Publishing Agreement10 March,2015
This Publishing Agreement (“Agreement”) is made between LitFire Publishing (the “Publisher”) and you (the “Author”). Failure of either party to comply with the terms and conditions below may result in the termination of the contract. The terms and conditions shall only be valid when you (the “Author”) agree to the contract in writing. The Publisher and the Author may be referred collectively as the Parties.
1. Author’s Right to Ownership
The Author acknowledges and agrees to the following:
I. All publishing rights and copyright are reserved to the Author for his/her work (the “Work”), which is the subject of this Agreement and is entitled <<WORKING OR ACTUAL TITLE OF THE WORK>>.
II. The Author shall have the right to review, approve, and disapprove the title of the Work, and the Author shall be reasonably consulted on the Work’s cover design.
III. The Publisher only functions as a service provider.
IV. The Author grants (during the term of this Agreement and for a mutually agreed-upon time thereafter) the Publisher a limited, nonexclusive right to print and distribute the Work.
V. The Publisher reserves the right to use excerpts or parts of the Work for the sole purposes of marketing and promotions.
The rights granted to the Publisher in this Agreement may be utilized throughout the world for the length of time stated in this Agreement.
The Author warrants and guarantees to the publisher that he/she possesses sole ownership of the Work and is the owner of the copyright of its contents; that the Work is original and not in the public domain; that it contains no libelous, illegal, legally obscene, and intentionally hateful content. The Publisher reserves the right to decide, at its discretion, if the Work may be subject to violation or complaint with the content policy, including, but not limited to, book file, cover image, interior illustrations, and product data.
4. Publisher Rights
The Publisher retains all property rights to all the materials in the possession of the Publisher and the Publisher’s computers and servers while in the process for the Work’s publication. These materials include, but are not limited to, production data, files, and materials (including promotional and marketing materials), whether completed or not.
The Author also grants the Publisher, its affiliates, and contractors the worldwide right to use, display, promote, advertise, and exhibit the book for the sole purposes of marketing and promotion, in whole or in part, and in combination with other books that may be sold bundled or as a part of a subscription, in all media now or hereafter devised, including all digital, audio, and print media.
The Author also understands that he/she must follow the timeline, schedule, and other rules set by the Publisher in reviewing and approving the marketing materials included in the publishing package, if applicable to the Author’s chosen package.
All copies of the Work in all formats will bear a copyright notice in the name of the Author as prescribed by applicable copyright laws of the United States of America or as such in other countries as the Publisher deems feasible or desirable. The proper copyright notice(s) necessary to protect copyright shall be printed on the reverse side of the title page, or in another appropriate place, in every copy thereof, in the name of the Author. The Publisher shall have the right to affect any renewal of copyright provided by law and the right to any assistance from the Author or his/her heirs, successors, or assigns, essential hereto.
6. Delivery of the Manuscript
The Author shall deliver to the publisher one copy of the complete manuscript in the English language in a form and file compatible to the Publisher’s computerized system on which the Work is stored. The Publisher shall use its best efforts to inform the Author of the manuscript’s receipt and to advise the Author whether or not the Work is compatible with the Publisher’s services.
7. Manuscript Deadline
The publishing service purchased by the Author will be deemed as void if he/she fails to finish and deliver his/her manuscript within two (2) years upon the Publisher’s receipt of the Publishing Order Form.
8. Artwork, Permissions, and Other Materials
The Author shall deliver to the Publisher at the Author’s sole expense—not later than the initial delivery date or such other date(s) as may be designated by the Publisher—original art, illustrations, maps, charts, photographs, or other artwork the Author has prepared for his/her Work. The Author shall also deliver written permissions and authorizations for the use of copyrighted or other proprietary materials owned by any third party that may appear in the Work.
If the Author decides to purchase such materials from a third-party vendor as part of his/her preparation for the production of the Work, the Publisher shall acquire or prepare the materials on behalf of the Author.
If the Author decides to use the images of celebrities and other renowned personalities in the book cover or in any part of the book, it is the Author’s sole responsibility to procure the permission to do so.
9. Editorial Changes
If so requested as a service by the Author and after the manuscript has been accepted by the Publisher, no change may be made to the material without the Author’s written approval.
Depending on the Author’s consent, the Publisher may copyedit the manuscript in accordance with its standard of correct punctuation, grammar, spelling, and word usage.
Once the Publisher sends the copyedited manuscript back to the Author, he/she shall make revisions and corrections so that the edited manuscript is reasonably acceptable to the Author. The Author must return the manuscript to the Publisher within ten (10) business days from receipt. In case of delays due to the Author’s unreasonable willingness to review the changes, the Publisher will not be held liable. Moreover, it is the sole duty of the Author to conduct any fact-checking in the manuscript.
For maximum security, the Author must only communicate with a LitFire staff whose email address should have a valid LitFire domain (i.e., [email protected]). Any payment or service agreement made with people whose email address does not have a proper LitFire domain is considered null and void.
If the service is already in the process of production, the Author is encouraged to communicate with the Fulfillment Officer instead of the Sales and Marketing Specialist.
11. Pricing and Payment Terms
After consultation with the Author, the Publisher shall have the right, but not the obligation, to publish and republish the Work at its own expense in such format and style and at such price as it deems suitable in accordance with the price agreed by the Parties in writing. The price of the Work shall be based on the type of print; type of binding; number of pages of the Work’s final version; services rendered during the editing, design, and set-up processes; and any royalties or copyright fees that may be involved, as well as consideration for the market price within the Work’s genre.
The Publisher pays royalties quarterly. Payments will only be made in those quarters in which the amount due to the Author totals at least $50. Unpaid amount due will accrue until the next quarter in which the amount due is at least $50. In the event the amount due in the second quarter still does not reach $50, payment will still be released according to the total amount.
For sold copies of the Work, the total payment to be given to the Author is 100 percent of the royalties for purchases made through the Publisher’s website/online bookstore minus the printing cost. For online resellers, the total payment to be given to the Author is 100 percent of the wholesale price on the reseller’s website minus the printing cost.
Total book sale royalties will be sent to the Author in the form he/she selects when he/she registers for the service or as subsequently updated as permitted by the service. The Publisher reserves the right to make adjustments to the Pricing and Payment Terms at any given time. However, the Publisher ensures that Authors will be informed within thirty (30) days before the change is effective.
12. Billing and Payment
For the security of the Author, he/she must only transact with an authorized LitFire staff on the Billing and Finance Department or Fulfillment Department. The Author must remember that Sales and Marketing Specialists are not allowed to process the payment for any services. All payments made directly to anyone except the authorized staff are considered null and void.
13. Refund and Work Termination
The Author may terminate the Agreement at any given time for the following reasons:
I. Breach of Contract by the Publisher
a. Breach of Contract is defined as the Publisher commits a material breach, also known as total breach. It refers to a failure to perform essential terms of the contract that results in a negative effect on the service.
b. In such cases, the Author will receive a 100 percent refund.
II. Author’s Death / Disability
a. In such cases, the Author or their heir, successor, or anyone legally proclaimed as their heir will receive a 30 percent refund.
III. Other reasons deemed reasonable by the Author and Publisher.
However, in such cases, a refund request shall only be made within sixty (60) days from the invoice date. Moreover, the Author must adhere to the following conditions:
I. For any publishing service with a price above $150, a setup fee of $100 plus the credit card processing fee will be deducted from the Author’s payment.
II. For any publishing service with a price below $150, a setup fee of $50 plus the credit card processing fee will be deducted from the Author’s payment.
III. The amount to be given back to the Author also depends on the stage of publishing service completion.
IV. The amount given back to the Author depends on whether the services included in a publishing package are refundable or not as set by the rules of the Publisher. See Exhibit A and Exhibit B.
V. After approval of printing, the publishing service becomes nonrefundable.
VI. The Publisher reserves the right to reject a refund request due to a breach of contract committed by the Author.
a. Breach of Contract is defined as the Author committing a material breach, also known as total breach. It refers to a failure to provide materials necessary in publishing his/her Work after sixty (60) days after the invoice date.
VII. The Publisher reserves the right to terminate the publication of the Author’s Work without cause or if the Work is proven to pose adverse commercial consequences and risks litigation to the Publisher at any given time. In such cases, the rights granted by the Author to the Publisher will revert fully to the Author. In such cases, the terms and conditions on refunds, as stated in this Agreement, will apply.
14. Book Release
The Publisher will only release the Author’s book for distribution once the Author has paid 100 percent of the amount due. In case the Author pays only a fraction of the total amount due, the Publisher will put the publication of the book on queue.
15. Complimentary Copies
All costs related to the production, shipment, and handling of complimentary copies requested by media outlets shall be covered by the Publisher.
For additional corrections made during the production of the book, the Author shall adhere to the following conditions:
A. For Black and White Publishing
a. A base fee of $25 plus $1.50 per correction (interior) and a base fee of $20 for the cover will be collected from the Author.
b. If the revisions are requested after the book is printed, a flat fee of $200 will be charged to the Author.
B. For Full-Color Publishing
a. A base fee of $50 plus $1.50 per correction (both for the interior and cover layout or text).
b. If the revisions are requested after the book is printed, a flat fee of $300 will be charged to the Author.
C. Revisions for the publishing package include the following:
a. Back-cover copywriting, copyediting, book indexing, developmental editing, ghostwriting, and press release.
• 2 rounds of revisions, unlimited corrections per round.
• Succeeding corrections will incur a $50 fee, except grammatical and typographical error corrections.
b. Book-cover design, formatting and layout, image enhancement, and illustration.
• 1 round of revision, unlimited corrections per round.
• Succeeding corrections will be billed per hour.
D. Revisions for e-book publishing packages include the following:
• E-book Publishing Basic: 2 rounds of revisions, unlimited corrections per round.
• E-book Publishing Advance: 3 rounds of revisions, unlimited corrections per round.
• Succeeding corrections for both Basic and Advance will be billed $1 per word/format.
E. E-book conversions
• E-book Conversion Starter: 2 rounds of revisions, unlimited corrections per round.
• E-book Conversion Medium: 2 rounds of revisions, unlimited corrections per round.
• E-book Conversion Large: 3 rounds of revisions, unlimited corrections per round.
• Succeeding corrections will be billed $1 per word/format.
17. Limited Liability
(i) Author will provide the Publisher all information and materials deemed necessary to complete the services in a legal and/or lawful manner, and at the Author’s full liability, with the Publisher having no legal responsibility for the accuracy or legitimacy of the said information or material.
(ii) Parties agree that the Publisher shall not be liable for expenses, loss of profits, reasonable attorney fees, or any other incidental and consequential damages under the following instances:
a. Damages resulting from a fortuitous event, like flood, earthquake, windstorms, and other uncontrollable forces of nature
b. Damages arising from the nonperformance of the Author of the obligations set forth under this Agreement
c. Damages caused by the negligent acts of the Author
d. Other similar instances
(iii) Except in instances of the Publisher’s fraud, Author may at no time convey any legal action against Publisher for any loss, damage, expense, action, and/or claim for injury to persons and damage to property arising out of or in connection with Publisher’s services under this Agreement.
18. Third-Party Involvement
The Publisher is in affiliation with Lightning Source Inc. for digital fulfillment services. The Publisher merely offers publishing services but will not act as the main printer. The Publisher cannot be legally held accountable for the failure of Lightning Source Inc. to publish the Author’s Work on the date specified. However, the Publisher will take responsibility for filing complaints regarding punctuality, delivery, and the published book’s quality. The complaints to be filed will be sent directly to Lightning Source Inc.
19. Availability and Future Reprints
The Publisher ensures the Author that books are available whenever he/she decides to print more books in the future. All books and their associated artworks and indexes are digitally stored by the Publisher.
20. Entire Agreement
The Agreement set forth in the entire agreement of the Parties replaces and supersedes any previous agreement between the Parties on the subject, whether oral or written, expressed or implied.
By signing this Agreement, the Author understands and agrees to all the terms and conditions specified in this Agreement.
No amendment of, addition to, or modification of this Agreement shall be effective unless reduced to writing and signed by the Parties hereto.
Any and all actions or proceedings arising out of or relating to this Agreement will be governed by and interpreted in accordance with the law of the State of Georgia and will be subject to the exclusive jurisdiction of the courts located in the State of Georgia.
• Book trailer services
• Targeted press release
• Book promotion merchandise