Terms and Conditions
TERMS OF SERVICE
This website is operated by Open Book Design LLC. Throughout the site, the terms “we,” “us,” “the company,” “ourselves” and “our” refer to This website is operated by Open Book Design LLC. “Client,” “you,” “user” and “your” refers to you. “Party,” “parties,” or “us,” refers to both the Client and ourselves, or either the Client or ourselves. This website is operated by Open Book Design LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
All the information that clients share with us is considered confidential, and will only be used by This website is operated by Open Book Design LLC herein OBD to provide a quote for our services, or to complete a book cover design project.
Information will not be shared with any third party, unless requested by our client. We will not liaise with third parties (such as printers, publishers or editors) on behalf of our clients, and request that clients do not pass on our information or e-mail addresses on to any third parties other than as a new client referral.
RIGHTS OF OWNERSHIP
When payment in full is received, OBD will grant the client exclusive license for the final cover design. We will provide the design in PDF, JPG or other publishing-ready format as requested.
OBD grants the client no rights to alter the completed design in any way. We do not provide the client with source files.
OBD licenses images from Shutterstock.com. Any image licenses purchased outside Shutterstock will be billed to the client. The client must abide by the terms of license agreements for the images used in the cover design by OBD.
The cost of your cover design includes the rights to use the complete book cover up to a print-run of 500,000 units, or sales in the case of ebooks. If necessary, this 500,000 limit can be extended, for an additional cost. It is the client’s responsibility to inform OBD before this occurs.
OBD shall be held harmless for any claims made against any images or artwork provided by the client.
It is the client’s responsibility to order a proof copy of their cover design from their printer before the book goes on sale.
In the case of any problems or expenses incurred by the client in relation to using the cover design, OBD takes no financial or legal responsibility.
Client must provide an actual size template from their printer or publisher, to fit the final design so that OBD can produce a print-ready file if OBD is unable to obtain a template independently. Cost quoted for our services do not include the production of final printing templates. OBD may be able to produce such templates in exceptional circumstances, only with prior agreement, and for an additional charge.
The client agrees to pay a 50% deposit or 100% upfront in order to have their project scheduled. The balance is payable when the client accepts the cover design concept, even if unfinished.
If the first concept is rejected, Client shall receive up to one additional unique concept at set price point. Additional concepts will incur additional fees.
Once written acceptance of the cover design concept and final payment and has been received, OBD regards this as final approval of the overall design, and the contract fulfilled. OBD agrees to make amendments to cover layout, text, and page count only after this time and until the design is submitted to a printer for a first proof.
For interior book design, client must submit a proofed final manuscript. Any changes to text by the author after submission will incur additional fees at $50 per instance plus $2 per edit.
OBD will make color tone to the design at no extra charge one additional time after the design has gone into proofing. After this time, OBD reserves the right to request payment for any requested changes.
Either client or OBD may cancel a project before the start date by providing written notice, and will be under no further obligation to the other party. See refund policy.
If, after the initial deposit has been paid, and work has started on the design, the client chooses to end the project, the client agrees to forfeit the deposit already paid. If the client has paid in full to receive a $25 discount, client will receive a 50% refund. This is to cover costs and time already incurred by OBD. If OBD ends the project, client will receive a partial refund on the amount paid to be determined by OBD.
GENERAL TERMS AND CONDITIONS
This contract sets out your rights and responsibilities when you use OBD. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Please note that Section 23. Disputes with OBD, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted locally by SiteGround.com with a payment processor handled PayPal. They provide us with the online e-commerce platform that allows us to sell our services to you.
SECTION 1 – ACCEPTING SITE AND ONLINE STORE TERMS
By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – SERVICES
Certain services may be available exclusively online through the website. These services may have limited “shelf time” and are subject to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our services at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. All descriptions of services or service pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited.
We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – FREE UPDATES
Free updates mentioned on the site, is applicable to services sold in the store only. This offer is valid for all buyers for an indefinite period of time. There is no specific delivery time and duration on how this offer will last, and we reserve the right to halt this offer at anytime of our choosing.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Refund Policy.
SECTION 8 – PAYMENT
For customized web design projects, a 50% upfront of the agreed quote is required before the real stages of work can begin. Additional charges (charged per hour) will be added to the original quote should any major changes are added during the development stage.
The remaining 50% will be requested upon work completion/full acceptance by the client. Payment period for the remaining 50% stands at 7 working days after confirmation of project completion. Completed work/source files/and any other materials will only be released once the remaining 50% has been received.
PayPal handles all our online payment transactions for our online store. They accept all major credit cards including PayPal. For web design projects with customized requirements, all invoiced payments can be made through PayPal. All services remain the property of the company until paid for in full.
PayPal always encrypts credit card information during transfer over networks.
SECTION 9 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 – THIRD-PARTY LINKS
Certain content, services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example general inquiries through our online contact form) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 – PERSONAL INFORMATION
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 – LICENSE
You do not have the rights to resell, sublicense or redistribute (even for free) any files on its own or as a separate attachment from any of your work. If you wish to promote our resources on your site, you must link back to the resource page where users can find the download and not directly to the download file.
SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Open Book Design LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Open Book Design LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforcability of any other remaining provisions.
SECTION 19 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 – REFUND POLICY
Due to the nature of the services offered on this website, we reserve the right to not offer a refund as a return of services is impossible.
Certain degree of knowledge and skills are required to fully utilize our services. We shall not be deemed responsible for any unsatisfactory claims resulted in lack of resources in order to take full advantage of the features.
Any and all issued refunds including shopping cart quantity errors will have third-party transaction fees from PayPal to seller deducted from the balance.
SECTION 21 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States of America.
SECTION 23 – DISPUTES WITH OBD
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
A. Governing Law. The Terms are governed by the laws of the State of Arizona, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
B. Arbitration. You and OBD agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis–class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and OBD are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
C. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules.
D. Forum. We’re based in Tucson, Arizona, so any legal action against OBD related to our Services must be filed and take place in Tucson, Arizona. For all actions under the AAA Rules, the proceedings will be in Tucson, AZ, or otherwise conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances under the AAA Rules. For any actions not subject to arbitration, you (where your contract is with OBD) and OBD agree to submit to the personal jurisdiction of a state court located in Pima County, Arizona or the United States District Court for the District of Arizona, you and OBD agree to submit to the personal jurisdiction of the courts of the United States.
E. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Arizona.
F. Modifications. If we make any changes to this “Disputes with OBD” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against OBD prior to the date the changes became effective. OBD will notify you of substantive changes to the “Disputes with OBD” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send OBD a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and OBD in accordance with the provisions of this “Disputes with OBD” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
SECTION 24 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: firstname.lastname@example.org
Open Book Design LLC
P.O. Box 31944
Tucson, AZ 85751-1944