1. CONFIDENTIALITY

All communication between Neptune and the client. including project 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.

2.PAYMENT

• CUSTOM BOOK COVERS AND VIDEO EDITS
  
  The client agrees to pay a non-refundable 30% down payment to secure the booking slot. 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. If no payment is received, a late fee will be added.
  
  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
  
  All sales are final and are non-refundable. Payment is due up-front.
  
  Premade purchases are sold as-is. Additional revisions and changes will incur an extra fee depending on the complexity and number of revisions needed.

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.

3.CANCELLATION AND REFUND POLICY

The Client may cancel agreements by providing written notice to the other party with at least two weeks’ notice. If the client 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 and pay for the work completed up to that point at the Designer’s hourly rate. 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.

If Neptune Designs cancels a project before work has started, a full refund will be given.

Neptune Designs reserves the right to suspend/cancel any or all services or goods provided if:

1. 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.

2. The 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 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.

4. OWNERSHIP RIGHTS

Upon receipt of full payment, Neptune Designs grants the client an exclusive license to use the final design artwork for the agreed-upon purpose and for promotional purposes only. Artwork cannot be used for other products for sale or resale without an extended commercial license from the Designer.

The client understands that they have no right to alter the final design in any way. 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 understands that part of the artwork or deliverables cannot be reused for other material without the designer’s approval. This includes cutting parts of the artwork for promotional material, such as social media posts or print materials, or using PNGs for a different book format, such as using the title’s PNG for eBook or audiobook covers without the Designer’s permission.

The client agrees to abide by the terms of any license agreement for any material purchased by Neptune Designs through a third-party stock provider for use in the client’s project.

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. This applies to premades, book trailers, video teasers, formatting, and book covers.

RUSH ORDERS

In case of rush orders that are due within less than a week, Neptune Designs will try to accommodate the client. A fee of $80 will be charged on top of the total cost.

PRE-MADES

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

Videos pre-mades are templates which only certain specified elements can be modified. Extra revisions or changes to the already rendered video will incur a fee.

The client acknowledges that 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 templates.

TIME-FRAMES

• • BOOK COVERS
    
    Neptune Designs will send 1-2 concepts unless previously discussed. Any extra concepts will incur a fee. Each concept has a 5-10 business day turnaround.
    
    Changes are limited to 15 TOTAL that may be made after a concept is selected. Each additional change will be $10. This may include, but may not be limited to, font changes, layout arrangement, color changes, image mood changes, mix and match of concepts, etc. Each round of revisions has a 3-5 business day turnaround.
    
    
• BOOK TRAILERS AND VIDEO EDITS
  
  Neptune Designs will send 1 proof unless previously discussed. Any extra proof will be charged an extra fee.
  
  Changes are limited to 5 TOTAL that may be made after the initial concept is approved. Each additional change will be $15. This may include, but may not be limited to, fonts, color, images or videos, music, overlays, transitions and effects changes, etc.
  
  Once final files are sent and additional changes need to be done, an additional fee starting at $50 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 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.

ACKNOWLEDGEMENTS

By hiring Neptune Designs and using the final artwork or video edit, the client agrees to credit in the final publication and where applicable in marketing materials in the following format:

• 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.

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.

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.

This Agreement does not constitute a work-for-hire contract. The Designer retains full copyright ownership of all designs, drafts, and concepts until final payment is received, at which time a limited license for the specified use is granted to the Client.

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