TERMS OF PURCHASE:
BOOK BLURB WRITING PACKAGES
1. DEFINITIONS AND AGREEMENT
1.1 Provider: Refers to Badass Book Blurbs, Fiona Tate, operating in New Zealand.
1.2 Client: Refers to the purchaser of the Service named in the relevant Purchase Order (PO) or invoice.
1.3 Service: Refers to the specific fixed-scope book blurb writing package selected and paid for by the Client.
1.4 Agreement: By issuing a PO, paying an invoice, or submitting the Intake Questionnaire, the Client agrees to be bound by these Terms of Purchase.
2. SCOPE OF WORK AND REVISIONS
2.1 Deliverables: The Provider will deliver the exact items specified in the selected package (e.g., specific counts of blurbs, word counts, taglines, or keywords) as detailed in the invoice or PO confirmation.
2.2 Onboarding: Work will not commence until the Client has fully completed and submitted the Provider’s online Intake Questionnaire or book summary materials.
2.3 Revisions: Each package includes a maximum of three (3) rounds of minor textual revisions. Revisions must be requested in writing within fourteen (14) days of the initial draft delivery.
2.4 Scope Creep: Requests for major conceptual rewrites, changing the underlying plot details after writing has begun, or requests beyond the two included revision rounds will incur additional fees at the Provider’s standard hourly rate.
3. FEES AND PAYMENT TERMS
3.1 Upfront Payment: The Client must pay 100% of the package fee upfront before work commences.
3.2 Currency: All fees are listed in United States Dollars (USD) and payable in New Zealand Dollars (NZD) unless stated otherwise.
3.3 No Refunds: Because this is a bespoke digital creation, no refunds will be provided once work has commenced or once the Intake Questionnaire has been submitted.
4. INTELLECTUAL PROPERTY (IP) RIGHTS
4.1 Conditional Ownership: Full copyright and ownership of the final chosen blurb text transfers to the Client only upon receipt of full and final payment by the Provider.
4.2 Retained IP: The Provider retains all rights, titles, and interests in all rejected blurb variations, draft concepts, questionnaires, proprietary copywriting frameworks, and templates used during the process.
4.3 Portfolio Right: The Provider reserves the right to showcase the final blurb text and the book’s cover artwork in their professional portfolio and marketing materials, unless the Client explicitly requests a non-disclosure agreement (NDA) before making payment.
5. CLIENT RESPONSIBILITIES AND WARRANTIES
5.1 Accuracy: The Client warrants that all information, plot summaries, and manuscripts provided to the Provider are accurate and do not breach any third-party copyrights or intellectual property rights.
5.2 Indemnity: The Client agrees to indemnify and hold harmless the Provider against any legal claims, damages, or costs arising from allegations of plagiarism, defamation, or copyright infringement relating to the book's core concepts or text provided by the Client.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 No Sales Guarantee: The Client acknowledges that book sales, Amazon/retailer rankings, and publisher interest depend on numerous market variables. The Provider gives no warranty or guarantee regarding commercial success or sales volumes.
6.2 Limitation of Liability: To the maximum extent permitted by New Zealand law, the Provider's total liability for any claim arising out of or in connection with this agreement will not exceed the total amount actually paid by the Client for the Service.
6.3 Consumer Guarantees Act: Where the Client acquires the Service for business or commercial publishing purposes, the provisions of the New Zealand Consumer Guarantees Act 1993 will not apply to the extent permitted by law.
7. GOVERNING LAW
7.1 This Agreement is governed by the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the New Zealand courts and the New Zealand Disputes Tribunal for any unresolved disagreements.