By purchasing any of our products or services, (hereafter referred to as “Client”) has retained Labyrinth Graphic Design Services (hereafter referred to as “Designer“), to proceed with the requested services, and agrees to the terms and conditions as set forth within this agreement.
1. SERVICES
This agreement constitutes an order for cover design and related services. Base prices are located on labyrinthbookservices.com and are subject to change depending on the complexity of a project. The designer reserves the right to give the Client, a price differing from those listed on the website. All prices and fees will be disclosed upfront before work begins.
2. PAYMENT
For premade designs, the Client agrees to send the full payment before receiving the final artwork. The premade design is sold as-is unless clearly stated in the description. The Client is responsible for covering any additional costs not included in the premade package, such as paperback, promotional materials, revisions, and other design-related services.
For custom orders, the Client agrees to pay an initial deposit of half the total cost before work begins on the project. The remaining balance is due upon approval of the final design. The Designer will not release finished files to the client or other parties until the final payment has been received. The final payment is also the final approval of the project, and this contract will be considered fulfilled and thus, terminated. Labyrinth Graphic Design Services retains the right to discontinue, withhold, or suspend services for any account should payments not be paid for a contracted job in the order specified in this agreement.
3. CANCELLATION & REFUND
The client or designer may cancel this agreement at any time by providing written notice to the other party. If either the client or designer cancels a project before work has started, neither the client nor the Designer is under further obligation to the other, and this contract will be considered canceled.
If the client should stop or cancel a design job once it has started, the client agrees to forfeit 50% of the project's total sum. This is to cover resources and time taken during the project up to the point of cancellation. The client will have no rights to any sketches, proofs, comps, and mockups sent to the client and agrees to return/destroy them. The designer has the right to edit/modify/change the design and use it at his/her discretion.
For premade designs, the client acknowledges that all sales are final and cannot be subjected to a refund. However, the client may re-sell the design with the designer's consent.
4. OWNERSHIP RIGHTS
The Designer retains copyright and ownership of the design artwork after the purchase is completed, as well as all design, and draft materials. Upon receipt of full payment, the designer grants the Client an exclusive license to use the final design artwork for their book cover and other printed promotional materials, subject to the restriction described in Paragraph 9. The designer is not liable for misuse by the Client.
All designs cannot be sold or transferred to other designers. All designs cannot be modified, altered, or adapted by other designers without express permission from the Designer. The Designer retains the right to display the project artwork in their portfolio.
The Client understands and agrees that he/she has no right to alter the final design in any way except to change the size for printing and other displays. If the client desires any alteration, he/she will consult the Designer. The Client understands that additional payment may be required to make those alterations. The Designer should inform the Client regarding the cost of those alterations beforehand.
5. CONFIDENTIALITY
All client information and materials are considered confidential and only for use by Labyrinth Graphic Design Services 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.
6. CLIENT'S RESPONSIBILITY
The client understands that the Designer is not an employee and that this will be a collaborative, professional relationship of equals, as in a partnership, where mutual professional respect, courtesy, and consideration are expected. Due to the virtual nature of the partnership, the Client understands the importance of communication, especially via email, and agrees to respond to questions, requests, and communications from the Designer in a timely manner. The client understands that Designer is a business with other clients to service and requires fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunication on the part of the Client will not constitute an emergency for the Designer. The client understands that the Designer may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality of work. In return, the Designer promises fair, professional, and timely communication.
7. COMMUNICATION
The Designer promises to respond to Client queries within 24 hours of contact during business days, and 24 – 48 hours during weekends, unless in cases of emergencies like sudden health deterioration or natural disasters.
The Designer agrees to complete the project within the time period that has been previously agreed upon with the Client. The Client will provide sufficient notice and allow for reasonable time frames for project completion. The designer reserves the right to refuse any project or service request.
8. MATERIALS & INFORMATION
The client will provide all information required by the Designer for project completion. Source material must be clear and legible. There is no deadline for the Client to send in this information. The final version of the project file will be provided within a week of providing the said information.
9. INFORMATION ON STOCK IMAGES
The Client agrees to abide by the terms of any license agreement of any stock image purchased by Labyrinth Graphic Design Services through a third-party image provider to use in the Client’s design. The cost of the cover includes the basic license to use these images. Reproducing copies is limited to up to 500,000 with unlimited web usage and is also based on the standard license on stock images (https://depositphotos.com/license.html). The Client is responsible for contacting the designer to get permission for any other usages such as product packaging, magazines, marketing campaigns, mobile applications, newspapers, and album artwork.
Boutique stock photo (such as Period Images, Neostock, etc) costs should be covered by The Client. For Pre-Made Covers, the boutique stock cost is covered by the Designer and included in the price, if applicable.
If the client supplies the Designer 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.
10. LIMITATION OF LIABILITY
The Designer 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 our services.
Labyrinth Graphic Design Services 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.
If the client purchased a premade cover design, but does not have the necessary text information at the moment of purchase, Labyrinth Graphic Design Services is obliged to wait for the client until they collect the necessary ebook text information. By completing the purchase, the client is aware and accepts the risk of potential data loss on our end for any reason since the necessary info hasn’t been provided on time. In such cases, Labyrinth Graphic Design Services does not owe any compensation to the client. However, Labyrinth Graphic Design Services will do his/her best to recover the lost file or re-create a similar design if given an ample amount of time.
The client agrees that many factors contribute to the success of a book, including marketing techniques, audience size, book quality, blurb appeal, cover design, and more. The designer will not be held liable for book sale performance that does not meet the Client's expectations.
11. ACCURACY OF INFORMATION
Client agrees that the accuracy of information supplied to Designer is the sole responsibility of Client and that Designer is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete, or untruthful information furnished by Client. If the Designer is requested to rework any files after project completion due to inaccurate information provided by the Client, the Designer can deny the request and not be held accountable. If the Designer accepts the revision request, a rework fee will be incurred.
12. ATTRIBUTION
In the case of credit design, please credit Labyrinth Graphic Design Services anywhere within your book, such as the copyright page, or on the back cover. Any included website links should direct to labyrinthbookdesigns.com
13. USE OF AI-GENERATED ART
Labyrinth Graphic Design Services does not knowingly use any programs or stock images containing Generative AI elements. Due to the high number of AI images appearing on stock websites, should a stock photo be used that Designer or Client later suspects to be AI, Designer will immediately alter the design to replace the offending image at no cost.
Labyrinth Graphic Design Services DOES NOT utilize any Generative AI programs that train off content where the original creators were not credited nor compensated. This includes but is not limited to Midjourney, Stable Diffusion, Dall-E, etc.