COMPLETE COVER DESIGN TERMS AND CONDITIONS
This agreement is made between Hillcrest Media Group, Inc. (“Hillcrest”) and the copyright holder of said book, assignee thereof, or anyone authorized to execute this Agreement ("Customer").
These terms and conditions incorporate the General Terms and Conditions for Additional Services offered by Hillcrest Media Group.
1. SERVICES INCLUDED IN COMPLETE COVER DESIGN
- Creation of two (2) original book front cover concepts
- Five (5) rounds of revisions to chosen cover conept
- Creation of a book spine and back cover
- One (1) round of revisions to full cover file
- Incorporation of ISBN, Retail Price, and Bar Code, where applicable
2. TERM AND TERMINATION
a. Termination by Customer
Customer may terminate this Agreement at any time and for any reason by providing written notice via email, fax, or certified mail. If Customer terminates the cover design process prior to submitting the cover design questionnaire in the Customer Center a refund of $500. However, if the Customer terminates the process after the cover design questionnaire no refund will be issued to the customer.
All refunds will be made by Hillcrest within thirty (30) business days after the notice of termination has been provided by Customer. Hillcrest has ten (10) business days to send all intellectual property to Customer upon Customer’s request.
Termination of any other services provided by Hillcrest are set forth in the terms and conditions for those services under a separate agreement.
b. Termination by Publisher
Hillcrest may terminate this Agreement without cause, upon written notice to Customer if, in Hillcrest’s judgement, the Book may subject Hillcrest to the risk of litigation or other adverse commercial consequences. In no event will Hillcrest be obligated to design a book of any kind, including but not limited to those which, in its opinion, violate the common law or statutory copyright, or the right of privacy of any person, or contain libelous or obscene material. Further, if Hillcrest deems the content of the Book to promote hate, violence, or illegal activities, Hillcrest can terminate the Agreement and will immediately refund all monies paid by Customer for services not yet commenced.
Hillcrest may terminate this Agreement if Customer owes Hillcrest any monies for additional services, distribution fees, or any other service (e.g., returns, cover revision fees, interior revision fees, etc.) and has not paid Hillcrest within ten (10) business days of receiving an invoice from Hillcrest either through the mail or via email.
c. Term
The Complete Cover Design term will last for six (6) months from the date of last activity. If the Customer does not have any activity for six (6) months, Customer will pay a re-activation fee of $50.00 to have Hillcrest re-convene work on their Complete cover Design. "Activity" is defined as the Customer ordering the Complete Cover Design service and the Customer completing a step within the Customer Center.
d. Return of Customer's Intellectual Property
Within ten (10) business days of termination of this Agreement by either party, Hillcrest shall return all of Customer’s Intellectual Property created by Hillcrest. All Intellectual Property will be sent electronically.
3. Front Cover Design Timeline and Implementatiom
Once Customer logs in to the Customer Center and completes the book cover design questionnaire and uploads any images for the front cover, Hillcrest shall assign a book cover designer who will create two (2) original book cover concepts within seven to ten (7-10) business days. Upon upload, Hillcrest reviews cover design concepts to ensure that they adhere to industry standards and comply with Customer’s requests (per the cover design questionnaire). If Hillcrest approves the cover concepts, they will be sent to Customer for review. If Hillcrest rejects the cover concepts (i.e., concepts fail moderation), Hillcrest will notify Customer. Customer acknowledges that, should the cover concepts fail moderation, Hillcrest has two (2) additional business days to upload the revised concepts.
Customer may include photos and other images for use in Customer’s book cover design. If Customer has any photos or artwork to be used on the cover, Customer warrants that he/she has the unequivocal right, title, and interest in said photos or artwork to place said photos/artwork on the Book's cover. If Customer doesn’t provide photo(s)/image(s), Hillcrest’s cover designers, in order to create the most compelling cover concepts, may select a photo/image that requires a one-time licensing fee for unlimited and continuous use by Customer. Most unlimited licensing fees are $50.00, some may be slightly higher. If Customer declines to pay the licensing fee, the designer will create another cover concept that does not contain photos/images that require a licensing fee.
Customer is responsible for selecting a trim size, cover finish, and interior paper type available to them.
Once the two book cover concepts are completed, they will be provided to Customer through the Customer Center for Customer’s review. Customer acknowledges that the cover design process cannot proceed until such time as Customer approves one concept. Once Customer selects one of the cover concepts, Customer shall have the opportunity to make suggested revisions to the cover. Customer acknowledges that he/she must submit all revisions through the Customer Center in the format specified therein. This serviceincludes up to five (5) rounds of revisions. Each round of revisions consists of five (5) changes. Each round of revisions may take up to five to seven (5-7) business days.
If Customer wishes to change the cover from paperback to hardcover (or vice versa) after Customer has submitted the cover design questionnaire, but before Customer has approved the full cover, Customer must notify Hillcrest in writing and pay a fee of $50.00 (fifty dollars). If Customer wishes to change the trim size after submitting the cover design questionnaire, but before the approval of the full cover, Customer must notify Hillcrest in writing and agree to pay a fee of $50.00.
Hillcrest uses its best efforts to create a professional book cover based on Customer’s answers to the book cover design questionnaire. If Customer does not like either cover concept, Customer, at his/her expense, may hire his/her own cover designer or pay Hillcrest an additional $100.00 (one hundred dollars) for one (1) additional cover concept by a different designer. Customer acknowledges that Hillcrest can make no guarantees that he/she will like the cover concepts presented.
After Customer approves the final front cover design, and/or after the fifth round of revisions to the chosen cover concept, any future changes to the cover design will be billed per round. Each additional round of revisions includes five (5) changes, and costs $100.00 (one hundred dollars). Additional rounds of revisions can take five to seven (5-7) business days per round. If Customer wishes to make more extensive changes to the cover (e.g., change images, colors, make editorial changes to the text, etc.) Customer acknowledges that the fee is $50.00 (fifty dollars) per hour, with a minimum $50.00 fee.
4. Back Cover Design Timeline and Implementation
The cover designer will also lay out the full cover for Customer’s Book, including the spine and the back cover (the content and any photos of Customer for the back cover will be provided by Customer). Customer acknowledges that the final layout of the full book cover (front cover, back cover, and spine) cannot be completed until the final interior book layout has been provided by the Customer and, if Customer is not printing with Hillcrest Media, Customer has provided the file specifications of their future printer. Customer must provide the back cover copy and any images for the back cover via the Customer Center, and acknowledges that Hillcrest cannot proceed until the cover design questionnaire, copy, and any images have been submitted to Hillcrest per the Customer Center. Customer acknowledges that all content will placed on the back cover exactly as provided by Customer.
Once Customer approves the final front cover and Hillcrest receives all materials from Customer, Hillcrest will upload a full cover for Customer’s review in five to seven (5-7) business days. Upon upload, Hillcrest reviews the full cover design to ensure that it adheres to industry standards, corresponds to information provided by Customer, and to check the content for typos. If Hillcrest approves the full cover, it will be sent to Customer for review. If Hillcrest rejects the full cover (i.e., it fails moderation), Hillcrest will notify Customer. Customer acknowledges that, should the full cover fail moderation, Hillcrest has two (2) additional business days to upload the revised cover.
Customer may choose to purchase an ISBN for Customer’s Book. Customer acknowledges that, if he/she is providing ISBN(s), this information must be communicated through the Customer Center. Further, Customer acknowledges that, Customer must also provide Hillcrest with the name of the publishing company associated with Customer’s ISBN(s) and the publishign company's logo where applicable. Should Customer provide both an ISBN and a final retail price via the Custoemr Center, the full cover design will come with a Bar Code.
Customer acknowledges that one (1) round of revisions is included in this service. The included round of revisions includes up to five (5) minor changes (i.e., correction of typos, modification of the font size). Hillcrest will upload a revised cover within five to seven (5-7) business days from the date that Customer submits his/her revisions through the Customer Center. If Customer wishes to purchase an additional round of revisions to the full cover, each additional round consists of five (5) minor changes, and costs $100.00 (one hundred dollars). If Customer wishes to make more extensive changes to the back cover (e.g., change images, colors, make editorial changes to the text, etc.) Customer acknowledges that the fee is $50.00 (fifty dollars) per hour, with a minimum $50.00 fee.
Upon approval by Customer of the final cover design, Customer will be presented through the Customer center with the finished source files for the cover design.
5. Ownership of Book
Customer at all times retains 100 percent of all right, title, and interest in and to the book cover and its contents, including all copyrights, trademarks, derivative rights, and other intellectual property associated with the book cover.
At any time, Customer can demand copies of all Intellectual Property, which Hillcrest shall send within ten (10) business days so long as Customer has paid all outstanding monies owed to Hillcrest. All electronic files will be sent electronically, and any printed copies of Customer’s Book or other Intellectual Property in possession of Hillcrest will be sent to Customer within ten (10) business days (but Customer will be responsible to pay all shipping/postage charges).