Terms of Service

PARTIES

This Agreement is between Immortal Woods Books (“Designer”), operating in the country of Canada, and YOU, the “Client” for book formatting services.

CUSTOM PACKAGES

PACKAGE PRICE
BASIC $40 USD
LEVEL 1 $70 USD
LEVEL 2 $100 USD
LEVEL 3 $140 USD

All custom packages are limited to two free revisions.

PREMADES

Premades are not subject to design modifications.

Once a premade design has been paid for, all sales are final and can not be returned, exchanged, transferred, or refunded.

CONFIDENTIALITY

  1. All Client information and materials are considered confidential and only for use by Immortal Woods Books 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.
  2. Immortal Woods Books retains the right to use Client’s name and book title on Immortal Woods Books website and social media to market and promote our services.
  3. Under no circumstances will any information be shared with anyone who is not a part of the Immortal Woods Books design team.

OWNERSHIP RIGHTS

  1. Upon receipt of full payment, Immortal Woods Books grants the Client exclusive license to use the formatting design artwork (PDF, EPUB, and other publishing-ready formats) for their book and/or e-book and associated promotional materials.
  2. The Client agrees to abide by the terms of any license agreement for any images purchased by Immortal Woods Books through a third-party image provider for use in formatting the Client’s book.
  3. The Designer purchases a standard license for any stock photos used for formatting. The license to use these images is limited to a print run of 500,000 units. For books with a print run over 500,000, an extended license must be obtained and are subject to additional costs. Images used for the Client’s book are royalty-free; however, the photographer owns the copyright to those photographs, and they cannot be distributed in any manner other than in the formatting design.
  4. Immortal Woods Books retains copyright and ownership of all design and draft materials.
  5. Access to original creation files will not be provided with payment or final files. Immortal Woods Books does not have to send these files with final files and does not have to transfer any copyright over to the Client during or after the design process.
  6. The Client acknowledges they hold the intellectual rights or permissions to the manuscript, cover text, and art they provide for formatting and accepts responsibility for complying with copyright laws and obtaining the necessary permission to use any elements of provided text, graphics, photos, music and song lyrics, designs, trademarks, or other created work to be included in the final product.
  7. The Designer reserves the right to ask for proof of permission at any given time.
  8. The Client agrees to indemnify, hold harmless and defend Immortal Woods Books from all libel and copyright and permission infringement resulting from any materials the client provides.
  9. The book must not be a public domain work, unless the client is the original author.

ATTRIBUTION

  1. Formatting credit is required on the copyright page of the Client’s book, written as: Interior Formatting © Immortal Woods Books

CLIENT RESPONSIBILITIES

  1. The Client understands what each package includes and that the terms and prices are non-negotiable.
  2. The Client is required to have read this contract and have the deposit or full payment made, and the design brief filled out a week before or as soon as possible before their ‘week commencing’ date.
  3. The Client understands that the agreed upon formatting timeline is an estimate, and subject to change based on the needs of the design process and the timeliness of Client design feedback.
  4. Due to the nature of bookings, the Client must give enough notice for any bookings and requirement of final files.
  5. The Designer is not responsible for fulfilling the Client’s timeline or publishing schedule.
  6. The Designer cannot foresee issues that may arise regarding family obligations, personal issues, sickness and/or technical issues that may delay work. In these instances, the Client will be asked to reschedule or to expect a delay but will not be given a partial or full refund.
  7. The Client will utilize all aspects of the design brief to supply all important information, including interior designs that match their prospective market, integral design details (character descriptions, relevant objects, themes within the story, important plot points), and any other information to help make their design as unique and their design brief as clear as possible for their book and their needs.
  8. The Client will have their manuscript in formatting condition as outlined in the FAQ page upon delivery or will experience a timeline delay or full cancellation of the booking without a deposit refund.
  9. The Client understands they must play an active role within the process of interior book design until the point of approval. This could be done with clear and concise feedback, or helping the Designer with finding stock images, if the designer has failed to find adequate matches to the details given to them by the Client.
  10. The Client is fully responsible for proofing the final files. It is strongly suggested that the Client obtains printed proofs from the printer for approval prior to approving the book for sale or ordering bulk copies. At no time will Immortal Woods Books be held financially or legally responsible for any problems, costs, fees or expenses incurred by the Client as a result of using the formatting design.
  11. The Designer takes no responsibility for errors made unless it is their mistake.
  12. The Client acknowledges that human error does occur.
  13. Any mistakes found after approval and the twenty-four-hour period of sending final files are the Client’s responsibility and they become liable to a charge of the hourly rate of $20 USD to make appropriate changes for all files involved.
  14. The Client understands that due to the nature of printing presses, there may be variations between printed copies and printers. For example, images appearing darker or lighter from different printing presses. The Designer cannot be held responsible for the final printing of a PDF supplied by them to the Client. Especially once approved by the Client.
  15. The Designer will allow ONE free change to a PDF if there is a printing issue. For example, if images are too dark/light, or custom text (diary entries, text massages, etc.) is insufficiently sized for reading.
  16. Once this one change has been made, any additional work needed is the Client's responsibility and they will be required to pay an hourly rate of $20 USD for changes. This will need to be purchased per change.
  17. It is the Client’s responsibility to acknowledge that Immortal Woods Books can change their terms and conditions to best suits the needs of the business without any warning to the Client.

INDEMNITY & LIABILITY

  1. Immortal Woods Books 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 our services. Immortal Woods Books is not responsible for any claim, loss, or injury based on errors or any other inaccuracies appearing on our site or in our Clients’ written documents, including without limitation as a result of any breach of the terms and conditions of this agreement.
  2. After receipt of final files, the Client is liable to any additional charges for errors found or changes required.
  3. The Client acknowledges that their approval of a design is final, and therefore take ownership of the work created between themselves and the Designer.

PAYMENT

  1. Full payment is required upfront for all premade formatting designs and basic formatting.
  2. The Client understands that design requests beyond the scope of the outlined formatting packages will incur additional charges.
  3. The Client agrees to pay a non-refundable 50% deposit to schedule their spot and before work will begin on a custom formatting project. The remaining balance is due upon approval of final formatting design.
  4. Immortal Woods Books 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 this contract will be considered fulfilled and thus, terminated. Immortal Woods Books 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.
  5. Immortal Woods Books reserves the right to re-purpose unused mockups to be sold as premades. Immortal Woods Books also reserves the right to re-purpose any design where final payment has not been paid within a specified amount of time agreed upon by Immortal Woods Books and the Client.
  6. Prices are subject to change at the Designer's discretion.

CANCELLATION POLICY

  1. The Client or Immortal Woods Books may cancel agreements at any time by providing written notice to the other party. If either Client or Immortal Woods Books cancels a project before payment, and before work has started, neither the client nor Immortal Woods Books is under further obligation to the other, and agreements will be considered cancelled.
  2. If the Client should stop or cancel a formatting design job once it has been booked, the Client agrees to forfeit 50% of the project total sum (the non-refundable deposit portion). This is to cover the spot you booked on the calendar, resources, and/or 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. If the Client should stop or cancel a formatting job once it has started, the client will pay for the work completed through the date of cancellation.
  3. The Client acknowledges the deposit is non-refundable and non-transferrable.

PROJECT SUSPENSION

  1. Please trust us to do the job you are paying Immortal Woods Books to do, and take suggestions, and ideas, to be in your best interests.
  2. The Designer has the right to suspend any project if a Client interferes with excessive micromanaging, demonstrates a continued lack of trust and inability to move forward after showing more than a reasonable number of formatting ideas/concepts, and/or shows reluctance in paying the final payment.
  3. Fair notice will be given with fair chance to remedy the situation without resorting to project suspension or termination. Any suspension or termination will not result in any refunds and all designs and work thus developed remain the full ownership of Immortal Woods Books.
  4. Failure to show trust in any aspect may result in project suspension with no return of payment or file.
  5. Micro-managing, outside influence, forced direction or abusive behavior during development of a project will not be tolerated.

COMPLETE AGREEMENT

  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.
  2. Errors do not affect the contract.
  3. These terms and conditions are non-negotiable.
  4. It is the Client’s responsibility to read the terms and conditions listed out by the Designer and Immortal Woods Books.
  5. By paying the invoice sent by Immortal Woods Books, the Client is agreeing to these terms and conditions even without signing the contract.