BookLeaf Publishing Services and Book Distribution Agreement
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This Service Agreement is made between YOU, the registered user on bookleafpub.in/bookleafpub.com [referred to as “You” or the ‘Author’] and BookLeaf Publishing. This agreement will come into force only on the date that you or someone on behalf of the author publishes their book with BookLeaf Publishing or makes the first payment towards purchases of publishing services from BookLeaf Publishing, whichever comes first [referred to as ‘Effective Date’].
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Since You have written a book or your Work that you would like to be published and BookLeaf Publishing offers top notch self-publishing services; You, would like to engage the services of BookLeaf Publishing.
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In consideration of the mutual promises set forth in this Agreement, the both parties agree as follows:
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A. BookLeaf Publishing Services
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BookLeaf Publishing offers you two different sets of services under this Agreement:
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Publication Services – There are several packages and corresponding services offered by BookLeaf Publishing at their website [www.bookleafpub.in and www.bookleafpub.com] for editing, design, ISBN and copyright, printing and creation of eBooks and marketing which you can select from based on your requirement.
Book Distribution – Once you have selected from the Publication Packages and your Work has been published either in print or digitally, you have engaged BookLeaf Publishing for the distribution of your Work.
You can choose one or both services at any time during this Agreement.
Grant of License and Intellectual Property
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For you to engage BookLeaf Publishing for both their Publication and Distribution Services you must grant BookLeaf Publishing a limited [restricted to the rights you are granting], non-exclusive [you can grant the license to other publishers] world-wide license to print, publish, distribute and sell your Work.
All Intellectual Property rights in the Work, which include copyright, and all the associated rights under the law of Copyright remain exclusively with you. BookLeaf Publishing does not claim or own any of your Intellectual Property rights.
The licenses granted will depend on the services you have engaged BookLeaf Publishing for based on your selection made by you while publishing your book.
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B. Payment:
In consideration for the Publication Services you or someone on behalf of the author will pay BookLeaf Publishing the Package Fee as per the package of services that you have selected. BookLeaf Publishing will commence work on the Publication Services only upon receipt of the Package Fee.
In consideration for Book Distribution, BookLeaf Publishing will pay you the Royalty Fee which is mentioned in detail in Schedule A
C. Authors Rights and Duties
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Initial Obligations – You shall provide BookLeaf Publishing with all the required information in the appropriate format and any Fee owed to BookLeaf Publishing is paid in full.
Rights - You retain all rights to the work. While BookLeaf Publishing may edit [if you have selected editing service in the Publication Service] the content, all rights in the content will remain with You.
ISBN - While you grant us a non-exclusive license on the content, you cannot use the ISBN and format of the work provided by BookLeaf Publishing anywhere else.
Discounts: You will be eligible to receive purchase discounts as referenced in Schedule A.
D. BookLeaf Publishing Rights and Duties
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License to Publish and Distribute: BookLeaf Publishing has the right to choose the distribution channels for the work based on the format of distribution selected by you. BookLeaf Publishing and entities in its distribution channels may determine in their own discretion whether and to what extent to make excerpt of your work available.
Possession of submitted materials: BookLeaf Publishing may retain in its possession all the materials submitted by you and BookLeaf Publishing is not obligated to return or store such materials. You also grant BookLeaf Publishing the right to compile and use statistical information regarding sales of the work.
Storage and Hosting: You grant BookLeaf Publishing the right to copy, reproduce, warehouse, host, store, use, transmit and distribute tangible, electronic copies of the work in any current or future methods of technology to fulfil their services under this Agreement.
Publicity Rights: To provide the Distribution Services, you grant BookLeaf Publishing, the consent and right to use your name, voice, photograph, image, likeness, distinctive appearance, gestures, or mannerisms.
Free Copies to Media: You grant BookLeaf Publishing the right to send free review copies to members of media, including, but not limited to, editors, college newspapers, bloggers, professors, television, internet, and radio commentators, and other potential book reviewers in BookLeaf Publishing’s discretion for promotion of the work.
Content Security: BookLeaf Publishing shall ensure that the content provided by you shall be kept confidential. Neither BookLeaf Publishing nor any third parties associated with BookLeaf Publishing shall involve in any act that would compromise the security of the content before, during and after the work is published.
Post Approval Changes: Once the author approves the draft and cover of the book, no further changes will be possible. Should the author request any changes after approval, the author will be responsible for any additional costs associated with allocating resources needed to make those changes. The publisher will proceed with the final production based on the approved versions
E. Term and Termination
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Term: This Agreement comes into force from the Effective Date and extends until it is terminated by either or both parties.
Termination: BookLeaf Publishing’s Publication Services terminate once each selected service has been completed. You can choose additional services based on BookLeaf Publishing’s offers.
The Distribution Services continue to stay in effect until this Agreement is terminated.
You and BookLeaf Publishing, can mutually agree and have the right to terminate this Agreement at any stage, in writing
If you find that BookLeaf Publishing has not complied with any of the duties, or obligations to be provided under this Agreement, or if there is a breach of any the terms, or vice versa [where you have not complied with the terms] either party can inform the other party of the breach of terms. If the issue is not sorted or rectified within 30 days, this Agreement can be terminated.
F. Refunds
Refunds will apply only to the Add-on Publication Services provided by BookLeaf Publishing and depends on the time during which this Agreement is terminated and the stage of work completed. No refunds will apply on the distribution services provided by BookLeaf Publishing at any stage.
(i) If you have not yet submitted your work to BookLeaf Publishing then you will get a refund of 100% of purchase price;
(ii) After completion of the service, but prior to final sign-off, 10% of the purchase price plus any tax paid;
(iii) After 30 days from the Effective Date, no refunds will be allowed, regardless of the stages mentioned above.
BookLeaf Publishing shall take best effort to ensure that refunds are processed within fifteen [15] days of the termination of this Agreement.
G. Representations and Warranties
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Both You and BookLeaf Publishing undertake that you can enter into this Agreement and that there are no other contractual obligations preventing you from signing this Agreement.
You will be wholly and completely responsible for the content of the work and should ensure that the work is not illegal, unlawful or it does not contain any objectionable content. BookLeaf Publishing is not liable to any third party or other person or entity, for the work, regardless of whether BookLeaf Publishing had any knowledge or could have reasonably known of any illegal, unlawful, or objectionable content in the work. You also agree to indemnify [compensate for harm or loss] BookLeaf Publishing in case of any legal proceedings with third party regarding copyright infringement or action on grounds of illegality as mentioned.
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H. Disclaimer of Warranties
SALES NOT GUARANTEED: BookLeaf Publishing cannot and does not guarantee sales of any of the author’s work. BookLeaf Publishing makes no guarantees or promises as to the minimum success of the services or the amount of book sales which may result from any or all of the services.
GENERAL DISCLAIMER: Except for any Warranties or Representations explicitly mentioned in this Agreement, BookLeaf Publishing makes no other warranty and explicitly disclaims all other warranties, conditions or representations (express or implied, oral or written) with respect to the services, or any part thereof.
THIRD PARTY FAULT: BookLeaf Publishing is not responsible for retrieving the work from or for any sales of the work in the possession of an entity other than BookLeaf Publishing. BookLeaf Publishing is not liable for delays, errors, or non-performance of services caused by any of BookLeaf Publishing’s vendors or suppliers, like, the failure of a third party to (a) timely remove your work from circulation following BookLeaf Publishing’s or your notice to do so, and (b) the failure of any third party to timely update any changes to the work.
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I. Limitation of Liabilities/Remedies
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LIMITATION OF LIABILITY: In no event, shall BookLeaf Publishing or any of its affiliates be liable under this Agreement to you or any other person or entity for any consequential, incidental, indirect, exemplary, special or punitive damages, regardless of whether we could anticipate such damages or advised you about them. In no event, shall BookLeaf Publishing’s or its affiliates’ total liability arising out of or related to this agreement, exceed the total amount you paid to BookLeaf Publishing under this Agreement.
J. Indemnification
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You agree to indemnify and hold BookLeaf Publishing and its distribution partners harmless against any legal claims connected to the breach of the representations and warranties or your breach of this Agreement or regarding any claims of Intellectual Property Ownership.
BookLeaf Publishing agrees to indemnify you against any claims connected to any matter inserted into the work by BookLeaf Publishing if you did not provide BookLeaf Publishing with it.
BookLeaf Publishing may retain payments due to you until its claims of indemnity have been satisfied or completed.
K. Legal Proceedings
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The Courts in New Delhi, India shall have exclusive jurisdiction to decide on matters arising out this Agreement.
If there is any dispute, it should be referred to an Arbitrator appointed by both parties. If you and BookLeaf Publishing cannot agree on one Arbitrator, both parties shall appoint one arbitrator each who will appoint a third Arbitrator so that a panel of three Arbitrators will adjudicate. All arbitration proceedings shall be conducted in the English language in accordance with the Arbitration and Conciliation Act, 1996 and the place of arbitration shall be New Delhi, India.
L. Entire Agreement
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This Agreement including any Order Forms, schedules and annexures is all that governs the terms between you and BookLeaf Publishing. If there are any changes to the terms they have to be made in writing and agreed by both parties.
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M. Assignment
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You cannot assign or transfer any of the rights, or duties in this Agreement to anyone else. BookLeaf Publishing may transfer some of its rights to another related entity to comply with its duties as per this Agreement.
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N. Force Majeure
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Both You and BookLeaf Publishing shall not be liable or responsible to each other or deemed to have defaulted under this Agreement for failure or delay in fulfilling or performing any term of this Agreement if the delay is due to an Act of God or out of the control of the parties.
O. Survival
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Even after the termination of this Agreement, all clauses from H to O shall survive until explicitly terminated by the parties via an Agreement signed by both parties.
SCHEDULE A
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1. Royalties
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A. Print Royalties
On all sales by BookLeaf Publishing of paperback or hardcover formats of the full work, BookLeaf Publishing shall pay you a royalty as follows:
The Author shall receive hundred percent (100%) royalty on each copy sold globally and the Publisher does not hold rights to take any profits from the sale of the Work.
Point to be noted that MRP (selling price) of book and Royalty are not the same. MRP is the price at which the book is being sold, while the royalty is the profit that is received after the printing and packaging cost, seller fee, etc. are paid from the MRP amount.
For example, if the book is being sold at 150 INR but its printing & packaging cost is 60 INR and selling fee is 20 INR, then the cost here is 80 INR and the profit remaining is 70 INR. That 70 INR of profit is the royalty of author.
The royalties are paid on an annual basis (unless you select the add-on service granting you the right to receive royalty more frequently). Royalties are not due to you for copies provided free of charge or copies sold to you.
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B. eBook Royalties
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On all sales by BookLeaf Publishing of eBook formats of the full work, BookLeaf Publishing shall pay you a royalty as follows:
Hundred percent (100%) of the payments that BookLeaf Publishing actually receives from such sales, all minus the cost to distribution, mark-ups for sales with distribution partners, and any taxes, technology fees and return costs.
Royalties are not due to you for any copies provided free of charge or copies sold to you.
C. Royalty Payment timing
The threshold for annual royalty payment is INR 2000 ($100 for authors outside India). If the annual Royalty amount does not exceed INR 2000 ($100 for authors outside India) the existing Royalty amount will be added to the subsequent annual Royalty amount due (Cumulative Royalty) until the Cumulative Royalty first exceeds INR 2000 ($100 for authors outside India). A wire transfer fee based on the bank (or the PayPal fee) will apply and be borne by you.
D. Mode of transfer
In case the author is in India, royalty shall be paid via RazorpayX, wherein you will receive the link to collect your amount via UPI or bank account. In case the author is outside India, the royalty will be paid via PayPal.