PREMADE COVERS: TERMS AND CONDITIONS
Ownership of Copyright/Copyright Licence
The copyright in the cover design purchased by the Client [You] shall be retained by the Illustrator [Me].
You, or your customer (where you are acting as an intermediary), are granted a licence to reproduce the cover design solely for the purposes you have selected during the purchase process and which will be set out on the acceptance of commission document you will be issued after you have completed your purchase.
If the first page of the acceptance of commission does not specify what licence you have been granted then you are granted an exclusive licence for one time use in the United Kingdom only.
Where the cover design incorporates stock photographs or images, the copyright in that individual photograph or image is retained by the original photographer/designer, and has been licenced by me to create this cover design. You are granted a sublicence to use that photograph or image as part of the cover design only. You are not permitted to extract any individual element from the cover design to be used for any other purpose.
While your licence is active, I will notify you if I want to make use of the cover design artwork for any purpose other than self-promotion. You have the right to make reasonable objections if the use I am proposing is likely to be detrimental to you or your business.
If the first page of the acceptance of commission states that your use of the cover design is restricted (for example, if it states that you are only allowed to use it for an ebook), then I nominally grant you, or your customer, a licence to use the cover design for other purposes subject to payment of a further fee. That fee will be in line with current licensing rates to be mutually agreed at the time of your request. In other words, I agree that I will allow you to extend your licence to other types of use (for example, to extend your licence to allow you to use the cover design on a paperback) on receipt of the appropriate fee.
The licence only comes into effect once I have received payment in full of all monies due to me. Until you have paid me in full you are not granted any reproduction or publication rights.
The licence is personal to you, or your customer (where you are acting as an intermediary), and the rights may not be assigned or sub-licensed to anyone else without my consent.
Generative AI
The cover design has not been created using a generative AI art programme and does not contain any generative AI art elements.
While every effort has been made to source stock images that have not been created using a generative AI art programme, these are not always labelled as such on stock image sites. As such, I cannot guarantee that the design does not include elements created using a generative AI art programme.
Usage limits
The licence allows you to use the cover design multiple times. One use of the cover design occurs each time an ebook is downloaded or a print copy printed. The maximum number of uses granted by the licence is set out on the first page of the commission document.
The maximum number of print copy uses is calculated using all print formats (for example, the total number of printed copies of both paperback and hardback versions of your book).
Payment
In most cases you will have paid for the cover and any add-ons in full through the Paypal payment process on this website. If this is not the case, I will send you an invoice for this work. You will pay all invoices within 30 days of their receipt or by the stated due date.
If I don’t receive payment within 30 days (or by the stated due date) then I will apply interest at a rate of 2% per month to any unpaid balance.
Cancellation
You can cancel your purchase at any point up to 14 days after the delivery of the final cover files. If you cancel this purchase, I will refund the amounts paid back to the original payment source. If this is not possible, I will contact you to arrange an alternative destination for your refund.
If you cancel this purchase, ownership of all rights granted under this agreement shall revert to me. The cover design will be offered for sale again.
You can cancel your purchase by contacting me. My contact details can always be found at www.jonstubbington.com/contact/. Alternatively, you can use the Model Cancellation Form found at the bottom of this page.
Delivery
I will use my best endeavours to deliver the cover design to you by the agreed date. If I anticipate any delay then I will notify you at the first opportunity.
I WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LATE DELIVERY OF THE ARTWORK.
When I deliver the cover design you will make an immediate objection if the artwork is not in accordance with the brief. If you do not make an objection within 14 days of delivery of the cover design then it will be conclusively presumed that the cover design is acceptable.
Approval/Rejection
If the cover design fails to satisfy, you may reject the artwork and request a cancellation.
If you reject the cover design, ownership of all rights granted under this agreement shall revert to me. The cover design will be offered for sale again.
Changes
If you change the brief and require subsequent changes, additions or variations, I may require additional payment for that work. I may refuse to carry out changes, additions or variations which substantially change the nature of the commission.
Warranties
I warrant that the cover design is original and does not infringe any existing copyright. Please be aware that the individual elements within the cover design (such as stock photographs) are not original and are non-exclusive, meaning that they can be used by other designers to make book covers or other artwork.
I further warrant that I have not used the cover design elsewhere.
You warrant that any necessary permissions have been obtained for the agreed use of reference material or visuals supplied by you or your customer and shall indemnify me against any and all claims and expenses including reasonable legal fees arising from my use of any materials provided by you or your customer.
Credits/Moral Rights
Credit for use of the artwork is appreciated but is not required.
I hereby waive the right to injunctive relief for breaches of the right of integrity and the right of paternity.
Notices
All notices shall be sent to me and to you at the email and/or postal addresses established for communication under this agreement. My contact details can always be found at www.jonstubbington.com/contact/
You and I must give written notification of any change of address to the other person before changing our contact address.
Governing Law
These terms and conditions are governed by the law of England and Wales and may not be varied except by agreement in writing. The parties hereto submit to the non-exclusive jurisdiction of the English Courts.
MODEL CANCELLATION FORM
To: Jonathan Stubbington, jon@jonstubbington.com
I/We [*] hereby give notice that I/We [*] cancel my/our contract of sale of the following goods,
Ordered on [*] / received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate