Terms and Conditions and Right of Withdrawal for „Never Sign“ Service
The „Never Sign“ service, provided by Never Sign by Elephant Marketing Inh. Nels Bonifer, includes personalized marketing strategies, content creation, branding brainstorming, ad setup guides, and ongoing social media management, depending on the selected program. This service is designed to help independent musicians improve their visibility and monetization opportunities. Merchandise options and other modules may be included as per the specific program offering.
The success of the Service depends on the active participation of the customer. The customer must provide necessary input, such as scheduling brainstorming sessions, providing media assets, or responding to requests for feedback. Failure to cooperate may result in delays or adjustments to the final deliverables.
By agreeing to these terms, the customer grants Never Sign the right to use their name, likeness, and results as a reference in promotional materials, including but not limited to the website, social media, and advertisements. The customer may request, at any time, to be removed from promotional materials. Such requests must be submitted in writing to Never Sign by Elephant Marketing Inh. Nels Bonifer. Once received, the removal will be processed within a reasonable timeframe.
The Service offers different program tiers and subscription options:
„Talent“ Program
Cost: €299 (inclusive of VAT)
Payment Options: Full payment of €299 due at the start of the collaboration, OR an installment plan of €150 due at the start of the collaboration, with a second payment of €150 due 30 days later.
Maintenance Fee: Additionally, a recurring monthly fee of €9 applies for the maintenance of ongoing services, such as updates on ad campaigns, support for content strategies, and other continued resources. This monthly fee is charged automatically via the payment method provided and can be canceled at any time with written notice. Upon cancellation, Never Sign reserves the right to discontinue updates and associated services.
„Social Media Management“ Program
Cost: €199 per month (inclusive of VAT)
Payment Options: This is a recurring monthly subscription fee due at the beginning of each billing cycle. It can be canceled at any time with written notice before the next billing cycle begins.
All payments are processed automatically via Stripe Payments. Failure to make payments may result in service interruptions, and late payments may incur additional fees.
The Service will commence upon receipt of the initial payment. Customers choosing the installment plan must ensure sufficient funds are available for the second payment.
The „Talent“ Program includes: Brainstorming session, ad setup guides for independent campaign management, and branding ideas tailored to the customer’s needs.
The „Social Media Management“ Program includes: Ongoing social media support, content curation, and account management as specified in the service agreement.
The customer acknowledges that they waive their right of withdrawal once the service execution begins.
Never Sign does not guarantee specific results or success. The Service provides tools and guidance, but outcomes depend on various factors beyond Never Sign’s control, including customer engagement and external market conditions.
All content and branding ideas provided remain the intellectual property of Never Sign until full payment is received. Customers may use these ideas but acknowledge that Never Sign is not liable for any outcomes resulting from their implementation.
Customers may cancel the Service at any time by providing written notice. Payments made are non-refundable.
The recurring monthly fee of €9 for the „Talent“ Program may be canceled at any time with written notice. Upon cancellation of this fee, Never Sign reserves the right to stop providing updates, support, and maintenance services.
The recurring monthly subscription fee of €199 for the „Social Media Management“ Program may be canceled at any time with written notice prior to the next billing date.
Never Sign is not liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the Service, including but not limited to loss of revenue, profit, or data.
All payments are handled via Stripe Payments. By agreeing to these terms, the customer consents to the processing of their payment information through Stripe’s secure payment platform.
These terms are governed by the laws of Germany. Any disputes will be subject to the exclusive jurisdiction of the courts in Germany.
All content, designs, and materials created are the intellectual property of Never Sign by Elephant Marketing Inh. Nels Bonifer. Customers are granted a limited license to use these materials for their intended purpose, subject to full payment.
Never Sign complies with all applicable data protection laws. Customer data will be collected, stored, and used solely for delivering the Service. Detailed information is available in our Privacy Policy.
Never Sign reserves the right to amend these Terms and Conditions at any time. Customers will be informed of any changes, and continued use of the Service will be deemed acceptance of the revised terms.
Never Sign shall not be liable for any failure to perform due to causes beyond its reasonable control, including but not limited to natural disasters, pandemics, or other acts of God.
Any disputes arising from these terms shall first be attempted to be resolved through mediation. If mediation fails, the dispute will be settled through arbitration before resorting to litigation.
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
These Terms and Conditions constitute the entire agreement between the customer and Never Sign, superseding any prior agreements or understandings.
By placing an order, the customer confirms their binding order and understands that the service will begin immediately. By proceeding, the customer acknowledges that they are waiving their right to withdraw from the contract, in line with Article 16(c) of the Consumer Rights Directive (2011/83/EU).
With merchandise, the artist doesn’t need to worry about anything – Never Sign takes care of the entire process, including:
Production of merchandise items
Shipping products to customers
Accounting and managing all financial aspects
The artist will receive 25% of the revenue generated from the sale of their products. Payments are made monthly, based on actual sales figures. Never Sign reserves the right to process payments after the end of each month. If the artist has any questions or requests regarding the handling of merchandise, they can contact Never Sign in writing at any time.