Terms and conditions
last updated 01/03/2025
CONFIDENTIALITY
All Client information and materials are considered confidential and will only be used by Khaoten Author Services to provide a quote, or to complete a related project. Client and project information will not be shared with any third party unless otherwise requested by the Client.
Khaoten Author Services retains the right to use the Client’s name and book title on Khaoten Author Services' website and social media for marketing and promotional purposes when the Client is ready to reveal the final cover design.
PAYMENT
Prices are subject to change at any time and without warning. Price is only guaranteed upon receipt of the invoice.
Client agrees to pay a non-refundable 50% down payment before any work begins on a custom project/s and to secure their booking spot. The remaining balance is due upon approval of the final design.
Final unwatermarked files will only be delivered upon confirmation that the final payment has been received.
Khaoten Author Services will not release any files to the Client (or other parties) until final payment has been received.
The final payment is also the final approval of the project, and this contract will be considered fulfilled and thus, terminated.
Final settlement for the services rendered are due within seven days (unless otherwise discussed beforehand) after the payment invoice is sent to the Client. After one week, there would be an additional 5% liability per week on the part of the Client.
Khaoten Author Services 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.
All Khaoten Author Services payments should be made via PayPal, Payhip, Etsy, Yoco or Bank transfer (with Tymebank for RSA residents).
CANCELLATION AND REFUND POLICY
The Client or Khaoten Author Services may cancel agreements at any time by providing 24hr written notice to the other party. If either the Client or Khaoten Author Services cancels a project before work has started, neither the Client nor Khaoten Author Services is under further obligation to the other, and agreements will be considered cancelled. The Client understands that the deposit is non-refundable once the project has been booked.
If the Client should stop or cancel a design job once it has started, the Client agrees to forfeit the deposit. The Client will have no rights to any mockups, concepts, and any element sent to the Client and agrees to destroy them. In any situation, type, or form any draft material cannot be recreated by a third party especially not without the explicit written consent of Khaoten Author Services and doing so will be a breach of copyright.
Khaoten Author Services reserves the right to suspend/cancel any or all services or goods provided, if; The Client has long overdue outstanding invoices (without previous discussions or payments plans having been made), or the Client fails to comply with any provision of these terms and conditions or any other policy, directive, or requirement notified by Khaoten Author Services.
Khaoten Author Services reserves the right to suspend any project if a Client: is unable to move forward after being shown more than a reasonable number of ideas and concepts, and/or shows reluctance in paying the final payment.
Fair notice will be given with a fair chance to remedy the situation without resorting to project suspension or termination. Any suspension, or termination, will not result in any refunds and all designs and work thus developed remain the full ownership of Khaoten Author Services.
OWNERSHIP RIGHTS
Upon receipt of full payment, Khaoten Author Services grants the Client an exclusive licence to use the final design artwork (PDF, JPEG, MP4, MOV or other publishing-ready format) for its intended purpose (e/book cover, paper/hardback print wrap, trailer etc.) and associated promotional materials only.
The Client understands that they have no right to alter the final design in any way except to change the size for printing or digital display. If the Client desires any alterations, they will consult Khaoten Author Services. Any alterations made without my consent will be considered copyright Infringement. The Client understands that additional payments may be required to make these alterations.
The sale of the premade is only for what it is meant for. The design may not be used for any other purpose than sale/s of what the premade was purchased for (i.e. don't use the purchased premade as a print wrap when you only purchased the ebook package or use the design as a cover for a book or project you didn't purchase it for).
The Client may not use the image for paperback, hardback, dust-jacket, audio, merchandise or any other sales item without direct discussion with Khaoten Author Services.
The Client agrees to abide by the terms of any licence agreement for any images purchased by Khaoten Author Services through a third-party image provider for use in the Client’s book cover design.
Khaoten Author Services retains copyright and ownership of all designs, draft materials as well as concepts of all designs, including images, elements, placement of elements, fonts and layout. Khaoten Author Services does NOT allow the Client or any third party to recreate their designs in any capacity for any platform.
PREMADE DESIGNS
Final Payment is due within 48 hours of the invoice being sent, unless otherwise specified. Failure to do so will put the cover back on the market.
Premade sales are final. There are no refunds or exchanges once the invoice is paid. However, if you'd like to resell the premade, Khaoten Author Services’ explicit written permission is required.
Premade title, tagline (if applicable) and author name alterations are included in the purchase price. Major alteration to fonts or design, is subject for approval and will require an additional charge.
All sales are final and are non-refundable.
Payment is due up-front.
Premade book cover designs, and logos, and branding are exclusive one-time designs and only limited changes can be made.
Customized pemade designs would be delivered to the Client within 10 days after the purchase is made. If there is a delay, the Client will be notified. If you're not ready to start customising your purchased premade design, the design can be held on for you by Khaoten Author Services until you're ready to customise it. There is no deadline for when you can have your premade design customisated
RUSH ORDERS
In case of rush orders that are due within less than a week, Khaoten Author Services will try to accommodate the Client, if able. However, an additional fee of $30 / ZAR450 to the total cost will be charged. For those orders that allow a time period of more than two weeks, it would be free of extra cost.
Please try to book your service as soon as possible and well ahead of any scheduled deadlines. Each additional change will take extra time on Khaoten Author Services’ part to complete and delay the completion of the final artwork.
Khaoten Author Services is not responsible for missed deadlines on the Client’s end due to additional changes.
LEGAL/LICENSED STOCK USAGE
Stock Images used by Khaoten Author Services may be from, but not limited to, the following stock image sites:
- Freepik.com
- Envanto Elements
- Deposit Photos (Standard License)
- Shutterstock (Standard License)
- Adobe Stock (Standard License)
- Creative Fabrica (Commercial & Desktop Licences)
- Creative Market (Commercial & Desktop Licences)
The images/assets chosen will only be used for the project it has been purchased for.
Khaoten Author Services maintains full rights to the stock images/assets they've purchased in relation to your design (unless the Client provided their own licensed stock images/assets), Client maintains limited rights to use this photo for anything involving the Client’s book promotion, alone.
Other authors/designers may have the same or similar images/models and Khaoten Author Services can’t be held liable for other covers/etc that contain the same imagery.
Stock images/assets purchased by Khaoten Author Services may NOT be sold, reused, or used out of context aside from the specified book-related printing, reproductions, and otherwise. It may be used for any print promotion and online promotional use. It may not be used for sale items other than the eBook, and print book, unless otherwise specified.
If other sale items will be created from this photo, the Client will need to purchase the full rights to the image.
Photo may not be used on any other printed work by alternate designers unless otherwise discussed.
Khaoten Author Services and the Client maintain rights to the specified photo.
Each design shall not, under any circumstances, be altered without prior permission by Khaoten Author Services.
If the Client chooses to provide the cover image: They maintain the rights to said image. The Client must obtain the correct rights and permissions for use of the photo they are providing. No images or assets containing GENAI, whether partly or full, is allowed!!
Client agrees to indemnify and hold harmless Khaoten Author Services from any and all copyright and permission infringement action resulting from materials Client provides.
Client acknowledges that stock image licences may include print run limitations. It is the Client's responsibility to ensure they purchase extended licences where necessary.
By supplying Khaoten Author Services with materials subject to intellectual property rights by a third party, the Client will secure the appropriate rights and licences to use the materials before directing the designer to incorporate them into their project.
Khaoten Author Services reserves the right to request a copy of secured rights. Should any intellectual property dispute arise involving the Client’s materials, the Client assumes full legal and financial responsibility.
ACKNOWLEDGEMENTS
By hiring Khaoten Author Services and using the final design, the Client agrees to credit the company in the following ways;
Design by Khaoten Author Services
Design by Ruth at Khaoten Author Services
Including a link (https://payhip.com/KhaotenAuthorServices) back to this site, is optional but appreciated
LIABILITY
Khaoten Author Services, its employees, affiliates, and contractors shall not be liable for any incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including loss of business or reputation or loss of data in any way related to our services.
Khaoten Author Services isn't liable for damages of any kind, including loss of revenues, profits, business, reputation, or data, in any way related to our graphic design services.
Khaoten Author Services isn't responsible for any claim, loss, or injury based on errors or inaccuracies appearing on our site or in our Clients’ written documents once the cover has been approved.
Should Khaoten Author Services take longer to complete the project than originally indicated i.e. family emergency, act of nature, the Client will be contacted via phone or email in order to agree upon a new project completion date.
APPLICABLE LAW
All images presented on this website have been created with paid and royality free resources for commercial and noncomercial/personal use. The final copyright of those creations belong to Khaoten Author Services. Any sort of alteration of Khaoten Author Services' projects (cropping, removing text, changes of color, adding of filters or overlay, etc.) are not allowed.
Redistribution/Sharing of Khaoten Author Services' projects is not allowed without giving rightful and proper credit (tagging or linking back to Khaoten Author Services' website, social media, etc). and without Khaoten Author Services' written permission.
Do not claim any of the images presented on this website as your own. They are the property of Khaoten Author Services and those associated with them, and any unrightful claim will represent theft and will be treated as such.
CODE OF FAIR PRACTICE
Khaoten Author Services acknowledges that to the best of their knowledge, the work prepared is an original creation and has not been previously published and/or consent to use has been obtained on an unlimited basis. The work prepared does not contain any scandalous, libellous, or unlawful matter.
The Client and/or others may not use Khaoten Author Services' products in any way that may infringe upon the rights of others.
CHANGES TO TERMS AND CONDITIONS
Khaoten Author Services reserves the right to modify these terms and conditions at any time. Clients are responsible for reviewing the terms and conditions periodically to ensure that they are aware of any changes. By continuing to use our services after any changes to the terms and conditions have been posted, Clients are deemed to have accepted those changes.
ENTIRE AGREEMENT
These terms and conditions, together with any additional agreements or documents incorporated by reference, constitute the entire agreement between Khaoten Author Services and the Client concerning the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral.
By acknowledging this contract, the Client agrees to hold Khaoten Author Services entirely free from any liability, including financial.