1. DESIGN PROCESS

1.1. Unless otherwise agreed in writing, Neptune Designs will provide up to two (2) initial design concepts. If additional concepts are requested or a new concept is requested after modifications have already been made to a concept, a fee of $200 per additional concept will apply.

1.2. The Client accepts the following process for the booked project:

• Initial concept presentation for feedback and approval of the overall design direction for the first design.
• Revisions to refine the selected concept.
• Once approved, a finalized version of the cover will be presented.
• Revisions must align with the approved concept. Changes that alter the overall style will incur additional fees.
• After final approval, the Designer will export all files and issue the final invoice.

Once payment is completed, the Designer will send all available deliverables included in the booked package.

1.3. A maximum of 15 revisions is allowed. Additional revisions will incur a fee. A revision is defined as a change to existing elements (color adjustment, typography tweak, layout adjustment, etc.). Significant changes, including requests for entirely new concepts/change of art direction from the initial brief provided, will incur a new concept fee.

1.4. Final files will be delivered within 7 business days following final approval and submission of final payment.

1.5. The Designer will deliver the first concept within 10-12 business days from the booked date. All deadlines will be communicated and must be agreed upon by both parties. Any new concepts requested will take an additional 10-12 business days each.

1.6. Series continuations must align with the first(s) design(s). This includes base composition, color, and lighting balance, perspective, and typography. In the event that the concept substantially changes art direction from the rest of the series’ design already designed, it will be considered a new booking, and it will be charged at Neptune Design’s current prices, and no discounts will be applied.

1.7. The Client must provide the MAIN cover image for model covers. Extra details and small elements are included in the cover design package and will not be the client’s responsibility. By supplying Neptune Designs with materials subject to intellectual property rights by a third party, the client will secure the appropriate rights and licenses to use the materials before directing the designer to incorporate them into their project. Neptune Designs reserves the right to request a copy of secured rights. Should any intellectual property dispute arise involving the client’s materials, the client assumes full legal and financial responsibility.

1.7. Additional print files or resizes will incur a fee. Additional work after the project termination will be quoted and billed at the current rates or the Designer’s hourly rate and subject to availability.

2. PAYMENT TERMS

CUSTOM BOOK COVERS AND VIDEO EDITS

1. Deposit: The client agrees to pay a non-refundable, non-transferable 30% down payment to secure the booking slot.
   
   
2. Final Payment: The remaining balance is due upon approval of the final design, and final files will only be released upon confirmation that the final payment has been received.

2.1. Work on the project will not commence until the initial deposit has been received. Failure to make the deposit payment within 72 hours will result in forfeiture of the Client’s reserved design slot.

2.2. Final deliverables will not be released until final payment has been received. Final payment also serves as the Client’s formal approval of all designs, and the project will be considered complete unless further revisions are needed and/or additional deliverables are still in the works and marked as pending.

2.3. In the case that additional work is required after final files are sent, it will be subject to the Designers’ availability, and additional fees will apply.

2.4. Neptune Designs 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.

PRE-MADE BOOK COVERS & VIDEOS

2.5. All sales are final and are non-refundable. Payment is due up-front.

2.6. Premade purchases are sold as-is. Additional revisions and changes will incur an extra fee depending on the complexity and number of revisions needed. Subject to Neptune’s availability.

2.7. Late payments beyond 15 business days from the due date may incur a 5% monthly late fee on the outstanding balance.

2.8. All Neptune Designs payments should be made via Stripe or Square. We DO NOT save payment information, nor do we auto-charge. All payments must be manually made by the client at the time of receiving the emailed invoice. We do not accept payments made via PayPal.

2.9. Prices are subject to change at any time and without warning. Price is only guaranteed upon receipt of the deposit.

3. CANCELLATION AND REFUND POLICY

3.1. The Client may cancel this Agreement prior to the payment of the deposit without penalty. Once the deposit has been paid, the deposit becomes non-refundable.

3.2. The Client may terminate the project at any time by providing at least 5 business days’ written notice. Upon termination, the Client must pay for all work completed to date at the Designer’s rate or hourly rate. No refunds will be issued, and all rights to the work produced will remain with the Designer. Failure to complete payment on time will incur additional fees.

3.3. The Client is prohibited from reproducing or recreating the design concepts, layouts, or ideas developed by the Designer.

3.4. Should the project be suspended or delayed due to unforeseen personal or business circumstances on the Client’s part, the Client will be billed for all work completed up to that point, and subject to cancellation or reschedule at Neptune’s current availability.

3.5. Neptune reserves the right to terminate this Agreement immediately if:

• The Client is unresponsive for 14 consecutive days.
• The Client substantially changes the agreed design direction.
• The Client fails to make timely payments.
• The Client engages in disrespectful, offensive, or abusive behavior towards the Designer.
• The Designer has provided multiple design options and solutions, but the Client remains dissatisfied, and further collaboration is deemed unfeasible by the Designer.
• The Client fails to comply with any provision of these terms and conditions or any other policy, directive, or requirement notified by Neptune Designs.
• The Client shares publicly work-in-progress or unfinished material without the Designer’s permission.

3.6. If the Designer becomes ill or otherwise unable to complete the project, the Client and Designer will mutually determine the next steps. If no work has been completed, the Client will receive a full refund. If partial work has been completed, the Client will be billed accordingly.

3.7 Fair notice will be given with a 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 in full ownership of Neptune Designs. The client will have no rights to any mockups, concepts, or any element sent to the client and agrees to destroy them. In any situation, type, or form, any draft material should be recreated by a third party.

4. CLIENT RESPONSIBILITY

4.1. The Client must maintain timely communication. Delays caused by the Client’s failure to respond may result in revised timelines or project termination.

4.2. The Client is responsible for proofreading all designs. The Designer is not liable for errors caused by incorrect information provided by the Client. Post-completion changes will incur additional fees.

4.3. The Designer is not responsible for cultural or symbolic sensitivities unless the Client explicitly discloses such requirements in advance. Any post-approval changes requested on this basis will incur additional charges.

4.4. The Client must provide feedback within seven days of receiving proofs. Lack of response after multiple follow-ups will result in automatic project termination, with billing for completed work.

4.5. The Designer cannot transfer font licenses. The Client is responsible for purchasing the required font licenses. The Designer will provide the necessary links and information to acquire the fonts.

4.6. The Client must adhere to all third-party image licenses secured by the Designer. The Client is responsible for re-licensing any stock images if sales exceed the stock provider’s print limit. The Designer will provide licensing information upon request. DepositPhotos has a 500,000 copies limit, EnvatoElements unlimited.

4.8 Client must provide the necessary measurements for print files or templates from their preferred printer. It is not the Designer’s responsibility to search for these, and any resizes or additional print files requested due to tweaks and modifications needed will incur a fee.

5. OUT-OF-SCOPE AND RUSH ORDERS

5.1. Additional deliverables or requests outside the agreed project scope must be requested in writing and will incur additional charges.

5.2. Rush work will incur additional charges, which will be disclosed in writing and accepted before work begins.

5.3. Additional print files or resizes will incur a fee. Additional work after the project termination will be quoted and billed at the current rates or the Designer’s hourly rate and subject to availability.

5.4. The Designer reserves the right to decline additional work.

5.5. Deadlines may be adjusted to accommodate out-of-scope requests.

5.6. Editable files (PSD, AI, INDD, AEP) are not included as a deliverable in any package. They must be requested in writing. Neptune Designs reserves the right to decline sharing any editable files and will consider each request on a case-by-case basis. Additional fees and conditions apply and will be communicated in writing.

6. OWNERSHIP, RIGHTS & CONFIDENTIALITY

6.1. Upon full payment, the Client receives an exclusive standard license to use the final design. Unauthorized use may result in termination of this license. The deliverables cannot be shared with publishers or republished in different formats without written permission.

6.2. The Client may not alter, modify, or edit the final design and files without the Designer’s written consent. Modifications will incur additional charges depending on complexity. If alterations are required after final delivery, the Client agrees to contact the Designer to request such changes at the Designer’s rates.

6.3. The exclusive standard license doesn’t allow creation of other products for sale or resale without an extended commercial license from the Designer. Bookmarks, PR packages, stickers, postcards, and such need an extended commercial license from the Designer.

6.4. The exclusive license doesn’t allow sub-licensing and isn’t transferable.

6.5. The exclusive standard license is exclusively for independent authors and book boxes. It doesn’t include publishers (domestic and foreign). In the event that a publisher wishes to obtain licensing, different rates and conditions apply. This also applies to audiobook companies.

6.6. Only book titles’ PNGs can be used in interior design. No parts of the cover elements can be isolated, cropped, or reused for interior, promotional marketing (such as social media backgrounds), printables (such as PR boxes, mailers, bookmarks, etc.), or continuation for special editions (such as endpapers, edges, hardcover, dust jackets, audiobook covers, etc). without the Designer’s consent at the Designer’s standard rates. Under no circumstances can a design be replicated or continued to create a new design.

6.7. The Designer retains copyright to all design concepts, layouts, and creative elements. The Client may not permit third parties to copy, recreate, or modify/alter/tweak the design.

6.8. Client information will be treated as confidential and only used for project purposes. All communication between both parties shall remain confidential.

6.9. The Designer reserves the right to display and promote the final design in their portfolio, website, and social media channels once the Client has publicly released the work.

6.10. The Client represents and warrants that all text, images, and other materials provided to the Designer for use in the project are owned by the Client, properly licensed, or otherwise legally authorized for use. The Client agrees to indemnify and hold harmless the Designer from any claims, damages, or legal actions arising from the use of such materials.

7. ACKNOWLEDGEMENTS

7.1. By hiring Neptune Designs and using the final artwork or video edit, the Client agrees to credit the Designer in the final publication and, where applicable, in marketing materials and social media in the following format:

• Cover Design by Gisel at Neptune Designs
• Video Edit by Gisel at Neptune Designs

8. LIABILITY

8.1. Neptune Designs, its employees, affiliates, and contractors shall not be liable for any incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including loss of business or reputation or loss of data in any way related to our services. Neptune Designs shall not be liable for data loss, project delays, or unforeseen damages.

8.2. Neptune Designs is not responsible for any claim or loss based on errors or any other inaccuracies appearing on our site or in our clients’ written documents, such as printed versions of the design projects of any kind, including, without limitation, as a result of any breach of the terms and conditions of this agreement.

8.3. Neither party shall be held liable for any delay or failure in performance due to causes beyond their reasonable control, including but not limited to acts of God, natural disasters, acts of war, government actions, pandemics, or power outages. In the event of such a delay, the timeline will be adjusted accordingly.

9. CODE OF FAIR PRACTICE

9.1. Neptune Designs warrants to the best of his/her knowledge that all work is an original creation and does not infringe on any third-party rights. The Client and/or others may not use Neptune Designs products in any way that may infringe upon the rights of others.

9.2. In the event of a dispute arising under this Agreement, the parties agree to attempt to resolve the matter in good faith through negotiation. If negotiation fails, the parties agree to submit the dispute to mediation before pursuing litigation. Any legal action shall be filed in the Designer’s local jurisdiction.

NO ARTIFICIAL INTELLIGENCE (AI)

9.3. Neptune Design does not support the use of Artificial Intelligence (“AI”).

9.4. Neptune Designs does not use any artificial intelligence (“AI”) technologies, including, without limitation, natural language processing, deep learning algorithms, machine learning models, or other generative AI, in the performance of the Services in the creation of any deliverables.

9.5. Neptune Designs carefully analyzes, to the best of our humanly possible perception, stock footage, graphics, and multimedia content when using them in all of our projects. We’re not responsible for stock sites not labeling their content as AI-generated and mistakenly using it in our designs. If any AI is detected in any of our productions, we will offer a free revision free of charge to replace the AI element.

9.6. By contracting Neptune Designs, the Client acknowledges that all images, book covers, graphics, illustrations, videos, audio, and music provided by the Client have not been AI-generated or used any type or form of generative AI. Neptune Design reserves the right to decline an element provided by the Client if any AI usage is suspected.

9.4. No part of the design process and final files should be continued or willingly submitted to AI software for post-processing by the Client or any third party.

10. CHANGES TO TERMS AND CONDITIONS

Neptune Designs reserves the right to modify these terms and conditions at any time. Clients are responsible for reviewing the terms and conditions periodically to ensure that they are aware of any changes. By continuing to use our services after any changes to the terms and conditions have been posted, clients are deemed to have accepted those changes.

11. ACCEPTANCE OF TERMS

This agreement does not constitute a work-for-hire contract. Neptune Designs doesn’t offer any type of work-for-hire. The Designer retains full copyright ownership of all designs, drafts, and concepts until final payment is received, at which time an exclusive standard license for the specified and agreed-upon writing is granted to the Client.

By hiring Neptune Designs, the Client and Designer acknowledge their understanding and acceptance of these Terms and Conditions.