Publishing Agreement

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INTRODUCTION

The terms and conditions stated herein, collectively known and referred to as The Agreement in this document, legally binds the client, who is to be referred to as The Author, with Everlastale of 3846 Sorrowing Sparrow Court, North Las Vegas, Nevada 89032 and referred to as The Publisher. Failure to adhere to all or any of the terms and conditions stated herein by both The Author and The Publisher will result to the termination of The Agreement.

WARRANTIES

The Author holds him/herself responsible of the assurance that The Author owns the rights to his/her book including but not limited to its contents, internal design, and external design. Moreover, The Author affirms that no particular portion of his/her book were plagiarized and assures that its contents are his/her original creation in its entirety. It is the Publisher’s sole discretion to regard The Author’s work to have violated with content policy may it be the book’s cover image, product data, book file, and/or other specifics. The Author also holds him/herself accountable in assuring that their book does not, in any portion, contain libelous, illegal, offensive, threating, infringing, obscene, defamatory, intentionally hateful, and/or harmful material.

The Author guarantees that:

1. ) his/her book does not contain advertisements that either explicitly or implicitly persuade readers to purchase a product other than the book
2. ) his/her book does not contain materials that The Author is not authorized to or does not own a rights to distribute.
3. ) the contents of his/her work do not pose intentional harm or potential harm to the reputation of any individual or third party.

In the event that The Author fails to adhere to the aforementioned guarantees stipulated herein, It is at the discretion of The Publisher to terminate The Agreement with The Author.

AUTHOR RIGHTS

The Author reserves all rights of ownership to his/her book. The Publisher does not, in any way, possess ownership of the rights to The Author’s work and recognizes its function as only the provider of services which include, but are not limited to, publishing, book sales, online availability, and printing. Furthermore, The Publisher acknowledges that it does not have the right to alter or amend the content of The Author’s book without the permission of The Author in any form, written or otherwise.

EVERLASTALE WORK RIGHTS

The Author recognizes that The Publisher reserves all property rights and ownership of the materials, files, and data collated upon the preparation for the publication of The Author’s book or any other material pertaining to publishing of The Author’s work. These may include, but are not limited to materials, file, and data current in The Publisher’s possession regardless if it is completed or not. All files and data The Publisher generates for the publication of The Author’s book are considered the property of The Publisher.

Though The Author has full ownership of his/her book, it, or excerpts thereof, may be used in print and online collateral for advertising, publicity, and marketing purposes at the discretion of The Publisher.

WORKING WITH MINORS

Provided that The Author is below the legal age of 18 years, The Publisher will require, as deemed necessary, for a parent or legal guardian to co-sign The Agreement. The parent or legal guardian is to authorize the payment for the publishing and/or marketing services taken advantage of by The Author.

NON-INCLUSIVE CONTRACT

The Agreement between The Publisher and The Author is non-inclusive in nature; thus, it allows The Author to continue publishing the book with other agents, publishers, firms and the like while The Agreement is in effect. In addition, The Publisher permits The Author to engage in any other agreement at any given time during The Author’s tenure with The Publisher as long as The Author does not sever his/her agreement with The Publisher and grants other agents/firms/publishers exclusive rights to The Author’s work.

PRICING AND PAYMENT TERMS

Payments for royalties by The Publisher to the Author will be done quarterly and only made in during the quarters in which the amount due to The Author totals at least $50. Unpaid amounts due for a specific quarter below $50 will carry over to the next quarter and will be paid out when the amount reaches at least $50. In the event that the amount due still doesn't reach at least $50 at the third quarter, the payment for royalties will be released. Payments will be in the form The Author selects when registering for any of the services or products The Publisher provides, or as subsequently updated as permitted by the service or product purchased. The Publisher reserves the right to adjust/modify the Pricing and Payment Terms at any given time with the Author duly informed of the changes 30 days prior to the effective date by The Publisher.

REFUNDS/WORK TERMINATION

The following stipulations will trigger the termination of The Agreement as outlined in The Publisher’s Refund Policy:

1. ) The Publisher committed a breach of contract.
2. ) The Agreement was terminated after The Author submitted the manuscript but prior to the beginning of the interior design of The Author’s book.
3. ) The Agreement was terminated after the start of the interior design but prior to completion of the Digital Preview approval form for the Author Book.

The Author is entitled to a full refund, $100 less for administrative fees if The Publisher commits a breach of the terms and conditions in The Agreement. This is to cover the set-up cost incurred by The Publisher. However, only 50% of the paid amount will be refunded to The Author in the Event that The Agreement was terminated after The Author submitted the manuscript prior to the beginning of the interior design. Finally, The Author will only be refunded 25% of the purchase price if The Agreement was terminated after the start of the interior design but prior to completion of the Digital Preview approval form.

The Author’s claim to a refund will be forfeited if The Author fails to provide materials necessary in publishing his/her book after six months from the date of the service or product order. Refund fees related to pre- and post-publication services including, but not limited to copyediting and books sales will be provided. However, costs incurred for corrections will not be refunded by The Publisher to The Author. Moreover, The Publisher does not offer refunds to the publication of second and later editions of The Author’s book. Additionally, a refund will not be provided when The Publisher terminates the publication of The Author’s work due to a breach in The Agreement committed by The Author.

The Publisher reserves the right to discontinue/terminate the publication of The Author’s book without cause. Thus, the right granted by The Author to The Publisher to market and publish his/her work will revert back to The Author. Discontinuance of the publication of The Author’s work at any given time is at the discretion of the Publisher should there be evidence that proves that The Author’s book poses adverse commercial consequences and a risk of litigation to The Publisher. A written notice will be provided to The Author 30 days in advance before The Publisher can legally and officially terminate the publication of The Author’s book. The Publisher is liable to refund the amounts paid by The Author less $100 for the set-up costs if such notice is given prior to the actual publication of The Author’s work to ensure that obligations of each party to one another is cleared.

DELIVERY OF MANUSCRIPT

The publishing services purchased by The Author are considered void if he/she fails to finish and submit his/her manuscript within two years from the date of the publishing services’ order.

BOOK RELEASE

The Publisher will only release The Author’s book once he/she has paid 100% of the amount due. In cases where The Author has paid only 1/3 of the total amount due, The Publisher will hold The Author’s book on queue.

COMPLIMENTARY COPIES

Costs related to production, shipment, and handling of complimentary copies as requested by media outlets and firms shall be at the cost of The Publisher.

DISTRIBUTION

The Publisher’s publishing packages include book distribution for one year in e-book or print form to online retailers. The Author should therefore contact The Publisher after every year to renew the distribution campaign for his/her book as failure to do so will result to the Author’s book being pulled out from online stores.

REVISIONS

Additional corrections made during the production of The Author’s book for Black & White packages will have a base fee of $20 plus $1.50 per correction for the interior only and a base fee of $20 for the cover while Full-Color packages will have a base fee of $45 plus $1.50 per correction for both interior, cover layout, and text). In the event that The Author requests for revisions after his/her book is published, a flat fee of $199 (BW) and $299 (FC) will be charged by The Publisher.

THIRD-PARTY INVOLVEMENT

For digital fulfillment services, The Publisher has an on-going partnership with Lightning Source, Inc. and therefore merely offers publishing services instead of being the distributor or printer. Thus, The Publisher cannot be legally held accountable for the failure of Lightning Source, Inc. to publish The Author’s work on the specified deadline in e-book format. Furthermore, The Author cannot file a complaint against The Publisher for any issues relating to quality of the published version of the Author’s book. Any complaints regarding missed deadlines and the quality of The Author’s published work should be directly handled by Lightning Source, Inc.

AVAILABILITY AND FUTURE REPRINTS

Digital copies of The Author’s book are indefinitely stored by The Publisher and are readily available for reprints at the request of The Author.

COMPLETE AGREEMENT

This document is considered a sole agreement between The Publisher and The Author in its entirety. It shall supersede any other prior agreements made by both The Publisher and The Author and can only be amended with the accomplishment of a documented accord between The Publisher and The Author to enforce the amendment as deemed necessary by both parties.