Copyright
The Client is responsible for complying with copyright and license agreements for all content he or she provides. This includes written content, as well as fonts, photos, illustrations, tables, charts, diagrams, sheet music, audio files, and video files. By submitting a deposit to eBook DesignWorks, The Client assumes responsibility as publisher, acknowledges that he/she has obtained all necessary permissions to publish the material(s) that will be submitted, and agrees to indemnify, defend, and hold harmless eBook DesignWorks, its employees, vendors, and associated companies from any copyright infringement action that may arise. Neither eBook DesignWorks, nor company representatives, will be liable for copyright infringement if client fails to do due diligence on copyrights.
The Client agrees to allow eBook DesignWorks to use project samples on the eBook DesignWorks website, in their portfolio, or in workshops for self-promotional or educational purposes.
Source files (unused concepts, revision files, fonts, Photoshop layered files, Adobe Illustrator files, InDesign files, and any other files not specifically listed as deliverables on the project estimate) will remain the property of eBook DesignWorks.
Content
Prior to start of project, Client must submit all content including final manuscript and artwork per eBook DesignWorks materials submissions guidelines. The Client is responsible for ensuring that the manuscript and associated content are error-free and accurate before sending it. Unless requested by eBook DesignWorks personnel, unfinished (including unedited) versions of manuscripts should not be sent; any changes to the manuscript after it has been received by eBook DesignWorks will result in additional fees.
Turnaround Time
We complete every project as efficiently as possible. When all the materials for your job are submitted, we will send you a tentative schedule. Because turnaround time depends in large part on client responsiveness, we cannot guarantee delivery dates. If you have a must-make date or an event, please let us know in advance so there is sufficient time and we can schedule accordingly.
Delays in receiving information, feedback, or content from The Client will slow the project, delay completion, and may require that projects be moved to a later date in the queue in order to fulfill obligations to other clients. If Client delays or changes require changes to the production calendar, a rescheduling fee will apply.
Proofs
The Client is responsible for reviewing all proof files upon receipt. If a client does not have a particular e-reader device, e-reader apps are available. eBook DesignWorks will not be held responsible for file errors or layout issues that the client approves. Furthermore, all corrections or changes to proofs must be submitted together at one time per eBook DesignWorks guidelines. Additional proofing passes will incur hourly billing. Changes will not be accepted over the phone. Proofs are for layout corrections only, not text (editorial) changes; text (editorial) changes are not covered by the estimate and will done at hourly rates, unless otherwise agreed upon in writing.
The client will be asked to approve various parts of the design throughout this process. Once an aspect of the design has been approved, additional revisions to that part of the design will accrue an additional charge.
Payment
Submitting a project deposit constitutes acceptance of these Terms and Conditions. It is the client’s responsibility to read and understand these Terms and Conditions completely. Due to the creative and digital nature of the work, no refunds will be issued. All files submitted for final client approval will be marked with the eBook DesignWorks watermark. Final, un-watermarked files will not be delivered until final project payment has been received.
Cancellation/Refund Policy
Deposits are non-refundable. If a project is cancelled or abandoned by The Client for whatever reason, The Client will pay eBook DesignWorks at time of cancellation for all completed work, subcontracting, and other expenses completed on The Client’s behalf that exceeds the ampunt of the deposit.
Non-Payment
Paying a project deposit constitutes acceptance of these Terms and Conditions and our Agreement. Should future payments not be made according to the Terms and Conditions set forth in this agreement and this account is placed with a licensed collection agency, client agrees to pay all costs from court actions, including, but not limited to, interest and attorney and process server fees initiated as a result of client’s default.
If the final invoice remains unpaid for more than 30 days, copyright on all work remains with eBook DesignWorks, and we will sell or repurpose the artwork in a library or from our site to recover lost revenue and outstanding costs.
A project will be considered abandoned if we are unable to reach the client for 30 days, and final project costs will be assessed at that time.
Third-Party Services
eBook DesignWorks sometimes teams with third-party contractors. By using any product or service from eBook DesignWorks, The Client hereby acknowledges and consents that eBook DesignWorks may share such information and data with any third party with whom the Business has a contractual relationship to provide the requested product or service on behalf of eBook DesignWorks. eBook DesignWorks is not responsible for actions of the third-party vendor including but not limited to copyright infringement.
Final Project Cost
Project estimates are estimates only. Final project cost will be based on materials submitted by The Client during the project, changes requested by The Client during the project, calendar rescheduling required by The Client’s changes or delays, added deliverables or services not explicitly specified on the project estimate, and extra time incurred by eBook DesignWorks when The Client works outside of the eBook DesignWorks workflow.
Design and Formatting Credit
The Client agrees to allow eBook DesignWorks to place a small credit in completed print books and ebooks. For ebooks, this credit will be in the form of “eBook Design and Formatting by eBook DesignWorks” added to the copyright page and hyperlinked to our website. For print books, this credit will be in the form of “Book Design by eBook DesignWorks” added to the copyright page. For book cover designs, this credit will be in the form of “Cover Design by eBook DesignWorks” added to the copyright page.
Credit for cover design, book design, and/or conversion must be given within book (usually on the copyright page) as follows:
- Cover Design by eBook DesignWorks
- Book Design by eBook DesignWorks
- eBook Formatting & Conversion by eBook DesignWorks
The hyperlink must remain intact after publication.