This Service Agreement with AuthorCentrix sets the standard terms and conditions for the various publishing and marketing services offered. AuthorCentrix reserves the right to modify the Terms of Service at any time without prior notice.
1. NAMES AND DESCRIPTION OF SERVICES
The following is a list of services that will be performed wholly, or in-part according to each client’s specific needs, objectives, and agreed upon packages. There is no guarantee of immediate results upon employing any of the the services listed below.
a. Black & White or Full-Color publishing packages. These may include additional services such as editorial, design, printing type, and marketing & distribution services.
b. Creating a responsive, interactive, and Online Visibility-supported website.
c. Issuing Press Releases related to the promotion of the book.
d. Creation of Book Video Teasers
e. Social Network Account Management Service
f. Coordinating Book Fair Displays
g. InfoAdvertisement at Authors’ Hub Website
The Author represents that he or she is the sole author of the Work and is the owner of the copyright to all of its contents; that he or she has not engaged in plagiarism and that the Work, if fiction, represents no real event or person(s) that could in any way be deemed libelous and that, if nonfiction, does not misstate or omit any fact which would libel any person(s) or result in a person(s) being placed in a false or damaging light; and that the Work does not infringe the copyright, trademark or privacy of any third party; and that he or she is owner of any trademarks and/or trade names associated with the Work; that the Work does not constitute obscenity or hate literature and that the author has the right to enter into this Agreement.
Author represents and warrants that s/he is eighteen years of age or older. If Author is under the age of 18 years of age, then Author represents and warrants that Author’s parent or legal guardian is executing this Agreement and assuming all liability for the warranties and responsibilities set forth herein.
3. DISCLAIMER OF WARRANTIES
AuthorCentrix does not guarantee sales success from the services provided. AuthorCentrix is not liable for any level of achievement or failure of his/her work, may it be directly or indirectly related to the purchase and use of our products and services.
The Author agrees to obtain all permissions that are necessary for the use of materials copyrighted by others. The cost of providing these permissions shall be borne by the Author. Permissions shall be obtained in writing and copies shall be provided to AuthorCentrix when the manuscript is delivered.
5. COPYRIGHT AND TITLE REGISTRATION
Both parties, AuthorCentrix and the Author have the right, but not the obligation, to register the Author’S copyright for the completed WORK with the Copyright Office, Library of Congress. According to the Copyright Law of 1976, the rights to all design and art work, including but not limited to photography and or illustration created by independent photographers or illustrators retained by Designer, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of All Rights (A Buyout) is negotiated with Designer and/or his/her authorized representative, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding. If printing or other implementation is done through your vendors, you agree to return to us all our original mechanicals and artwork (slides, prints, drawings, separations, etc.) within two weeks, and to provide us with printed samples of each project. We reserve the right to photograph and/or distribute or publish for our company’s promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm newsletter, brochures, slide presentations and similar media.
6. ROYALTIES & PRICING
Author receives 100% of the Royalties Profit for each wholesale print copy sold for which AuthorCentrix receives payment, minus shipping, handling and processing fees. Royalties profit is defined as the difference between the Base Price and the Wholesaler’s Price. Royalties will be computed every quarter and will be paid by check, two weeks after a quarter ends. The check will be mailed to the Author’s address as supplied by the author in this agreement. Checks not cashed by the Author within 90 days of issue will be cancelled by the bank and subject to a $25 administrative fee if the Author requests a replacement check. The author is responsible for maintaining a current address on file. Any royalty check which is returned as undeliverable due to an outdated address in the Author’s Center will be reissued to the author within 90 days of the author’s request (administrative fees, defined herein, apply). Any royalties unclaimed after two years revert to AuthorCentrix.
7. TERMINATION AND REFUNDS
Author or the publisher may terminate this Agreement by giving the other party a 30-day written notice transmitted via U.S. mail to the respective addresses provided by either publisher or author. If the Agreement is terminated by AuthorCentrix, any publishing or marketing fees will be refunded in full (or applied against any outstanding amounts in the author’s account) minus 10% shipping and processing fees.
If the Agreement is terminated by AuthorCentrix due to a breach by Author of this Agreement, no fees shall be refunded. AuthorCentrix reserves the right to seek compensation for work performed in the event of breach. The author retains the copyright for this work, and no part of this Agreement diminishes the author’s rights to this work.
Refund Policy is explained as follows:
A. PUBLISHING PACKAGES:
A1. Before Submission of the Manuscript*
- 0-30 calendar days after paying for the package/s: 100% of total purchase price, less $150 or 10% of the total purchase price (Administrative/Processing Fee), whichever is higher.
- 30-60 calendar days after paying for the package/s: 25% of total purchase price will be refunded.
- More than 60 calendar days after paying for the package/s: No refund will be issued.
A2. After Submission of the Manuscript* but Prior to Final Approval (manuscript must pass content evaluation):
- After submission of Your Manuscript* but before actual work begins: 25% of total purchase price will be refunded.
- After actual work begins but prior to final approval: 10% of total purchase price will be refunded.
A3. After Author Has Given Final Approval of the Work:
- No refund will be issued.
* Submission of the Manuscript is defined as when Author first submitted to AuthorCentrix any text or images (sent via mail or electronically) intended for publication.
* Manuscript in this contract means any text, images, or multimedia content.
B. MARKETING SERVICES
B1. Before the Start of Fulfillment of the Marketing Service/s:
- 0-30 calendar days after paying for the service/s: 100% of total purchase price, less $150 or 10% of the total purchase price (Administrative/Processing Fee), whichever is higher.
- 30-60 calendar days after paying for the service/s: 25% of total purchase price will be refunded.
- More than 60 calendar days after paying for the service/s: No refund will be issued.
B2. After the Start of Fulfillment of the Marketing Service/s:
- No refund will be issued.
C. SERVICES THAT ARE NON-REFUNDABLE UNDER ANY CIRCUMSTANCES:
- Book Review Packages (Kirkus, BlueInk, Your First Review, etc.)
- Book Fair Services
- Book Videos
- Ingram Advance Catalog Marketing Services
- Orders of Additional Book Copies
The Author agrees to indemnify, defend and hold harmless AuthorCentrix, its employees, shareholders, directors, partners, representatives, successors and assigns of, from any and all manner of claims, liabilities, damages, losses, expenses (including attorney’s fees), awards, and judgments resulting from claims of third parties regarding ownership, libel, slander, plagiarism, privacy violations, copyright infringement, misappropriation, and similar claims arising from publication of the Work. AuthorCentrix may be represented in any proceeding by counsel of its choice; the Author may retain additional counsel at his or her own expense.
6. TERMS AND EXCLUSIVITY
This Agreement is nonexclusive; the Author retains the copyright for this Work and may enter into other publishing agreements. Either party has the option to terminate the Agreement at any time, with or without cause. If the Agreement is terminated by the Author prior to publication, publishing fees less any fees for pre or post publication services such as page layout or any add-on service already fulfilled, will be refunded (or applied against any outstanding amounts in the Author’s account.) If the Agreement is terminated by AuthorCentrix, all publishing fees will be refunded in full (or applied against any outstanding amounts in the Author’s account). Publication fees are defined as those fees directly associated with disk and/or paper manuscript submission. Fees related to other pre or post publication services, such as data entry, corrections, cover design, image processing, or book sales, are not refundable. Fees for the publication of subsequent editions of the Work are not refundable. If the Agreement is terminated by AuthorCentrix due to a breach of Agreement by Author, no fees shall be refunded.
All notices to AuthorCentrix must be sent in writing to its office at 25220 Hancock Ave #300, Murrieta, CA 92562. All notices to the Author shall be in writing to the address specified by the Author.
8. COMPLETE AGREEMENT
This written Contract contains the sole and entire Agreement between the parties and shall supersede any and all other prior agreements between the parties. This Agreement may not be modified or amended except in writing signed by the party against whom such modification or amendment is sought to be enforced.