TERMS & CONDITIONS
Terms and conditions outline the guidelines for using Melissa M.Doughty LLC - Melissa Doughty - Mel D. Designs services, including payment policies, design revisions, and copyright ownership. By working with Mel D.Designs, here forward referred to as Designer, you agree to these terms to ensure a smooth and professional experience. Agreement to these policies will be required. No project will begin without this acknowledgment.
Notes on photos and artwork: Images are licensed from stock sites. As a human artist, Melissa at Mel D. Designs is against the use of generative AI. All assets used are not known to be generative AI and tools are utilized to avoid AI assets. Premium photos and commissioned artwork potentially will incur an extra charge. It is the Client's responsibility to commission an artist or photographer. Licensed stock illustrated/vector images are not drawn by Melissa at Mel D. Designs but can be edited. Client provided photo/s or artwork will need written proof of license.
PRICES ARE IN USD.
DESIGNER RESPONSIBILITIES
The Designer will provided file/s based on KDP measurements unless otherwise requested in writing by the client. One printing company is included with each single and cover package. A fee may incur if additional printing companies are requested. The Designer will work collaboratively with the Client to create the design. The cover will be unique, however human error may occur. If elements are disputed post final approval by the client due to similarities to another author's cover, the Designer will amend at no cost to the Client. All custom single covers and packages include FOUR review rounds per book prior to final approval of the cover file. Each review round does not have a limit of change requests. If changes are requested post final approval or the FOUR rounds have been exhausted a fee will incur. Fees will start at $50 and be based on scope of work.
Premade book covers include TWO review rounds for font/word changes ONLY. If changes are requested after final approval or the TWO rounds have been exhausted a fee will incur. Fees will start at $50 and be based on scope of work. If the Client requests more than font changes on a premade cover, that cover then becomes a custom cover. Custom cover fees will then apply.
If a Client requests other marketing graphics they include TWO revision rounds. If changes are requested after final approval or the TWO rounds have been exhausted a fee will incur. Fees will start at $25 and be based on scope of work.
CLIENT RESPONSIBILITIES
The Client is responsible for validating proper rights, permissions, license, or other pertinent publishing information when images are provided to the designer. The Client must provide written consent from any external artist or photographer stating how the image/s may be used. The Client is responsible for proofing the design provided by the Designer. Because of this, the Designer will NOT be held financially or legally responsible for any problems or extra costs when using the design provided. The Client is responsible for providing the book’s trim size, final page count, print form, page type, and blurb to the Designer. The Client must also provide proper sizing requirements for each additional graphic item if the item is to be used outside of KDP. The Client has the right to review the design during all design stages, have final approval of the content, and offer any suggestions, concerns, or alterations.
PROJECT COMPLETION
The Designer requires at least two weeks to design an initial and or change a final approved concept. If the Client needs a rush order, final product delivered before two weeks, a fee of $75 will be required. The Designer will provide the final files no later than the agreed date. Unless the Designer makes adequate and or multiple attempts to communicate in writing with the client and the client is unresponsive. In this instance, the Designer will not be held liable in any way for the missed deadline. If the Designer experiences an unforeseeable event, which may include but is not limited to loss of life, disease, loss of a close family member, natural disasters, etc. The Designer or a representative of the Designer will communicate in writing to the client as soon as it is safe to do so. If the Designer fails to communicate or not provide the completed project within two weeks after the agreed deadline the Client may terminate the project in writing and receive a full refund. The Client agrees the Designer is not held responsible financially or otherwise after such termination.
CONFIDENTIALITY & DEFAMATION
All Client and Designer’s personal information is considered confidential. The Designer and or Client may mention working with one another by name on social media unless otherwise requested in writing. The Client and Designer agree that in no event, and at no time during the Term or at any time thereafter, shall either of them disparage, denigrate, slander, libel or otherwise defame the other or the other’s businesses, services, properties or assets, or any personnel, or representatives.
OWNERSHIP
Upon final payment to the Designer, the Designer grants the Client a Commercial Reproduction License to use the final full cover wrap design in the delivered state (PDF, JPEG, PNG or any other publishing format) ONLY. All other files, unless an Exclusive Image License has been purchased from the Designer, may only be used for digital promotional marketing in the delivered state (PDF, JPEG, PNG or any other publishing format) ONLY. The Client may not sell or alter the design in any form, use it other than previously stated, or pass along the design to another without explicit written permission from the Designer. The Client understands that they will make NO alterations to any design once the final files are submitted to the Client, this includes resizing for any format. If the Client wishes to have alterations made to the files the client must contact the Designer to have those changes made. There may be additional fees to complete any alterations. The Designer does not provide any source files otherwise known as PSD/AI/SVG files. If source files are requested they are assessed on a case by case basis and will incur fees. The Designer agrees that they are the sole creator/designer of the design and has obtained the proper license/rights to use all images. The list price of graphic design includes the Standard License for the images and is limited to a print run of 500,000 units. If Client needs exceed the 500,000 print run a fee will incur to obtain and Extended License. The Designer holds ownership of all design materials including any drafts, even if the Client pays time invested or a retainer deposit. If the Client wishes to use certain cover elements not included in an offered package or otherwise discussed with the Designer, written permissions must be obtained from the Designer and a fee may incur. If the Client wishes to work with another to complete a book series originally created by the Designer, written permission must be obtained from the Designer and is at the Designer's discretion. If a Client hires the Designer to complete a partially published book series where the use of published elements created by another will be used proper written permission will be required.
ATTRIBUTION/ACKNOWLEDGMENTS
The Client agrees to include the following on the book cover, copyright page, and/or in the acknowledgments of any digital or print book:
Cover Design by Melissa Doughty - Mel D. Designs
In the ebook melissadoughty.com may be added but is not required.
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The Client agrees to give Designer attribution in publicly released initial reveals.
PAYMENT
All prices are in USD. Accepted payments are credit/debit card or ACH transfer. The Designer uses Square to send electronic invoices and collect payments.
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For custom covers: A 50% NON-REFUNDABLE retainer deposit must be paid prior to work being started on the design. This retainer deposit is based on the final total price and is considered part of the total payment due. The final invoice will be sent out after the Client provides written approval of design. Unless at the 6-month mark, if the project is not yet final but work has been done, final payment will be required for the progress made. NO files will be delivered to the client before the final payment is received.
For premade covers: Payment will be expected in full up front and is non-refundable, exchangeable or transferable. At time of payment a date will be in writing for when the designer must provide the final cover to the Client. However, if a date is not yet known it is the client's responsibility to contact the designer at least two weeks prior to needing cover completion.
For other graphics: Payment will be expected in full up front unless bundled with a cover package.
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Images or fonts listed as premium or those that need to be specifically purchased from sites or artists may incur additional fees, which vary depending on the resource. The cost of any extras will be communicated in writing prior to use and will be the Client’s responsibility to purchase and show proofs. Proper communication will be made between Client and Designer about images and fonts used. The Designer will not use premium items without prior written consent from the Client.
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Payments are due to the Designer within 14 days of the invoice being sent. Unless, more than a 14 day written notification of invoice has been sent to the Client, in that instance the payment is due upon receipt. A reminder notification will automatically be sent to the Client from the payment portal the day before an invoice is due. A 5% late fee will be applied for each week payment it not remitted. An additional $100 will be charged after 90 days without payment.
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Payment plans can be arranged and are a case by case basis.
PUBLIC REVEAL OF COVERS, GRAPHICS, AND DRAFTS
The Designer is allowed to display the Client’s final cover in their website portfolio and on social media sites. The Designer will wait until after the Client has first revealed material. However, the Client has six months to reveal the cover and or graphics to the public. At that time if the Client has yet to share the designs the Designer has the right to add designs to their website portfolio and or publish on social media sites.
The Designer may use any discarded or rough draft designs with proper alterations in other designs or graphics.
CANCELLATION POLICY
Custom Covers/Graphics: The Client or the Designer may cancel BEFORE or AFTER the design process begins, and must communicate in writing. If work has not yet started no further Client payments are required. If work has started, proof will be provided to the Client and the final payment will be required. The Designer will exhaust all communication with the Client before initiating a cancellation. If the client does not answer the Designer’s contact for 30 days the project will proceed with cancellation and all necessary fees will be due upon receipt.
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Premade Covers: No cancellations, exchanges, or transfers. All premade purchases are paid in full upfront, must be paid in two weeks from invoice date, and are non-refundable.
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Termination for Ethical Breach: Client agrees to adhere to the ethical principles governing professional design practice, including those outlined by AIGA Code of Ethics. A violation of these ethical standards include but are not limited to promoting misinformation, illegal activities, or sharing harmful content. If there is an ethical breach it shall constitute an immediate material breach of this Agreement. Designer may, at their sole discretion, provide written notice of the breach, allowing Client 15 days to cure. Failure to cure within this period, or any egregious breach, grants Designer the right to immediately terminate services, with all payments for work completed due to or retained by Designer.
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Melissa M.Doughty LLC - Melissa Doughty - Mel D. Designs reserves the rights to modify prices and these terms and conditions at any time. please review them at the start of each project and or frequently on melissadoughty.com. Changes will take effect immediately upon posting.