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Terms of Service

Last updated: January 1, 2025 · Effective: January 1, 2025
Contents
1. Acceptance of Terms 2. Services Description 3. Eligibility 4. Service Agreements 5. Payment Terms 6. Intellectual Property 7. Confidentiality 8. Revisions & Approvals 9. Delivery & Timelines 10. Refund Policy 11. Limitation of Liability 12. Warranties & Disclaimers 13. Termination 14. Governing Law 15. Website Use 16. Changes to These Terms 17. Contact
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These Terms of Service ("Terms") govern your use of the website at vividbookpublishing.com and all publishing services provided by Vivid Book Publishing LLC ("Vivid Book Publishing," "we," "us," or "our"). Please read these Terms carefully before engaging our services or using our website.

By accessing our website or entering into a service agreement with us, you agree to be bound by these Terms. If you do not agree, please do not use our website or engage our services.

1. Acceptance of Terms

By using our website, submitting an enquiry, or signing a service agreement, you confirm that you have read, understood, and agree to these Terms of Service and our Privacy Policy. These Terms constitute a legally binding agreement between you and Vivid Book Publishing LLC.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. Services Description

Vivid Book Publishing provides professional publishing services including but not limited to:

  • Manuscript editing (proofreading, line editing, developmental editing)
  • Book cover and interior design
  • eBook and print formatting
  • Global print and digital distribution setup
  • Audiobook production
  • Book marketing and launch strategy
  • Amazon advertising management
  • Author branding and website development
  • PR and media outreach

The specific scope, deliverables, pricing, and timelines for each engagement are defined in a separate Service Agreement or Statement of Work signed by both parties. These Terms apply to all such engagements unless superseded by specific contract terms agreed in writing.

3. Eligibility

You must be at least 18 years of age to engage our services or enter into a contract with us. By using our services, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into a binding agreement.

Our services are available to clients worldwide. International clients are responsible for ensuring compliance with applicable laws in their own jurisdiction.

4. Service Agreements

All publishing services are governed by a written Service Agreement or project proposal accepted by both parties. The Service Agreement will specify:

  • Scope of services and specific deliverables
  • Project timeline and milestones
  • Total fees and payment schedule
  • Number of included revision rounds
  • Client responsibilities and deliverables (e.g. manuscript files, author bio, approvals)
  • Any specific terms or conditions unique to the project

In the event of any conflict between these Terms and a signed Service Agreement, the Service Agreement shall take precedence.

5. Payment Terms

5.1 Fees

All fees are as set out in your Service Agreement or the applicable service package. Prices are listed in US Dollars (USD) unless otherwise agreed in writing. We reserve the right to change our pricing at any time; such changes will not affect existing agreements.

5.2 Payment Schedule

Our standard payment terms are:

  • Standard projects: 50% deposit due before work commences; 50% balance due upon delivery of final files
  • Packages over $3,000: Instalment plans available (3 monthly payments) by prior written agreement
  • Ongoing retainers: Monthly invoices due within 14 days of issue

5.3 Late Payments

Invoices not paid within 14 days of the due date may incur a late fee of 1.5% per month on the outstanding balance. We reserve the right to pause work on your project until overdue invoices are settled.

5.4 Payment Methods

We accept payment via credit/debit card (Stripe), PayPal, and bank wire transfer. All payments are processed securely. We do not store your payment card details.

5.5 Taxes

All fees are exclusive of applicable taxes. Clients are responsible for any taxes imposed by their local jurisdiction on services received from Vivid Book Publishing.

6. Intellectual Property & Rights

6.1 Your Content

You retain full ownership of your manuscript, book content, and any creative materials you provide to us. By engaging our services, you grant Vivid Book Publishing a limited, non-exclusive licence to use your content solely for the purpose of delivering the agreed services.

6.2 Deliverables

Upon receipt of full payment, all deliverables created specifically for you (including cover design, formatted files, and marketing materials) become your property. You will receive full rights to use these materials without restriction.

6.3 Our Materials

All templates, processes, methodologies, proprietary tools, and background intellectual property used to create your deliverables remain the exclusive property of Vivid Book Publishing. You receive a licence to use the final deliverables; you do not receive rights to our underlying tools or processes.

6.4 Portfolio Use

We reserve the right to display completed work in our portfolio, website, and marketing materials unless you specifically request otherwise in writing prior to project commencement. We will never share unpublished manuscript content without your explicit consent.

6.5 Third-Party Licences

If your project requires licensed images, fonts, or other third-party assets, the cost of such licences is your responsibility unless explicitly included in your Service Agreement.

7. Confidentiality

We treat all client manuscripts, business information, and project details as strictly confidential. Our team members and contractors are bound by confidentiality obligations.

We will not:

  • Share your manuscript with any third party not involved in delivering your services
  • Disclose the existence of your project to other parties without your consent
  • Use your unpublished content for any purpose other than delivering your agreed services

If you require a formal Non-Disclosure Agreement (NDA), please request one before submitting any materials. We are happy to sign client NDAs.

8. Revisions & Approvals

Each service package includes a specified number of revision rounds as set out in your Service Agreement. Additional revisions beyond the included rounds may be provided at our standard hourly rate.

Upon delivery of each milestone or final deliverable, you will have 14 days to review and provide written feedback or approval. Failure to respond within 14 days will be deemed as approval and the project will proceed to the next stage.

Revision requests must be submitted in a single consolidated document or communication. We reserve the right to treat multiple separate revision requests as separate revision rounds.

9. Delivery & Timelines

All timelines are estimates based on normal project conditions. Actual delivery dates may vary due to:

  • Delays in receiving required materials from you
  • The volume or complexity of revision requests
  • Force majeure events
  • Changes to project scope requested by you

We will communicate proactively about any delays. We are not liable for consequential losses arising from project delays unless caused by our gross negligence or wilful misconduct.

You are responsible for providing all required materials (manuscripts, bios, photos, etc.) in a timely manner. Delays caused by late client deliverables will extend project timelines accordingly without penalty to Vivid Book Publishing.

10. Refund Policy

10.1 Deposits

Deposits paid to commence a project are non-refundable once work has begun. The deposit covers time allocated, resources committed, and initial work performed on your project.

10.2 Satisfaction Guarantee

We are committed to your satisfaction. If you are not satisfied with our work after the included revision rounds, we will escalate your project to a senior team member for additional review at no extra charge.

10.3 Partial Refunds

If you cancel your project after commencement, you will be charged for work completed to date at our standard rates. Any balance above that amount from payments received will be refunded within 30 days.

10.4 Disputes

If you believe you are entitled to a refund or have a billing dispute, please contact us at billing@vividbookpublishing.com within 30 days of the disputed charge. We will review all disputes in good faith and respond within 14 business days.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Vivid Book Publishing's total liability to you for any claims arising out of or related to our services shall not exceed the total amount paid by you to us for the specific service giving rise to the claim in the 12 months preceding the claim.

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost sales, or lost opportunities, even if we have been advised of the possibility of such damages.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

12. Warranties & Disclaimers

We warrant that our services will be performed with reasonable skill and care by qualified professionals.

However, we make no warranty or guarantee regarding:

  • Sales performance, reader reception, or commercial success of your published book
  • Specific bestseller list rankings or Amazon category rankings (though we will apply our best strategies)
  • Media coverage, podcast bookings, or other third-party promotional outcomes
  • Acceptance of your book by any retailer, library system, or distribution channel

Our website is provided "as is" without warranties of any kind. We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.

13. Termination

Either party may terminate a service engagement by providing written notice. Upon termination:

  • You will be invoiced for all work completed to date at our standard rates
  • We will deliver all completed work product to you within 14 days
  • Each party will return or destroy confidential information belonging to the other party
  • Any provisions of these Terms that by their nature should survive termination will do so

We reserve the right to terminate any engagement immediately if a client engages in abusive, threatening, or unlawful behaviour toward our team.

14. Governing Law & Dispute Resolution

These Terms and any disputes arising from them shall be governed by the laws of the State of New York, United States, without regard to its conflict of law provisions.

Any disputes that cannot be resolved informally shall be submitted to binding arbitration in New York City under the rules of the American Arbitration Association. You waive any right to a jury trial or to participate in a class action lawsuit.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

15. Website Use

You agree not to use our website to:

  • Transmit any unlawful, harmful, defamatory, or obscene material
  • Attempt to gain unauthorised access to any part of our systems
  • Scrape, copy, or republish our content without written permission
  • Engage in any activity that disrupts or interferes with our website's operation

All content on our website — including text, images, graphics, logos, and design — is the property of Vivid Book Publishing LLC and is protected by copyright law. You may not reproduce or distribute any content without our prior written consent.

16. Changes to These Terms

We reserve the right to update these Terms at any time. When we make material changes, we will update the "Last Updated" date and post the revised Terms on our website. For active service clients, material changes will be communicated by email with at least 14 days' notice.

Your continued use of our website or services after the effective date of any changes constitutes acceptance of the updated Terms.

17. Contact

For questions about these Terms, please contact us:

Company: Vivid Book Publishing LLC
Address: 350 Fifth Avenue, Suite 1400, New York, NY 10118
Email: legal@vividbookpublishing.com
Phone: +1 (800) 465-2683

These Terms of Service were last reviewed and updated on January 1, 2025. We recommend consulting a qualified attorney to ensure these terms meet all legal requirements in your specific jurisdiction.

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