Terms and Conditions
Basic Rights & Legal Stuff
All graphic design and custom artwork created by Sheenah Freitas of Tokki Book Designs is copyrighted and belongs to Tokki Book Designs. By working with Tokki Book Designs (hereby known as TBD), you are allowing TBD the right to display your final design and link to your work as part of their portfolio, web site, blogs, or any other promotional purpose. If you hire TBD through Upwork, Upwork rules and terms will be followed as well as terms expressed in this page unless stated otherwise; the right to display to your final design and link to your work as part of TBD’s portfolio, web site, blog, or for any other promotional purpose will be asked.
TBD reserves the right to reuse fonts, textures, and stock images previously used in other designs, however if a stock or any other design asset was provided by the client, that will not be re-used unless another client happens to provide the same image. Furthermore no final design will ever be reused. However, if a concept for a cover was rejected by a client, TBD does reserve the right to take rejected concepts and reuse them in premades or for other clients.
TBD is not to be held responsible or held liable for any errors contained in the final product after the final product has been approved by the client. It is the sole responsibility of the client to notify TBD of any errors during the revision process and before the final files have been generated. TBD cannot be liable to you or any third party for damages, including profits, lost savings, or other incidental, consequential, or special damages arising out of any errors approved by the client.
The client is not permitted to use any design in any way if it has not been paid in full. Once payment has been made, client is allowed to use their designs for their intended usage and for promotional purposes of their business.
The client and any other third party are not allowed to claim the design as their own nor are they allowed to resell the design without consent from TBD.
The client also agrees to any terms and conditions that apply to any stock photography license that has been purchased upon their behalf. If client provides any sort of text, graphic, artwork, design, etc. to be used for project(s), they are guaranteeing through this contract that they either own it or have permission to use it.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Payments & Expenses
A non-refundable 25% down payment is due once you’ve contacted TBD and have agreed to the initial quote. The remaining balance is not due until final approval of all designs have been made. Some projects will be broken up into “milestones” if more than one service has been selected by the client. Example: client wants two rounds of copy edits done + formatting for paperback and ebook. The project would be broken into the following milestones: Copy edit, Round 1; Copy edit, Round 2; Paperback Formatting; Ebook Formatting.
NONE of the final files will be sent until payment (or appropriate milestone) has been made in full. If client has contacted TBD through Upwork, disregard the down payment. Upwork’s escrow system will be sufficient enough.
Final payment is due within 14 days of the final invoice being sent. If payment is late, a 5% late fee will be added for each additional week that a payment isn’t made. If payment hasn’t been paid in more than 10 weeks, $100 will be added to the total of your bill.
For rush orders: a fee of 50% of your total, will be added to your bill and your project will be placed on an overtime schedule.
For stock photography: If you have TBD purchase the license for your stock photography on your behalf, you will be billed the difference if the price of any one image exceeds $20. You will also be billed for any additional stock photography that is purchased for your project(s) if it exceeds the number of stock images allowed in your package. Most standard licenses for stock photography (the license that TBD will pay for) do not allow the use of their image on more than 500,000 copies of a printed book (some cases ebook applies). If extended license is required for unlimited usage, client will be expected to pay for it.
Client reserves the right to cancel their project(s) at any time. If no work has been started, client does not owe any more money.
If client cancels the project(s) at any time during the project(s), client will be charged a cancellation fee of up to the full bill for their project(s) depending on how much work has been done.
TBD does not require design credit be given, but it’s always appreciated.
If interior design for a print book has been provided, please write: “Interior Design by Sheenah Freitas of Tokki Book Designs”
If ebook formatting has been provided, please write: “eBook Formatting by Sheenah Freitas of Tokki Book Designs”
If cover design has been provided, please write: “Cover Design by Sheenah Freitas of Tokki Book Designs”
If copy editing has been provided, please write: “Copy Editing by Sheenah Freitas of Tokki Book Designs”
If proofreading has been provided, please write: “Proofreading by Sheenah Freitas of Tokki Book Designs”
If any miscellaneous design work has been provided, a small shoutout is appreciated.
It is not required to provide the link back to TBD, but it’s always appreciated.
Code of Fair Practice
TBD acknowledges that to the best of their knowledge, the work prepared for each client is an original creation and has not been previously published and/or consent to use has been obtained on an unlimited basis. The work prepared does not contain any scandalous, libelous, or unlawful matter. The client and/or others may not use TBD in any way that may infringe upon the rights of others.
Both TBD and the client will acknowledge acceptance of these terms. By acknowledging this contact, the client agrees to hold TBD entirely free from any liability, including financial.