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 Blue Gator Inc. 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).
2. All client information and materials are considered confidential and only for use by Blue Gator 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. Blue Gator’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 the number of interior pages and name of the printer (CreateSpace, IngramSpark, Lulu, etc.). Please note: because of differences between paper stock, the book’s spine will differ from printer to printer, which means you cannot create one file and use them interchangeably between printers. A different version must created for each printer at a charge of $90/file.
- A print-ready PDF of the cover to send to your printer
- A lower-resolution jpeg file formatted for use as an eBook cover
- An ISBN bar code created and placed on the back cover if needed. Client must supply us with the number.
- Purchase of royalty-free stock image(s) for use in the book cover design. (If client has specific image requests, additional charges may apply.)
- Digital delivery of the cover files
4. Blue Gator’s fee for design of an eBook cover includes the following:
- A JPEG file formatted for use as an eBook cover
- Purchase of stock image(s) for use in the book cover design. (If client has specific image requests, additional charges may apply.)
- Digital delivery of the cover file
The book and eBook 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.
5. When providing proofreading services, the editor will correct punctuation, grammar, spelling, usage, typos, and capitalization. Proofreading does not include fact checking or any other services not specified in this agreement.
6. Word count is determined by Microsoft Word’s “word count” feature and is based on the length of the manuscript before editing begins.
7. When providing copyediting services, the editor will make suggestions aimed at improving the plot and character development, pointing out inconsistencies, timeline flaws, etc. After you have made the suggested edits, you will return the revised manuscript to us, then an editor will proofread it to correct punctuation, grammar, spelling, usage, typos and capitalization. The editor may also note problems with clarity, consistency and word choice. Copyediting does not include fact checking or any other services not specified in this agreement.
9. The editor will make corrections using Microsoft Word Track Changes and return the edited file electronically to the client upon receipt of final payment. Client is responsible for accepting or rejecting the changes once copyediting is complete.
10. All documents are edited to a high standard. Editors provide the best possible service to the best of their ability and cannot guarantee that the written documents are “perfect” or “without error.” Blue Gator provides no guarantee that the client’s work will be completely error-free. Blue Gator will correct any errors in interior pages free of charge (if we laid out the interior pages initially), however, Blue Gator is not responsible for other charges related to errors, such as, but not limited to, reprints or printer revision costs.
11. Blue Gator retains the right to use client’s name and book title on Blue Gator’s website and to market and promote our services.
12. Upon receipt of full payment, Blue Gator 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.
13. 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 Blue Gator. The client understands that additional payments may be required to make these alterations.
14. The client agrees to abide by the terms of any license agreement for any images purchased by Blue Gator 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; however, according to the license agreement, the images cannot be distributed in any manner other than in the book cover design.
15. Blue Gator retains the right to use client’s final book cover design, name, and book title in Blue Gator’s portfolio and to market and promote our services. Blue Gator retains copyright and ownership of all design, proof and draft materials.
16. If the client supplies Blue Gator 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.
17. Blue Gator requires cover design credit appear in client’s book (either on the back cover or on the copyright page) as such: “Cover design by BlueGator.com.”
18. Client is fully responsible for proofing the book cover design provided by Blue Gator. 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 Blue Gator 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.
19. Blue Gator 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. Blue Gator 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.
20. 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 editing. Blue Gator 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. Blue Gator 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.
21. The client or Blue Gator may cancel this agreement at any time by providing written notice to the other party. If either client or Blue Gator cancels a project before work has started, neither the client nor Blue Gator is under further obligation to the other, and this contract will be considered cancelled.
22. 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/proofs sent to the client and agrees to destroy them. If the client should stop or cancel an editing job once it has started, the client will pay for the work completed through the date of cancellation.
23. 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
24. 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.
25. The finding of any provision of this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.