III. Other Publishing Services
a. Publisher reserves the right to reject the Title and/or any related material at any time for any reason under section VI Termination.
b. Publisher will make all reasonable efforts to publish, print, market, and distribute (as set forth in Publishing Package) Title within one hundred twenty (120) days of Publisher’s receipt of all materials required from Author in conjunction with Title and shall, in all cases outside of Force Majeur in Section VIII or Author inaction, make Title available for publication, printing and sale within one hundred twenty (120) days of Publisher’s receipt of all materials required from Author in conjunction with Title, including written authorization by Author to proceed with production of Title.
c. Author will maintain the copyright and designate the copyright name for Title and Cover.
d. Publisher will secure a unique ISBN number for each print format of Title. Publisher cannot use a pre-existing ISBN supplied by Author.
e. Unless otherwise supplied by Author, Publisher will design the book block, front cover, back cover, and spine, and will prepare the digital files necessary to publish, market, distribute and print Author’s Title in book form as set forth herein. Due to the volume of books printed, it is not feasible to review each individual printed page of each book. However, all reasonable efforts are made to ensure the following: all pages are included in Title according to the Author approved proof, cover is applied within 1/16” variance, binding is applied and squared to the book page block, cover and interior match the Author approved proofs and print registration is within +/- 1/16” variance.
f. Author will pay $1.50 per case per month for a warehouse storage fee on all books left at Certa Publishing's warehouse and fulfillment center. The warehouse storage fee will be billed in advance on a quarterly basis to the credit card on file. If a credit card is not on file, Publisher will provide an invoice to Author with payment due upon receipt. The quarterly warehouse storage fee is subject to change. If a change in the quarterly warehouse storage fee is necessary, Publisher will give Author a least thirty (30) days’ notice.
g. If Author chooses to change their Cover, or start over on their Cover for any reason, Author will incur additional charges. Charges incurred depend upon the Publishing Packages chosen by Author.
h. Author must agree to supply at least 30 copies of their book for review if reviews are included in Author's Publishing Package. Author might not actually give away that many, but has to be willing to if the demand is there. All S&H is to be paid by Author.
i. If Google Book Preview is included in Author’s Publishing Package, 20% of Title will be available to potential purchasers for review.
VI. Termination
a. Author may terminate this Agreement upon written notice to Publisher. Upon termination by Author,
all miscellaneous fees and monthly storage fees are due. Once the Title is submitted there will be
no refunds for the Publishing Package.
b. Publisher can terminate this Agreement at any time and immediately cease distribution of Title
upon any claim that Title violates the copyright or other legal rights of any person or entity, or
upon the discovery by Publisher that Author has violated any of the warranties or representations
contained herein. In such cases, any royalties owed to Author will be forfeited. Publisher can
terminate this Agreement prior to publication upon failure of Author to pay amounts due or upon
failure of Author to respond within thirty (30) days to Publisher’s request for information.
Publisher can terminate this Agreement after publication if any accrued balance due remains unpaid
by Author following thirty (30) days written notice to Author. In such cases, any royalties owed
to Author will be forfeited. Author must promptly pay shipping and handling charges for return of
all books in possession of Publisher should Agreement be terminated. Should Author not pay the
reasonable shipping and handling within thirty (30) days of termination of this Agreement, Title
in Certa Publishing's warehouse will be forfeited to Certa Publishing. Additionally, upon annual
review, Publisher has the right to terminate this Agreement at Publisher’s sole discretion for any
reason, including but not limited to lack of sales of Title, lack of responsiveness to communications
by Author, failure to pay sums due in a timely manner by Author, and/or actions by Author that brings
negative attention to Author or Publisher.
c. Publisher may not thoroughly review the contents of a Title before production if editing services
are not purchased from Publisher. Publisher reserves the right to terminate this Agreement if the Title
content contains: profanity, explicit content, offensive material, graphic sexual or violent content,
cult or occult content or anything else that does not uphold the Statement of Faith attached hereto.
If Publisher terminates this Agreement because the Title is found to contain such material, Author may
qualify to receive a credit or refund of fees minus a $250 Administrative/Review Fee if the Title has
not been entered into production. There will be no refund for a Title that has been entered into production
and found to contain such material.
d. Upon termination, Publisher will cease all distribution of Title and all rights granted within
this Agreement revert back to Author. Publisher is not responsible, however, for the failure of third-party
distribution sources, such as Amazon.com and Google.com, to remove Title from any database in which such
third party sources may have listed or enrolled Title for sale or review.
e. If Title has not been submitted there will be a 70% credit or refund if this Agreement is terminated
by Author within 30 days or less of the date signed on this Agreement (the remaining 30% will be applied
to Administrative Fees). There will be a 55% credit or refund if this Agreement is terminated by Author
within 31 – 60 days of the date signed on this Agreement (the remaining 45% will be applied to Administrative Fees).
There will be a 30% credit or refund if this Agreement is terminated by Author within 61 – 100 days of the date
signed on this Agreement (the remaining 70% will be applied to Administrative Fees). There will be no credit or
refund after 100 days of the date signed on this Agreement.
f. If Author does not give final approval for printing Title and return their Printing Agreement and payment
within one year of the date signed on this Agreement, this Agreement will become null and void at the option
of Publisher. Publisher shall notify Author sixty (60) days prior to exercising its termination option. Author
will then have sixty (60) days from such notice to approve and authorize printing of the Title. If, after 365 days,
including the sixty (60) days’ notice referenced infra by Publisher, Author has not taken action, Publisher has no
further obligation to complete any publishing services.
VII. Indemnification and Limitation of Liability
a. Author shall defend, indemnify and hold harmless Publisher, its parent companies, subsidiaries, and
affiliates, as well as their officers, directors, employees, and agents from any and all third-party claims,
actions, proceedings, damages, and expenses (including reasonable attorneys’ fees and applicable costs of
in-house counsel), in connection with a breach or alleged breach of the representations and warranties made
in this Agreement. This includes any and all claims of copyright or ownership infringement by publication or
Title and all claims for damages caused by the negligence of Author.
b. All warranties and indemnifications made by Author herein shall survive termination of this Agreement and any license granted hereunder.
c. Author acknowledges that due to the nature of the Internet, digital content may be sold in geographic territories
for which neither Author nor Publisher has territorial rights. Author waives any claim for damages against Publisher
for sales in territories for which it does not have the right to sell or distribute the digital content.
d. All services and products, if any provided by Publisher under this Agreement, are provided on an “as-is” basis.
Author shall review and approve the book proof prior to the pressrun. Publisher does not warrant that the services
or products if any provided hereunder will be uninterrupted or error-free. Publisher disclaims any and all representations
and warranties, express or implied, including, without limitation, the implied warranties or merchantability, fitness
for a particular purpose, non-infringement of copyright, title, and data accuracy. Publisher’s total liability to Author
or any third-party for any and all damages shall not exceed in the aggregate the amount of fees actually paid by Author
to Publisher during the one month period prior to Publisher’s act giving rise to the liability. To the maximum extent
permitted by applicable law, in no event shall Publisher, its parent companies, subsidiaries, or affiliates, or any of
their respective officers, directors, employees, or agents be liable for punitive, consequential, incidental, exemplary,
indirect, or special damages, including without limitation damages for loss of profits, revenues, business, data or other
intangibles, whether or not such damages were foreseeable and even if Publisher had been advised of the possibility or
likelihood of such damages.
