1. General
1.1 The following Contractual Provisions, Terms and Conditions govern the relationship between the Designer, Marta Bonesu – MKDesign | That Short Designer, and the Client for the graphic design services as described in detail in section 2 hereof.
1.2 Any deviations from the terms and conditions listed herein shall only apply with the express written consent of Designer.
Services and working method
2.1 MKDesign | That Short Designer is in charge of editorial graphics for self-publishers and possibly for publishing houses, in particular: graphic design of covers (ebook, paperback, hardcover, dust jacket, etc.), internal layout of novels, including special graphics for chapters and scene breaks, illustrations of maps, characters or scenes, promotional images and mockups, design of gadgets (e.g. bookmarks, stickers, bookplates, etc.), design of sprayed edges, book trailers.
2.2 Prior to accepting any request from the Client, the Designer requires a questionnaire to be completed in order to better understand the artistic and technical requirements of the Client and whether the Designer is able to fulfil them to the best of her ability, including a complete, print-ready manuscript (i.e. free of typos and corrections to be made) for possible layout. The Designer will also accept reference images if the Client considers this useful - but under no circumstances will the Designer reproduce a copyright protected design. Subsequently, the Designer will draw up a detailed quotation, including not only the costs of the commission but also the timing, process and all relevant technical specifications. The Client is obliged to specify any requirements prior to acceptance of the quotation, in order not to risk having to cover costs not previously agreed upon when work has started. Likewise, the Designer is obliged to explain in detail what she needs, what she can and cannot do, and in general to answer any doubts the Client may have at the preliminary stage.
2.3 Once the quote has been accepted and the deposit due has been paid, the Designer will start working. The process will be divided into: draft design (e.g. a schematic layout of the cover or page layout, or the sketch of the mannequins in the case of illustrations with characters), clean black and white draft to understand any tonal values and depth, low-resolution colour draft, final low-resolution file for final review. The Designer will share each phase with the Client in order to understand if the direction taken is the right one, in particular: between the design draft and the clean black and white draft, substantial change requests are allowed, up to a maximum of three, beyond which the quotation will have to be revised or whether it makes sense to continue the collaboration. Once the clean black and white draft has been accepted, only minor changes are permitted (to colouring, if feasible, typography, the positioning of certain elements if the general layout is not distorted, etc.); any substantial changes requested after this stage must be budgeted and paid for separately. Each draft will be shared in low resolution and with a watermark for protection.
2.4 For each graphic work that will be used by the Client in the form of a printed object, the Designer will make “home” proofs to ensure that the colours do not deviate too much from the digital version. It must be emphasised, however, that every printer is calibrated differently, both in terms of colours and cutting tolerances, so the Client is strongly advised to order draft copies before publication if possible. The Designer will not be held financially or legally liable for any problems, costs or fees that may occur as a result. The Designer accepts no liability if the Client decides to skip this stage and printing problems arise after publication. It shall, however, be the responsibility of the Designer to try to resolve the issue as quickly as possible, i.e. minor framing and colouring changes if necessary, even after payment has been made. The Designer accepts no liability in the event of printing errors that are attributable to the typography and not to the design.
2.5 The graphic works shall be delivered in the format and size requested by the Client, as previously agreed upon in the quotation. The Designer will never share the editable files of the graphic works, but may provide specific elements at the request of the Client (e.g. the title of the book on a transparent background), but only for the exclusive use of the object of the collaboration (e.g. it is not possible to use individual graphic elements on other graphic works that are not the object of the collaboration, either by the Client or by third-party Designers).
2.6 In the case of book layouts, the Client shall provide the Designer with the manuscript complete with colophon, any dedications and acknowledgements, well formatted so that it is obvious where a chapter/scene begins and ends, clean and free of errors, ready for printing in editable format such as .docx or .rtf. The Designer accepts no liability for pre-existing spelling or stylistic errors and, should the Client deem it necessary to correct the errors, a surcharge will have to be agreed upon.
2.7 In any case, the Client must provide the Designer with the correct final dimensions of the cover, such as the cut size and the exact number of pages; it is preferable to use a template. The Designer shall not be held financially or legally liable if incorrect information is provided.
2.8 The Designer declares that she does not make use of generative artificial intelligence tools (e.g. for the creation of images or texts) in the performance of the services covered by the agreement between the parties and guarantees that each item produced is the result of human work. In turn, the Client undertakes not to provide any materials generated by means of generative artificial intelligence (e.g. images, texts or other content), unless Designer has given prior written notice and approval. Otherwise, Designer reserves the right to refuse the use of such content and, if necessary, suspend or discontinue the service.
Use and copyright
3.1 Each order placed by Designer is a contract for the granting of the rights to use the work for an indefinite period of time, unless otherwise agreed, but not the ownership of the work itself, which remains with Designer. The Client may use the graphic works received from Designer for the use agreed upon in advance for as long as she considers necessary.
3.2 Drafts and final graphics may not be altered in the original (by the Client or a third-party Designer), reproduced for other, non-agreed purposes or transferred to third parties (e.g. a Publisher) without the explicit consent of the Designer. Any imitation, even partial, is not permitted. Violation of this Section 2.1 entitles Designer to demand a contractual penalty in the amount of 100% of the agreed remuneration in addition to the remuneration already agreed upon. It is therefore strictly forbidden for the Client to modify the design work commissioned from the Designer, either in person or by a third-party Designer. The Client may not, under any circumstances, claim paternity of the design of the work (i.e. declare itself to be the artist of the graphic work), remove or cut out the signature/brand of the Designer if and where present, apply their own brand name, resell the graphic work.
3.3 Draft and final graphics may only be used for the agreed scope of use (in terms of time, space and content). Any use beyond the agreed scope of use (in terms of time, space and content) is not permitted and entitles the Designer to claim a contractual penalty in the amount of 100% of the agreed fee for this extended use, in addition to the fee to be paid in any case.
3.4 The transfer of utilisation rights to third parties requires a written agreement with Designer. If the Client wishes to transfer the right to use the graphic works with an extended licence to a third party (e.g. a publisher), this must be agreed upon and paid for separately.
3.5 The utilisation rights, and consequently the high-definition files, shall only be transferred to the Customer after receipt of the agreed remuneration.
3.6 The Designer undertakes not to pass on the graphics commissioned by the Client to third parties, but does not guarantee that she will not re-use graphic resources (typefaces if not specifically created for the work commissioned by the Client, graphics and stock images, textures, etc.) if these are her property.
3.7 If the subject of the contract is the cover of a book (regardless of whether it is an e-book, a paperback or a hardcover), a page layout and/or the design of any illustrations or maps inside said book, the Client undertakes – in the event of publication – to state in the colophon of the book (or in an appropriate place) the following copyright: "Graphic design of [INSERT GRAPHIC WORK PERFORMED, E.G. COVER/PAGINATION/CARTOGRAPHY/ILLUSTRATIONS]: © Marta Bonesu – That Short Designer | MKDesign - www.grafica.thatshortwriter.it - Instagram: @thatshortdesigner". It will be the responsibility of the Designer to inform the Client of any other compulsory credits, such as the use of stock graphics. Instead, it shall be the sole responsibility of the Client to include such credits in the colophon.
3.8 The Designer reserves the right to insert her own trademark or signature to the graphic works, but it shall be her responsibility to position it in such a way that it does not detract from the final design. Such mark or signature may not be altered, deleted or cut out in any way.
3.9 The Designer reserves the right to publish the design commissioned by the Client on her social media and website for promotional purposes, subject to agreement on the timing (e.g. cover reveal). Likewise, the Client may share the graphic works wherever they deems necessary for promotional purposes.
3.10 If the Client decides to terminate the collaboration with the Designer after the commission has commenced, due to rejection of the design, inability to be contacted after two weeks or non-payment, any graphic work, whether draft or final, carried out up to that point shall remain the exclusive property of the Designer. This means that the Client may not share or use the drafts received during the collaboration in any way; the terms described in section 2.2 hereof shall apply. The Designer reserves the right to reuse such drafts at her own discretion (e.g. for a third-party Client), taking care to remove all references to texts and names that are present.
Payments and invoicing
4.1 Each commission is always budgeted and agreed upon with the Client prior to its commencement. Any request or substantial change to the graphic work not explicitly agreed upon in the estimate shall be the subject of a new estimate. Substantial change shall be understood as change of the main object/model, background, etc.
4.2 The Designer reserves the right to ask for an advance payment of up to 50% of the total remuneration before the commission begins. The balance of the agreed remuneration must be paid within 14 days after receipt of the invoice issued by the Designer and only after the Client receives the high-resolution files.
4.3 Once the final high-resolution files have been received, the Client may no longer request a refund. If the Client decides to cancel the commission after having paid the down payment, Designer agrees to refund the down payment in full, less any stock already purchased. There shall be no refund if the Client cancels the order after the work has been completed.
4.3 Payments by bank transfer or Paypal are accepted, for which regular invoices will be issued.
4.4 The prices indicated on the Designer's website are net of invoicing taxes (4% on taxable amount), the electronic revenue stamp of €2.00 for taxable amounts over €77.47, any use and purchase of commercial licences for stock material (e.g.: vector files, images, typefaces) and/or changes and additions that entail an increase in the final price, in agreement with the Client. The Designer reserves the right to change the prices indicated on her website when she sees fit, but the final cost of a commission will always be budgeted in agreement with the Client in full transparency.
4.5 The Designer reserves the unquestionable right to reject a request for cooperation if it does not reflect her style of work, personal ethics, decency, if it violates the laws or freedoms of others, or if the Client has been in default in the past.
Timing
5.1 Each project has a different complexity, which is why the Designer will establish a work timeline together with the Client and this will be set down in black and white in the quotation. The Designer undertakes to adhere to the agreed timelines, but shall not be liable for any delays on the part of the Client in responding to reminders, requests for material and the like.
Confidentiality
6.1 All information shared by the Client is deemed confidential. This information (names, addresses, tax data, etc.) shall not be disclosed to third parties. In turn, the Client agrees to keep sensitive information about the Designer confidential, including, but not limited to, legal names, addresses, telephone numbers, account numbers, financial and transaction information.
6.2 The Designer shall share the final design only after the Client has disclosed it themselves or has obtained written permission to do so. The Client is aware that previews and drafts received during the collaboration must not be shared on any website or social media without the approval of the Designer.
Changes to the Terms and Conditions
7.1 The Designer reserves the right to revise these Terms and Conditions at any time and without notice. The most recent Terms and Conditions shall supersede the previous ones. This right does not affect the existing Terms and Conditions accepted by the Client at the time of collaboration.
Last update: 1/2025