Applicability of Agreements

You (‘The Client’) accept to be bound by this contract by purchasing an item and/or by clicking on 'Submit' or 'I Agree'. After said action, a legally binding agreement on these Terms and Conditions is concluded between, (a) You (‘The Client’) and (b) Us (‘DiFusion Designs’).

General

All pre-made covers are sold as seen (except agreed modifications outlined below) and will only be sold once.

•           Agreed Modifications: Author Name & Title (unless The Client wants to keep the title).

•           Other Modifications, subject to further agreement: Typography etc. on a case-by-case basis. Depending on the level of the changes, these might incur additional fees.

Ownership Rights

Upon approval of the final design, after the final and complete payment had been made, DiFusion Designs will provide The Client with high-quality images of the items purchased and grants The Client the right to use the final cover design artwork (JPG, PDF, or any other provided format) for her/his book and/or e-book cover and associated promotional materials.

The Client understands that they have no right to alter the final cover design or have another person/designer alter any of the provided work/graphics/cover art in any way. The Client may, however, use crops of the finalized ebook cover, once final payment is made, for any promotional materials associated with the book or series the ebook was contracted for. If The Client needs any alterations, they will consult DiFusion Designs. The Client understands that additional payments may be required to make these alterations.

Final rights of the working/editable file(s) are still solely owned by DiFusion Designs and cannot be licensed, sold, or given to any third parties. DiFusion Designs will not provide any PSD files.

Refunds and Payments Plans

All premade book cover designs are final sale and will not be refunded once sold. DiFusion Designs does not offer any payment plans currently.

Attribution

DiFusion Designs requires credit to appear in client’s book in front matter or back matter.

i.e.: Cover Designed by DiFusion Designs

Resale

None of DiFusion Designs custom or premade work may be resold by a third-party supplier or author.

Confidentiality

All client information and materials are considered confidential and will only be used for work-related purposes by DiFusion Designs to provide agreed upon services. No information will be shared with any third parties.

Image Usage

The Client agrees to abide by the terms and services and licensing agreement/attribution requirements of all stock photography DiFusion Designs purchases for the project. Licensing does not allow DiFusion Designs to provide The Client with the unedited purchased images. If The Client requires additional usage of the images for the book cover, it is their sole responsibility to inform DiFusion Designs to purchase additional usage licensing. Fees will apply.

The Client acknowledges that they have obtained all rights and permissions to publish materials to be used in the projects and shall be responsible for any provided materials and their licensing rights. This includes copyrights, trademarks, and ownership of any visuals. DiFusion Designs will not be held responsible for licensing of any of the visuals, etc. provided by The Client.

The Client understands that DiFusion Designs will not work with any public domain materials unless they are the original work of The Client. If exceptions are made (The Client hires an illustrator, The Client obtains artwork from friend or family), The Client take sole and complete responsibility for any copyright or permission infringement resulting from provided materials.

Contract applies to all materials, print or digital, that are created by DiFusion Designs associated with the ebook cover(s), i.e. promotional graphics, paperbacks, etc.

Liability

DiFusion Designs is not liable for incidental, punitive, indirect, consequential, or exemplary damages of any kind. This includes loss of projects/revenues, loss of business/reputation. DiFusion Designs is not responsible for any claim, loss, or injury based on errors or any other inaccuracies in clients’ documents, written work, or on DiFusion Designs’ website, including without limitation as a result of any breach of the terms and conditions of the agreement.

Modification of Agreement

The Client agrees that this agreement of terms and conditions may not be altered in any way. Any alternations are invalid.

Company Rights

The current Terms and Conditions listed on DiFusion Designs’ website or on this contract supersede any previous Terms and Conditions distributed in any form. DiFusion Designs also reserves the right to change any rates and any of the Terms and Conditions at any time without prior notice. DiFusion Designs can refuse to work with any client or refuse any project at any time. If DiFusion Designs feels a project with a client is not working or will not result in good work, DiFusion Designs may terminate that project and refund any payments made to date, if we see fit.

Force Majeure

Neither The Client nor DiFusion Designs shall be liable for failure to perform our part of the contract, if the failure is due to force majeure events (including fire, flood, earthquake, storm, hurricane, natural disaster, war, civil war, invasion, act of foreign enemies, hostilities, rebellion, terrorist activity, government sanction, change of law, strike, lockout, industrial action, embargo, sabotage, interruption or failure of electricity service, interruption or failure of transport networks or other public utilities, interruption or failure of Internet or another communication service).

Application

If any digital or printed materials are created by DiFusion Designs associated with the ebook cover(s) (i.e. paperback covers, promotional banners, audiobook covers, etc.), this contract is applicable to them as well.