Book Publishing Agreement
Please read the terms and conditions that will legally bind Bookwhirl.com (“the company”) and you (“author”). The failure of either party to adhere to the stated terms and conditions make them subject to termination of contract. The terms and conditions can only be deemed valid once you (“author”) agreed to sign the contract.
The author guarantees to the company that he/she possesses sole ownership of his/her book and is the owner of the copyright of its contents. Moreover, the author assures that he/she did not commit plagiarism in relation to his/her book and ensures that its contents are entirely his/her creation. Bookwhirl.com can decide at its discretion if the author’s book is subject for violation or complaint with the content policy, including but not limited to cover image, product data, book file, and other specifics. The author must ensure that his/her book does not contain libelous, illegal, offensive, threatening infringing, legally obscene, defamatory and intentionally hateful, and harmful or potentially harmful contents.
The author warrants or guarantees that 1) the book does not contain advertisements that either explicitly or implicitly persuades readers to purchase a product other than the book, 2) that the book does not contain materials that the author is not authorized or own a copyright to distribute, and 3) the contents do not pose intentional harms or potentially harm the reputation of an individual or a third party. If the author failed to abide the aforementioned cases, Bookswhirl.com has the right to terminate the author’s account.
The author reserves all rights of ownership for his/her book. Bookwhirl.com does not possess any right of ownership to the author’s book. The company recognizes that it only functions as a provider of services including but not limited to book sales, online availability, and printing. In addition, the company acknowledges that it does not have the right to review or correct the content of the author’s book.
BOOKWHIRL.COM WORK RIGHTS
The author recognizes that Bookwhirl.com reserves all property rights and all ownership of the materials, files, and data, collated upon the preparation for the publication of the author’s book. This may include but not limited to materials, file, and data in the possession of the Bookwhirl.com regardless if it’s completed or not. All files and data generated by Bookwhirl.com are considered as its property.
The author reserves full ownership of his/her book. However, the company may use the author’s book, or excerpts thereof, in print and online collateral, for advertising, publicity, and marketing purposes.
WORKING WITH MINORS
The company deemed it necessary for parent or legal guardian of authors below 18 years old to co-sign the Book Publishing Agreement. The parent or legal guardian should also authorize the payment for the publishing and/or marketing services availed by the author.
The agreement between Bookwhirl.com and the author is non-inclusive in nature; thus, it allows the author to continue publishing the book to any other agents, publishers, firms and the like. In addition, Bookwhirl.com allows the author to engage in any other agreement at any given time as long as he/she does not sever his/her agreement to the company and if he/she grants other agent/firm/publisher the exclusive rights.
PRICING AND PAYMENT TERMS
BookWhirl.com pays royalties quarterly. Payments will only be made in those quarters in which the amount due to you totals at least $50. Unpaid amounts due will accrue until the next quarter in which the amount due is at least $50. However, if the amount due still doesn't reach $50 on the third quarter, payment will already be released. Payment will be in the form you select when you register for the Service, or as subsequently updated as permitted by the Service. The company reserves the right to adjust/modify the Pricing and Payment Terms at any given time. However, Bookwhirl.com ensures that authors will be informed 30 days prior to the effective date.
Bookwhirl.com is liable to provide a refund if the author terminated his/her agreement with the company for any of the following reasons;
1) Bookwhirl.com 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, 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 author is entitled to a full refund less $100 administrative fee if the company committed a breach of contract. This is to cover the set-up cost incurred by the author. However, only 50% refund of the purchase price is provided to the author if the agreement was terminated after the author submitted the manuscript but prior to the beginning of the interior design. Finally, the author 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 author’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 author’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 author.
Bookwhirl.com reserves the right to discontinue/terminate the publication of the author’s book without cause. Thus, the right granted by author to the company to market and publish his/her work will revert to the author. Bookwhirl.com has the discretion to discontinue publication of the author’s work at any given time if evidences prove that the author’s book pose adverse commercial consequences and risk of litigation to the company. A 30 days advance written notice will be provided to the author before the company can legally terminate the publication of his/her book. The company is liable to refund amounts paid by author client less a $100 if such notice is given prior to the publication of the work. This is to cover the set-up cost that the author incurred and to ensure that both parties will no longer have any further obligations to one another.
The publishing service availed by the author is deemed as void if he/she failed to finish and submit his/her manuscript within two years.
BookWhirl.com will only release the author’s book once he/she has paid 100% of the amount due. In the case when the author only paid 1/3 of the total amount due, BookWhirl.com will hold the author’s book on queue.
All costs related to production, shipment, and handling of complimentary copy requests by media outlets shall be shouldered by BookWhirl.com.
BookWhirl’s publishing package includes one year distribution of book, may it be an e-book or print, to online retailers. The author should therefore contact BookWhirl Publishing after two years to renew the distribution package for his/her book. Failure to do so will result to the pulling out of a book from these online stores.
Additional corrections made during the production of the book will cost fees. For Black & White: a base fee of $20 plus $1.50 per correction (interior), base fee of $20 for cover. For Full-Color: a base fee of $45 plus $1.50 per correction (both interior and cover layout or text). If the revisions are requested after the book is printed flat fee of $199 (BW) and $299 (FC) will be charged.
BookWhirl.com is in alliance with the Lightning Source, Inc. for digital fulfillment services. The company merely offers publishing services instead of act as the main publisher. Thus, BookWhirl.com cannot be legally held accountable for the failure of Lightning Source, Inc. to publish your work on the specified deadline. Furthermore, the author cannot file a complaint against BookWhirl.com for any issues relating to quality of the published book. Any complaints regarding the deadline and quality of the published word should be directly filed to the Lightning Source, Inc.
AVAILABILITY AND FUTURE REPRINTS
Bookwhirl.com ensures that books are available whenever the author decided to print more books in the future. All books are digitally stored by the company.
This written contract is deemed as the sole and entire agreement between Bookwhirl.com and the author. It shall supersede any other prior agreements made by the two parties. This agreement can only be amended once a writing signed by the party is presented to enforce amendment.