TERM OR DURATION
1. The services of Maria Spada will be considered engaged by the client upon confirmation of receipt of the payment from the client one-half (1/2) of the fees (down payment). Upon receipt of the down payment, samples of the requested work will be submitted to the client within four (4) to six (6) calendar days. After submission of the samples to the client, the client is allowed to request for reasonable changes or amendments thereto which will then be implemented within a reasonable period of time. The agreement between Maria Spada and the client vis-à-vis the work will remain in force and effect until the client approves the final book cover design and pays the balance of the fees. Upon turnover of the book cover design, the client is not allowed to make changes thereto except for its size. If the client desires to make changes subsequent to the turnover of the book cover design, the same shall be done by Maria Spada subject to additional fees.
INTELLECTUAL PROPERTY RIGHTS
2. Maria Spada guarantees rights to use the images used in the book cover designs. The book cover designs will be exclusively owned by the client upon turnover. If the client, however, requests to provide their own image, fonts, and other intellectual property to be used in the book cover designs, the client guarantees the right to use the same without violating any intellectual property rights of third parties and Maria Spada has no liability in relation thereto whatsoever.
2.1. The client shall use the purchased work or design for the work or purpose it was intended for and for promotional purposes, i.e. advertisement and promotion. Maria Spada shall be credited for the book cover design in all its uses by the client.
2.2. The client shall be bound by the terms of any license agreement for image(s) used by Maria Spada from a third-party source used in the book cover design, i.e. Shutterstock. The standard license is limited to print up to 500,000 copies. If the client requires more than 500,000 copies, additional licensing fees shall apply. The copyright of the photograph(s)/image(s) used in the book cover design belongs to the photographer and cannot be distributed in any manner other than in the book cover design.
2.3. Maria Spada shall retain rights to to use the client’s final book cover design name, and book title for its portfolio, marketing and promotion. Maria Spada, likewise, shall retain copyright and ownership of all design and draft materials.
3. The following services are provided:
E-Book Cover Design E-Book Cover Design + Print
Ads/Promo Banners Audiobook (Cover)
Bookmark (Front & Back) Box Set (Mockup)
Full Print (Spine & Back) Postcard (Front & Back)
Other services to be announced soon
• The foregoing services are charged separately and their respective prices can be found in the website.
4. The prices for the services offered are reflected in the website of Maria Spada, www.mariaspada. com. Any deviation to the prices shall be subject to a separate agreement between the client and Maria Spada.
5. Maria Spada reserves the right to amend the price of the service prior to the confirmation of the client for the engagement of the service for reasons of inflation of prices and materials relating to the service, and for increased technicality or difficulty in the work requested, or for such other grounds that are reasonable and acceptable to the client.
6. Commission Work
The client agrees to pay one-half of the fees (down payment) upon engagement of the book cover design service. The balance of the fees shall be paid upon approval of the final book cover design. Maria Spada reserves the right to withhold the release of the completed files to the client or other parties for failure of the client to pay the balance. Maria Spada, likewise, reserves the right to withhold, discontinue or suspend work for violation of the client of any of the payment terms provided herein.
The client shall have full ownership and rights over the pre-made covers purchased upon fullpayment of the price.
7. Maria Spada or the client may cancel the work contracted by serving written notice to the other party stating the reason(s) for the cancellation. If no work was rendered prior to the cancellation, parties shall have no further obligation to the other.
If work was already rendered and the client cancels the contract, Maria Spada is entitled to onehalf of the fees under the contract as compensations for time and resources spent and the client shall have no rights to the draft or samples.
8. Any and all information owned by the client and are given to Maria Spada in relation to the work to be rendered shall be considered confidential and shall be used only for purposes necessary and incidental to carrying out the project. Sharing the said information to third parties is not allowed, unless allowed by the client.
9. Maria Spada is not liable for the contents of the material or works provided by the client. Any and all cases for copyright infringement and action resulting from materials pertaining to the client shall render Maria Spada without liability and, if adjudge liability, shall be entitled to indemnity from the client.
9.1. Maria Spada is not liable neither to damages for loss of revenue or profits on the part of the client, nor to its loss of reputation or damage to goodwill, for incidents relating to the services rendered.
MODIFICATION TO THE AGREEMENT
10. The Terms and Conditions set forth herein represent the full and complete agreement of the parties. Any changes thereto shall only be allowed upon a separate written agreement between the parties.
11. In the event that any of the provision(s) in this Agreement become unenforceable due the national laws of the respective countries of the parties or international treaties.