Design Terms & Conditions

The definitions and rules of interpretation in this clause apply in this agreement.

“CLIENT”: shall mean the party requesting or commissioning the work. The party may include (but not be exclusive to) an author or publisher.

“DESIGN”: shall mean the registered and unregistered design rights (and future designs) further identified as either the visual appearance of the outer cover elements (which could include front, back, and spine) and/or Amazon A+ Marketing elements (which could include banner(s) and/or tile(s)) together with all intellectual property rights subsisting or associated with them;

“WRITEM”: shall mean Writem Limited [Beckside Court, Annie Reed Road, Beverley], the party undertaking the Design work.

1. All materials supplied by Client are considered confidential.

2. The Client materials will be utilised by Writem for the sole purpose of developing and completing the project (or estimate).

3. Client materials will not be shared with third parties external to Writem unless agreed in writing by Client.

1. The rights to the Design shall be owned by Writem.

2. Copyright and ownership of all Design elements and unused draft Designs is owned by Writem.

3. Writem will grant Client an exclusive license for the final Design on receipt of full payment.

4. Client agrees that they have no right to alter the completed Design in any way.

5. Writem will not provide Client with fonts or source files.

6. The Design will be provided in PDF and JPEG formats.

7. Other Design formats can be supplied on request.

8. Writem retains the right to use Client’s Design, author name, and the book title for promotional activities of Writem.

9. Client confirms it owns or has appropriate intellectual property rights to all Client materials supplied to Writem.

1. Writem is not 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 Design, materials, or services provided by Writem.

2. Writem are not liable for any breach of obligations resulting from causes beyond Writem’s reasonable control including strikes, natural disasters or political unrest.

3. Writem is not responsible for any claim, loss, or injury based on errors or any other inaccuracies, including without limitation as a result of any breach of the terms and conditions of this agreement.

4. Writem will not be responsible for any costs incurred by Client as a result of delays to publishing dates.

5. Client is responsible for approving proof copies of their work, including the cover design, from the printer or publisher.

6. Writem takes no financial or legal responsibility for any issues or expenses incurred by Client in relation to using the Design 

7. Client agrees to indemnify and hold harmless Writem from all libel, copyright, and permissions infringement action resulting from Design or other materials provided by Client.

1. Writem will provide Client with a quote for the Design project.

2. Writem will schedule the Design once a 100% payment is received from Client.

3. The lead time to develop and finalise the Design will be confirmed on payment of the fee.

4. Writem shall use reasonable endeavors to achieve the lead time provided however Writem shall have no liability if lead times cannot be met.

5. Client will provide an actual size template from Client’s printer or publisher for Writem to produce a print-ready file of the Design.

6. Costs quoted do not include the production of final printing templates. 

1. Either Client or Writem may cancel this agreement by providing written notice to the other party prior to the Design project commencing. 

2. Should Client cancel the agreement Client shall forfeit 50% of the fee already paid.

3. Client shall have no rights to any of the design elements created for the canceled project.

4. If Writem cancels the agreement the fee will be repaid to Client in full.

1. 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. 

1. The finding of any provision in this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.

1. 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.

1. This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and will be subject to the exclusive jurisdiction of the Courts of England.