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Terms and conditions


PUBLICATION RIGHTS
1. The client acknowledges that he has obtained all rights and permissions to publish the materials to be used in the project and will be solely responsible for the materials and for the validity of the copyrights, trademarks and property claimed by the client. The client agrees to indemnify, hold harmless and defend Marco Mancen Digital Artist and its employees from any and all defamation and copyright and permission infringement actions resulting from materials provided by the client. The book material provided by the customer must not be a work in the public domain (unless the customer is the original author).


CONFIDENTIALITY

2. All client information and materials are considered confidential and solely for use by Marco Mancen Digital Artist to provide a quote or complete a project. Customer information and project materials will not be provided or shared with third parties unless otherwise requested by the customer.


COVER DESIGN SERVICES

3. Marco Mancen Digital Artist value to the design of a printed book cover includes the following:

  • A complete physical book cover design and front, back, spine, ear layouts tailored to the customer's print shop or publisher's specifications. The customer must provide or direct Marco Mancen Digital Artist the correct specifications and formats.

  • A print-ready high resolution PDF of the cover to send to the customer's print shop/publisher.

  • An ISBN barcode created and placed on the back cover if necessary. The customer must provide the ISBN number.

  • Purchase stock images for use in book cover design. (If the customer has specific image requests from image banks other than the ones we use, additional fees may apply.)

  • Digital delivery of the included cover files.

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4. Marco Mancen Digital Artist value for designing an e-book cover includes the following:

  • A lower resolution jpeg file formatted for use as an ebook cover.

  • Purchase stock images for use in book cover design. (If the customer has specific image requests from image banks other than the ones we use, additional fees may apply.)

  • Digital delivery of the included cover files.

  • Book cover design service does not include original art or illustrations, writing or editing services, or anything else not specified in the list included above.


EDITORIAL SERVICES

5. When providing proofreading services (if contracted), the editor will correct punctuation, grammar, spelling, usage, typos and capitalization. The review does not include fact checking or any other services not specified in this contract.


6. When providing text editing services (if contracted), the editor will correct punctuation, grammar, spelling, usage, typos and capitalization. The editor may also notice issues with clarity, consistency, and word choice. Text editing does not include fact checking or any other services not specified in this agreement. The publisher will make corrections and return the electronically edited file to the customer upon receipt of final payment. The customer is responsible for accepting or rejecting all changes after editing is complete.


7. For layout services and editorial projects for magazines, books or any other editorial service, the client must provide all text material duly revised, photos in high resolution 300 dpi in JPG, TIF or PNG (if responsible for providing) . In the case of magazines or other editorial services, a digital doll must be provided to guide the creation of the project and artwork. The delivery deadlines for the materials must be met by the client so that there are no delays in the delivery of the work.


8. All documents are edited to a high standard using original Adobe Creative programs and other programs. We will provide you with the best possible service to the best of your ability and we cannot guarantee that written documents will be “perfect” or “error free”. Marco Mancen Digital Artist makes no guarantee that the client's work will be completely error-free, therefore, it is of utmost importance that the client makes its final review and gives its approval to release the artwork under its responsibility.


PROPERTY RIGHTS

9. Upon receipt of full payment, Marco Mancen Digital Artist grants the client exclusive license to use the cover design artwork (PDF, JPEG or other ready-to-publish format) for the cover of their book and/or e-book and associated promotional materials, as well as for other contracted services, layout, editorial projects, etc.


10. The customer understands that he has no right to change the final design of the project in any way, except to change the size for print or digital display. If the customer wants any changes, he will consult Marco Mancen Digital Artist, as changes made by third parties may damage the customer's image and Marco Mancen Digital Artist is not responsible for such changes. Customer understands that additional payments may be required to make these changes.


11. Customer agrees to comply with the terms of any license agreement for any images acquired by Marco Mancen Digital Artist through a third-party image provider for use in designing the cover of Customer's book. The cost of the cover design includes the license to use these images and is limited to a print run of 500,000 units. For books with circulations greater than 500,000, additional license fees may apply through the image bank. Images used for the client's cover are royalty free; however, the photographer owns the copyright to these photographs and they may not be distributed other than in the book cover design and/or other services.


12. Marco Mancen Digital Artist reserves the right to use the final book cover design, book name and title in the Marco Mancen Digital Artist portfolio and to market and promote our services. Marco Mancen Digital Artist retains copyright and ownership of all design and draft materials. Likewise, the client may use and share the images for their dissemination.


13. If the client provides Marco Mancen Digital Artist with materials subject to the intellectual property rights of third parties, the client will ensure the appropriate use rights of the materials before directing them to incorporate them into their project. Should any intellectual property dispute arise involving materials provided by the customer, the customer assumes full legal and financial responsibility.


ASSIGNMENT

14. Design credit must appear in the client's book/magazine (back cover or on the credits and copyright page) as: “Cover design, layout, editorial design by Marco Mancen or Marco Mancen Digital Artist”. If the book is published by a publisher, this composition must be requested from the publisher by the author.


CUSTOMER RESPONSIBILITIES

15. The client is fully responsible for reviewing the design provided by Marco Mancen Digital Artist. It is highly recommended that the customer request a proof of the print shop before publishing or ordering any copy of the service. At no time will Marco Mancen Digital Artist be held financially or legally liable for any problems, costs, fees or expenses incurred by the client as a result of the use of the design provided.


RESPONSIBILITY

16. Marco Mancen Digital Artist is not responsible for final prints by printers and publishers, incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including loss of revenue or profits, loss of business or reputation, or loss of data in any way related to our Services. Marco Mancen Digital Artist is not responsible for any claim, loss or injury based on errors or any other inaccuracies appearing on our website or in our clients' written documents, including, without limitation, as a result of any violation of the terms and conditions of this website. contract.


PAYMENT METHODS

17. The customer agrees to pay at least an initial deposit of half of the total cost prior to commencement of project work, or prepayment, or via credit cards or otherwise agreed. If there is any remaining balance, it is due upon approval of the final cover design of the book or upon completion of editing the manuscript. Marco Mancen Digital Artist will not release completed files to the client or other parties until final payment is received in full. The final payment is also the final approval of the project, and this contract will be considered fulfilled and therefore terminated. Marco Mancen Digital Artist reserves the right to discontinue, retain or suspend services from any account if payments are not paid for a contracted work in the order specified in this contract. The service is prohibited from being used.


CANCELLATION POLICY

18. The client or Marco Mancen Digital Artist may terminate this contract at any time, by giving written notice to the other party. If the client or Marco Mancen Digital Artist cancels a project prior to the commencement of work, neither the client nor Marco Mancen Digital Artist will have any further obligations towards the other, and this contract will be considered terminated.


19. If the client stops or cancel a book cover design work or any other after starting, the client agrees to pay at least 60% of the total project value to Marco Mancen Digital Artist. This covers the resources and time spent during the project until the cancellation. The client will not have rights on the layouts sent to the client and agrees to destroy them, but if they are used, it can be triggered judicially. If the client stops or canceling an editing job after starting, the client will pay for the completed work until the cancellation date. For complete and / or paid layouts in advance the values ​​will not be returned to cover the resources and time spent during the project until the cancellation, since it is understood that it will do the work until its conclusion. For payments made and without customer contact for more than 3 months, Marco Mancen Digital Artist believes that there was a dropouts of it and the value will not be reimbursed unless there is an agreement between the parties. They may enter as a credit, but only if it is made between the parties.


COMPLETE AGREEMENT

20. This agreement is integral to all parties. No additional promises or conditions, written or oral, apply to this contract that is not included herein.


MODIFICATION OF AGREEMENT

21. Modification of any provisions of this Agreement is not valid and enforceable unless confirmed in writing and signed by all parties in hard copy or by electronic signature.


SEPARATION

22. The conclusion of any provision of this agreement as invalid or unenforceable does not render the remaining provisions invalid or unenforceable.

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*Updated on 04/22/2022.

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