TERMS AND CONDITIONS
Nomad Raccoon (the “Artist”) owns and operates this Website (“nomadraccoon.com”). This document governs your relationship with nomadraccoon.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all the Terms of Service, as may be updated from time to time. You should check this page regularly to take notice of any changes that may have been made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and Nomad Raccoon reserves the right to withdraw or amend the Services without notice. Nomad Raccoon will not be liable if, for any reason, this Website is unavailable at any time or for any period. From time to time, access to some parts or all this Website may be restricted.
This Website may contain links to other websites (the “Linked Sites”), which are not operated by nomadraccoon.com. Nomad Raccoon has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use contained within each site.
By hiring Nomad Raccoon (the Artist), you agree to abide by the following Terms of Service:
Ownership Rights and Exclusivity
The Artist retains copyright ownership of the cover design artwork after the purchase is completed. The Artist retains the copyright ownership of all design and draft materials.
Upon receipt of full payment, the Artist grants the Client an exclusive license to use the final cover design artwork, custom-made cover, or pre-made cover.
The Client understands and agrees that he / she has no right to alter the final cover design in any way, except to change the size for printing and other types of display. If the Client desires any alterations, he / she will consult the Artist. The Client understands that additional payment may be required to make those alterations. The Artist will inform the Client about the cost of those alterations beforehand.
The Client agrees to abide by the terms of any license agreement of any stock image purchased by the Artist through a third-party image provider to use in the Client’s book cover design. The cost of the cover includes the basic / standard license to use these images (please read about what a standard license means on DepositPhotos: https://depositphotos.com/license.html). Clients can only use the book covers for advertisements on social media promotions. The Client is responsible for contacting the designer to get permission for any other uses, such as merchandise, product packaging, magazines, marketing campaigns, mobile applications, newspapers, and album artwork.
Boutique stock photo costs should be covered by the Client (such as Period Images, Neostock, etc).
Payment
PRE-MADE COVERS
The Client agrees to pay for the book cover in full before receiving the final artwork. The pre-made cover is sold as-is unless otherwise stated by the Artist.
The Client is responsible to cover any additional costs not included in the pre-made package, such as paperback wrap, promotional materials, and revisions.
CUSTOM COVERS
The Client agrees to pay a $50 booking fee. The booking fee is non-refundable and will be deducted from the total sum of the artwork.
Both parties will come to an agreement on how the rest of the payment should be covered: (1) upfront; (2) 50% down payment and 50% after the final work has been approved; (3) after the project is completed.
Payment will be done via PayPal.
Cancellation Policy and Refunds
For custom cover designs, the Client or the Artist may cancel the Agreement at any time by providing written notice to the other party. If either the Client or the Artist cancels a project before the work has started, neither party is under further obligation to the other party.
In case the work has started, the cancellation fee is based on the amount of work already completed. If the Artist has already worked on the project but hasn’t yet reached the final stages, 50% of the price of the project will serve as a cancellation fee. If the cover art has been completed, 100% of the price of the project will serve as a cancellation fee.
Upon cancellation, the Artist retains all the rights to the artwork, and the original art must be returned or destroyed, including any sketches, proofs, or any other preliminary material sent by the Artist. The Client is not allowed to use any work created by the Artist and sent to the Client. In case the Client does not respect the provision mentioned above, he / she will be in breach of the intellectual property rights of the Artist, and he /she will be bound to pay any damages resulting from the breach.
In case the Client cancels the order, the Artist has the right to request to change the artwork into a pre-made cover and to use it at his discretion, with the written permission of the Client and by modifying all the specific elements of the artwork set by the Client.
For pre-made covers, all purchases are final and there will be no refunds.
Confidentiality
All client information, such as pen name, and book and series title, is confidential and only to be used by Nomad Raccoon to complete the book cover. This information will not be disclosed or shared with any third party. The final cover can be shared in the Artist’s portfolio only after the Client has revealed the book cover or has given the Artist written permission to reveal it.
The Artist will not be held liable when an artwork is deemed similar to other artworks, merely based on general cover trends, themes, genres, or the use of similar or the same stock images.
Revisions
Pre-made covers are sold as they are, and changes are not an option unless otherwise stated by the Artist.
In some cases, the Artist may agree to a limited number of revisions. These revisions are limited to three and may require an additional fee. The total cost of revisions will be discussed and agreed upon by both parties.
Attribution
The Artist requires a cover design credit to appear in the Client’s book (either in the back of the book or in the copyright section). This credit should read as such:
Cover Artwork by Nomad Raccoon at https://nomadraccoon.com
The Artist retains the right to include the final design, along with the Client’s pen name and book title, in the portfolio, in order to promote the Artist’s services.
Limitation of Liability
At no time will the Artist be held financially or legally responsible for any problems, costs, fees, or expenses incurred by the Client as a result of using the book cover design.
The Artist is not liable for any incidental, indirect, consequential, or any other damages, including loss of revenues or profit, loss of business or reputation in any way related to the service.
The Artist does not guarantee any results in the sales of the book written by the Client.
Modifications
Nomad Raccoon has the right to amend, remove or vary the Services and / or any page of this Website, at any time and without notice.
Applicable Law
By agreeing to these Terms and Conditions, you also acknowledge and agree that this agreement will be governed by the laws of Romania. The Courts of Romania shall have exclusive jurisdiction over all disputes between the parties.
In case of a conflict or a dispute, both parties agree to try to resolve the dispute amicably, and only in case of failure will they refer it to the competent courts.
Final Provisions
The present contract is the entire agreement between the parties. No additional promises and conditions, written or oral, that are not included herein apply to this agreement.
Any waiver of any provision of the Terms of Service will be effective only if it is in written form and signed by the Artist and the Client.