These terms and conditions, when agreed to and accepted by you (the client/author) after you enter your full legal name and sign the contract will create a binding and legally enforceable contract between you (the client/author) and Creative James Media(designer). Please read these terms and conditions carefully before signing the contract and submitting your form.
1. Rachel Burchett is bound by contract to deliver images for the purpose of advertising with the client’s wishes in mind.
2. Rachel Burchett will not infringe on the copyright of another designer’s work, however, background images are not single-use images, but are considered free for commercial use, no attribution required.
3. The Standard Package includes two review rounds and the Premium Package includes seven review rounds, during which the client can request changes to the design without additional fees. All subsequent rounds come with a $10 fee.
4. The Premade includes one review round for textual changes to the design without additional fees. All subsequent individual changes come with a fee: $35 US dollars per extra hour spent on the premade (minimum one hour).
5. In the case of client provided images to be used in the project, the client acknowledges he/she has obtained all rights and permissions to publish 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 Creative James Media from any and all copyright and permission infringement action resulting from materials client provides. The book material client provides must not be a public domain work (unless client is the original author).
6. All client information and materials are considered confidential and only for use by Creative James Media to provide a quote or complete a project. Client information and project materials will not be given out or shared with any third party, unless otherwise requested by the client.
7. Upon receipt of full payment, Creative James Media grants the client permission to use the final advertising images (PNG, JPEG) in his/her promotional materials.
8. The client understands that he/she has no right to alter the final advertising images in any way except to add filters on social media platforms. If the client desires any alterations, he/she will consult Creative James Media. The client understands that additional payments may be required to make these alterations.
9. Creative James Media retains the right to use client’s final advertising images in Creative James Media’s portfolio and to market and promote their services. Creative James Media retains copyright and ownership of all design and draft materials.
10. If the client supplies Creative James Media with materials subject to intellectual property rights by a third-party, the client will secure the appropriate rights to use the materials before directing the designer to incorporate them into his/her project. Should any intellectual property dispute arise involving materials the client provides, the client assumes full legal and financial responsibility.
11. The Author grants the Designer the right to include, in small print, the following on the graphic: Created by CJM.
12. Client is fully responsible for proofing the advertising materials by Creative James Media. At no time will Creative James Media be held financially or legally responsible for any problems, costs, fees or expenses incurred by client as a result of using the book cover design.
13. If the client does not provide the Designer with instructions regarding their vision for the advertising images, the Designer reserves the right to have creative control. The client retains the right to review the advertising images during its various design stages, have final approval of the advertising images content, and offer any suggestions or bring up any concerns.
14. Creative James Media is not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including loss of revenues or profits, loss of business or reputation, or loss of data, in any way related to their services. Creative James Media 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.
15. Payment will be made via PayPal, sent to the Author as an invoice once the contract is signed. The final advertising image files, with no watermarks, will be released to the Author after receipt of the final payment.
16. If the author wants to reserve a spot for an advertising package at least three months before the start of the design, a $30 deposit is required. The slot in the schedule will not be reserved until the deposit has been paid. This is not a standalone fee, but part of the rates and will be deducted from the total. This is a non-refundable deposit in case the author cancels or forgets about the booking. This deposit will only be refunded if the author is not satisfied by the final design.
17. The Author agrees to pay the remaining balance of the invoice upon completion and approval of the design. Any extra costs incurred during the making of the cover will be added to the final bill. If the Author wishes to terminate the advertising image before completion, the design files in their current state will not be handed over to the Author.
18. The Author approved and agreed to the final design before payment, so no refunds are possible after the final invoice has been paid.
19. The Designer will provide the final files of the advertising images no later than the agreed date expressed in writing, unless unforeseeable events occur, through no fault of the Designer, that may delay production. These events include, but are not limited to, disease, loss of a close family member, crimes against the Designer and labor strikes.
20. If the Designer fails to provide the advertising images within two weeks after the agreed deadline, the Author may, at the Author’s option, by written notice to the Designer, terminate this Agreement and receive a full refund. In such event, no damages, suits, actions, or proceedings shall be claimed, instituted or maintained by the Author against the Designer.
PUBLIC REVEAL OF COVERS AND DISCARDED CONCEPTS
21. The Designer reserves the right to display the Author’s finished advertising images in their portfolio and on social media sites at their discretion, however, they will grant the Author appropriate time for the public reveal of said images. After six months, if the advertising images have not been made public by the Author, Designer reserves the right to post in their portfolio.
22. The Designer also reserves the right to display any version of the advertising images that was created during the process if they feel it is a better representation of their skills and work.
23. The Designer reserves the right to take any background image and reuse it at a later time. No materials (images, quotes, book concepts) provided by the author will be taken for future use.
24. For custom advertising images, the client or Creative James Media may cancel this agreement at any time by providing written notice to the other party. If either client or Creative James Media cancels a project before the design process starts, neither the client nor Creative James Media is under further obligation to the other, and this contract will be considered cancelled. All payments except the possible $30 deposit shall be refunded by Creative James Media within seven (7) business days.
25. For custom advertising images, if either client or Creative James Media cancels a project during the design process, neither the client nor Creative James Media is under further obligation to the other, and this contract will be considered cancelled. All payments shall be refunded by Creative James Media within seven (7) business days.
26. This agreement is the entire agreement of all parties. No additional promises or conditions, written or oral, apply to this agreement that are not included herein.
MODIFICATION OF AGREEMENT
27. Modification of any provisions of this agreement is not valid and enforceable unless confirmed in writing and signed by all parties either in hardcopy or by e‐signature.
28. The finding of any provision of this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.
29. In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the Parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by a dispute resolution organization, such as the American Arbitration Association, or other, in accordance with the provisions of its Commercial Arbitration Rules.