AUTHOR SERVICES AGREEMENT
Affixing your signature in this Agreement would imply your business with us to supply you with our publishing, and editorial products and services (“Publishing Services”), marketing, and promotional services (“Marketing Services”), book sale and distribution services (“Distribution”) [corporately referred to as the “Services”], with the purpose of publishing, selling, and/or dispersing a book through hard copies, digital, video, and/or audio format. The exact services you availed may be purchased independently or batched into a “Purchasing Package”, and proposed individually or separately as “Service Orders”. The said Agreement manages and takes effect on all Services we deliver while this Agreement is within the duration of its effectivity, same goes with any acts related to the completion of the Services and other accountabilities under this Agreement.
1. RIGHTS AND WARRANTS
The production work is comprised with intellectual ownership classified into four: (a) Your manuscript; (b) Our work product (c) our ownership and (d) Third party property. Your manuscript should contain the content of the Work, in its initial copy you sent and revised by us upon the completion of Editorial services you purchased, including the visual illustrations or other publishing materials, as entirely approved by the sole owners to be provided by you to be employed in the work.
You, including the individuals you are exclusively authorized to embody in this agreement will continue to be the sole proprietors of all exclusive rights, title, and interest, in and to your manuscript.
The work we create with our contractors comprises the book design, book cover, illustrations and/or graphics, and other required contents in the procedure of the Services’ completion, not including the text of the work). Our imprint logos, watermarked names, trademarks, barcodes, and ISBNs will remain our property, as well as the exclusivity ownership of all rights, title, interest, copyright, in and to our Work and Our Ownership.
The Third Party Property comprises resources or content held by third parties that will be either licensed by us or from you, or in other ways gain authorization in using the work. You are accountable with your compliance of the limitations if your usage of Third Party is liable to certain limitations such as parameters on photo reproductions. The overall right, title, and interest in Third Party Property must remain with the Third Party itself. The Third Party Property licensed with Writers Republic can only be made function in any format and version of the Work that we form, and irremovable or be employed in other versions of the work or other products.
In the course of the Term of this Agreement, for the objective on completing your availed services, and for your adherence with our commitments under the said Agreement, with reference to your manuscript and Third Party Property warranted for your usage in the work, you approve and grant us and our Contractors the following:
- The global privileges and license to showcase, exhibit, reproduce, digitize, revise, license, and otherwise handles your personal data you provided to us (name, preferred pen name, photos, likeness, appearance, digital files: audio & video, voice, and biographical details) and any functional data pertaining to the work (title, work description, excerpts, and illustrations from the work), in the entire materials we produced or on our behalf that consolidate any of the details above, in any form and in overall media;
- The global privileges and license to provide free review copies of the work to the media members, prospect reviewers, or retailers, at our exclusive discretion.
- The particular, transferable, global license to produce, store, utilize, display, execute, wholly and/or partially reproduce, transmit, revise (for modification and formatting objectives), import, create, have made, sale proposal, print, publish, market, sublicense, disperse, individually/ collectively sell, and a usage license to any subscription or lending archetype, by means of all distribution channels available now or at a later part, in any dialect, format, and medium, now recognized or henceforth planned, picked in our sole discretion and stable with your availed services, the work;
Writers Republic will allow you an exclusive, global license to produce, store, consume, showcase, execute, transmit, import, create, have made, sale proposal, print, publish, market, sublicense, disperse, and sell our work and third party property granted from Writers Republic exclusively as it occurs in the type of the work we created. Reselling of book copies you formerly purchased or a third party is not liable to the following terms of this Agreement.
2. FULFILLMENT OF SERVICES
- (a) A completely filled out Title Submission Form and/or the rest of our requested forms;
- (b) Your manuscript
- (c) Full payment for the Services availed.
Our firm will not be held accountable for any loss or damage to your manuscript while it is being delivered or while in our custody, to retain or send back your manuscript or any submitted materials to you. It is important for your manuscript and work to abide with the Content Guidelines (available on the site and upon request) and all pertinent rules and regulations. Authors are recommended to consult an attorney for legal advice, should you have questions or concerns regarding your manuscript or the Work’s abidance with the stipulated rules and regulations.
An electronic copy will be given to you upon your work’s creation, for your complete review before its publication. Author will be required to complete all necessary forms to imply your approval and return it to us timely, should you be satisfied with every detail of the work, if it meets your desired preference, and if you agree with the Suggested Retail Price. Once the final approval is provided, you renounce any and all claims against Writers Republic or our contractor coming from or involving to any assumed slips, lapses, other content or rates issues learnt in the output after the final approval.
The final output will be showcased in our website and affiliated contractors once we receive the final approval of your book, reliably with the services you purchased. Your book can be sold independently in any format and handed out in one or more of the following: (a) divided with only specific parts of the book sold (b) merged, entirely or part with other works and sold as part of a bundle; (c) combined, in whole or in part with other books and distributed as part of subscription service; (d) merged, entirely or in part, then sold as part or involving a lending service. Our firm does not allow any Contractor to offer the book for sale as this will be considered the sole preference of the contractor, or that we will remain to use any specific contractor. The author is responsible for the shipping and handling fees pertinent to the shipment copies of the book towards the author, whether it comprises the services, publishing package, given free, or otherwise paid by you.
All book sales or royalties will be paid to the author except the following: (a) sales of used book copies (b) sales of the book to the author alone, and (c) book copies given to any person for free.
The royalties below are the ones you will receive:
Writers Republic pays 80% royalties of the net profit of your book quarterly. Payments will only be made in those quarters in which the amount due to you totals at least $50.
Your book’s total revenue and royalties are based on a calendar quarter, wherein royalty due will be paid within 90 days after the end of each calendar quarter. We can accumulate and hold back the payment until the sum amount of royalties earned is equivalent or would go over $50. Within 90 days after the end of each calendar year, all apprehended royalties will be fully paid. Please note that royalty payments will be deducted to any remaining dues from the author, and is subject to restraint. Writers Republic holds its right to regulate or modify the payment method used.
4. TERMINATION AND REFUNDS
This Agreement can be withdrawn from either party at any given time, with or without cause, with written announcement to the other party. Upon the withdrawal of this Agreement, we will be sending notices and requests to our affiliates or contractors to stop the production, sale, and book distribution. Yet, we have no control over our contractors’ movements or lapses, or when they prefer to abide with our demands. Even after contractors will cease the book selling, previews may still resurface in the internet media for a long time after it is withdrawn. We will not be held accountable for any copyright breach, or the contractor’s failure to stop the production, sale, and book distribution to take off any excerpts or preview of your work after this Agreement is dismissed, given that we have notified the contractors of the necessary adjustments to be applied. Author will still be responsible for the payment of the balance, as subjected to the Refund requirements below.
Should the author withdraw the Agreement, or either Writers Republic would do such for a cause or without cause (as indicated below) at any given time, after we’ve completed the Publishing and Marketing Services, refunds will be provided as indicated below:
For Publishing Packages:
- Before the manuscript submission:
- 0-60 calendar days after purchasing will be refunded with 100% of the purchase rate, less $150 or 10% of the purchase price, whichever should be greater. Anything beyond the 60 calendar days is no longer considerable for any amount of refund.
- After the manuscript is submitted but before its final approval, if the refund is due to compliance failure with our Content Guidelines:
- After the manuscript is submitted but prior to the design is started will be granted 50% of the purchase price.
- After the design is started but before its final approval will only be granted 25% of the purchase price.
- After you are provided with the book’s final approval, you will be granted zero refund.
- PLEASE NOTE: Manuscript submission ensues when author submits any form of text, images, intended for the production.
For Marketing Services (excluded as part of Publishing Package):
- Before the fulfillment for each service(s):
- Up to 60 calendar days after your purchase will be allowed up to 100% of the purchase price, less $150 or 10% of the price, whichever is larger.
- NO REFUND will be granted for more than 60 calendar days after the made purchase.
- Please note that the ongoing publication or service fulfillment ensues when the author sends the questionnaire back, whether it is incomplete or filled up completely, or when either Writers Republic or the contractor starts their production, whichever commences first.
For Editorial and Add-On Services (excluded as part of Publishing Package):
- If the publication is ongoing or after the fulfilment of each availed service will be granted ZERO REFUND.
5. DISCLAIMER OF WARRANTIES
Please note that SALES ARE NOT GUARANTEED. Writers Republic has no control over our authors’ or book retailers’ individual choices. Our firm cannot and does not guarantee a book sale, or pledge to the least accomplishment of the services availed or the quantity of book sold which may be caused by any or the entirety of services.
6. GENERAL DISCLAIMER OF WARRANTIES.
With the exception of any depictions or warranties clearly presented in this contract, Writers Republic has no other warranty to make, and specifically renounces all other warranties, conditions, or depictions (articulated or imparted, verbal or written, whether resulting by law, course of execution or production, custom in the trade, or in some other way) in terms to the services, or any sections thereby, including but not limited to, all implied warranties (including, but not limited to, the implied guarantees of marketability, or aptness for a specific objective, whether it’s not within Writers Republic’s knowledge, or have reason to know, have been informed, or otherwise is made aware of the said intention), warranty of title, and warranty against breach of the third party’s copyright legislation.
7. WAIVER OF CLAIMS; COMPENSATION
To the maximum extent possible by applied law, author in the agreement therein must dismiss, renounce, liberate, and pledge not to litigate us and our contractors for any accountability towards you, your personal assigns, spokespersons, inheritors in interest, or for any damage, loss, expenses, dues, requests, or actions therefore, ascending from or concerned to, directly or indirectly, Writers Republic or our contractors’ application of the rights, and authorizations bestowed in this Agreement for the fulfillment of Services and its responsibilities, including but not limited to claims for exclusive rights breach, moral rights violation, slander, privacy violations, publicity rights, meddling, false show, divulge of privacy information, physical or emotional damage or any similar claim or reason of wrongdoing, agreement, or any lawful theory, now recognized or after this identified to any power across the globe. For this Agreement’s objectives, ‘actions’ include any lawsuit, governmental, or other happening comprising, but not limited to, administration studies, queries, and other demands, or any plea thereby.
Authors must grant their full responsibility for the manuscript content and its work; and Writers Republic is no accountable to you, to any third party or a specific person for the manuscript content or the work alone, notwithstanding of we had any information or the possibility of knowing any breach of the above depictions of the work or the manuscript otherwise violates the rules.
Author will completely assure and hold harmless, Writers Republic and our contractors, and each individual’s agent, officers, directors, employees, insurers, contractors, inheritors, and allowed assigns from and against any claim, reason of act, request, action, proceeding, liability, losses, cost (containing lawyer charges) or injuries caused from a contract violation, including, but not limited to any infringed or attempted infringement of any preceding representations, warranties, and responsibilities. Up until any claim security under this agreement has entirely completed, we may hold all payments, royalties (if applicable), and/or we may dismiss our business and services with you, holding you no privilege to get a refund of any amount you paid to us.
8. REPARATIONS; LIABILITY LIMITATIONS
Writers Republic is not accountable for any damages pertaining to a contractor’s fault to delete an excerpt of the book or make necessary update of the book’s version bound to this Agreement within its Term, with the proviso we have given notice of the demanded adjustment to the contractor. We will not be held accountable to you for copyright violation, or otherwise for the bookseller’s downfall or contractor to terminate the production, sale, and distribution of the book to take off an excerpt or book preview after this Agreement is ceased, given that we have provided notice to the demanded adjustment to the contractor. Our firm will maintain in paying royalties for any resulting sales from our end or from the contractors after this agreement withdrawal.
LIABILITY LIMITATION. Under no circumstances will we or any of our production team, agents, directors, owners, or contractors be accountable to you or any third party for any usage loss, proceeds or income, data loss or value decrease, or any substantial, occasional, implicit, creditable, special, or disciplinary harms, whether it resulted from copyright breach, contract violation, illegal act (libel and imprudence), or otherwise, without regards to such injury was predictable and whether or not we were given notice of the probable harm or damages, and nevertheless the downfall of any accepted or other treatment of its vital objective.
9. ARBITRATION CLAUSE
AGREEMENT TO ARBITRATE Author and Writers Republic LLC agree to submit any dispute arising under this agreement, with the exception of disputes alleging criminal or statutory violations, to binding arbitration in accordance with the Rules of the Better Business Bureau (Binding). A volunteer BBB arbitrator will render a decision that the arbitrator considers to be fair; in doing so, the arbitrator is not required to apply legal principles. The arbitrator’s decision will be final and binding on both you and us, and judgment on the decision may be entered in any court having jurisdiction. All administrative fees for the arbitration will be paid by the business. Further information about BBB arbitration may be obtained by calling the BBB Serving New Jersey at 609-588-0808. This Agreement to Arbitrate affects important legal rights. Neither of us will be able to go to court for disputes that must be arbitrated.
10. DISPUTE RESOLUTION; MANAGING LAW
Author must submit an adjudication for damages pertaining to or indirectly from this agreement within 180 days after any percentage of your claim builds up.
This agreement, any trial, adjudication, action, or proceeding resulting from or pertaining to this agreement, the services, your manuscript, its publication, and commonly, any lapse including the author, us, and our contractors will be administered and interpreted with the agreed laws of the New Jersey State without affecting any selection or dispute of legal situation or decree (whether of the your residence’s State or any other authority) that would result to the submission of laws of any authority apart from those of the State of New Jersey in connection with the state law matters or to any law of construction that enables or guides that indistinctness be interpreted against the contract drafter.
COMPULSORY ADJUDICATION / CLASS ACTION WAIVER.
Arguments or any claim resulting from or relating to this agreement, the promoting of our services, your enticement to this agreement, including but not limited to claims of or pertaining to misleading or biased marketing practices, falsification, false propaganda, its omission, the violation’s validity for it, will be settled by adjudication in Union City County, New Jersey, directed by the American Arbitration Association (AAA), under AAA’s commercial arbitration regulations, by a single adjudicator. Verdict on the award imparted by the adjudicator may come into any court having authority thereof. The adjudicator will be granted with the authority to govern on any trial to its own power or to the legality or applicability of any section of the agreement to adjudicate. Settlement replaces the right to undergo trial having control over it. The adjudicator will gain the authority control on any trial under its own jurisdiction or to the legality of any agreement’s portion to adjudicate. Adjudication replaces the privilege to go to court. Author will settle his/her agreement to voluntarily and expressively resign any privilege that you were granted to go to court trials.
Either you or Writers Republic may function as a representative, a private attorney general, or in any other form of representation. Author and Writers Republic accept that each may bring statements against the other party, as well as our contractors, only on a personal level and not as a complainant or an associate to an alleged class, joined, a group or individual affair. Moreover, the adjudicator may not incorporate more than one individual’s statement and shall not lead over any joined group, or individual affair, unless both of us (author and Writers Republic) agree otherwise.
Should the author choose not to personally participate, Writers Republic will not make any objections from your participation in adjudication via telephone or through written submission. We grant you the right to withdraw of this Compulsory Arbitration stipulation, which permits you to sue arguments in a court before a judge, after you signed the agreement, if you deliver to us within 30 days, a clear guide to rule out, signed and dated by you through certified mail, return receipt requested, addressed to Attn: 515 Summit Ave. Unit R1, Union City, NJ 07087, USA. Should we not receive any written submission within this duration, your privilege to opt out will be withdrawn, and stipulations in this segment will also take place. If author implements the opt-out selection, each Party accords that it will begin any action of any kind resulting from or pertaining to this agreement, services, publication, or your manuscript against the other party or our contractors, particularly in small claims, circuit or grand courts settled in Union City County, New Jersey, and any trial courts on that premise. In turn of events that a claim ensues in court instead of an adjudication, you and our firm individually waive any right to a judicial proceeding, neither you nor we may bring suit in court individually, not within a class, joined, or representative action, to utilize for judicial process remedies.
11. MISCELLANEOUS STIPULATIONS
The agreement encloses the agreement in full among the parties with reference to the content involved with it, and overrides all prior or coexistent considerations, agreements, settlements, discussions, or representations, either verbal or written. All communications under this agreement by the author to us must be provided in written form sent by physical mail to: ATTN: 515 Summit Ave. Unit R1, Union City, NJ 07087, USA or via e-mail to firstname.lastname@example.org . The agreement may be revised at any given time with a 30-day notice sent via physical mail or email, this excludes Section 1 and the royalty proportions outlined in Section 4. You may withdraw this Agreement fitting in to Section 4 stipulations should you refuse the revision made. Parties consent on having electronic signatures must be incorporated in this agreement with the intention to validate this form and to express identical authority as manual signatures do. This agreement doesn’t comprise anything that will be interpreted in the creation of any linkage, agency, joint partnerships, or other form of shared projects, employment or any sort of relationship between the parties, and neither of the parties will earn the power to contract for or oblige the other party by any means. This agreement will accustom to the advantage of and be confining upon the parties herewith and their individual successors, executors, and/or authorized assigns. Author may refuse to assign any of his/her privilege to entrust any of the responsibilities under this agreement without a written permission from us. Unsupported assignment or designation in breach of this Section is considered invalid and void. Writers Republic holds the right to entrust any of our responsibilities under this agreement to any employees or contractors affiliated with us, at our complete discretion, or to any individual obtaining all or entirety of our business and properties. Any form of abdication to the stipulations above is NOT made functional unless clearly presented in writing. No failure to practice, or interruption in exercising any rights, treatment, or authority provided from this agreement functions or shall be understood as waiver with the exception of respect to stipulations which need action within a specific duration. Any individual or fractional exercise of any right, treatment, or authority under this agreement will not prohibit further exercise from this circumstance or the exercise of any other privilege, treatment, or authority. Should there be invalid, unlawful, inoperative terms stipulated in this agreement, suchlike inadequacy, nullity, or illegitimacy will not impact any of the agreement’s term or stipulations, nullify, or depict impracticability of these terms and conditions in any other authority. Not either party will be accountable or considered to have this agreement violated, for any delay or failure in completing or executing any agreement’s term when and as far as such failure or such postponement resulted from any unpredicted situation beyond our control, including but not limited to any natural catastrophe, war, assassination, labor conditions, fire, flood, typhoon, third party acts or administrative move, limitations, or delays impacting the functionality of our contractors to fulfill the services in a timely manner.
I HAVE READ, I UNDERSTAND, AND I AGREE TO CONFORM TO THE STIPULATED GUIDELINES, RELATED LAWS, AND RULES. I HAVE ALSO READ, UNDERSTAND, AND I AGREE TO THE TERMS STIPULATED ON THIS SERVICES AGREEMENT.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers on the day and year first above written.