Terms & Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

 

Disclaimer

Exclusions and Limitations

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
  • excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

We take it upon ourselves to ensure that we precisely exemplify our products and services and their aptitude for generating your presence on the Web. We do not assure you any level of income or sales. By publishing and marketing with us, you accept the risk that sales statements and statistics differ by campaign and are not guaranteed.

As with any Self-Publishing and Marketing Services Provider, campaign results may vary, and are based on your individual capability, entrepreneurial experience, proficiency, and level of aspiration. There are no guarantees as to the level of success you may experience with our products and services. Each campaign’s success depends on an individual’s background, aspiration, and incitement.

The use of our products and services are based on the client’s due diligence and that the client agrees that we are not liable for any success or failure of his or her work, may it be directly or indirectly related to the purchase and use of our products and services.

Payment

Cash or Personal Cheque and all major Credit/Debit Cards are all acceptable methods of payment. A down payment of 30% of the payable amount is required to commence the fulfillment of products and services. Our Terms are payment in full within thirty days. All goods remain the property of the Company until paid for in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing base rate on the outstanding balance until such time as the balance is paid in full and final settlement.

Returned cheques will incur a $25 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

All Check Payments should be sent to the address below:

Everlastale Publishing LLC

3846 Sorrowing Sparrow Court
North Las Vegas, Nevada 89032, USA

We will not be held liable for any Check Payment Concerns, aside from the checks that are sent to the address we have specified.

Cancellation Policy

Minimum 24 hours notice of cancellation required. Notification via email or phone will be accepted subject to confirmation in writing. We reserve the right to levy a $30 charge to cover any subsequent administrative expenses.

Termination of Agreements and General Refund Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway.

Products and services purchased are fully refundable, except for the 30% of the payable amount which is required prior to the commencement of the fulfillment of these products and services.

Once the Order Form (OF) has already been sent, completed, and signed; only 70% of the payable amount shall be returned in response to refund requests.

Please note that refund requests will no longer be honored if (1) author client failed to submit the Order Form (OF) within one month, and (2) once the author client has signed and submitted the Approval Form (AF) of their preferred Service/s.

Publishing Services Refund Policy

We are liable to provide a refund if the client terminated his/her agreement with the company for any of the following reasons; 1) We committed a breach of contract, 2) the agreement was terminated after the client submitted the manuscript but prior to the beginning of the interior design, and if 3) the agreement was terminated after the start of the interior design but prior to completion of the Digital Preview approval form.

The client is entitled to a full refund less 30% of the payable amount if the company committed a breach of contract. This is to cover the set-up cost incurred by the client. However, only 50% refund of the purchase price is provided to the client if the agreement was terminated after the client submitted the manuscript but prior to the beginning of the interior design. Finally, the client will only receive 25% refund 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 client’s right to claim a refund will be forfeited if he/she failed to provide materials necessary in publishing his/her book before six months have elapsed from the date of the service order. Refund fees related to pre-and post-publication services namely, copyediting, books sales, and corrections will not also be provided by the company. Moreover, the company does not offer refund to the publication of second and later editions of the client’s book. A refund is also not provided when the company terminates publications of the author’s work due to breach of contract committed by the client.

The company reserves the right to discontinue/terminate the publication of the client’s book without cause. Thus, the right granted by client to the company to market and publish his/her work will revert to the client. The company has the discretion to discontinue publication of the client’s work at any given time if evidences prove that the client’s book pose adverse commercial consequences and risk of litigation to the company. A 30 days advance written notice will be provided to the client before the company can legally terminate the publication of his/her book. The company is liable to refund amounts paid by the client less 30% of the payable amount if such notice is given prior to the publication of the work. This is to cover the set-up cost that the client incurred and to ensure that both parties will no longer have any further obligations to one another.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website.

This company is registered in United States, registered office 3846 Sorrowing Sparrow Court, North Las Vegas, Nevada 89032

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of England and Wales govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

 

©Everlastale Publishing LLC 2014 All Rights Reserved