Terms and conditions
By purchasing one of our services, the 'client' agrees to the terms and conditions listed below.
Price quotation & confidentiality
All oral and written offers from Secrèt D'Artiste are without obligation and are valid for 1 month from the start date mentioned on the price quote. The validity can be extended when the client receives a written confirmation from Secrèt D'Artiste. The price quotation may be subject to changes due to unforeseen changes by the client during the project. All client information and materials are considered confidential and only for use by Secrèt D'Artiste to provide a quote or to complete a project. Client project information will not be given out or shared with any third party, unless requested by the client.
Orders must be confirmed in writing by the client. If the client fails to do so and the assignment is confirmed by Secrèt D'Artiste and no objection is raised within 8 days of receipt, the content of this confirmation will apply. If neither of the parties confirms the order in writing and Secrèt D'Artiste has commenced with the execution of the assignment with the consent of the client, the client shall be deemed to have delivered the assignment in accordance with the quotation. Verbal agreements and stipulations are not binding on Secrèt D'Artiste until they have been confirmed in writing by Secrèt D'Artiste.
2. The implementation of the agreement
The client is obliged to do all that is reasonably necessary to enable timely and correct delivery by Secrèt D'Artiste, in particular by timely delivery of complete, sound and clear information/necessary materials.
Publication and multiplication
Before publication or duplication is effected, parties must give each other the opportunity to check the latest proof, revision test or the last prototype of the design and approve it in writing.
3. Copyright, design law and property law
Copyright and industrial property
The copyright and the exclusive right of the design developed by Secrèt D'Artiste, come to Secrèt D'Artiste. As long as no further written agreement is established between Secrèt D'Artiste and the client with regard to the transfer of the copyright or the exclusive rights, these rights remain with Secrèt D'Artiste. Secrèt D'Artiste grants their clients to use the final artwork for their book cover and for other printed promotional materials (marketing use only) under the restrictions of stock images basic license (see 4. Use and license).
Investigation into the existence of rights
Unless expressly agreed, Secrèt D'Artiste assignment does not include conducting research into the existence of trademark rights, drawing or design protection, patent rights, copyrights and portrait rights of third parties. The same applies to research into the possibility of such forms of protection for the client.
Attribution (giving credit)
Secrèt D'Artiste is at all times entitled to have the name stated in the colophon of a publication, a digital or physical book, audiobook, etc ... Please include: Cover art by Evelyne Paniez, www.secretdartiste.be
The contract price does NOT give the client access to .psd layered files of the artwork. This is due to copyright and licensing restrictions of the stock images used. Upon request, Secrèt D'Artiste can provide the flattened blank artwork (without texts) to the client for marketing purposes only. Receiving the blank artwork will incur an extra fee.
4. Use and license
When the client fully complies with his obligations under the agreement with Secrèt D'Artiste, he thus acquires the exclusive right to use the design insofar as this concerns the right of publication and reproduction in accordance with the destinations and/or edition as agreed upon with the order. If nothing has been recorded about the destination or circulation, the first use and the first edition shall be deemed to have been agreed.
More spacious use
In case of more extensive use than agreed, a new agreement with regard to the user rights must be concluded between the parties.
The client or another designer/agency is not allowed to make changes to the provisional or definitive designs without written permission from Secrèt D'Artiste. The client must be the first to give Secrèt D'Artiste the opportunity to implement it. A fee must be paid for this, based on the usual fee rates applied by Secrèt D'Artiste. The rough draft may not be publicly displayed and should only be shared for feedback in private to select individuals that the client trusts.
Stock images used
As long as no further written agreements have been made about this, Secrèt D'Artiste has the freedom to use the design for her own publicity or promotion (e.g. portfolio, website, social media, etc ...). Secrèt D'Artiste reserves the right to publicly post the completed project in their portfolio, if client does not publicly reveal their project within six months of project completion unless previously agreed upon with Secrèt D'Artiste. Secrèt D'Artiste reserves the right to take any discarded concepts from the completed project and reuse them in subsequent projects.
5. Payment and delivery
A 50% deposit needs to be paid at the beginning of the project. The balance needs to be paid at the end of the project. Payments must take place before the due date stated on the invoice. Non-payment of an invoice on the due date shall legally and without prior notice of default and unabatedly set a compensation of 20% of the amount due of the invoice with a minimum of 50 euro or 60 US dollar.
100% needs to be paid in advance (FCFS) when claiming a cover in Secret D'Artiste Facebook group and/or payments must be made in full at the time of checking out from the shopping cart at our online shop. Payment will be made with Paypal and will be in US dollars. Any revision, textual or otherwise, to the design will be only made after full payment has been made.
In the event of non-fulfillment of its payment obligations by the client, all rights transferred by Secrèt D'Artiste to the client within the agreement will be suspended until the moment that these payment obligations have been fulfilled. In that case, the client is not permitted to use the designs made available to him.
All premade covers are non-refundable once purchased. Resale of select covers to other authors is allowed by only with prior written permission from Secrèt D'Artiste. Retitling and changes will incur extra fees. Refunds can only be given before start of the work on a certain project (only with custom orders). A non-refundable booking fee can never be refunded. For customs, see 'cancellations' under 7.
Payment plan possibilities for premade covers (installments)
Standalone/single covers: no payment plan possible. Full price has to be paid at once (FCFS).
Trilogy covers: there are 3 possibilities.
OPTION 1: you directly pay 100% of the price via PayPal within 24h after your purchase.
OPTION 2: you directly pay 50% of the price via Paypal within 24h after your purchase. The remaining 50% has to be paid within 30 calendar days after your purchase.
OPTION 3: you directly pay 1/3 rd of the set price (trilogy) within 24 hours after your purchase. Part 2/3 needs to be paid within 30 calendar days after your purchase and the last part 3/3 needs to be paid within 60 calendar days after your purchase.
For custom covers: the amount of revisions is described in the packages that Secrèt D'Artiste offers. Depending which package the client prefers, the amount of revisions can vary.
For premade covers: small changes are possible but depending on complexity, an extra fee might be charged. Please contact Secrèt D'Artiste prior to buying! Complex changes are not allowed.
Completed projects are delivered to the client via email or wetransfer. Final files will only be delivered after full payment. The delivery periods set by Secrèt D'Artiste for the completion of a design are always indicative only and are not binding terms. Delivery of the design to be completed to the client after the specified delivery period can never give rise to any right to compensation on account of the client.
Fees and additional costs
In addition to the agreed fee, the client must also pay to Secrèt D'Artiste the costs that Secrèt D'Artiste incurs for the execution of the assignment and that do not fall under the normal overhead costs (if applicable).
Fee for an amended order
If Secrèt D'Artiste is obliged to perform more or other work due to the late or incomplete delivery of complete, sound and clear data/materials or due to an amended or incorrect assignment and/or briefing by the client, these activities will be honored separately.
The fee agreed between the parties also includes the compensation for the exclusive right to use the design, insofar as this concerns the right of publication and reproduction in accordance with the destinations and/or edition as agreed upon with the order. Full ownership can be obtained after written approval by Secrèt D'Artiste and an additional fee must be paid to obtain full ownership (please contact Secrèt D'Artiste to discuss possibilities).
7. Revoke and end command
Revoke or cancellation of the assignment
If not started working at the project, project can be cancelled but the client loses the non-refundable booking fee. If already started working at the project, the client is owed 50% of the project total sum. This is to cover resources and the time taking during the project up to the point of cancellation. If this is the case, client will have no rights to any mockups sent to the client and agrees to destroy them. Any tracked changes or work unfinished will not be implemented.
If there are independent circumstances, which means that Secrèt D'Artiste can not reasonably be expected to fulfill the assignment, Secrèt D'Artiste has the right to resign this assignment, without being obliged to pay any compensation or guarantee. In this case she is entitled to the fee for the work done up to that point and to compensation of the costs incurred up to that moment and she is obliged to make the results achieved available to the client. If conduct or actions on the part of the client are the cause that Secrèt D'Artiste can not reasonably be expected to fulfill the assignment, then Secrèt D'Artiste, in addition to the right to resign the order, is entitled to the full assignment fee.
Secrèt D'Artiste can never be held liable for errors in the text or the design, if the client carried out a check and gave its written approval. The client bears the risk of misunderstandings or errors with regard to the execution of the agreement if these find their cause in acts of the client, such as but limited to not timely or not delivering complete, sound and clear data/materials. Secrèt D'Artiste can not be held liable for errors of production companies. Client shall indemnify, defend and save Secrèt D'Artiste harmless from any and all suits, costs, damages, or proceedings, including, but not limited to, Secrèt D'Artiste services, pertaining to any and all litigation in which the client is a party. Client shall pay all expenses incurred by Secrèt D'Artiste including, but not limited to, all attorneys' fees, costs and expenses incurred should Secrèt D'Artiste be named a party in any litigation to which client is a party. Client shall further indemnify and hold harmless Secrèt D'Artiste from liability for any and all claims, costs, suits and damages, including attorneys' fees arising directly or indirectly out of or in connection with the operation of client, and from liability for injuries suffered by any person relating to the Client. In the absence of negligence, Secrèt D'Artiste will not be held liable for loss, destruction or damage of any kind resulting from items which are lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise, not for unauthorized use by others of such property. Secrèt D'Artiste will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruptions, loss of information, story plagiarism, etc...
Limitation of liability
Secrèt D'Artiste's liability for damage arising from an agreement with a client is always limited to the amount of the fee due to Secrèt D'Artiste.
Copies of materials
The client is obliged, where reasonably possible, to keep copies of materials and data until the order is fulfilled. If the client fails to do so, Secrèt D'Artiste can not be held liable for damage that had not occurred with the existence of these copies. The re-delivery of these copies of materials and data by Secrèt D'Artiste implies a new agreement with a separate fee to be charged.
Warranty delivered materials
In case of client provided images to be used in the project, the client acknowledges that he/she/they has obtained all rights and permissions to publish materials to be used in the project and shall be solely responsible for the materials and the validity of copyrights, trademarks and ownerhip claimed by the client. Client agrees to indemnify, hold harmless and defend Secrèt D'Artiste from any and all copyright and permission infringement action resulting from materials provided by the client. The project material client provides must not be a public domain work (unless client is the original author).
No guarantee of success
It is impossible to provide any guarantee about the outcome of the book performance. Secrèt D'Artiste will not be held liable for sale performance that does not meet the clients expectations.
9. Other provisions
General and special terms and conditions of the client do not bind Secrèt D'Artiste except if and insofar as these are not in conflict with the present conditions and insofar as Secrèt D'Artiste has accepted the applicability of such conditions in writing in so many words.
Belgian law applies to all agreements and commitments of Secrèt D'Artiste. In case of dispute concerning the offers, agreements and invoices of Secrèt D'Artiste, only the Courts of the District of Dendermonde and/or the Justice of the Peace of the canton of Sint-Niklaas are competent.