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Terms & Conditions

1  General

“We”, “Us”, “Our”, “Wordzworth”

Wordzworth Ltd, Wordzworth Publishing Ltd.

“Customer”, “You”

The customer as stated in your Quotation.

“Book”

The content you have submitted for publication, print or distribution.

“Package”

The publishing, print, distribution and marketing options you have purchased from us.

“Quotation”

The email summary of your order which you click to 'accept'.

“Terms & Conditions”

The clauses outlined in this document.

“Agreement”

The combined terms in your Quotation and the Terms & Conditions.

“Term”

The term of the Agreement is from the date of acceptance until termination.

1.1 Agreement: The Terms & Conditions are to be read with your Quotation. Together they form your agreement with Wordzworth, replacing any previous agreement. If there is any conflict, the Quotation shall take precedence.

1.2 Ownership: You may not assign this agreement or any rights or obligations in it to a third party without our prior written consent.

1.3 Amendments: We reserve the right to change the Terms and Conditions and display the updated version on our website with the date on which it was updated. If we do not receive notice within 90 days to terminate your agreement then your acceptance will be implied.

1.4 Confidentiality: Certain information about your Book must be made public in order to publish it and perform our obligations under this agreement. All other information used for the production of the Book will be treated as confidential and not shared with any third party.

1.5 Disclosure: Either party may disclose confidential information if they are required by law, a court order, governmental or regulatory authority.

2  Design

The following terms applies to all customers:

2.1 Communication: We ask that you provide any required changes to us within three weeks of the delivery of your book files. If for any reason this is impossible, let us know.

2.2 Changes: Your styling sample includes unlimited updates until you are happy. Once approved, a further set of changes to the whole book are included. Replacing your file, requesting edits to text or providing new instructions will incur a changes fee of at least $48 USD. The exact cost of any changes will be communicated to you for acceptance prior to changes being made.

2.3 Termination: In the event you wish to cancel, Wordzworth reserves the right to retain fees to cover the proportion of the work already completed. In the event that Wordzworth cancels a job, a full refund will be provided and there will be no further responsibility on either party.

3  Imprint

The following terms apply to customers publishing under the Wordzworth imprint or their own imprint:

3.1 Rights: You own all rights, free of any encumbrances, in the Book. We do not own the rights to the Book, nor do we claim rights to any content of the Book.

3.2 Publication: The publication of the Book does not breach any agreement you have made with anyone else.

3.3 Ownership: You are either the author of the Book, or you have written agreement from the other authors/contributors and the full authority to enter into this Agreement to grant us the license to publish the Book.

3.4 Content: You ensure that no part of the Book contains any matter which is obscene, indecent, defamatory, unlawful, or which in any way infringes, invades, or violates any right, including privacy, copyright, trademark, or trade secret of any person or entity.

3.5 Licences: For work not in the public domain, you have secured legally effective licences from the copyright holder, including those for any images or extracts.

3.6 Termination: The agreement may be terminated by either party by giving 90 days' notice by email. We will then discontinue distribution and sale of your Book and pay any outstanding royalty revenue within 90 days after the date of termination. Any warranties and indemnities in this agreement shall survive termination, otherwise neither party will have any further obligations. We reserve the right to immediately terminate this agreement by giving you written notice by email if, in our judgment, the Book may subject us to the risk of litigation or other adverse commercial consequences. Neither party will then have any further obligations to the other except that your representations, warranties and indemnities set forth in this agreement shall survive the termination of the Agreement.

3.7 Acquisition: If we are acquired by another company, we are entitled to assign the obligations under this agreement to them.

4  Print

The following terms apply to customers using our Print-on-demand, Short-run or High-volume print services.

4.1 Approval: You agree that after you have approved the electronic proof you are completely satisfied with the design and content of the Book and the Book can be printed. Any changes after this approval may be subject to design and resubmission charges.

4.2 Proofs: You agree to approve all proofs and understand we cannot proceed to the next stage of design or distribution until you have done so. If you have asked not to receive a proof you understand we take no responsibility for any issues with your print run.

4.3 Tolerance: We work with industry leading printers. However, you acknowledge that the physical production of books is subject to manufacturing tolerances, and consequently there can be variation between print copies. You further acknowledge there can also be variation in print runs due, but not limited, to different papers, inks and presses used.

4.4 Defects: Any shortage or instance of damage or defects within a shipment must be reported to us within two days of the delivery date. Any claim must be made within six days of the delivery date. We further request photographic evidence to support any claim, which we can pass on to the printer.

4.5 Responsibility: You understand that Wordzworth is not a printer, but facilitates printing via other providers and is not responsible for any printing issues. Should any of your printed books be produced outside the agreed manufacturing tolerances, we agree to take this up with the printer on your behalf.

4.6 Author copies: As the owner of the Book, you will be entitled to order copies by simply paying the cost of printing the books, if POD, or fulfulling the order (i.e. picking and packing the books from our distribution centre) plus the cost of shipping the books to the shipping address you supply. Orders can be placed by logging into your Author Account on our website www.wordzworth.com. For orders placed by people other than you, we will charge them the wholesale price plus shipping.

5  Distribution

The following terms apply to customers using our Ingram, Amazon-only or eBooks distribution services.

5.1 Permission: Throughout the term of the Agreement, you grant us the non-exclusive worldwide license to print, publish, distribute and sell the Book in its entirety in print and electronic format. You allow us to grant a license to others to print, distribute and sell the Book. This includes, but is not limited to: book wholesalers, distributors and retailers (e.g. Amazon).

5.2 Marketing: You grant us and our licensees the non-exclusive right to copy and to communicate to the public portions from the Book for the purposes of distributing, marketing and selling the Book. If published under the Wordzworth Publishing imprint, you grant us license to use your name and likeness in promotional or advertising materials.

5.3 Distribution: After you have approved the final physical proof, and paid any outstanding monies, we will distribute the Book, supplying title information to reseller and retail partners in our global distribution network. This also includes supplying information to Bowker and Nielsen. A sales page for the Book will be shown on this website, where orders of 10+ copies will be available to purchase from us at a wholesale price.

5.4 Imprint: Where your Book contains the Wordzworth Publishing imprint, you are not permitted to use the electronic proofs, or final production files that contain our contact details or the ISBN number that was supplied by us for the purpose of enabling the Book to be published, distributed or printed by any third party other than us.

5.5 Sales: You acknowledge that we have no control over the purchasing decisions of consumers and that we make no guarantee to the amount of book sales which may result from the services offered by us.

5.6 Orders: Once a book order has been made via our website, it will be processed. The detail of the order (for example, the order quantity or shipping address) cannot be changed. All completed orders are non-returnable and non-refundable.

5.7 Warehousing: You can choose to store your books in the US or the UK. Storage charges are $160 USD per cubic metre per month for books stored in the US, and £100 GBP per cubic metre per month for books stored in the UK. This includes the cost of insuring them for loss or damage. As books sell your storage volume decreases. Fees are therefore based on the average monthly volume of books in storage = average volume at the end of each day x days in the month. Storage fees are charged every six months. Any overpayment for storage will either be rebated or used to offset the next six month charge.

5.8 Long-term storage: For unsold books a long-term storage fee will be applied. For books stored in the US, a fee of $500 per cubic metre will be applied to all books in storage for longer than 6 months. For books unsold after one year, a fee of $1000 per cubic metre will be charged. For books stored in the UK, a fee of £1000 per cubic metre will be applied to all unsold books after one year.

5.9 Disposal: If you are 30 days late in paying storing fees, then we reserve the right to terminate this agreement, dispose of any remaining books and bill you for the cost of disposal or returning the books to you. Returning books to you from the warehouse costs $1.60 USD per unit for books stored in the US, and £1.00 per unit for books stored in the UK. 10-14 business days must be allowed to pick, pack and dispatch. Disposing of books from the warehouse costs $1.00 USD per unit for books stored in the US, and £0.65 per unit for books stored in the UK.

6  Royalties

The following terms apply to customers publishing under the Wordzworth imprint or their own imprint:

“List Price”, “Sticker Price”

The recommended price you set for retailers to sell your book or ebook.

“Wholesale Book Discount”

The percentage discount you give book wholesalers and retailers to encourage them to stock your book.

“Wholesale Book Price”

The cash price, after applying the wholesale discount, that wholesalers and retailers buy your book for.

“eBook Sale Price”

The actual price your ebook is sold for.

“eBook Distributor Rate”

The percentage rate that an eBook distributor pays out for each ebook sold at the eBook Sale Price.

“Net Revenue”

For printed books: Wholesale Book Price – Production/Distribution costs.

For ebooks: eBook Sale Price x eBook Distributor Rate

“Royalty Rate”

The percentage of the Net Revenue paid in royalties for each copy of your book or ebook sold. Our Royalty Rate is 90%.

“Royalty Revenue”

This is the amount of money we pay you. Royalty Revenue = Net Revenue x Royalty Rate.

“Payment Currency”

The currency stated in your quotation.

6.1 Books: Sales taxes/VAT, shipping and handling are not included in the royalty calculations, and are paid for by the book buyer if applicable.

6.2 eBooks: The eBook Distributor Rate may be anywhere from 35%–70%. Please note, ebook retailers do not have to sell ebooks at list price but instead can sell your ebook at any price they choose. Net Revenue is therefore based of the Sales Price. eBook retailing is a new and fast evolving market. If the above terms are confusing please just ask and we will be happy to answer your questions.

6.3 Royalties: All royalty payments will be made via PayPal to the email address in your quotation. Using PayPal ensures we do not receive or store any sensitive financial data and enables us to automate royalty payments to all our authors. We will pay you the accrued Royalty Revenue for sales of your book or ebook on the 15th of each calendar month, starting the fourth month after distribution begins. Where this is not a business day, payment will be processed the next business day. This delay is due to the time it takes for retailers and distributors to aggregate and return sales payments.

6.4 Royalty Threshold: If your Royalty Revenue balance is less than $20 USD (or equivalent), we reserve the right to make payment the following month. Royalties will be paid during the term for sales of the book except when the book is purchased by you directly from us.

7  Disputes

7.1 Resolution: Any Customer who has a dispute must provide reasonable opportunity for Wordzworth to resolve the issues. Wordzworth will offer a Director to speak directly to the Customer in order to agree any required actions.

7.2 Liability: We will not be liable for delays, errors, or non-performance of services caused by any of our third-party vendors or suppliers. In no event shall we be liable for indirect damages, consequential damages or loss of profit, however caused. Our liability under the Agreement shall be limited to the amounts paid by the Customer to us for publication of the Book. Neither we nor the Customer shall be liable or deemed in breach of the agreement should failure to act be due to a cause beyond reasonable control.

7.3 Enforcement: If any term or provision of this agreement is illegal or unenforceable, the term will only be removed or reduced to the extent that is necessary to make the agreement legal or enforceable.

7.4 Incorporation: Wordzworth is incorporated in the UK, this agreement will be construed and controlled by the laws of England and Wales and each party consents to the exclusive jurisdiction of the courts of England and Wales.

7.5 Indemnification: You indemnify us from any losses, expenses, or damages as a result of your breach of these warranties. This includes costs and legal fees arising out of resolving or avoiding any suit, demand or claim. These terms extend to any party affected by a breach.

8  Website

8.1 Property: All content included on this website is property of Wordzworth. Material may not reproduced, copied, stored or re-used without prior permission.

8.2 Accuracy: We do not claim this website will be free from defects and accept no liability for any damage arising from its use or non-availability.

8.3 Links: This website contains links to pages which are not under our control and no responsibility is assumed for their content.