Terms and Conditions – Neptune Designs

Terms & Conditions

Last updated 03/09/2024

CONFIDENTIALITY

All client information and materials are considered confidential and will only be used by Neptune Designs to provide a quote or to complete a project. Client and project information will not be shared with any third party unless otherwise requested by the client. Neptune Designs retains the right to use the client’s name and book title on Neptune Designs’ website for marketing purposes.

PAYMENT

The client agrees to pay a non-refundable 30% down payment before work begins on the project and to secure their booking spot. The remaining balance is due upon approval of the final design and final files will only be given upon confirmation that the final payment has been received.

Neptune Designs will not release finished files to the client or other parties until final payment has been received. The final payment is also the project’s final approval, and this contract will be considered fulfilled and thus, terminated. Final payment for the designs would be due within 7 days after the payment invoice is sent to the client. After one month, there would be an additional 5% liability per week on the part of the client. However, if more than three months pass without payment of dues, the client will be charged with $80 in addition to the existing payment.

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.

All Neptune Designs payments should be made via Square.

CANCELLATION AND REFUND POLICY

The client or Neptune Designs may cancel agreements at any time by providing written notice to the other party. If either the client or Neptune Designs cancels a project before work has started, neither the client nor Neptune Designs is under further obligation to the other, and agreements will be considered canceled. The client understands that the deposit is non-refundable once the project has been booked.

If the client should stop or cancel a design job once it has started, the client agrees to forfeit the deposit. The client will have no rights to any mockups, concepts, and 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.

Neptune Designs reserves the right to suspend/cancel any or all services or goods provided, if; The client has long overdue outstanding invoices, or the client fails to comply with any provision of these terms and conditions or any other policy, directive, or requirement notified by Neptune Designs.

Neptune Designs reserves the right to suspend any project if a client: is unable to move forward after being shown more than a reasonable number of unique ideas and concepts, and/or shows reluctance in paying the final payment.

Fair notice will be given with 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 the full ownership of Neptune Designs.

OWNERSHIP RIGHTS

Upon receipt of full payment, Neptune Designs grants the client an exclusive license to use the final design artwork (PDF, JPEG, MP4, MOV or other publishing-ready format) for its intended purpose and associated promotional materials.

The client understands that they have no right to alter the final design in any way except to change the size for printing or digital display. If the client desires any alterations, they will consult Neptune Designs. The client understands that additional payments may be required to make these alterations.

The client agrees to abide by the terms of any license agreement for any images purchased by Neptune Designs through a third-party image provider for use in the client’s book cover design.

Neptune Designs retains copyright and ownership of all designs, draft materials as well as concepts of all designs, including images, elements, placement of elements, fonts and layout. Neptune Designs does NOT allow any third party to recreate the designs in any capacity for any platform.

RUSH ORDERS

In case of rush orders that are due within less than a week, Neptune Designs will try to accommodate the client. However, an additional fee of $80 to the total cost will be charged. For those orders that allow a relaxation of more than two weeks, it would be free of extra cost.

PRE-MADE PURCHASES

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

Pre-made book cover designs, and logos, and branding are exclusive one-time designs and only limited changes can be made.

Videos pre-mades are templates that are modified and only limited changes can be made. The client acknowledges the same template will still be sold in our store. Neptune Designs maintains the rights to the template, layout, and design concept of any pre-made video template.

Pre-made designs will be delivered to the client within 10 days after the purchase is made.

TIME-FRAMES

Book cover design and logos

Neptune Designs will send 1-2 proofs unless previously discussed. Any extra proof will be charged a fee of $30.

Changes are limited to 20 TOTAL that may be made after the initial proofs. Each additional change will be $10. This may include, but may not be limited to, font changes, color changes, image mood changes, mix and match of proofs, etc.

Book trailers and video edits

Neptune Designs will send 1-2 proofs unless previously discussed. Any extra proof will be charged a fee of $50.

Changes are limited to 12 TOTAL that may be made after the initial proofs unless previously stated in the package listing. Each additional change will be $15. This may include, but may not be limited to, font changes, color changes, image mood changes, mix and match of proofs, music, overlays, transitions and effects changes, etc.

 

Once final files are sent and additional changes need to be done, an additional fee starting at $40 will be charged based on the changes needed and the number of files that need to be changed.

Please try to book your service as soon as possible and well ahead of any scheduled deadlines. Each additional change will take extra time on Neptune Designs’ part to complete and delay the completion of the final artwork. Neptune Designs is not responsible for missed deadlines on the Client’s end due to additional changes.

DESIGN SERVICES

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

The client provides the MAIN cover image. This ensures that the client maintains the rights to said image. 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.

ACKNOWLEDGEMENTS

By hiring Neptune Designs and using the final design or video edit, the client agrees to credit the company in the following ways;

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

LIABILITY

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 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.

CODE OF FAIR PRACTICE

Neptune Designs acknowledges that to the best of his/her knowledge, the work prepared 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 Neptune Designs products in any way that may infringe upon the rights of others.

NO ARTIFICIAL INTELLIGENCE (AI)

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

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.

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.

By contracting Neptune Designs, you acknowledge all images, book covers, graphics, illustrations, videos, audio, and music provided 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.

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.

ENTIRE AGREEMENT

These terms and conditions, together with any additional agreements or documents incorporated by reference, constitute the entire agreement between Neptune Designs and the client concerning the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral. By acknowledging this contract, the Client agrees to hold Neptune Designs entirely free from any liability, including financial.

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