General Terms & Conditions
‘Ebook Designer’ is a trading name used by John Amy.
These Conditions shall be deemed to be incorporated in all contracts of Ebook Designer to sell goods and services and in the case of any inconsistency with any order or form of contract sent by the purchaser to Ebook Designer whatever may be their respective dates the provision of these Conditions shall prevail unless expressly varied in writing and signed by John Amy on behalf of Ebook Designer.
Ebook Designer retains the right to display any client projects in their portfolios, on their website, or on promotional materials, for the purpose of advertising and marketing our products and services both online and offline. In the case where projects contain any sensitive or confidential information, Ebook Designer will ask the permission of the client to display the content of a finished project. No content containing such information will be used for any promotional activity by Ebook Designer, unless such permission is obtained.
All work carried out by Ebook Designer remains the property of Ebook Designer unless a prior agreement in writing is established.
Any visual(s) sent to the client, remain the sole property of Ebook Designer, and cannot be used in any other way than to review the content. Visuals are strictly the copyright of Ebook Designer. Any attempts to reproduce the content of these by the client, or a third party is in breach of the copyright, and will result in acton being taken against them.
Whether copyright is passed to a client or not, any previous concept and development work or artwork elements including papers and digital files will remain the sole property of Promo Design.
Any photographic and/or digital illustrations/images supplied to Ebook Designer by a client must have the authorisation of the photographer or illustrator. It will be presumed that this authorisation has been obtained. If copyright infringement occurs, it will be the responsibility of the client. For royalty free, rights managed or other digital rights for images that require purchase by Ebook Designer, on the clients behalf for a project, these will be free unless a specialised expensive image. In such a case, payment for these will be additional to the agreed cost of a project. Where models, children or any person are shown in photographic images to be used for business purposes, the client must obtain a model release form, written confirmation, or email confirmation from each person shown. The laws on intellectual property are strict and breach of these can lead to prosecution. It is a clients responsibility to obtain the correct authorisation. It will be presumed that permission has been granted so any breach will be the client’s responsibility. Where images are to be used for saleable goods, to be sold on by a client (including web image downloads), extended image licenses must be purchased prior to production or sale of these goods.
Ebook Designer shall make every effort to obtain the best possible colour reproduction of the client’s work. The client must be aware that screen colours or low quality digital print-outs do not adequately represent the final print output.
The Client must: ensure that colour photograph(s) that are submitted are suitable for the work in hand as Promo Design cannot accept any liability for unsatisfactory results caused by unsuitable or inferior photographic originals.
Prices that Ebook Designer supply are not offers to enter into legally binding contracts, but merely indications of the price that Ebook Designer would charge to undertake a particular type of work. If the project is complex the price will be altered accordingly.
Once the final design has been agreed upon, the remaining balance must be paid in full, before final artwork is passed to the client, unless other terms have been agreed by prior arrangement. Payment is due in full, seven days from invoice date unless arranged otherwise.
This is clearly stated on the invoice. You are required to pay for our time, and any prices quoted and agreed need to be paid for regardless of whether they are used by the client or not. Ebook Designer operates a minimum artwork fee of £30 for any project. If external print is required, the full amount must be paid prior to production. Ebook Designer are happy to recommend print suppliers and obtain quotations on a Client’s behalf (free of charge). Ebook Designer typically obtain quotes from three regular suppliers to get the best possible price for their clients. Print purchases are billed direct by the Printer (to the Client) following delivery.
Generally books I produce are print-on-demand. In this case you will submit files directly to Amazon KDP for instance.
Print purchases are billed direct by the Printer (to the Client) following delivery.
NatWest Bank
Account Name: John Amy
Sort Code: 60-40-04
Account No: 01234064
PayPal is also available.
Details on request.
If the Client cancels an order after Ebook Designer have commenced work on it, the Client shall be charged the full order value or such lower amount as Ebook Designer may (in their sole discretion) determine.
Overdue accounts will incur a £30 administration charge on production of overdue invoice and accompanying letter. This will be sent if you fail to contact Ebook Designer about your account, the day after the account is due. After the final demand requiring payment within 7 days recovery acton will continue on your account and ultimately your account will be sent to an External Debt Collection Agent.
Any work undertaken by Ebook Designer will require confirmation from the client. This confirmation can be sent in writing or by email. Approval/authorisation sent by email is a legally binding contract.
During any project there are stages in the process that will require confirmation, such as the signing of of a proof, instructions to proceed with any printing/production, the approval of a set of photographic images etc. Without such confirmation no further steps will be taken. These steps are in place for the protection of both Ebook Designer and the client. Emails or phone calls are the norm.
Without prejudice to other remedies, Ebook Designer shall have the right not to proceed further with an order and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Client if:
- the Client ceases to pay their debt in the ordinary course of business or cannot pay their debts as they become due; or
- being a company, the Client is deemed to be unable to pay their debts, or have an
administration order or a winding-up petition issued against them; or
- being an individual, partnership or unincorporated body, the Client commits an act of bankruptcy or has a bankruptcy petition against them. This charge shall be an immediate debt due to Ebook Designer. Any concessions made or latitude allowed by Ebook Designer to the purchaser shall not affect the strict rights of Ebook Designer under the contract. If in any particular case any of these Conditions shall be held to be invalid or shall not apply to the contract the other Conditions shall continue in full force and effect.
The contract shall in all respects be governed by English law and shall be deemed to have been made in England and the purchaser and Ebook Designer agree to submit to non-exclusive jurisdiction of the English courts.
John Amy
Bromley, South London, UK
Telephone: 020 8462 0969
Mobile 07773 218 349