TERMS AND CONDITIONS
The "Client" and the Designer, "Dream Echo Designs," has agreed to the terms and conditions of this agreement :
PUBLISHING RIGHTS AND BRAND NAMING
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1. The client acknowledges he/she has obtained all rights and permissions to publish materials to be used in the project and shall be solely responsible for the materials and the validity of copyrights, trademarks and ownership claimed by the client. Client agrees to indemnify, hold harmless and defend Dream Echo Designs and its employees from any and all libel and copyright and permission infringement action resulting from materials client provides. The book material client provides must not be a public domain work (unless client is the original author).
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CONFIDENTIALITY
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2. All client information and materials are considered confidential and only for use By Dream Echo Designs, to provide a quote or complete a project. Client information and project materials will not be given out or shared with any third party, unless otherwise requested by the client.
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3. Dream Echo Designs retains the right to use client’s name and book title on Dream Echo Design's website and to market and promote our services.
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OWNERSHIP RIGHTS
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4. Upon receipt of full payment, Dream Echo Designs. grants the client a non-exclusive license to use the final cover design artwork (PDF, JPEG or other publishing-ready format) for his/her book and/or e-book cover.
- Upon request and payment, Dream Echo Designs can provide services for using the book cover art for the following promotional materials:
~ Posters, flyers, social media graphics, bookmarks, stickers, website banners, email and newsletter visuals.
~ The Client is permitted to use the book cover, as is. not modified, without further payment after original project payment, to promote.
~ For translations and audiobook versions, a separate commercial license must be obtained from Dream Echo Designs.
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5. The client understands that he/she has no right to alter or modify the final cover design in any way without the designers' written consent. If the client desires any alterations, he/she will consult Dream Echo Designs. The client understands that additional payments may be required to make these alterations.
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6. The client agrees to abide by the terms of any license agreement for any images purchased by, Dream Echo Designs, through a third-party image provider for use in client’s book cover design. The cost of cover design includes the license to use these images and is limited to a print run of 250,000 units. For books with a print run over 250,000, additional licensing fees may apply. Images used for client’s cover are royalty-free; either through a purchased copyright license or under a Creative Commons License; however, the photographer owns the copyright to those photographs and they cannot be distributed in any manner other than in the book cover design.
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7. Dream Echo Designs retains the right to use client’s final book cover design, name, and book title in Dream Echo Design's portfolio and to market and promote our services. Dream Echo Designs retains copyright and ownership of all design and draft materials.
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8. If the client supplies Dream Echo Designs 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. Dream Echo Designs reserves the right to request a copy of secured rights. Should any intellectual property dispute arise involving materials the client provides, the client assumes full legal and financial responsibility.
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9. Access to the PSD is not granted with payment for design work. Dream Echo Designs does not have to send this with final files and does not have to transfer any copyright over to the author - during or after the design process.
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USAGE RIGHTS:
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The Client does not own the copyright to the artwork; they are granted usage as specified above.
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AI USAGE:
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Dream Echo Designs doesn't use AI imagery. While mistakes do happen, and trusted sites haven't been labelLing AI correctly, we are doing our due diligence to avoid it. If we happen to mistake an image that has been artificially made and use it within our design, we will make it right and alter the cover to remove it. Accidents are bound to happen, and we're only human, but we will make it right if it happens.
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ATTRIBUTION
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10. Dream Echo Designs requires cover design credit appear in client’s book (either on the back cover or on the copyright page) as such: “Cover Design by Dream Echo Designs”
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CLIENT RESPONSIBILITIES
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11. Client is fully responsible for proofing the book cover design provided by Dream Echo Designs. 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 Dream Echo 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.
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LIABILITY
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12. Dream Echo Designs 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 our services. Dream Echo Designs 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. The Client's use of, or reliance on, any information or materials Dream Echo Designs produces, amends, or designs is entirely at the Client's own risk, for which Dream Echo Designs shall not be liable.
13. The Client acknowledges that their approval of a design is final, and therefore take ownership of the work created between themselves and the Designer. After receipt of final files, the Client is liable to any additional charges for errors found or changes required.
14. Should Dream Echo Designs take longer to complete the project than originally indicated, i.e., due to a family emergency or act of nature, the Client will be contacted via email to agree upon a new project completion date. If a client seeks a different solution, we will discuss that.
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*Prices are subject to change as per the discretion of Dream Echo Designs.
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PAYMENT
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For Custom Bookings
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15. Client agrees to pay a non-refundable initial deposit of 50% of the total cost to place a booking. The deposit must be paid within 5 days of the sent invoice date. If not, your booking time will not be reserved and the Designer will not start to work on the project until the deposit is paid.
16. The final 50% will be required upon project completion. You will not receive your files until the final payment has been received.
The final payment is also final approval of the project, once the final amount has been paid, refunds are not possible.
17. Any additional work after the final files have been approved and delivered will be done at an additional price. Failure to comply with these terms, Dream Echo Designs retains the right to discontinue, withhold, or suspend services.
18. Final payments are due within 72hrs of the final cover file approval. If you miss the deadline, there is a $50 fee. If you let Dream Echo Designs know beforehand that you'll be late, there will be no fee.
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19. ADDITIONAL EXPENSE: Any additional expenses that may incur during the project, such as stock photography, fonts or other third-party services, will be paid up front and in full by the Client.
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-- Payments are made through PayPal via an invoice for custom book covers. Other methods of payment (Stripe, Wise, Wire Transfer etc) can be discussed if required by Client.
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For Premade Covers
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19. Pre-made sales are final. There aren't any refunds or exchanges done after the invoice is paid. Once the invoice is sent, you have 24hrs to pay. Failure to do so will put it back on the market. There's also a form to fill out. Once that's filled out with your information, it takes 2 - 3 days to complete all final files (depending on the amount of changes/alterations expected). Resale is not allowed.
Any alterations in pre made covers will have additional charges as per an hourly rate of $25/ hour of the designer.
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TIME FRAME
Initial drafts:
20. One cover draft for the beginning of the work would be sent to the client, keeping in mind the details they have requested in their design questionnaire. Afterwards, the respected changes can be done as per the cover package attained, and three more drafts will be sent out with those changes. For any additional drafts after those changes, additional charges will be incurred.
In case the client does not like the design, even after the changes done, the contract can be cancelled with a written notice , with the non-refundable booking deposit as fee, for the time allotted to that project. That will be non- refundable.
In this case, Dream Echo Designs is free to alter and use that particular design for their own business purposes and the Client agrees to destroy any drafts sent to them.
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If the Client requires the designer to go back to the drawing board from the very scratch, and/or provide two to three different cover designs at the very start for the same project, that will have additional fees and can be discussed.
Changes to drafts:
21. There is a capacity for at-least 3 changes to the Cover design after the initial drafts are sent to the client, and they are free of cost. For certain packages, different amounts of revisions are offered.
Time Frames for Deadlines:
22. Book your covers at a considerable time well ahead of any deadlines you wish to meet. Any changes afterwards would be accommodated at an additional length of time on our part. Dream Echo Designs doos not take any responsibility for any delays owing to miscommunication on the client’s part.
CANCELLATION POLICY
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23. The client or Dream Echo Designs may cancel agreements at any time by providing written notice to the other party. If either client or Dream Echo Designs cancels a project before work has started, neither the client nor Dream Echo Designs is under further obligation to the other, and agreements will be considered cancelled.
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24. If the client should stop or cancel a book cover design job once it has started, the client agrees to forfeit the initial 50% of the project total sum. This is to cover resources and time taken during the project up to the point of cancellation. The client will have no rights to any mockups sent to the client and agrees to destroy them.
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25. The Client acknowledges the deposit is non-refundable and non-transferrable.
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CODE OF FAIR PRACTICE
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26. Dream Echo Designs acknowledges that to the best of their knowledge, the work prepared is an original creation and has not been previously published, and/or consent to use has been obtained. The work prepared contains no scandalous, libelous, or unlawful matter. The Client and/or others may not use Dream Echo Designs' products in any way that may infringe upon the rights of others.
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COMPLETE AGREEMENT
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27. This agreement is the entire agreement of all parties. No additional promises or conditions, written or oral, apply to this agreement that are not included herein.
28.. It is the client’s responsibility to read the terms and conditions listed out by the Dream Echo Designs.
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29. By paying the invoice sent by Dream Echo Designs, you are agreeing to these terms outlined. It is also stated on the form filled in that you have to agree to these terms and by selecting yes, you have therefore agreed to Dream Echo Designs terms and conditions.