Terms of service.
Book Design Services Terms and Conditions
Client herein refers to author/publisher/customer
Coo-ee herein refers to Jennifer Kyte/ Mount Art Services Ltd trading as Coo-ee Studio.
Intermediary herein refers to any third-party platform or marketplace acting as agent or similar between the client and Coo-ee.
Publishing Rights
The client confirms that they have the legal rights and permissions to reproduce and publish all materials that will be included in the work. This includes any text, logos, images, and any other elements they supply or purchase for use in the project. The client is solely responsible for the materials and validity of copyright and ownership claimed by the client. The client agrees to indemnify and hold harmless Jennifer Kyte (COO-EE) from all libel, copyright, and permissions infringement action resulting from materials the client provides. The book must not be a public domain work, unless the client is the original author.
Rights to client supplied materials: See #16
Confidentiality
3. All client materials are considered confidential and used by COO-EE only for producing the project (or estimate). Client materials will not be shared except as agreed to in writing by the client for purposes of seeking an estimate for work, or for a review.
Semi-Custom Covers (pre-designed, customisable)
The nine bullets below comprise the entire agreement for Semi-Custom covers
Semi-custom (pre-designed) covers must be paid in full at time of order.
Each cover is UNIQUE to your book—once sold they are retired and won’t be resold.
Once paid in full the client owns the rights to the cover art as shown for purposes of publishing their book, and for promotional materials for the book. You may not sell individual pieces of art shown on the cover as these are licensed by the photographer/illustrator, or COO-EE.
You receive one (1) round of revisions to your supplied title/author info, if needed. No other rounds of revisions or changes to text or art are included in the pre-designed price, but can be arranged for an additional fee.
Client is responsible for submitting accurate information and is responsible for proofreading.
Designer errors will be corrected at no charge.
Attribution: Cover design by Coo-ee (with live link in e-books) on copyright page is appreciated, but not required.
Returns/cancellation—you may return the cover for a full refund within 30 days of purchase if the cover is not used. Note that cover will be placed in inventory for sale if returned. You may not have used the cover on a bookseller site, in any promotions, focus group, or testing, and if circulated in a test no refund is offered.
Custom Design Services—deliverables (not pre-designed)
4. Ebook and Print book design service fee includes the following:
Ebook resolution jpg file formatted appropriately for ebook
Web-resolution jpg of the flat cover image suitable for use on website or social media
Purchase of stock imagery for use on the cover from stock companies COO-EE currently contracts with (specific image requests, or images from other companies may incur additional fee, at cost)
Digital delivery of all finished cover image files
Cover design service may include stock imagery manipulation, custom title design, or other decoration, but does not include original artwork, illustration, copywriting, editing or other services not described above.
Full cover layout of paperback format (front/spine/back covers) to client’s printer’s specifications. Client must supply finished layout page count, printer’s template or specs, or link to printer’s website for obtaining template/specs or contact information for printer.
High-resolution press ready PDFs to printer’s specs are supplied for client to send to the printer.
3-d book image suitable for promotional use, in hi res for print and low res for web – this is based on a pre-made template.
ISBN barcode applied to back cover from your supplied ISBN #. (Note: some online printers prefer to use their own barcode).
Jacket for (hardcover books only)—created to printer’s specifications (see above A.) includes layout of flaps, and spine type design for hard case wrap. (Custom case wrap designs will incur additional design fee.)
5. Text layout interior page design and production—pages designed and typeset to match chosen template, or, for fully custom specialty books:
A chapter or page sample layout is provided to show how different content items are handled.
Text page design includes title page design to match cover title design, copyright page, and endpapers. In the case of full length text and fiction books running headers and chapter titles, subheadings, and page numbering are included.
Table of Contents is not included as standard, if required this can be added for an additional fee.
Other elements can be added for an additional fee.
A press-ready PDF to printer’s specs is supplied for upload to printer
Additional changes after the stated rounds of revisions will incur additional charges. Changes after the PDF are submitted to the printer incur charges from COO-EE AND the printer.
Designer introduced errors will be corrected at no charge prior to files being submitted to printer or online ebook seller. (See #8 proofing.)
6. Ebook conversion
Ebooks are converted to EPUB format after the layout and typesetting of the interior pages have been proofed and approved in writing by the client.
Custom ebooks can only be converted from COO-EE InDesign files. All other file formats will incur additional costs.
Edits to ebooks after conversion may incur additional charges. It’s vital to proof and approve text layout before final conversion.
Ebook layouts are variable based on the ereading device. Therefore layouts are seeking to be legible, readable and attractive. Reflowable ebooks will not look like the print book on all devices. Fixed layout books (picture books) do look like the print book but they don’t adjust to suit different devices and may result in the text becoming too small to easily read without zooming-in.
Fonts may be embedded but are not guaranteed to be seen on all devices. The user (reader) can override fonts chosen in reflowable ebooks. Not all fonts may be licensed for ebooks—so the font chosen for your print book may not be seen in the ebook. Every effort is made to honour the print book design within the limitations of e-reader devices.
Client Responsibilities
7. Proofing—Client is solely responsible for proofing all designs/layouts/text provided by COO-EE and assuring that all design elements, text, photos, etc. are present, accurate, and correct, including: spelling, grammar, ISBN, price, necessary markings, logos, branding compliance, etc.
8. Client acknowledges that they will receive digital proofs (PDFs) to approve. It is strongly suggested that clients obtain printed proofs from the printer for approval prior to approving book for sale or ordering bulk copies. If client declines printed proofs they affirm that they will personally approve the printer’s digital proofs. If Jennifer Kyte is asked to approve proofs without author review, client accepts responsibility for any errors.
9. Epub type - Client will ensure that the platform they wish to sell their ebook on accepts the appropriate epub type (ie fixed layout in the case of picture books – not all platforms accept fixed layout. Note that reflowable publications are not usually suitable as picture books.)
10. Intermediary fees - Client will be responsible for paying any fees, charges or penalties owed to an intermediary such as an agent or marketplace as per their terms and conditions (see point 19 for further details).
Ownership Rights
11. Upon receipt of full payment, COO-EE confers to the client exclusive rights to use the final cover design artwork/page layout in PDF, JPG or other publishing ready format for their book publishing or promotional materials.
12. COO-EE Rights of First Refusal. The client understands that they may not alter the cover design in any way, except to change the size for printing or display. They may request the design be altered by COO-EE, who has the right to do, or refuse the work. If COO-EE declines, the client may have the design altered by another service provider. The client understands that such alterations will incur additional costs.
13.The client agrees to abide by the terms of any license agreement for any images purchased by COO-EE (or themselves) for the work through a third-party image provider. The rights purchased for the book cover (or interior spot images) includes the rights to print runs (or downloads) of up to 500,000 units. For books of over 500,000 units, additional licensing fees may apply. Images used for the cover (or spot) are royalty free, creative commons licensed, or in the public domain; however the creator or seller/publisher of the image holds copyright to the image. The client may not use the image for any purpose other than for the book cover and/or interior design.
The working files for your cover/book are archived. Should COO-EE decline the opportunity to make further revisions, you may request the working files to be conveyed to you. (Time limit—some files may not be retained over 2 years.)
14. COO-EE retains the right to use the client’s final book cover design, author name, book title, and selected interior spreads (designed by COO-EE) in her portfolio, on her website and in promotional pieces to market and promote her services.
15. COO-EE retains copyright and ownership of all design elements and unused draft designs.
16. For any client-supplied materials subject to intellectual property rights by a third party the client will secure the appropriate rights to use the materials before asking the designer to incorporate the materials into the work. Should any intellectual property rights dispute occur involving said materials, the client assumes full legal and financial responsibility.
Attribution/Credit
17. COO-EE requires custom cover/book design to be credited either on the back cover and/or on the copyright page as follows:
Cover design by Coo-ee Studio (or: Cover and book design by Coo-ee Studio), or Jennifer Kyte in place of Coo-ee Studio
Some photos may also require a credit line on the copyright page (or in the book for spot images). Client will be given the proper wording if that is the case.
In ebooks it is appreciated, but not required to live link to: https://www.coo-ee.co.uk/
Liability
18. COO-EE (Jennifer Kyte or Mount Art Services Ltd) will not be 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 her services. COO-EE is not responsible for any claim, loss, or injury based on errors or any other inaccuracies appearing on her site or in her clients’ written documents, including without limitation as a result of any breach of the terms and conditions of this agreement.
19. Coo-ee (Jennifer Kyte or Mount Art Services Ltd) is not a member nor a Service Provider of any intermediary marketplace (such as Reedsy) or agent. Any work that is commissioned by the client is done so independently of any such intermediary. If the client has been introduced to Coo-ee via a Coo-ee collaborator such as an illustrator or editor who is a member or service provider of such an intermediary and that intermediary deems that the commission has been facilitated in any way by them, then the client is responsible for paying any introduction fee, service charge or penalty any such intermediary deems may be owed to them as per their terms of service. Coo-ee will not be responsible for paying any such service charge, introduction fee or penalty.
Payment
20. The client agrees to pay the initial deposit of 50% of the estimated total for custom design work before the work begins, or may choose to pay the entire fee upfront. The remaining balance plus any agreed to extra charges is due upon approval of the final cover/book proof files. COO-EE will not release files until final payment is received. The final payment is considered to be final approval and considered to be the contract fulfilled, and thus terminated. Any other additional services requested will then enter into a new contract and require additional fees. COO-EE retains the right to discontinue, withhold, or suspend services for any account should payment not be made in the order specified in the agreement, or should payment not be cleared by the bank.
21. For international payments the full payment will be required before any work commences, unless the client is willing to cover the additional card processing fees for multiple transactions on international cards.
Cancellation
22. The client or COO-EE may cancel this agreement at anytime by providing written notice to the other party. If either party cancels the agreement after work has commenced, neither party is under further obligation and the contract is considered terminated.
“Kill fee.” If the client should stop the work once design has begun the client agrees to pay up to 50% of the total estimated cost or the designer’s hourly rate plus expenses to the point when work was ceased. This is to cover costs and lost billable time. The client will have no rights to any mockups, comps or design elements created for the cancelled project, and agrees to destroy them.
Modification of agreement
24. Modification of any provision of this agreement is not valid or enforceable unless confirmed in writing and signed by all parties in hardcopy or e-signature.
Severability
25. The finding of any provision in this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.
Complete agreement
26. 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.