Resplendent Media

Service Agreement

Last updated: May 16, 2020

DESIGNER RESPONSIBILITIES
Resplendent Media is to deliver a one-of-a-kind ebook cover and any other optional extra add-ons, such as full-wrap print paperback covers, audio book covers, and graphics, to the client.

Resplendent Media will not infringe on the copyright of another designer’s work, unless express permission from the original designer has been provided.

Each ebook design comes with up to five rounds of revisions, during which Client can request revisions without additional fees, provided any additional stock photos purchased is from Deposit Photos. All subsequent rounds of revisions are charged at a rate of $40 USD per hour, with a half hour minimum.

STOCK IMAGE LICENSES

Each project includes standard stock photos from Deposit Photos and Shutterstock. Stock photos from other providers may be purchased on behalf of Client for an additional fee to be added to Client’s invoice.

Client agrees to abide by the licensing terms for any stock photos purchased by the Resplendent Media for use in Client’s book cover design. Resplendent Media sources stock photos, under the Standard License (or equivalent), from the following providers:

Shutterstock Terms: https://www.shutterstock.com/license
Deposit Photos Terms: https://depositphotos.com/license.html

If Client provides stock photos to be used for the cover, Client acknowledges they have a valid license for the material. Should any intellectual property dispute arise involving materials Client provides, Client assumes full legal and financial responsibility.

CLIENT RESPONSIBILITIES
Client is fully responsible for proofing the book cover design provided by Resplendent Media. It is strongly suggested that Client requests a proof from the printer before ordering any materials using the book cover design. At no time will Resplendent Media be held financially or legally responsible for any expenses incurred by Client as a result of using the book cover design.

Resplendent Media reserves the right to have creative input in the design process, but Client retains the right to review the book cover during its various design stages, have final approval of the book cover’s content, and offer any suggestions or bring up any concerns.

OWNERSHIP RIGHTS
Upon receipt of full payment, Resplendent Media grants Client exclusive license to use the final cover design artwork and associated promotional materials. The source file (PSD) with the text layers unlocked may be requested for an additional fee of $50 USD. Resplendent Media does not provide source files with the artwork layers unlocked.

Resplendent Media retains the right to use Client’s final book cover design, name, and book title in Resplendent Media’s portfolio for marketing and promotional purposes. Resplendent Media retains copyright and ownership of all design and draft materials.

ATTRIBUTION
Attribution is optional. This credit may appear in Client’s book as: “Cover Design by Resplendent Media.”

LIABILITY
Resplendent 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. Resplendent 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.

Resplendent Media guarantees to use assets that, to their best knowledge and ability, are legally sourced. Resplendent Media also agrees to edit free of cost or refund any cover, promotional item, or other provided artwork should questionable materials have been used.

PAYMENT

Client agrees to pay upfront before work will begin on the project. Resplendent Media will not release finished files to Client or other parties until payment has been received. Resplendent Media 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.

A $50 deposit fee may be requested in case the design slot is reserved a minimum of two months from the current date. In this case, the slot will not be reserved until the deposit has been paid.

PROJECT COMPLETION
Resplendent Media will provide the initial draft file of the book cover within 48 hours of the booked date, unless unforeseeable events occur, through no fault of the Artist, that may delay production. These events include, but are not limited to: disease, loss of a close family member, and crimes against the Artist.

If the Artist fails to provide the initial draft files within two weeks after the agreed booking date, Client may, by written notice to the Artist, terminate this Agreement and receive a full refund. In such event, no damages, suits, actions, or proceedings shall be claimed, instituted or maintained by Client against the Artist.

Final project completion is dependent on Client providing feedback and design specifications within a reasonable time period after the initial book cover draft has been delivered.

PUBLIC REVEAL OF ARTWORK AND DISCARDED CONCEPTS
Resplendent Media reserves the right to display Client’s finished cover 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 cover. After six months, if the cover has not been made public by Client, the Artist reserves the right to post in their portfolio.

Resplendent Media reserves the right to take any discarded concepts and rough designs that differ from the final product and reuse them at a later time, either for another client or as a pre-made cover, with any necessary modifications.

CANCELLATION POLICY
For custom covers, Client or Resplendent Media may cancel this Agreement at any time by providing written notice to the other party. If either Client or Resplendent Media cancels a project before the design process starts, neither Client nor Resplendent Media is under further obligation to the other, and this contract will be considered cancelled. All qualified payments shall be refunded by Resplendent Media within seven (7) business days.

For custom covers, if work has been started on the book cover, refunds will only be offered in extreme circumstances.

For pre-made covers, all purchases are non-refundable.