TERMS AND CONDITIONS

by Atra Luna Design

By hiring me, you agree to abide by the following terms and conditions:

OWNERSHIP RIGHTS

Upon receipt of full payment, Atra Luna Design grants the client exclusive usage rights to the final artwork (JPEG or other publishing-ready format) for their book and associated promotional materials as well as selling the artwork on posters, character cards and bookmarks.

The client understands that they have no right to alter the final artwork in any way except to change size for printing or digital display. If the client desires any alterations, they will consult Atra Luna Design. The client understands that additional payments may be required to make these alterations.

Atra Luna Design retains the right to use the client’s artwork in her portfolio and to market and promote her services. Atra Luna Design retains copyright and ownership of all design and draft materials.

If the client supplies Atra Luna Design with materials subject to intellectual property rights by a third-party, the client will secure the appropriate rights to use the materials before directing the designer to incorporate them into their project. Should any intellectual property dispute arise involving materials the client provides, the client assumes full legal and financial responsibility.

CONFIDENTIALITY

All client information and materials are considered confidential and only for use by Atra Luna Design to provide a quote or complete a project. Client information and project materials will not be given out or shared with any third party, unless otherwise requested by the client.

GUARANTEES

The Artist:

• Declares she has obtained all proper rights or licenses for all materials (brushes, etc.) used in creation of the Work.

• Retains the right to include the Work in her online portfolio or business promotion.

• Acknowledges she does not own or have right or title to the Book containing the Work, nor to receive any royalties on Book(s) sold, or derivative works containing the Work.

• Agrees to treat all information about the Book’s content as Confidential and not cause or permit such Confidential Information to be disclosed to any third party, until the book is published online by the Author.

The Artist hereby represents and warrants:

i. She is the creator of the Work.

ii. The work does not infringe any copyright, privacy rights, or legal rights of a third party.

iii. The Work does not contain any unlawful material.

ATTRIBUTION

Atra Luna Design asks if credit is given, it to be as such: “Artwork by Atra Luna Design.”

PAYMENT

Client agrees to pay the price before the final files are shared.

Atra Luna Design will not release finished files to the client or other parties until final payment has been received. The final payment is also final approval of the project, and the contract between the designer and client will be considered fulfilled and thus, terminated. Atra Luna Design 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.

A $30 deposit fee may be requested to reserve the time slot. The booking fee is non-refundable and will be deducted from the total sum of the artwork.

Payment may be done via PayPal or Wise.

CANCELLATION POLICY

The client or Atra Luna Design may cancel this agreement at any time by providing written notice to the other party. If either client or Atra Luna Design cancels a project before work has started, neither the client nor Atra Luna Design is under further obligation to the other, and this contract will be considered cancelled.

The $30 deposit fee is non-refundable. In case the work has been 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. This is to cover resources and time taken during the project up to the point of cancellation. The client will have no rights to any mockups sent to the client and agrees to destroy them.

For pre-made covers, all purchases are final and cannot be refunded.

REVISIONS

Atra Luna Design distinguishes between drafts and revisions:

Drafts refer to completely new design concepts. Up to 3 drafts are included in the base price. Should additional drafts be required beyond the 3 included, each additional draft will be charged at $50 per draft.

Revisions refer to adjustments and changes made within an approved draft concept. Up to 4 rounds of revisions are included in the base price. A revision round is defined as all feedback submitted in one single message or email. Should additional revision rounds be required beyond the 4 included, each additional round will be charged at $30 per round.

Once the cover enters the final painting/overpainting stage, any revisions requiring rework of completed work will be charged at $10 per change, regardless of the revision rounds remaining.

For Pre-made Covers:

Most pre-made covers are sold as they are, and changes are not an option. All text presented on the pre-made are placeholders and will be updated to the client’s information. In some cases, The Artist may agree to a limited number of revisions. The total cost of revisions is to be previously discussed and agreed upon by both parties. Requesting revisions on a pre-made may require extra time in completing and personalizing the artwork.

LIMITATION OF LIABILITY

The Client must approve the final design and the Artist will not be held financially or legally responsible for any errors in text or design that have been approved by the Client. The Client must test and try proofing of printing. 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 book cover design is sold as-is. The Artist does not guarantee any results in the sales of the book written by the Client.

APPLICABLE LAW

By agreeing to these Terms & Conditions you also acknowledge and expressly agree that this agreement will be governed by the laws of Germany. The Courts of Germany 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.

COMPLETE AGREEMENT

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.