Publicious terms and conditions 2012
i. Self-Publishing
ii. Global Distribution for Print on Demand (POD) and ebooks
iii Webpages Designed and Hosted by Publicious
i. Self-publishing
Clients submitting works to be formatted into book form acknowledge that they are the authors of the said works, own the copyrights, or hold the necessary permissions required to display the said works as well as any images, photographs, quotes, and anything else that may hold copyrights. And that Publicious is not liable in any way if these claims prove to be false.
Publicious takes no responsibility for the nature of the material supplied by the client and cannot be held liable for any action, suit, claim or demand brought by any person in respect thereof. The client accepts full responsibility for the content of the work submitted whether with regard to defamation, plagiarism or any other wrongful, inappropriate or offensive content.
Publicious retains the right to reject any work that is considered by Publicious as inappropriate or offensive which includes but is not limited to pornography, work containing extreme violence or work of a racist nature.
The client acknowledges that all submitted titles not edited by Publicious are complete and edited to the client’s requirements before submission, and that Publicious can not be held responsible for any errors.
The client also acknowledges that any editing prior to commencement of formatting in the form of changes to text and layout will incur extra cost which will be charged at $50.00 per hour with a minimum cost of one hour.
The client understands that when supplying files to Publicious for book layout, it is the client’s responsibility to ensure that files are non-corrupt and error free. In the event that errors are found, Publicious retains the right to return the files to the client and it is the client’s responsibility to re-submit files with all errors and corruptions removed.
ISBN's
Client acknowledges that Publicious purchases ISBN's in blocks, and offer ISBN's and barcodes under the Publicious name at a reduced cost or under the client’s name at a higher cost. Client understands that when ISBN's are purchased under the Publicious name that although Publicious will be listed as the publisher Publicious will have no rights to any claims of copyright for said title as publisher and that all rights and responsibilities remain the property of the client.
Printing
The client understands that printing and shipping prices may vary from state to state and country to country, and can change at anytime without pre-consultation. Book sizes may also vary from country to country. Prices will also be affected by quantities, eg lower quantities will incur a higher price per book than a higher quantities.
The client acknowledges that Publicious will supply advance pdf proofs for the client to approve free of charge via email attachment. And client agrees to pay all set up, printing and shipping costs for any physical advance proof copies that may be required.
The client understands that advance proof copies are designed to find any flaws in formatting and design that may occur, to be rectified by Publicious before the main print run is to take place. This does not cover editing errors, such as spelling and punctuation (unless edited by Publicious), and that any post-editing and changes such as paragraph structure, adding or deleting pages, and any change that will alter the previous formatting work undertaken by Publicious will incur a cost of $50.00 per hour for each hour spent by Publicious to make said changes, with a minimum cost of one hour.
Time frames
Client understands that time frames offered by Publicious for the completion of jobs are estimates and that times may vary depending on the amount of work in the system. Clients also acknowledge that jobs are allocated in order of receipt of signed agreement and payment of deposit.
Payments
The client agrees to pay the non-refundable deposit of 20% of the final balance into the Publicious bank account by electronic transfer before any services commence. The Client acknowledges the deposit will cover initial set up fees and administration costs incurred by Publicious and will be deducted from the final balance. Client agrees to pay balance in full when services are completed and prior to printing.
Publicious retains the right to change the pricing of all goods and services at anytime without pre-consultation.
Publicious retains the right to cancel any agreement between itself and the client at anytime.
ii. Global distribution for Print On Demand (POD) and ebooks
Clients submitting works to be included in the Publicious POD book distribution channels acknowledge that they are the authors of the said works, own the copyrights, or hold the necessary permissions required to display the said works as well as any images, photographs, quotes, and anything else that may hold copyrights. And that Publicious is not liable in any way if these claims prove to be false.
Publicious takes no responsibility for the nature of the material supplied by the client and cannot be held liable for any action, suit, claim or demand brought by any person in respect thereof. The client accepts full responsibility for the content of the work submitted whether with regard to defamation, plagiarism or any other wrongful, inappropriate or offensive content.
Publicious retains the right to reject any work that is considered by Publicious as inappropriate or offensive which includes but is not limited to pornography, work containing extreme violence or work of a racist nature.
The client acknowledges that all submitted titles not edited by Publicious are complete and edited to the client’s requirements before submission, and that Publicious can not be held responsible for any errors.
Clients entering into a Global POD Distribution agreement acknowledge that it is their responsibility to ensure that sufficient marketing is undertaken to ensure the success of their book and that Publicious makes no claims or holds any responsibility towards the marketing or success of the book.
The client understands that titles included in the Ingram Advance Catalogue will appear once only in the catalogue and within 90 days of the submission time.
The client acknowledges that the distribution channels offered at this time by Publicious are with online booksellers and that said booksellers display stock as virtual stock listed within a database, not physical stock. And that all orders will be printed and shipped when the order is placed at the book buyers’ expense anywhere in the world.
The client authorises Publicious to supply online booksellers with relevant images and information regarding the submitted title to be displayed on booksellers’ websites, including book cover image. Synopsis and any other materials required by the bookseller. Client acknowledges that all said materials will be displayed at the booksellers’ discretion, and that Publicious has no control over how a title is displayed.
The client agrees to pay the non-refundable deposit of 20% of the final balance into the Publicious bank account by electronic transfer before any services commence. Client acknowledges the deposit will cover initial set up fees and administration costs incurred by Publicious and will be deducted from the final balance. Client agrees to pay balance when all files have been submitted to the distribution channels and after notification is received that files have passed all internal quality standards as specified by the distributor.
The client agrees to pay and maintain the annual listing fees to be paid by the client prior to the renewal date. In the event that the client fails to maintain the annual fees client acknowledges that listings will be removed from all distribution channels.
POD Printing
Clients understand that when entering into a POD distribution agreement clients will not be required to supply printed stock, replenish stock, or pay any shipping costs regarding stock, which is sold via the distribution channels included in this agreement.
The client acknowledges that POD printing prices for single copies of books sold through online bookstores included in the Publicious distribution channels are calculated per single book and will be higher per book than short-run printing. POD printing prices will also vary from country to country.
Client understands that all print prices supplied by Publicious are broker prices.
Ebooks
The client understands that the following ebook formats are available from Publicious at this time for submission to ebook distributors: EPUB, MOBI, LIT, and PDF.
The client acknowledges that all ebooks will be displayed at the booksellers’ discretion, and that Publicious has no control over how or if a title is displayed. And in some cases certain devices may not be available for residents outside of the US (example: Barnes and Noble NOOK ebook).
Publicious takes no responsibility for the nature of the material supplied by the client and cannot be held liable for any action, suit, claim or demand brought by any person in respect thereof. The client accepts full responsibility for the content of the work submitted whether with regard to defamation, plagiarism or any other wrongful, inappropriate or offensive content.
Publicious retains the right to reject any work that is considered by Publicious as inappropriate or offensive which includes but is not limited to pornography, work containing extreme violence or work of a racist nature.
The client acknowledges that all submitted titles submitted not edited by Publicious are complete and edited to the client’s requirements before submission, and that Publicious can not be held responsible for any errors.
If required by the client, Publicious will use its best endeavours to assist the self-published ebook author to achieve the highest royalties possible by assisting clients to set up there own Amazon seller account for kindle formats (all ebook distribution clients) and Barnes and Noble Nook (US clients only).
The client agrees to pay the non-refundable deposit of 20% of the final balance into the Publicious bank account by electronic transfer before any services commence. Client acknowledges the deposit will cover initial set up fees and administration costs incurred by Publicious and will be deducted from the final balance. Client agrees to pay balance when all files have been submitted to the distribution channels and after notification is received that files have passed all internal quality standards as specified by the distributor.
The client agrees to pay and maintain the annual listing fees to be paid by the client prior to the renewal date. In the event that the client fails to maintain the annual fees client acknowledges that listings will be removed from all distribution channels.
Recommended Retail Price (RRP) Print and ebook
The client understands that as the self-published author they are required to set a recommended retail price (RRP) and that Publicious cannot supply a price suggestion.
Client understands that RRP's will vary between countries and agrees to research prices of similar titles to their own in countries and regions such as the UK, USA, Europe, Australia and any region that the client feels should be targeted.
Client agrees to supply Publicious with relevant RRP's.
The client acknowledges that a standard discount rate of 55% (bookstore mark-up) will usually apply for all titles but can be set as low as 25% or as high as 75%. Client understands that the higher the discount the greater the exposure their titles will receive. Client agrees that Publicious will set store discounts at 30% unless otherwise instructed by client in writing.
Royalties - POD and ebook
Publicious agrees to supply the client with statements each month showing all sales achieved for the month prior via all POD and ebook distribution channels included in this agreement. The client acknowledges that statements are only sent when sales have been achieved and that statements will not be sent when no sales have been recorded for the month prior.
The client will receive a royalty cheque every sixty (60) days, beginning ninety (90) days after the initial account set up for the number of books sold in an amount equal to the wholesale price less costs of printing and bookstore discount. Amounts due to client will be paid directly into client’s bank account (BSN and Account number to be provided to Publicious by client) only if the amount exceeds £25 (GBP) for that month. If the amount is less than the specified figure the amount will be carried over to the next payment cycle and paid when the amount reaches higher than the amount specified.
Publicious retains the right to cancel any agreement between itself and the client at anytime. The client acknowledges that sixty (60) days notice in writing will be required for termination of agreement by both parties.
Publicious retains the right to change the pricing of all goods and services at anytime without pre-consultation.
iii Webpages designed and Hosted by Publicious
Clients submitting content to be displayed on their webpages acknowledge that they are the authors of the said content, own the copyrights, or hold the necessary permissions required to display the said content as well as any images, photographs, quotes, and anything else that may hold copyrights. And that Publicious is not liable in any way if these claims prove to be false.
Publicious takes no responsibility for the nature of the material supplied by the client and cannot be held liable for any action, suit, claim or demand brought by any person in respect thereof. The client accepts full responsibility for the content of the work submitted whether with regard to defamation, plagiarism or any other wrongful, inappropriate or offensive content.
Publicious retains the right to reject any work that is considered by Publicious as inappropriate or offensive which includes but is not limited to pornography, work containing extreme violence or work of a racist nature. The client accepts all responsibility for any accusations directed at the content displayed on their website.
The client acknowledges that all information and content supplied to Publicious is correct and that editing of all content to be included on the website is the client’s responsibility, and that all content submitted to Publicious is complete and edited to the client’s requirements before submission.
Publicious does not offer an editing service for websites and can not beheld responsible for any errors such as typos and incorrect information that may appear on the client’s website.
Publicious retains the right to change the pricing of all goods and services at anytime without pre-consultation.
Client understands that single pages are attached to the Publicious website and will have the following URL: http://www.publicious.com.au/YOURNAME/html
Client acknowledges that the one-off set up fee for a single webpage is $100.00 and that extra pages will be priced on application. Client understands that this fee does not include maintenance or any changes that may need to be made after the webpage is launched, and that all maintenance and changes required after the launch will incur a minimum hourly fee of one hour.
Client understands that any sales made via the webpage are solely of the client’s responsibility and that links to the bookstore or place of sale of the client’s choice should be supplied to Publicious to be placed on the page prior to the page’s launch. Client further acknowledges that Publicious is not a book seller and does not offer book sales assistance or facilities and cannot be held liable in any form for any disputes that may occur between the client and their customers.