Amai Designs Terms & Conditions
1. PUBLISHING RIGHTS
Upon completion of a project and after receipt of full payment, Amai Designs grants the client publishing rights of the final artwork. If the client fails to make a full payment in a timely manner upon approval and completion of the project, client will not have any rights to publish, post or share the work in any form.
Should the client provide any materials for the project, the client acknowledges he/she/they has obtained all rights and permissions to publish said materials to be used in the project and shall be solely responsible for the materials and the validity of copyrights, trademarks and ownership claimed by the client. Client agrees to indemnify, hold harmless and defend Amai Designs from any and all libel and copyright and permission infringement action resulting from materials client provides.
The client acknowledges that any materials provided by her/him/them must not be a public domain work, unless client is the original author or has obtained full ownership.
2. CONFIDENTIALITY & PRIVACY POLICY
All client information and materials are considered confidential and only for use by Amai Designs to provide its services. Amai Designs does not share or sell information to any third parties.
The client acknowledges that Amai Designs may use the client’s name and book title on Amai Designs' website and to market and promote our services online.
Upon your consent, Amai Designs collects user data such as email addresses to send marketing updates. The client understands that Amai Designs uses cookies and other web tracking tools such as Facebook Pixel and Google Analytics for the single purpose of improving its services and marketing efforts.
3. OWNERSHIP RIGHTS
Upon receipt of full payment, Amai Designs grants the client exclusive license to use the final cover design artwork (PDF, JPEG or other formats) for his/her/their book and/or e-book cover and associated promotional materials.
Amai Designs retains copyright and ownership of all design and draft materials as well as the original editable files. Amai Designs does not provide PSD files.
The client understands that he/she/they (or another designer) has no right to alter the final cover design in any way except to change size for printing or digital display. If the client desires any alterations, he/she/they will consult Amai Designs. The client understands that additional fees may apply.
The client acknowledges that Amai Designs retains the right to use the final book cover design, website design, logo design, name, and book title in Amai Designs’s portfolio and to market and promote our services.
4. STOCK PHOTOS
The client agrees to abide by the terms of any license agreement for any images purchased by Amai Designs through a third-party image provider for use in client’s book cover design.
All stock photos are purchased under Depositphotos' and Shutterstock's Standard License terms. This license is limited to a print run of 250,000 units. The client understands that for books with a print run over 250,000, additional licensing fees may apply. It is the client's sole responsibility to notify Amai Designs to purchase additional usage licencing.
All images used for the client’s cover are royalty-free. However, the photographer owns the copyright to those photographs and they cannot be distributed in any manner other than in the book cover design and associated promotional materials.
If the client supplies Amai Designs with materials subject to intellectual property rights by a third-party, it is the client's sole responsibility to secure the appropriate rights to use the materials. Amai Designs reserves the right to request a copy of secured rights. Should any intellectual property dispute arise involving materials the client provides, the client assumes full legal and financial responsibility.
5. ATTRIBUTION
Amai Designs requires design credit appear in client’s book (front or back):
Cover Designed by Samantha Santana @ Amai Designs
6. ARTWORK APPROVAL & PROOFING
Amai Designs will take all reasonable care to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, the client is fully responsible to check all artwork carefully before final approval and publishing. It is strongly suggested that client requests a proof from the printer before publishing. At no time will Amai Designs be held liable or financially responsible for loss, expense or damage caused by any act or omission or as a result of using the book cover design.
7. CLIENT RESPONSIBILITIES
Amai Designs is under the responsibility of the client from the time a project starts, and throughout the project. All reasonable care will be taken to ensure work is completed to the highest achievable standard however Amai Designs will not be held liable for loss, expense or damage caused by any act or omission that occurs throughout the duration of the project.
8. LIABILITY
Amai Designs is not liable to the client or any third party for any incidental, consequential, special, punitive, or exemplary damages of any kind arising directly or indirectly in connection with the provision of services. This also includes, without limitation, interruptions caused by acts of Nature, or any other circumstances beyond reasonable control, such as loss of revenue/profits, business/reputation, loss of data or otherwise.
Amai Designs is not responsible for any claim, loss, or injury based on errors or any other inaccuracies appearing on our site or in our clients’ written documents, including without limitation as a result of any breach of the terms and conditions of this agreement.
The client will indemnify and hold harmless Amai Designs from and against any claims, costs, expenses, negligence, actions or suits suffered, sustained or incurred by the client or any third party.
Neither the client nor Amai Designs shall be held liable for failure to complete this contract due to acts of Nature or any other unforeseeable circumstances (force majeure events).
9. PAYMENT
Payment by the client is required within 7 (seven) days (or agreed upon date) of receipt of invoice from Amai Designs. Amai Designs accepts payments via PayPal. The client agrees to pay a non-refundable 50% deposit of the total cost for projects over $100. Projects under $100 will require a full payment be made before work can begin.
The remaining balance will be due upon final approval of the book cover design or service. Amai Designs will not release finished files to the client or other parties until final payment has been received. Amai Designs retains the right to discontinue, withhold, or suspend services should payments not be made as specified in this contract.
The final payment will signify the completion of this contract.
10. RESALE & PREMADES POLICY
No custom or premade design work by Amai Designs can be resold to or by any third party or author. All premade book cover sales are final and no refunds will be issued once sold.
11. CANCELLATION / TERMINATION OF AGREEMENT
Should the client wish to cancel/terminate the agreement and discontinue any work in progress, the client must notify Amai Designs immediately of this intention. All payments and deposits made up to that point will not be refunded. In the case of cancellation/termination, outstanding invoices are required to be paid within 7 (seven) days of the invoice issue date.
If client cancels a project before work has started, the client is under no further obligation to Amai Designs and agreements will be considered cancelled.
The client understands that upon cancellation he/she/they has no rights to any proofs sent up to that point.
12. VARIATION IN TERMS
These terms can only be varied, amended or altered by Amai Designs. Amai Designs reserves the right to make such variations at any given time.
13. AGREEMENT
The client acknowledges acceptance of these terms upon request of service and acceptance is acknowledged upon receiving the request. Electronic agreement located in the Contact section shall be considered legal and binding. The client understands that by contacting Amai Designs via electronic mail, Contact form or other form of communication he/she/they is in full agreement of these terms. No additional promises or conditions, written or oral, apply to this agreement that are not included herein.