Last updated November 28, 2021

This page sets out the terms and conditions clients must agree to when working with Defiance Books, so please read carefully. The placement of an order for design with Defiance Books or the purchase of a Defiance Books premade cover is deemed acceptance of these terms and conditions and constitute a legally binding agreement between you (“Client”) and Cari Friesen (“Designer”) of Defiance Book.

AGE RESTRICTIONS
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.

SCOPE OF WORK AND DESIGNER RESPONSIBILITIES
Designer will deliver a one-of-a-kind design (Project) within the time frame agreed upon by both parties.

The Defiance Books custom covers and other custom graphics include two concepts and three review rounds, during which the Client can request changes to the design without additional fees. For all subsequent individual changes, the Client will be charged an additional $20 per change.

Defiance Books premade covers are sold as is. Individual changes may be made per the Client’s request and per the Designer’s discretion. Any changes will be $20 per change.

Designer errors will be corrected at no charge.

Designer will provide final project files in JPG, PNG, or PDF format as detailed in Clients request and agreed upon by both parties. Please note, according to the international copyright law, we can’t sub-license the stock images we use, so fully layered source files will never be provided. (See ownership rights below)

CLIENT RESPONSIBILITIES
Client must provide accurate file dimensions needed. In the case of print covers, client must also supply finished layout page count, printer’s template or specs, or link to printer’s website for obtaining template/specs or contact information for printer.

Client is fully responsible for proofing the design provided by Defiance Books. It is strongly suggested that the Client requests a proof from the printer before ordering any materials using the design.

Client is advised to allow a reasonable time frame between commissioning a design and their proposed publication date to allow for the appropriate work to be produced. Client is responsible for advising Defiance Books of any deadlines or due dates for the design to be completed.

OWNERSHIP RIGHTS
Upon receipt of final payment, Defiance Books grants the Client limited, non-transferable rights to use design for intended ebook, print book, or as agreed upon by both parties and not for any other purpose. The customer may request in writing from Defiance Books, the necessary permission to use the final design in forms other than for which it was originally supplied, and Defiance Books may, at its discretion, grant this additional usage. Additional fees may apply.

Client understands that he/she has no right to alter the final cover design in any way except to change size for printing or digital display. If Client desires any alterations, he/she must consult Designer. Client understands that additional payments may be required to make these alterations.

Artwork and design may not be sold, reused, or used out of context.

Designer maintains full rights and ownership of all original artwork and cover design.

Unaltered, finished design may be used/included on promotional merchandise, provided the usage is in accordance with the rights and limitations of the licensing agreement of the stock image provider(s). Please read below for more information regarding licensing.

Client agrees to abide by the terms of any license agreement for any stock images purchased by Designer from a third-party image provider for use in Client’s design. The cost of design includes the standard license to use these images in the design and is limited to a print run of 200,000 – 500,000 units, depending on the provider. For books with a print run over these limits, additional licensing fees may apply. Links to third-party image providers available upon request.

Images used for Client’s design are royalty-free; however, the photographer or illustrator owns the copyright to those images, and they cannot be distributed in any manner other than in the final design provided by the Designer to the client.

If the Client supplies Defiance Books 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. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. Should any intellectual property dispute arise involving materials the Client provides, the Client assumes full legal and financial responsibility.

Designer retains the right to use client’s final design, name, and book title in designer’s portfolio and to market and promote their services.

Client understands and agrees that Designer retains full rights to any unused or discarded concepts. Designer retains the right to modify and display, repurpose, or sell unused or discarded concepts.

PUBLIC REVEAL OF COVERS
The Designer will grant the Client appropriate time for the public reveal of final ebook or print cover design. After six months, if the cover has not been made public by the Client, the Designer reserves the right to post in their portfolio.

CONFIDENTIALITY
All Client information and materials are considered confidential and only for use by Defiance Books to provide a quote for our services or to complete a project. Client materials and information will not be shared except as agreed to in writing by the client

ATTRIBUTION
Defiance Books has made crediting them in the book optional. This credit may appear in client’s book as such: “Cover design by C. Friesen at DefianceBooks.com”.

PAYMENT & DELIVERY
For premade book cover designs: Premade book cover designs must be paid for in full before revisions will be made.

For custom book cover designs or other custom graphic designs: A $20 non-refundable deposit is required before work will commence.

During design process, mock-ups and drafts will be sent to the Client in low-resolution, watermarked files.

Designer agrees to deliver samples of designs on dates agreed upon. Client should be aware that failure to submit requested information or materials may cause subsequent delays in the production, which could result in delays in delivery of the finished design.

Client agrees not to share unfinished design on public forums, such as Facebook, Twitter, Instagram, etc.

Upon Client’s approval of final design, Designer will provide an invoice with remaining balances due, including any extra costs incurred during the making of the cover (e.g., extra revisions, premium stock photos, or extended licenses).

Client agrees to submit final payment within seven (7) business days of receiving invoice. Designer will not release finished files to Client until final payment has been received.

Designer will provide final files of the Project within three (3) days of receiving the final payment or no later than the agreed upon due date, whichever is later, unless unforeseeable events occur, through no fault of the Designer, that may delay delivery. These events include, but are not limited to, disease, injury, loss of a close family member, and natural disasters.

All payments will be made through PayPal unless otherwise agreed upon by both parties.

CANCELLATION AND REFUNDS
The Client or the Designer may cancel this agreement at any time by providing written notice to the other party. If either party cancels a project before the design process starts, neither the client nor Defiance Books is under further obligation to the other, and this contract will be considered cancelled. All payments shall be refunded by Defiance Books within seven (7) business days.

If the Client cancels a project after the design process starts, neither the client nor Defiance Books is under further obligation to the other, and this contract will be considered cancelled. The deposit will not be refunded. However, any other payments made shall be refunded by Defiance Books within seven (7) business days.

If Defiance Books cancels a project after the design process starts, neither the client nor Defiance Books is under further obligation to the other, and this contract will be considered cancelled. The deposit will be refunded by Defiance Books within seven (7) business days.

In the event that the project is canceled at any time in the production process, prior to final approval and final invoice paid, Client forfeits any rights, license, or usage of the design project.

No refunds are possible after the final invoice has been paid, since the Client will have approved and agreed to the final design before payment.

LIMITATION OF LIABILITY
At no time will Designer or Defiance Books be held financially or legally responsible for any actions, claims, losses, damages, liabilities, loss of revenues or profits, loss of business or reputation, delays to publishing dates, or expenses, including legal fees, from Client’s use of Defiance Books’s services.

GOVERNING LAW
The terms of this agreement shall be interpreted according to the laws and legal jurisdiction of the State of Washington, USA.

CONSUMER PROTECTION LAW
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

DISPUTE RESOLUTION
Subject to any exceptions specified in these Terms and Conditions, if you and Defiance Books are unable to resolve any dispute through informal discussion, then you and Defiance Books agree to submit the issue before an arbitrator. The decision of the arbitrator will be final and binding. Any arbitrator must be a neutral party acceptable to both you and Defiance Books.

SEVERABILITY
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

CHANGES
These Terms and Conditions may be amended from time to time. We will notify users by posting a notice on our Site of changes to these Terms and Conditions.

LINKS TO OTHER WEBSITES
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.

Please also see our Privacy Policy.

If you have any questions or concerns, please contact info (at) defiancebooks.com.