EDITING TERMS
1. Editing Time Frame
1.1. The Editor and Client will agree upon a time frame. The Editor agrees to return the edited manuscript within 15 business days unless otherwise arranged with the client.
1.2. Exceptions may occur. If, within the first three chapters, the Editor determines that themanuscript calls for significantly heavy editing, the Editor reserves the right to return the manuscript to the client for initial revision. In such cases, a reasonable time frame will be agreed upon between the Editor and the Client.
1.3. The Editor and the Client may agree upon a shorter time frame for an additional fee.
2. Compensation
2.1. The Editor will give the Client a quote based upon the length of the manuscript and the depth of editing the manuscript will require.
2.2. Once the Editor and Client have agreed upon the service to be rendered, the price of the service, and the time frame the service will be completed in, a $50 deposit shall be delivered to the Editor to hold their place in the schedule.
2.3. At the time of the editing services, the Client shall pay half of the cost. Editing services will not commence until the first half payment is made.
2.4. Once the Editor has finished editing the manuscript, the Editor will notify the Client. When full payment has been made, the Editor will return the edited manuscript to the author within two (2) business days. The Client shall take no longer than ten (10) business days to make full payment.
2.5. The Editor and the Client may agree upon different payment arrangements.
3. Service Terms
3.1. With respect to the editing assignment, the Editor agrees to perform editing services in areasonable and skilled manner and return the edited Work within the time agreed upon.
3.2. The Editor retains the right to discontinue editing services at any time during the editing process. In such cases the Editor will inform the Client as to the reasons. The Client will not be charged the full price of the editing services. In such cases, if fifty (50) pages or more have been edited and returned to the Client, the Editor will retain the $50 deposit fee. If fifty (50) pages or less have been edited and returned to the Client, the $50 deposit may be refunded in full or part.
3.3. Any changes or special arrangements to these terms must be made clear before sending the deposit and manuscript.
GRAPHIC DESIGN TERMS
1. Time Frame
1.1. The Designer and Client will agree upon a time frame. The Editor agrees to return the contracted designs within 15 business days unless otherwise arranged with the client. There may be delays based on response time of client, request made by the client, hiring out of illustrators, etc. This will be communicated to the client ahead of time.
2. Client Approval and Revisions.
2.1 Client must approve all materials before project finalization. Any revisions beyond reasonable expectations shall be chargeable at a rate of $25/hour.
3. Compensation
2.1. The Designer will give the Client a quote based upon the project type. Please see website for base rates.
2.2. Once the Designer and Client have agreed upon the service to be rendered, the price of the service, and the time frame the service will be completed in, a $50 deposit shall be delivered to the Designer to hold their place in the schedule. A smaller deposit may be delivered based on project type and with the approval of the designer.
2.3. At the time of the services, the Client shall pay half of the cost. Design services will not commence until the first half payment is made.
2.4. Once the Designer has completed the project, the Designer will notify the Client. When full payment has been made, the Editor will return the project to the client within two (2) business days. The Client shall take no longer than ten (10) business days to make full payment.
2.5. The Editor and the Client may agree upon different payment arrangements.
3. Confidentiality.
3.1 During the course of this Agreement, it may be necessary for Client to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to Designer in order for Designer to complete the Graphic Design services and Deliverables in their final form. Designer will not share any of this proprietary information at any time. Designer also will not use any of this proprietary information for his/her personal benefit at any time. This section remains in full force and effect even after termination of the Agreement by its natural termination or the early termination by either party.
4. Termination.
4.1 This Agreement shall automatically terminate upon Client’s acceptance of the deliverables. This Agreement may otherwise be terminated at any time by either Party upon written notice to the other party. Client will be responsible for all costs and expenses incurred prior to the date of termination.
5. Ownership Rights.
5.1 Client continues to own any and all proprietary information it shares with Designer during the term of this Agreement for the purposes of the Agreement. Designer has no rights to this proprietary information and may not use it except to complete the Graphic Design services. Upon completion of the Agreement, Client will own the final Graphic Design Deliverables.
While Designer will customize Client’s Graphic Design Deliverables to Client’s specifications, Client recognizes that Graphic Designs generally can have a common structure and basis. Designer continues to own any and all template designs it may have created prior to this Agreement. Designer will further own any template designs it may create as a result of this Agreement.
The Designer may use, in agreement with the Client, the final product for display and advertisement purposes.
6. License Limits
6.1 In the case of ebook and paperback covers, the current agreement covers 500,000 copies sold. If the number of copies is likely to exceed that, the client must contact the designer to purchase an extended license.
7. Representations and Warranties.
7.1 Designer. Designer represents and warrants that he/she has the right to enter into and perform this Agreement. Designer further represents and warrants that he/she has the right to utilize and distribute the designs created for Client and that such designs are not owned by anyone else to Designer’s knowledge. In the event that Designer does not have these rights, Designer will repay any associated damages Client may experience or will take responsibility so that Client does not experience any damages.
7.2 Client. Client represents and warrants that is has the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and the like that it may provide to Designer to be included in this project. In the event that Client does not have these rights, Client will repay any associated damages Designer may experience or will take responsibility so that Designer does not experience any damages.
- Disclaimer of Warranties. Designer shall complete Graphic Design services for Client’s purposes and to Client’s specifications. DESIGNER DOES NOT REPRESENT OR WARRANT THAT SUCH DELIVERABLES WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. DESIGNER HAS NO RESPONSIBILITY TO CLIENT IF THE DELIVERABLES DO NOT LEAD TO CLIENT’S DESIRED RESULT(S).
- Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABILE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY.
- Severability. In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.
- Legal Fees. In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
- Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Agreement.
- Governing Law and Jurisdiction. The Parties agree that this Agreement shall be governed by the State and/or Country in which both Parties do business. In the event that the Parties do business in different States and/or Countries, this Agreement shall be governed by Wyoming law.
- Entire Agreement. The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.