You may refuse to agree to the terms below thus terminating my responsibility to provide you any services previously discussed. The following terms are non-negotiable and apply to ALL projects unconditionally:
There are things on this website that may be offensive to some readers and is unsuitable for young readers. By navigating throughout this website you are confirming you are legally an adult in your country of residence, usually between the ages of 18 to 21 years old. Check Wiki Age of Majority article for more information.
I do not provide services or sell products to children. If you are a minor, you may use this website only with the permission and active involvement of a parent or legal guardian. Please do not provide me or other website visitors with any personal information.
Timetable and Delays
After I start your project, you are responsible for the timely review of your project and either, (i) approve the project in writing or (ii) provide written comments and/or corrections sufficient to identify your concerns, objections, or corrections to me.
My ability to meet any and all schedules is entirely dependent upon you providing materials and written approvals and/or instructions of your project. Any delays due to excess alterations to the design or project requests from you may delay delivery of the project. Any such delay caused by you will not constitute a breach of any term, condition, or Designer’s obligations. In the event that you do not respond to proofs, revisions, etc. within 4 business days of receipt, I may stop work on project so that other clients in my queue are not inconvenienced. This may be an inconvenience to you later.
My business days are Tuesdays – Thursdays. I do not work on cover designs Friday through Monday, or Holidays (US). So if you email me during this time and I don’t answer, that is why. I will answer your emails when I return to work, but depending on the busyness of my schedule, it may take me a few business days. If I don’t respond within a week, email me again. I promise I’m not ignoring you. Sometimes emails get eaten by cyberspace or slotted into my spam folder, never to be seen of again.
If you want to talk to me on the phone, I will schedule phone calls ahead of time, otherwise you might catch me when I am not at my office.
Deposit or Prepayment of Project
A project based fee is required by you to secure a place in my schedule and finalize our service agreement. This is a non-refundable fee of 50% of the full price for the cover design. In the event of cancellation of this project, I will keep the deposit/prepayment for the design project.
Termination of Project
The Project may be terminated due to illness, injured, or events beyond our control, like: fire, theft, computer failure, and Acts of God that cause a delay of more than 90 days from the agreed delivery date. If terminated for reasons stated above I shall return to you one half of the first deposit made. If terminated for reasons other than the above I shall keep the full deposit made to me. If you feel the work is unsatisfactory, please discuss it with me prior to termination and allow me a chance to fix any problems. You cannot claim any additional expenses, damages, or claims based on the failure of Stephannie Beman to complete the design(s).
Failure to Pay for a Project
The right to use the cover design is conditioned upon receipt of full payment. If you default on payment, or the final fee goes unpaid for longer than 30 days, I have the right to sell the design to another.
Purchase Stock-Photography or Provide Images
By sending me any content or photography, you warrant that (a) you own all right, title, and interest in, or otherwise has full right and authority to their use the content/photography, (b) to the best of your knowledge the content/photography provided does not and will not infringe upon or violate the rights of any third party, (c) you have permission and are in compliance with the terms and conditions of any licensing agreements which govern the use of Third Party Materials, and (d) you will comply with all laws and regulations as they relate to the Services and project, and (e) you take full responsibility for any legal repercussions.
In other words if you didn’t get proper written permission or paid for the license of an image and have proof, and the copyright holder wants to sue someone, they can’t sue me. You are liable for the consequences and the legal costs. Having a proof of purchase may save you thousands of dollars.
Copyright and Ownership
Upon receipt of full payment in the amount discussed, copyrights for the completed design(s) will transfer to you, the author. I give you the right to use your new design(s) in all media useful for your business under the usage rights of the image licensing, and waive the right to any future royalties associated with your books or business, which are the intellectual property of the author.
I retain the right to reproduce, publish, print, and display your new image and your author/business name, the name(s) of your book(s), and your website address for testimonial and promotional purposes on/in my portfolios, websites, and galleries for the purposes of professional advancement/marketing endeavors. If you would prefer that your design be added after a specific date I will do my best to compile and respect those wishes. If I receive a testimonial from you, I may post it on my website with a link to your website.
Limitation of Liabilities
You agree to not to hold Stephannie Beman liable for any incidental or consequential damages that arise from my failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Designer or Client, any client representatives or employees, or a third party; from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of copyright or obligations, representations or warranties under this Agreement.
Modifications of the terms of this contract must be written and authorized by both parties, involving the implementation of a new version of the contract as a whole following standard procedures of documentation and approval.
Any disputes in excess of maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Designer. All actions, whether brought by client or by designer will be filed in the designer’s state/county of business/residence. This contract is held accountable to the legal system of Wyoming and any applicable statutes held therein.
Acceptance of Terms
If you agree to the terms laid out here, then a project based Prepayment is required. An invoice should already be in your inbox for the total quoted in the Payments section. Upon payment of the project based fee, the Designer as sender and the Client as recipient has acknowledged acceptance of the above terms and finalize this contract. Electronic signatures shall be considered legal and binding.
If you refuse the terms laid out here and think we might still work together, please contact me and we can discuss your reservations. Otherwise, don’t pay the Prepayment, thus terminating my responsibility to provide you any services previously discussed.
THESE TERMS & CONDITIONS: These terms and conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of our website. These terms and conditions were last updated on 12/16/2017