These Terms & Conditions (“Terms”) explain how you can use our websites and services. By visiting our sites, reaching out to us, reviewing a proposal, approving a scope, making a payment, or otherwise working with us, you’re agreeing to these Terms.

1. Parties and Company Group Coverage

These Terms are issued by The Nova Publishers and apply across our group of brands, websites, and trade names (collectively, the “Company,” “we,” “us,” or “our”). These Terms apply to services sold and fulfilled under any of our brand names and websites, including, without limitation:

• bookbabypublishinginc.com
• prowebdevelopment.co
• ingramsparkinc.com
• thepenguinpublishing.co.uk
• techieverconsulting.com
• xlibrispublishinginc.com
• thecloudcreators.com
• thepenguinpublishing.com
• booktowninc.com
• bookpublishpros.com
• publisherinusa.com
• agilegrads.com
• selfpublisherinc.com
• perfectdesignhub.com
• kidsbookpublisher.com

For clarity, the same Terms apply regardless of which website you visited, which brand name is displayed, or which sales channel you used, unless we expressly agree otherwise in a written agreement signed by an authorized representative of the Company.

2. Definitions

For purposes of these Terms:

• “Customer,” “you,” or “your” means the person or entity purchasing or using the Services.
• “Services” we mean all possible ways of facilitating the realization of your project. Writing, rewriting, editing, proofreading; work with layouts and formats; covers and illustrations; collaboration on publishing, distribution, and marketing; consultation and guidance throughout the project; website development; brand shaping, or anything else we might decide to deal with together are some of the possible means.
• "Order" refers to the services that you have asked us for, which are generally validated by a proposal, scope, invoice, order form, email, or even a conversation.
• “Deliverables” refers to all the work products that will be produced for you, including but not limited to drafts, edited manuscripts, formatted interiors, cover files, designs, websites, code, marketing materials, and other outputs.
• "Work Initiation" is the beginning of performance or allocation of resources for your Order. It includes, but is not limited to, different activities such as onboarding, intake review, project setup, scheduling, staff assignment, research/reading, drafting/writing, editing, formatting, design, proofreading, revisions, internal processing, or taking any other steps to start or move your project forward.
• “Third-Party Services” means platforms or vendors not controlled by us (e.g., printing vendors, advertising platforms, domain/hosting providers, distribution platforms, marketplace publishers).
• “Third-Party Costs” means any fees paid to third parties on your behalf or required to deliver your project (e.g., domains, hosting, software, paid assets, ISBNs, printing/shipping, platform fees, advertising spend).

3. Eligibility and Authority

You represent that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are purchasing on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.

4. Acceptance of Orders; Sales Workflow

4.1 Lead Sources and Communications. Customers may reach us through advertisements, websites, live chat, inquiry forms, email, or phone. Discussions with our agents are for informational purposes and do not constitute a binding agreement by themselves.

4.2 Order Formation. An Order becomes binding when any of the following occurs (whichever happens first):

• You pay an invoice (in full or in part);
• You explicitly approve a written scope/proposal via email/chat;
• You instruct us in writing to begin work; or
• We confirm in writing that we have accepted your Order.

4.3 Controlling Documents. If there is a conflict, the following order of priority applies:

1. a signed written agreement or statement of work (if any);
2. the invoice/proposal scope and written confirmations;
3. these Terms;
4. website descriptions and marketing materials.

4.4 No Reliance on Verbal Promises. You agree that only written scope descriptions and written confirmations are binding. Sales conversations are not guarantees.

5. Scope of Services; Deliverables; Milestones

5.1 Scope Control. Services are provided as described in your invoice/proposal and any written scope confirmations (“Scope”). Any work outside the Scope is out of scope and may require additional fees and timeline changes.

5.2 Milestones and Drafts. We may deliver drafts or milestone outputs for review. You must review and respond within a reasonable time. Delays in your responses may extend timelines.

5.3 Estimated Timelines. Any dates we give you will just be our best guesses. It might take longer if the project is complex, if we're waiting on your response, if corrections are needed, or if other folks and/or services are involved. Other circumstances beyond our control might slow us down.

5.4 Third-Party Platform Dependencies. If your project is to be deployed on a web platform, an app store platform, or a social media platform, there will be rules and timelines that are beyond our control. We can’t predict whether they will approve or reject it.

6. What We Need From You

To keep things moving, we need you to:

• Send us all the info, files, and instructions we ask for.
• Reply quickly when we need approvals, clarifications, or extra materials.
• Make sure you actually have the rights to any text, images, or logos you give us.
• Keep backups of your own files.
• Follow the law and the rules of any platforms you’re using.

If you don’t give us what we need on time, the project can get delayed, cost more, or even be paused. That doesn’t mean you get a refund.

7. Revisions, Change Requests, and Additional Work

7.1 Revision Limits. If revisions are included in your package, they are limited to the number of rounds, categories, and time window described in the Scope.

7.2 Change Requests. Requests that alter the original Scope (e.g., major rewrites, new chapters, new design direction, new formatting requirements, additional platforms) are change requests and may require additional fees and time.

7.3 Abusive or Excessive Revisions. We may decline revision requests that are abusive, impossible, unlawful, outside the Scope, or excessive relative to your package.

8. Fees, Invoicing, and Payment Terms

8.1 Pricing. Fees are set out in your invoice/proposal. Unless stated otherwise, all fees are in U.S. dollars.

8.2 Payment Due Dates. Invoices are due upon receipt unless otherwise stated. Work may begin only after the required payments clear.

8.3 Installments. If an installment plan is offered, you must pay installments on time. We may pause work for late payments.

8.4 Taxes. You are responsible for any applicable taxes unless we explicitly state otherwise.

8.5 Collections and Recovery Costs. If amounts remain unpaid, we may use collection agencies or legal remedies. Where permitted by law, you agree to pay reasonable costs of collection, including administrative fees, attorney fees, and court costs.

9. Payment Processing; Authorization; Fraud Prevention

9.1 Payment Processor. We process payments through third-party processors (currently, GoDaddy Payments with Worldpay processing). We may change processors at any time.

9.2 Authorization. By paying an invoice or providing payment credentials, you authorize our processors and us to charge the payment method for the amounts you approve, including approved recurring or installment charges where applicable.

9.3 Identity Verification. We may request identity verification or documentation to prevent fraud. We may pause or decline Orders if verification is not provided.

9.4 Processor Terms. Your payment may also be subject to the terms, rules, and dispute procedures of your bank/card network and our payment processor. Those terms are outside our control.

10. Refund & Cancellation Policy (Incorporated by Reference)

Our Refund & Cancellation Policy is incorporated into these Terms by reference and is part of the Agreement.

Key Rule: All payments are non-refundable once Work Initiation occurs, except where required by applicable law.

10.1 Cancellation Before Work Initiation. If you submit a written cancellation request before Work Initiation and we confirm no work/costs have been incurred, we may approve cancellation. Any approved refund (if applicable) may be subject to deductions for processing fees and administrative handling.

10.2 No Refunds After Work Initiation. Once Work Initiation occurs, no refunds will be issued for any reason, including change of mind, internal budget changes, scheduling conflicts, business decisions, or preference changes.

10.3 Third-Party Costs Non-Refundable. Third-Party Costs are non-refundable in all circumstances.

10.4 Refund Method and Timing. If a refund is approved, it will be issued to the original payment method where feasible. Processing typically takes 7–14 business days, subject to banking/processor timelines.

11. Chargebacks, Payment Disputes, and Disputed Transactions

11.1 Good-Faith Resolution Required. You agree to contact us first to resolve billing concerns before initiating a chargeback.

11.2 Effect of Chargeback. If you initiate a chargeback or payment dispute:

• We may immediately pause or terminate Services;
• We may withhold Deliverables pending resolution.
• We may submit evidence to the processor/bank (Scope, timestamps, communications, work logs, drafts, delivery proofs, policy acceptance records).

11.3 Administrative Fees. Where permitted by law, we may assess reasonable administrative fees for handling disputes and chargebacks and/or recover processor penalties that result from your dispute, if the dispute is determined to be wrongful or fraudulent.

11.4 Non-Circumvention. A chargeback does not void your obligation to pay for Services provided and costs incurred after Work Initiation.

12. Intellectual Property; Ownership; Licenses

12.1 Customer Materials. You retain ownership of your original Customer Materials. You grant us a limited license to use Customer Materials solely to perform the Services.

12.2 Deliverables Ownership. Upon full payment of all amounts due, and subject to third-party licenses, you receive ownership or a license to use the Deliverables as described in the Scope.

12.3 Company Tools and Pre-Existing Materials. We retain ownership of our pre-existing templates, tools, processes, know-how, code libraries, internal methods, and any generalized skills. To the extent such items are incorporated in Deliverables, you receive a license to use them as part of the Deliverables, not separately.

12.4 Third-Party Assets. Some images, fonts, plugins, or other tools we use come from other companies and have their own rules. You’re responsible for following those rules—sometimes that means paying for a subscription or giving credit.

13. Content Standards; No Illegal or Prohibited Content

Don't request or provide anything illegal or that facilitates the violation of someone else's rights. We may deny or terminate services if the content promotes illegal activity, fraud, impersonation, defamation, or copyright infringement.

14. Disclaimers (No Guarantees of Results)

14.1 No Publishing or Sales Guarantee. We do not guarantee publishing approval, bestseller status, sales volume, rankings, profitability, reviews, awards, or any commercial outcome.

14.2 Third-Party Decisions. Platforms and vendors may reject or restrict content or accounts. We are not responsible for third-party decisions.

14.3 Professional Judgment. Editing/design/writing involves professional judgment and subjective preferences. If we deliver work within the Scope and reasonable professional standards, dissatisfaction based on preference does not create refund rights after Work Initiation.

15. Limited Warranty

We guarantee that our services will be carried out professionally and with the care and skill you would expect in the industry, as long as the work falls within the agreed scope and you provide the necessary cooperation. If we fail to meet this standard, your sole remedy is for us to, at our discretion, redo the portion of the service that did not meet expectations, provided you let us know in writing within a reasonable time.

16. Limitation of Liability

As far as the law allows:

• We aren’t responsible for any damages, including indirect, incidental, special, or consequential ones—like lost profits, lost business, or damage to your reputation.
• Our total liability for any claim won’t exceed the amount you paid for the order that caused the claim in the three months before the incident, or $500, whichever is higher—unless the law says otherwise.

Some laws don’t allow certain limits on liability, so parts of this may not apply depending on where you live.

17. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, contractors, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising out of:

• your content, Customer Materials, or instructions;
• your breach of these Terms;
• alleged infringement or violation of third-party rights related to your materials;
• misuse of Deliverables or Third-Party Services.

18. Confidentiality

Both parties may obtain confidential information from the other party. Both parties agree to maintain the confidentiality of any confidential information and to only use the information to perform the Agreement, except to the extent that the Agreement may otherwise be required by law.

19. Privacy and Communications; Consent to Contact

19.1 Privacy. Your use of our websites and Services is also governed by our Privacy Policy (posted on the relevant website).

19.2 Consent to Contact. When you provide your phone number or email address and contact us through a message or a phone call, you give us permission to contact you in connection with an inquiry or our services. This could happen through an email, phone call, or text message if permitted in the country you are in. Standard message and data rates apply. You can opt out of marketing communications through the message.

19.3 Electronic Records. You consent to receiving contracts, invoices, notices, and communications electronically.

20. Suspension and Termination

20.1 By Customer. You may request termination in writing. If Work Initiation has occurred, termination does not create refund entitlement.

20.2 By Company. We may suspend or terminate Services for non-payment, abusive conduct, fraud concerns, unlawful requests, repeated policy violations, or material breach.

20.3 Effect of Termination. Upon termination, amounts owed become immediately due. Sections that should survive (including IP, limitations, indemnity, disputes) will survive.

21. Force Majeure

Nothing shall make us responsible for delays or failures owing to causes beyond reasonable control, such as outages, labor disputes, natural disasters, internet/hosting failures, payment processor failures, vendor delays, or government actions.

22. Governing Law; Venue

These Terms will be governed in accordance with the laws of the Commonwealth of Virginia, without regard to conflict of law rules. Except as set forth in the section entitled 'Dispute Resolution,' you agree that the laws of the state and of the United States will have jurisdiction and venue over any dispute relating to these Terms of Service.

23. Dispute Resolution (Optional Arbitration Clause Template)

Important: Arbitration provisions and class actions have great implications for legal rights. This section should be reviewed by counsel.

23.1 Informal Resolution First. Before filing any claim, the parties agree to attempt good-faith resolution by written notice describing the issue and desired resolution.

23.2 Binding Arbitration (If Enabled). If the Company elects to require arbitration (and to the extent permitted by law), any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered in Virginia, except that either party may seek injunctive relief in court for IP misuse or confidentiality breaches.

23.3 Class Action Waiver. To the extent permitted by law, disputes shall be brought only in an individual capacity and not as a class action.

23.4 Small Claims Option. Either party may bring an individual action in small claims court if it qualifies.

(If you want, I can provide two versions: one with arbitration, one without, and a short “opt-out” model.)

24. Modifications to Terms

We may update these Terms occasionally by posting the revised version on the relevant website. The version of the Terms in effect when you place your Order will govern that Order, unless we agree otherwise in writing.

25. Entire Agreement; Severability; Waiver

25.1 Entire Agreement. These Terms and the Scope documents constitute the entire agreement regarding the Services and supersede prior discussions.

25.2 Severability. If any provision is found unenforceable, the remaining provisions remain in effect.

25.3 Waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.

26. Notices and Contact

All legal notices and/or cancellation notices must be made in writing via either our official support channels, as outlined on the relevant website, or via the email address found on your invoice.