Duncan Street Press

S. Duncan St. 

Baltimore MD

amandapurol@gmail.com

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© Duncan Street Press LLC, 2019

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Duncan Street Press LLC

Terms of Service

PUBLISHING RIGHTS

 

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 Duncan Street Press LLC 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).

 

CONFIDENTIALITY

 

2. All client information and materials are considered confidential and only for use by Duncan Street Press LLC 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. 

 

COVER DESIGN SERVICES

 

3. Duncan Street Press LLC’s fee for design of a print book cover includes the following:

 

- A complete paperback book cover design and layout of the front, back and spine set to client’s printer specifications. Client must supply or direct Duncan Street Press LLC to printer’s template with specifications or written specs.
- A high-resolution, print-ready PDF of the cover to send to client’s printer.
- A lower-resolution jpeg file formatted for use as an e-book cover.
- Purchases of stock images for use in the book cover design. (If client has specific image requests, additional charges may apply.)
- Digital delivery of the included cover files.

4. Duncan Street Press LLC’s fee for design of an e-book cover includes the following:

 

- A lower-resolution jpeg file formatted for use as an e-book cover.
- Purchases of stock images for use in the book cover design. (If client has specific image requests, additional charges may apply.)
- Digital delivery of the included cover files.

 

The book cover design service does not include original artwork or illustrations, copywriting or text editing services, or anything else not specified in the included list above.

 

THE PARTIES

 

5. In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the Parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.
 

The terms of this agreement shall be interpreted according to the laws and legal jurisdiction of the State of Maryland, USA. 
The Artist and Client have executed this contract on the day and year below, to be effective immediately if the dates are the same, or on the date of the later signature if the dates are not the same.

 

OWNERSHIP RIGHTS

 

6. Upon receipt of full payment, Duncan Street Press LLC grants the client 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 and associated promotional materials.

 

7. The client understands that he/she has no right to alter the final cover design in any way except to change size for printing or digital display. If the client desires any alterations, he/she will consult Duncan Street Press LLC. The client understands that additional payments may be required to make these alterations.

 

8. The client agrees to abide by the terms of any license agreement for any images purchased by Duncan Street Press LLC 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 500,000 units. For books with a print run over 500,000, additional licensing fees may apply. Images used for client’s cover are royalty-free; however, the photographer owns the copyright to those photographs and they cannot be distributed in any manner other than in the book cover design. 

Should the print run of the book exceed 500,000 copies, it is the responsibility of the client to contact Duncan Street Press LLC in order to purchase an expanded, unlimited, license. In the event that the expanded license becomes necessary, additional fees will apply. 

 

9. Duncan Street Press LLC retains the right to use client’s final book cover design, name, and book title in Duncan Street Press’s portfolio and to market and promote our services. Duncan Street Press LLC retains copyright and ownership of all design and draft materials.

 

10. If the client supplies Duncan Street Press LLC 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. Should any intellectual property dispute arise involving materials the client provides, the client assumes full legal and financial responsibility.

 

ATTRIBUTION

 

11. Duncan Street Press LLC requires cover design credit appear in client’s book (either on the back cover or on the copyright page) as such: “Cover design by A.L. Purol of Duncan Street Press.”

 

CLIENT RESPONSIBILITIES

 

12. Client is fully responsible for proofing the book cover design provided by Duncan Street Press LLC. 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 Duncan Street Press LLC 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.

 

LIABILITY

 

13. Duncan Street Press LLC 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. Duncan Street Press LLC 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.

 

PAYMENT OF CUSTOM WORK

 

14. For custom design, client agrees to pay an initial deposit of half the total cost before work will begin on the project. The remaining balance is due upon approval of final book cover design or completion of manuscript formatting. Duncan Street Press LLC will not release finished files to the client or other parties until final payment has been received. The final payment is also final approval of the project, and this contract will be considered fulfilled and thus, terminated. Duncan Street Press LLC retains the right to discontinue, withhold, or suspend services for any account should payments not be paid for a contracted job in the order specified in this agreement.

 

CANCELLATION POLICY

 

15. The client or Duncan Street Press LLC may cancel this agreement at any time by providing written notice to the other party. If either client or Duncan Street Press LLC cancels a project before work has started, neither the client nor Duncan Street Press LLC is under further obligation to the other, and this contract will be considered cancelled.
 

16. If the client should stop or cancel a book cover design job once it has started, the client agrees to forfeit 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. If the client should stop or cancel a formatting job once it has started, the client will pay for the work completed through the date of cancellation. 

 

COMPLETE AGREEMENT

 

17. 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.

 

MODIFICATION OF AGREEMENT

 

18. Modification of any provisions of this agreement is not valid and enforceable unless confirmed in writing and signed by all parties either in hardcopy or by e‐signature.

 

SEVERABILITY

 

19. The finding of any provision of this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.

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