Introduction
Welcome to The Books Publisher. By signing up with us and becoming a client, you agree to be legally bound by these Terms and Conditions of Use (the “Terms and Conditions”), including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. You may not use our services if you do not accept these Terms and Conditions. The Books Publisher may revise these Terms and Conditions at any time by updating this posting. You should visit this web page periodically to review the Terms and Conditions. In these Terms and Conditions, all services provided by and related to The Books Publisher, and all text, images, photographs, user interface, “look” and “feel,” data, and other content included at The Books Publisher from time to time (including, without limitation, the selection, coordination, and arrangement of such content) are sometimes referred to as the “Website” and/or “Service.”
You understand and agree that The Books Publisher may, in its sole discretion, pre-screen, reject, or remove any project and/or user-provided content that is unacceptable or violates these terms and conditions. This includes but is not limited to, projects and content that are unlawful, inappropriate, indecent, defamatory, incites hatred toward specific races, religions, or ethnic groups, or infringes upon the rights of others. We reserve the right to report any behavior that we believe to be illegal to the appropriate authorities.
You agree that The Books Publisher may access, preserve, and disclose information about your account and its contents if necessary to comply with legal requirements or if it is reasonably believed that such access, preservation, or disclosure would be beneficialis reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of The Books Publisher,its users, and the public.
The Books Publisher reserves the right to modify, amend, update, and change these Terms and Conditions occasionally without notice. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that The Books Publisher shall not be liable to you or any third party for any modification, amendment, suspension, discontinuance, or other change to these Terms and Conditions.
The Books Publisher Technicalities
(a) Description: The Books Publisher Service is an online platform where Clients can post specific assignments and project descriptions, known as Creative Briefs, and obtain Responses from design experts retained by The Books Publisher (referred to as Members). Clients can also revise theseCreative Briefs and Responses iteratively through a drafting cycle, resulting in a final Response conforming to their requirements.
(b) Creative Brief and Responses: Clients are responsible for preparing and posting detailed descriptions of each Creative Brief to the Website, including providing samples and relevant deadlines. For each Response desired, a Term Sheet contains the terms and conditions established for the Creative or Revision Brief. The Books Publisher reserves the right to deny a Creative or Revision Brief or a Term Sheet at its discretion.
(c) Reviewing Responses: Clients must review Responses promptly upon receipt. Failure to inform The Books Publisher of any issues with a Response will be deemed acceptance. Clients can submit a Revision Brief outlining necessary amendments if a Response is deemed not reasonably responsive. The Books Publisher will then provide a subsequent Response conforming to the requested criteria.
(d) Revision Cycles: Revision cycles typically involve 2-6 additional compositions incorporating changes requested in a Revision Brief. The purpose is to move the project forward in the specified direction. Clients may request significant changes in the first and second cycles, while subsequent revisions focus on modifying the current composition.
Eligibility, Access, Use, and Service
(a) Eligibility Requirements: To register as a Client with The Books Publisher, you must be at least 18 years old, agree to these Terms and Conditions, and complete the registration process. By registering as a client, you confirm that you meet these eligibility requirements, provide accurate information during registration, and, if registering on behalf of an entity, have the authority to bind that entity to these Terms and Conditions. The Books Publisher reserves the right to accept or reject your registration.
(b) Authorization to Use; Permitted Uses: You may access and use the Service only by these Terms and Conditions and any posted policies and procedures on the Website. You can provide Creative Briefs and obtain Responses only as a registered Client. Any use of the Website is at your own risk. Subject to these Terms and Conditions, you may display the Website on an Internet access device and occasionally print copies of insubstantial portions of the Website, provided it constitutes “fair use” under United States copyright law.
(c) Prohibited Uses: You are forbidden to display, print, broadcast, distribute, download, perform, publish, reproduce, sell, or transmit the Website unless otherwise specifically authorized. All applicable laws as well as any additional restrictions or guidelines posted on the website must be followed by you. You consent to refrain from sending or storing any data that infringes against the legal entitlements of individuals or organizations to privacy, publicity, or intellectual property rights, or that contains objectionable material. Furthermore, you consent to refrain from interfering with the Website’s safety or operation, including through unauthorized email correspondence, illegal access and tries to interfere with security measures.
(d) Website Security: It is strictly prohibited for you to compromise the security of the website by obtaining unauthorized access, looking for vulnerabilities, or disrupting users’ ability to utilize the service. The book’s publisher retains the right to look into infractions and take appropriate action, including working with law enforcement. Although The Books Publisher makes an effort to keep its website accessible, it makes no guarantees or representations regarding continuous service. The Books Publisher reserves the ability, at any time without prior warning, to modify or discontinue the Website.
(e) Operation of Website: Any errors, omissions, delays, or disruptions on the website are not on the shoulders of The Books Publisher. Despite our best efforts, The Books Publisher cannot guarantee ongoing availability owing to a variety of factors. The Books Publisher disclaims all responsibility for any inconvenience or effect arising due to the Website’s termination, transmit method changes, or speed adjustments.
Cancellation, Refund, and Tax Policy
The refund policy of The Books Publisher is null and void in the following circumstances:
- You have chosen an exceptional bundle.
- Approval of the primary design concept has been granted.
- The user has requested revisions.
- The cancellation has been made due to circumstances non-related to the company.
- The company has not been contacted for more than 2 weeks of the project.
- The policy or policies of the organization have been violated.
- Other companies or designershave been approached for the same project.
- The creative brief is lacking in crucial details.
- A comprehensive redesign has been requested.
- The ‘request for refund’ period has elapsed since the claim was submitted.
- The company is either ceasing operations or undergoing a name or business transformation.
- Mistakes regarding the Service, such as “disagreement with a partner” or “change of heart,” shall not qualify for a refund under any circumstances.
- If a customer subscribes to a service bundle and expresses dissatisfaction with a specific service, the refund policy will solely apply to that Service and will not extend to the entire bundle.
- Refunds will not be issued to the client after seven days from the date of purchase.
- Services including but not limited to social media, SEO, Domain Registration, and Web Hosting, are not entitled to refunds under any circumstances.
- Regarding websites, no refunds will be issued after the client has approved the design and the Website has been sent for development.
- The client is ineligible for a refund 24 hours after the contract has been sent to them; they must sign and return the document to us. Furthermore, without a valid reason, the client is not eligible for a refund if the contract remains unsigned for 48 hours.
Note: The Books Publisher reserves the right to reject any project or terminate the agreement at any time. You will not be permitted to use the designs for any purpose following the refund; they will remain the sole property of The Books Publisher. The designs will return to the ownership of the organization.
Cancellation Policy:
Within a week of purchasing, a purchase registered with The Books Publisher could be canceled for approved purposes only. Change of heart, dissatisfaction with a partner, finding a less expensive alternative, and similar reasons unrelated to service levels are not qualified as the company must pay expenses and devote resources to processing and completing orders. A cancellation cost of 15% of the invoice amount will be applied if an order is canceled during the first 24 hours. In case of cancellation within a day, a quarter of the invoiced money will be kept. Refund inquiries must be sent to info@thebookspublisher.com through email.
- All communication between The Books Publisher’s team and the customer must be documented using a registered email address provided by the customer.
- Upon completion, the company will contact the customer via the provided email address. This communication will occur at least three times to ensure prompt delivery and adherence to project timelines.
- If the customer fails to respond to any of the three emails, which include delivery notifications and reminders, and seven consecutive working days have elapsed since project delivery, the project will be deemed accepted by the customer.
- At this stage, the company will not be liable for any refunds, as resources have already been allocated for project fulfillment, and the customer has been provided with a reasonable time frame to respond.
- Should the customer remain non-responsive on their registered email address for 10 consecutive days, the money-back guarantee offer for the contract/project will be rendered void.
Payment Methods:
The company’s bank merchant services process Visa, MasterCard, and Amex card payments. The Books Publisher does not store customer card details on its systems to ensure maximum security and compliance. For recurring billing, card details are stored with merchant services for future payments. Additionally, payments can be made via personal/company cheques and bank transfers. PayPal processes payments through PayPal and Discover Card.
Price Transparency:
All prices listed on the Website are exclusive of applicable taxes. The Books Publisher maintains transparency in pricing to provide clarity to its customers.
Important Information
How am I eligible to submit a refund claim?
You may request a refund if the initial design concepts you receive for your design package need to meet the requirements of your brief. The following actions will impact your eligibility to receive a refund.
Frequently Asked Questions about Refunds:
- Refund Processing Time: Customers often inquire about the duration required to process a refund. Typically, refunding the full amount can take up to 21 business days. Detailed information regarding our refund policy can be found in the Terms & Conditions of business.
- Applicability of Money Back Guarantee: The Money Back Guarantee is applicable exclusively to design packages. Once a design is approved and additional revisions are requested, the Money Back Guarantee is rendered void. However, customers still benefit from our 100% satisfaction guarantee, ensuring continuous work on the design until complete satisfaction is achieved.
- Justification for Offering a Refund Guarantee:At The Books Publisher, we are so confident in our skills and the standard of our layouts that we offer a money-back guarantee. This promise is proof of our commitment to offering exceptional service. While the majority of our clients are cooperative and honest, there are a few instances where people try to abuse this flexibility by working with numerous suppliers at the same time, asking for design proposals from each, and then demanding refunds. This behavior is viewed as unfair, unethical, and damaging to our team’s reputation. Because of this, we prefer not to do business with people who use these kinds of practices.
- Subjectivity of Design Work: Since design work is fundamentally subjective, getting the right result frequently depends on the client providing insightful input. Customer interaction is a top priority for us at The Books Publisher during the entire design process. The purpose of the first design examples is to generate ideas; further iterations are customized to satisfy the needs of the client. Customers are secured by the Money Back Guarantee if we are unable to produce the design they have in mind.
Money Back Guarantee does not apply on:
- Content Writing
- Seo Services
- Publication
Money Back Guarantee does not apply to design agencies, design studios, and those working on their client’s projects.
Note: Customers claiming a refund will not be allowed to use the initial design concepts sent to them. Copy Rights of all designs remain the property of The Books Publisher until fully paid.
Ownership; Rights to Use
(a) Ownership of the Website and Service:The Books Publisher maintains complete ownership of all intellectual property rights associated with the Website and Service. These rights include copyright, trademark, and patent rights. Users are not permitted to remove or alter any copyright notices aboutThe Books Publisher, nor are they permitted to use the company’s name or trademarks without first obtaining written consent.
(b) Creative and Response Briefs: When users submit Creative or Response Briefs, they grant The Books Publisher and its agents the necessary rights and licenses to use this information to obtain Responses and collect it for archival purposes. The individuals participating in the project have the right to examine and display information pertinent to the process of preparing responses.
(c) Rights of The Books Publisher: When users submit Client Information, they grant The Books Publisher the right to use, reproduce, and distribute that information to provide the Service and generate Responses. This right is royalty-free, perpetual, and irrevocable.
(d) Rights of Clients: Clients retain ownership of the final Response composition, known as the “Final Product.” On the other hand, The Books Publisher retains ownership of any materials produced during the multiple revision cycles leading up to the Final Product. Additionally, The Books Publisher maintains ownership of any artwork concepts and content that are not utilized. Clients acknowledge that their ownership rights are restricted to the Final Product and that Go to The Books Publisher is not responsible for any trademark or copyright searches that may be conducted for the Final Product.
(e) The Books Publisher holds the right to charge your account for $10 for the release of the final files upon order closure.
(f) The Books Publisher reserves the right to bill your account for the release of the website domain or website master files.
When users agree to these terms, they acknowledge and consent to the rights and responsibilities that The Books Publisher has about the use of Client Information and the delivery of Services.
Nondisclosure and Privacy
The Books Publisher is committed to employing commercially reasonable efforts in adhering to its privacy policy, which may be subject to modifications at the sole discretion of The Books Publisher. However, it is important to acknowledge that The Books Publisher is not in a position to accept any form of responsibility or liability for the submission of information to the Website or the potential misuse of any submitted information, either by you or any third party. This includes but is not limited to, unauthorized access to information by hackers or any other malicious entities.
Disclaimers; Indemnification; Limitations of Liability
(a) Responsibility for Content:
- Truthfulness and Accuracy:The Books Publisher does not guarantee the truthfulness, accuracy, or reliability of any information or material communicated through the Service. Users acknowledge that any reliance on such information or material will be at their own risk.
- Validity of Rights: The Books Publisher makes no representations regarding the validity of rights to Responses granted under these Terms and Conditions. Users are responsible for ensuring their use of Responses does not infringe on any statutory or third-party rights.
(b) Links to Third-Party Services:
- Control and Endorsement: The Website may contain links to third-party content, but The Books Publisher does not control or endorse such content. Users access Linked Content at their own risk.
(c) Disclaimer of Warranties:
- As-Is Provision: The Service and Responses are provided “as is,” and The Books Publisher disclaims all representations and warranties, whether express or implied, to the fullest extent permitted by law.
(d) Release from Claims:
- User Disputes: The Books Publisher is not involved in user-to-user dealings and does not control user behavior. Users release The Books Publisher from any claims arising from disputes with other users.
(e) Indemnification:
- Defense and Indemnity: Users agree to defend, indemnify, and hold harmless The Books Publisher and its affiliates from any action, claim, or liability arising from their violation of these Terms and Conditions or use of the Website.
(f) Limitation of Damages:
- Exclusion of Certain Damages: The Books Publisher and third parties are not liable for consequential, indirect, or punitive damages arising from the Website or these Terms and Conditions. The Books Publisher’s total liability is limited to the amount paid for the Package.