Terms & Conditions

Farah Evers Designs Terms and Conditions - FED IMPLEMENTED POLICIES

Please read these Terms and Conditions carefully before using www.faraheversdesigns.com operated by Farah Evers Designs. This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.faraheversdesigns.com.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.

FARAH EVERS DESIGNS will also be referred to as FED hereafter.

Intellectual Property
The Site and its original content, features and functionality are owned by Farah Evers Designs and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Termination
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Farah Evers Designs.

Farah Evers Designs has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Governing Law
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of The Netherlands, without giving effect to any principles of conflicts of law.

Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

Contact Us
If you have any questions about this Agreement, please contact us.

PAYMENT

All preset prices for services are liable to change at any given point.
Currencies accepted are in USD (American Dollars) and EUR (Euros) only.

Clients will receive the final and revised product only after they have completed payment. The client can access these products from their client area, download section.

HOURLY RATE

If the product you request does not have a standard price on it, then the hourly rate for any design is 45,00 USD excluding taxes for any job small or big. (Applies to all Non-EU residents)
EU hourly rate is at 45EUR excluding taxes.

ORDERING A BOOK COVER

Third-Party Image Licenses:

Client agrees to abide to the terms of any license agreement for any images purchased by FARAH EVERS DESIGNS through a third-party image provider for use in Client’s Book Cover Design. Information on the third-party provider and their license terms will be provided to Client by FARAH EVERS DESIGNS before image is purchased. Client may not extract the image from the Book Cover Design to use for other purposes. In order to use the image for other purposes Client will need to purchase their own additional license for the image directly from the third-party image provider. If Client cancels the Book Cover Design Service the image license shall be kept by FARAH EVERS DESIGNS and Client will have no rights to use image in any manner and Client agrees to destroy any mockups or other completed work sent to Client by FARAH EVERS DESIGNS that contains the purchased image in any form.

Responsibilities:

Client is fully responsible for proofing the Book Cover Design provided by the FARAH EVERS DESIGNS and it is strongly suggested that Client requests a proof from the printer before publishing or ordering any copies of the book. At no time will FARAH EVERS DESIGNS 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 provided by FARAH EVERS DESIGNS. FARAH EVERS DESIGNS is not responsible for any usage of fonts, stock images, or illustrations provided or chosen by the client. After the client has accepted a design, liability is transferred accordingly. While FARAH EVERS DESIGNS will do their best to fix any problems that may arise with the Book Cover Design they cannot be held responsible for any costs, fees or expenses due to any problems with the Book Cover Design even if the problem was a result of an error by FARAH EVERS DESIGNS. For example, if Client submits the Book Cover Design created by FARAH EVERS DESIGNS to a printer, has 50 copies of the book printed then realizes that FARAH EVERS DESIGNS made a mistake on the cover; FARAH EVERS DESIGNS will not be responsible for any cost incurred by Client to print or reprint those books or any other fees or expenses resulting due to error.

Ebooks

* Industry standards apply to all covers, whether fiction or non fiction. I will not change font size or location, unless I deem it acceptable from a professional standpoint. If you would like full and "wrongful" control over your cover, I am not the right designer for you. I take my craft very seriously, therefore, please understand that it is my thorough research as well my marketing tricks that drive my designs.

* First revision is always free, after that every change you would like made to the cover will cost you an extra $5.

* Image or full concept swaps charges are between $15-$25 per revision.

* If you accept an ebook cover, you may NOT change, alter, edit, or turn it into a PRINT cover without FED's express consent, as well as the standard issued FED stamp. You should never print an ebook cover. Print has its own color and quality conversions. If you don't know what the conversions are, always consult with a professional.

* If you refuse a finished design cover, you may NOT use it or parts of it in any way. Should you accept a design, you may NOT alter it unless with FED's express permissions. You pay for exclusive rights license to use the design as it is delivered, and the original copyright is well protected as my intellectual property.

Disclaimer: Farah Evers Designs provides all the art work, stock photographs, and every license used on the cover. Farah Evers Designs does not hold responsibility for any materials submitted by a client, or enforced by the client.

Print Books

For a print cover, you will need to find the correct print house in advance. Companies like CreateSpace will supply you with the proper measurements for your book cover by filling some of their forms. Otherwise, if you're working with an independent printer, you need to ask them for the PDF that meets the thickness/size of your intended book cover. Please, try to include your barcode and ISBN in your printer issued PDF, if the printer won't be inserting it themselves.
If you are printing via CreateSpace, please follow this link to download the required PDF. This one will not include the actual barcode. CreateSpace will offer to insert the barcode as a final step.

Your blurb will not be read/edited for you. It is your responsibility to make sure the blurb you enter does not have any mistakes. The blurb will be copy/pasted straight from the form on to your book cover. You may request paragraph break revisions, however, extra charges will incur should you request text or grammatical revisions.

*All Print material, including covers, posters, flyers, or anything other prtinables will automatically be delivered with a Farah Evers Designs rectangular stamp on the back or front. It's standard. The stamp is small and unobtrusive.

* Farah Evers Designs hereby grants permission to the client to use a design as a FINAL COMPOSITION as presented. FED art work is original in composition. Farah Evers Designs does not claim ownership, grant or transfer the rights of any of its designs, logos, covers as individual components nor of the font used in the logo. Farah Evers Designs only transfers the final composition of the design in an as-is state, ready to be used by the client.

* You may NOT use a design or parts of it in any way, whether you've accepted or refused a design. Should you accept a design, you pay for exclusive rights license to use the design, and the original creative license is well protected as my intellectual property.

* First revision is always free, after that every change you would like made to the cover will cost you an extra $5.

Do not, please, I repeat, do NOT send me attachments such as pictues, fonts, or diagrams, unless it's for showing a concept. I only utilize my own resources. Just "TELL" me whatever it is you think I must know to create your cover if the points mentioned below don't cover that.

Other Printables:

* Client may use book covers on T-shirts and other Swag items, so long as the design is intact, provided the swag is non profit.

* Symbols and custom art that is sold seperately with a cover design requires a separate paid license for independent distribution. (for example, custom fleurons, characters... etc)

Should the client sell above 10,000 copies of any design, a new license agreement ensues, and FARAH EVERS DESIGNS will have the right to enforce a new royalty fee upon contract.

LICENSING

The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by FARAH EVERS DESIGNS.
All design work is carried out by FARAH EVERS DESIGNS on the understanding that the client has agreed to abide by FARAH EVERS DESIGNS' terms and conditions.
Copyright of all graphic design work is retained by FARAH EVERS DESIGNS including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing)

Client or end user may not use the designs as follows, except by written consent from FARAH EVERS DESIGNS or by legal purchase of intellectual property:

Resale or license, unless exclusively agreed upon by FARAH EVERS DESIGNS or the original photographer/designer/contributor.
All designs are intellectual property of FARAH EVERS DESIGNS. Should the Photoshop files of a series or any single cover be transfered to another designer, for reasons provided by client or FARAH EVERS DESIGNS, the original art must be purchased. (Prices to be discussed. Please note, this does NOT mean we own your brand. Your brand is yours. FED owns original art - drawings... etc.)
Client may not alter, crop, modify or adapt the designs in connection with the above permitted uses. Client may make a back-up copy of the design(s) for internal back-up purposes provided the Client is a FARAH EVERS DESIGNS client, and the design(s) in question are in the user’s purchase history. (Check user area)
Should the clients' sales exceed 10,000 copies, a new fee will incur. The client will be automatically invoiced for a license renewal at any time.

Restrictions on Use Except as provided herein, Licensee may not:

• Sublicense, sell, assign, convey or transfer any of its rights under this Agreement. Unless otherwise specified by legal contract and sales of transfer.

• Use any design in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials.

Indemnity

Client agrees to indemnify and hold FARAH EVERS DESIGNS harmless against all claims arising out of or in connection with any breach of this Agreement.

Warranties

FARAH EVERS DESIGNS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, AND WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

FARAH EVERS DESIGNS SHALL NOT BE LIABLE TO CLIENT OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF CLIENT'S USE OF THE DESIGNS, OR OTHERWISE.