Welcome to the World of Electronic Publishing for Writers & Readers
Terms and Conditions
This agreement between you the writer, hereinafter referred to as the “author” and JUST WRITE 4 US Co. Ltd hereinafter referred to as the “publisher” with respect to any work submitted to be published by JUST WRITE 4 US Co. Ltd, will be hereinafter referred to as the “work”.
contains the terms and conditions of business upon which the publisher agrees to publish the work written by the author and upon which terms the author enters into agreement with the publisher with respect to publication of the work. It is anticipated and expected that both parties to this agreement will not only adhere to the specific terms as laid out in this agreement but will also fully adhere to the spirit of the agreement also.
In this agreement any reference to the male gender will apply equally to the female gender or neuter.
Section I. Publishing Rights
The author agrees to grant to the publisher exclusive worldwide English language rights to publish and sell the work in:
• Any and all forms of electronic format including but not limited to E-Book Edition (readable text digital format provided in electronic download, disc, CD/CD-ROM, E-Book Reader or similar media of presentation).
• Printed paperback edition. (if applicable)
• Printed hardcover edition. (if applicable)
The author grants full subsidiary rights in respect of publication and sales defined under this Agreement. The publisher may offer for license or reproduction any portion of the author's work in any format listed above. The author agrees that he has no other extant contracts with any other publishing entity.
Section II. Length of Contract
This Agreement shall last for a minimum initial period of one (1) years from the actual date of publication, with automatic yearly renewal up to four (4) years total, with automatic monthly renewal after that in perpetuity.
Section III. Termination of Contract
After the initial one (1) year period as stipulated in the Length of Contract, this Contract may be terminated by either the author or publisher with a 30-day written notice by receipted or traceable delivery service, including e-mail where return acknowledgement is received, and all rights granted to the publisher will revert to the author at the time of the termination. Upon this termination, the publisher will remove listing of the work from its website and all download-based distributors and advise any all relevant bodies that that particular work is no longer in print.
At any time during the initial one (1) year period, the publisher may, at its discretion, remove the work from publication or distribution for reasons which it deems are against the best interest of the publisher or the author or against the policies and principles of the publisher.
Section IV. Defamation and Illegality:
The publisher is under no obligation to publish a work that there is reason to believe is defamatory or otherwise illegal or unlawful in any way.
Section V. Third party enquiries:
The author warrants specifically that if he is approached or contacted in any way by any person or entity wishing to publish or reproduce any extract or in whole in any format whatsoever the work, he shall with all due diligence pass on all the details of the person or entity to the publisher at the earliest possible time. The author agrees not to enter in to any negotiations with any other party with regard to reproduction in any format of the work and is not authorized as an agent or representative of the publisher to act in or purport to act in such a manner.
Section VI. Author Warrantees
The author warrants that he is the author and sole owner of the work or has been assigned the rights stated above; that it is original and contains no matter unlawful in its content, nor does it violate the rights of any third party, that the work is not in the public domain. The author also warrants that these rights are owned or controlled by him without encumbrance and that he has full power to grant the listed rights to the publisher.
If the work has been previously published in any form, the author warrants that the rights granted herein have reverted to the author. As an addendum to this agreement, the author shall present some written memorandum documenting the reversion of the rights granted by any publishing company that may still own proprietary rights to the work.
If a judgment is obtained against the publisher for usurping rights still controlled by any other entity than the publisher or author, the author agrees to indemnify the publisher for any and all reasonable damages and costs. If the publisher prevails against a suing party or resolves the matter by out-of-court settlement, the author will be liable to indemnify the publisher for defence and settlement costs if the author's warrantees are found to be invalid.
Section VII. Copyright Ownership
The author is the owner of the copyright of the work. As a condition of this Agreement, the author must take responsibility for printing in a clear and legible manner, a Copyright Notice identifying the author as the owner of the copyright .
Section VIII. Royalty Commissions
In compensation for this grant of rights, the publisher hereby agrees to pay the author the following Royalty Commissions:
• 80% of Net Sales from the sale of all downloaded electronic editions of the work.
• 80% of Net Sales from the sale of all electronic editions of the work distributed on any electronic media.
• A percentage of Net Sales from the sale of all bound printed editions of the work. (if applicable) subject to negotiation with the bound edition publisher.
Net sales are defined as the total amount received by the publisher from the wholesale or retail sale of the work minus the printing expenses, costs to sell and total amount of any returns of the work. Wholesale amounts vary with each wholesaler/distributor. Consignment placements are not sales until the merchandise is both actually sold to the end consumer and publisher receives payment.
The author will receive no royalties on copies of the work considered complimentary, i.e., those used for charitable, advertising and review purposes.
Section IX. Royalty Payment Schedule and Statements.
Royalty statements will be produced and forwarded to the author monthly, not more than thirty days after the end of the royalty month. Royalties shall be paid contemporaneously with issuance of the royalty statement. Payments will be made by cheque or electronic payment in sterling.
Payment of taxes on royalties is the sole responsibility of the author in all cases. The publisher will comply with any and all statutory requirements regarding notification to the Inland Revenue or any other statutory body regarding royalty payments made.
If the author should die before all royalties have been paid, the publisher will pay royalties to the author's heirs, assigns or beneficiaries.
If the author fails to advise the publisher of any changes in electronic mail address or bank account number if royalties are paid by electronic funds transfer that prevent the timely payment of royalties, the publisher is authorized to hold, without penalty, payment of royalties until current information is received. If a cheque sent by post is returned by the post office or express delivery service as undeliverable, the publisher shall first attempt to contact the author by all existing contact information before unilaterally withholding payment of royalties until the author contacts the publisher.
In the event that additional works by the same author are currently being marketed by the publisher, royalty accounts from all such titles shall be combined with that for this work.
The author's royalty statement will include: date of the royalty period; title of work; number of copies sold during royalty period (broken down by printed and electronic versions), and net total amount of all sales; number of copies returned during a royalty period, and total amount of all returns; net amount owed during a royalty period; royalty percentage rate (broken down by printed and electronic versions); withholding amount if applicable; and amount owed to the author.
Section X. Preparation of Manuscript
The author shall provide an acceptable, final revision of the manuscript in electronic format. The electronic format used will be Microsoft word or rich text format as preferred by the author. The work may be transmitted to the publisher as an upload via the publisher's web site. The publisher is not liable or responsible for the safe delivery of the work in any circumstances. It is the responsibility of the author to keep a complete copy of the manuscript available in digital form in the event of computer failure at the publisher.
Section XI. Author's Name or Pseudonym
The author has the exclusive right to the use of the author's name or pseudonym listed as the author in connection with this work. The publisher cannot prevent the author from using the same name or pseudonym for any other publisher or for any other book genre. The publisher will have a non-exclusive right to use author's name, likeness and biographical material for the purposes of advertising, publishing and promoting the work itself.
Section XII. Ownership of Characters
Except as allowed under the sections of this agreement governing promotion of the work, the author owns the characters and controls their use in sequels or series books, whether published by the publisher or another publisher. The publisher will have a non-exclusive right to use the title, and all material, including characters in the work, for the purpose of advertising, publishing and promoting the work.
If the author writes another work that is a sequel to the work covered in this agreement, using an identical theme and/or major characters from the contracted work, the publisher retains a right of the first refusal for the subsequent work. If the publisher does not accept for publication this additional work within 90 days of submission, it will be considered refused and the author will be free to market rights to new work without encumbrance.
Nothing in this agreement shall obligate the author to submit any additional, unrelated works to the publisher.
Section XIII. Publisher's Name and Trademark
The author will not have rights to, or in, any trademark, service mark, trade name or logos used by publisher, unless expressly permitted to do so in writing. The author may, with the publisher's permission, have limited use of the publisher's marks, symbols or name for use in approved promotional material. The author may use the cover art in author's promotional material. The publisher's provided and/or copyrighted cover art may not be used by other publishers producing the work in formats not listed in section X without permission of the publisher. Any remuneration for the use of this cover art will be separately negotiated between publishers.
Section XIV. Author's biographical information and book cover blurb.
The author will provide the publisher with a publicity biography and suggested blurb(s) for use on book cover, website and promotional literature. A photograph, in digital format for web site use (hard copy may by agreement be acceptable in the case of printing in book format), is optional. The publisher reserves the right to edit or rewrite blurb(s) as necessary for length or content.
Section XV. Promotion and Promotional materials
If the work is available in a downloadable format, the publisher may, as its option, provide the author, consumer or distributor/vendor with a single downloadable master document from which a specific number of copies equal to not more than the number of copies equal to not more than the number of copies purchased may be made. This will be considered the same as if the publisher provided individual downloads and shall be counted as individual unit sales, even if the author, consumer or distributor/vendor fails to make as many copies as he has purchased. Any unused copies from a single download master will not be returnable to the publisher.
The author has permission from the publisher to duplicate, at no cost and no royalty, exact text copies in digital or print formats for the purpose of obtaining book reviews or entering competitions or contests.
The publisher will provide an unlimited number of electronic copies of the work for professional reviews if approached for such copies but is under no obligation to seek such reviews. The publisher will at its own discretion select review magazines, periodicals and sites suitable to the type and genre of the work. The author may send copies to additional review sites, provided the author notifies the publisher of the identity of those sites.
The publisher and author agree to supply each other with copies of any professional reviews, either digitally or print copies. Neither author nor publisher is required to provide the other with copies of “reader reviews” voluntarily posted by consumers at any online vendor.
The publisher will make every effort to maintain an attractive, updated website. The publisher will not be liable for site downtime or interrupted transmission.
Section XVII. Author/Publisher Indemnification
The author shall indemnify, defend and hold harmless the publisher and its owners and affiliates, editors, shareholders, officers, directors, partners, associates, agents and representatives from any and all claims, debts, demands, suits actions liens, proceedings and/or prosecutions (“claims”) based on allegations which, if true, could constitute a breach of any of the foregoing warranties, and any and all liabilities, losses, damages and expenses including, but not limited to, legal fees and court costs. Each party to this agreement shall give prompt notice to the other party of any claims.
Section XVIII. Insolvency of Publisher, Sale of Publisher
If the publisher declares bankruptcy, all rights delineated in section I shall immediately revert to the author. If the bankruptcy filing involves a re-organization, agreement with it's creditors or any similar arrangement and the publisher continues to operate during the re-organization, the author and the publisher may agree in writing to continue this agreement under the same or revised terms.
If the publisher suspends operations, other than a temporary suspension for technical difficulties such as a loss of web server, all rights delineated in section I shall immediately revert to the author. If the publisher's operations are ordered suspended by any government or statutory body, or by injunction or restraining order and such suspension continues uninterrupted for a period exceeding 90 days, all rights shall immediately revert to the author. If after a period of 90 days the suspension is lifted and operations resume, the author and publisher may agree in writing to continue this agreement under the same or revised terms.
If the publisher sells its assets to another publisher who does or plans to market and promote books of the type and genre of the work, the successor publisher will be bound, as a minimum, to the same terms delineated in this agreement. If the successor publisher does not or does not plan to market and promote books of the type and genre of the work, all rights delineated in section X shall revert to the author not more than thirty (30) days after the sale of publisher.
Section XIX. Copyright Infringement
The publisher is not obligated to initiate legal proceedings should a claim arise regarding a third party infringing the author's or publisher's rights. If such a claim arises, the author and publisher may sue either jointly or severally. The publisher shall not be held liable for failing to take action upon a claim.
Section XX. Laws and Venue
The publisher may at any time hold the status of a company of limited liability, a sole trader or a partnership under the laws of England. This agreement is construed under English law and any dispute regarding the terms, conditions and warranties contained herein shall be governed by rulings made in English courts. If and court declares that any particular part of this agreement is unenforceable then the remainder of the agreement shall still stand separate to the unenforceable section.
Section XXI. Waiver
A waiver of any breach of this agreement or of any of the terms or conditions by either party thereto, shall not be deemed a waiver of any repetition of such breach or in any wise affect any other terms or conditions hereof, no waiver shall be valid or binding unless it shall be in writing, and signed by both parties.
Section XXII. Understanding of All Parties
The agreement contains the entire understanding of the parties with regard to the subject matter hereof and no warranties, representatives, promises or agreements have been made between the parties other than expressly herein set forth, and neither publisher nor author shall be, nor are they bound by, any warranties, representations, promises or agreements not set forth herein. The agreement supersedes any previous agreement or understanding with respect to the work and cannot be modified except in writing by all the parties hereto. Upon execution, this agreement shall be absolutely binding and fully enforceable and shall inure to the benefit of the parties hereto, their successor, personal representative, heirs and assigns.
