Books Scribe is a multi-disciplinary design agency trading in big ideas. We’re the
sketchers and scribblers. The designers and writers. The talkers and listeners. The dreamers
and doers. We don’t believe in blending in. We turn concepts into reality.
Design is a language, and at Books Scribe, we want to change the conversation. We like
to think differently and push boundaries. That commitment is uniquely bound to our dedication
to great service and transforming your business for the better.
With a combined professional experience of over 20 years, we are a team of designers,
marketing creatives, and PR consultants. With proven and tested backgrounds in graphic
design, film and photography, sales, publishing, copyrighting, and social media marketing, the
men and women behind Books Scribe fully understand our commitment to creating
concepts to further your epic brand, your industry masterpiece.
Join us on your journey!
To provide professional support to authors with the help of committed top-caliber team of publishing and advertising experts employing a needs-based approach in bringing creative titles to the right market.
To become the leading provider of creative and innovative quality marketing services to authors around the world and to become the most trusted, customers-first, and ultimate go-to book advertising agency in the industry.
In consideration of the mutual obligations specified in this Agreement, the parties, intending to be legally bound hereby, agree to the following:
In exchange for the full, prompt, and satisfactory performance of all Services to be rendered to Author (as determined by Books Scribe LLC), Author shall provide Books Scribe LLC, as full and complete payment set forth in a separate order form to be paid upon completion of the Services.
II. Service Level Agreement
The publisher shall return money in full if the approved deliverables are not adequately met.
III. Grant of Rights.
The Author, on behalf of the Author and the Author's heirs, executors, administrators, successors and assignees, grants the Publisher worldwide right to publish:
§ EBook Edition: To produce, publish and sell in electronic format(s) the Work in English in readable- text digital format provided via electronic download, disk, CD/CD-ROM, DVD, E-Book Reader or similar media of presentation, excluding motion picture/television/video/DVD rights.
§ Paperback Edition: To produce, publish and sell in paperback format(s) the Work in English in readable-black & white or colored format or similar presentation.
This is a distribution and publication license. This contract does not transfer ownership, copyrights, or trademarks from the Author.
Books Scribe LLC understands that, in connection with its engagement with Author, it may receive, produce, or otherwise be exposed to Author’s personal data and information, and all derivatives, improvements and enhancements to any of the above (including those derivatives, improvements and enhancements that were created or developed by Books Scribe LLC under this Agreement), in addition to all information Company receives from others under an obligation of confidentiality (individually and collectively “Confidential Information”).
Books Scribe LLC acknowledges that the Confidential Information is the Author’s sole, exclusive and extremely valuable property. Accordingly, Books Scribe LLC agrees to segregate all Confidential Information from information of other companies and agrees not to reproduce any Confidential Information without Author’s prior written consent, not to use the Confidential Information except in the performance of this Agreement, and not to divulge all or any part of the Confidential Information in any form to any third party, either during or after the term of this Agreement, except to Books Scribe LLC Employees who need to know such Confidential Information in order to perform the Services. Books Scribe LLC shall require such Books Scribe LLC Employees to execute a non-disclosure agreement satisfactory to the Company before such Books Scribe LLC Employee is exposed to any Confidential Information. Upon termination or expiration of this Agreement for any reason, Books Scribe LLC agrees to cease using and to return to Author all whole and partial copies and derivatives of the Confidential Information, whether in Books Scribe LLC possession or under Books Scribe LLC direct or indirect control.
Books Scribe LLC shall not disclose or otherwise make available to Author in any manner any confidential and proprietary information received Books Scribe LLC from third parties. Books Scribe LLC warrants that its performance of all the terms of this Agreement does not and will not breach any agreement entered into by Books Scribe LLC with any other party.
This agreement between Publisher and Author shall remain active indefinitely unless terminated by either party as provided for below. Upon termination, all rights to the Work shall automatically revert to the Author at no cost.
At any time prior to the publication, or during the publication, or after the publication of the Work, Publisher may, at its discretion, terminate this agreement and remove the Work from publication or distribution for reasons of poor sales, excessive returns, or any other reasons as decided by the Publisher. Publisher shall give notice to Author thirty (30) days prior to Work being placed out of publication.
Notice must be in writing by certified mail or other receipted or traceable delivery service, including email where return acknowledgement is received. When Publisher removes the Work from sale, this contract shall terminate and all rights granted shall revert to the Author at no cost.
For eBook Editions, other print formats, and services the Author may request termination during the agreement period, as stated below. Request for termination by Author must be in the form of a certified mail notice or other receipted or traceable delivery service, including email where return acknowledgement is received thirty (30) days prior to the effective date of termination.
In the event of termination of this agreement, Publisher will remove listing of the Work from its website and all download-based distributors. Author agrees to destroy or purchase, at a reasonable price, any digitally formatted files, including but not restricted to Cover Art, created by the Publisher and requested and actually received from the Publisher.
VI. Publishing and Marketing Refund Agreement.
The Author may annul this arrangement at any time, without cause, with written notice in the form of a certified mail notice or other receipted or traceable delivery service, including email where return acknowledgement is received, to the other party. If the agreement is annulled, the Author is liable for payment of the balance due, subject to the reimbursement guidelines set forth by the Publisher as follows:
a.) Publishing: Before submission of book materials:
- One day to 90 days after purchase date: 100% of the paid amount less $150 or 10% of the total paid price (administrative fee) whichever is greater.
- Three to six months after the purchase date: 50% of paid price.
- Six months and one day after the purchase date: No refund is given.
b.) Publishing Service: After submission of the book materials: but prior to final approval:
- After submission but before design work: 50% of the package price
- After design work but prior to final approval: 25% of the package price.
- After given final approval of the work: No refund granted to the requestor.
c.) Marketing Service: subject for refund based on contact frequencies between the Author and The Publisher, Books Scribe, LLC.
- No successful contact (e-mails or phone communication) with either Fulfillment Team or Marketing Team beyond the purchase date: 100% refund.
- No successful contact with the Fulfillment Team seven days after purchase date: $100 or 10% of the amount paid, whichever is greater.
- No successful contact with the Fulfillment Team 2-3 weeks after purchase date: $150 or 25% of the paid amount, whichever is greater.
- No successful contact with the Fulfillment Team 4 weeks after purchase date: NO refund.
- Seven days after successful contact between Author and the Fulfillment Team: $200 or 20% of the paid amount, whichever is greater.
- Fourteen days after successful contact between Author and the Fulfillment Team: $500 less or 50% of the paid amount, whichever is greater.
- Twenty-one days after successful contact between Author and the Fulfillment team: NO REFUND.
d). There will be no refunds if the author cancels his book project more than six (6) months after the date of purchase of the publishing package or service for which refund is requested.
In compensation for this grant of rights, the Publisher will pay the Author royalties based upon net sales (actual sales less any refund) as reported by the Publisher's distributors as follows:
For eBook Edition copies sold: One hundred percent (100%) of the net amount received for each sale made directly from the “Books Scribe LLC” website if the book is on sale, or from third-party wholesalers, distributors, resellers, or vendors.
For Paperback Copies and Hardback Copies sold: One hundred Percent (100%) of the net sale amount for each sale made directly from third-party wholesalers, distributors, resellers, or vendors.
Net sales are defined as the Total Dollar amount that is actually received by the Publisher from the wholesale or retail sale of the WORK minus the “Reseller’s Distribution Fee and Printing Cost or of any amount Refund”. No additional fees or costs of sales are deducted from net sale amount received. Wholesale amounts vary with each wholesaler/distributor. Consignment placements are not considered sales until Publisher receives payment. Net sales directly from Publisher are based on retail price or discounted sale price.
Royalties for each copy sold are earned and paid in the same period as the Publisher actually receives payment for that copy sold. No advances are made on royalties where the payment for sales has not been received by the Publisher.
Author will receive no royalties on copies of Work considered complementary, i.e., those used for charitable, advertising, contests, and review purposes. Author will receive no royalties on copies of Work purchased by the Author at Author’s discount.
VIII. Statements and Payments.
Royalty statements are produced four (4) times a year 60 days after the last day of each quarter. Royalties earned for the royalty period shall be paid contemporaneously with issuance of the royalty statement except as noted below. Payments will be made by physical check or electronic payment via PayPal in United States Dollars (USD). Electronic payment via PayPal is the only method of payment available for non-United States of America (hereinafter US) authors.
In all instances in which the Author shall have received an over payment of royalty monies under the terms hereof, the Publisher may deduct such over payment from any future sums payable to the Author in respect to the Work.
The Author shall have the right to examine or cause Author’s duly appointed representatives to examine the accounts of the Publisher with respect to the Work at any time after sixty (60) day written demand by the Author. In the event discrepancies between royalty statements and the Publisher's accounts shall total more than one hundred dollars ($100.00) in the Author's favor under this and any other agreement between the Author and the Publisher, the Publisher shall tender such monies due to the Author within thirty (30) days, along with reimbursement in full for any duly verified expenses incurred by the Author as a result of the auditing procedure. Should such discrepancies total less than one hundred dollars ($100.00) in favor of the Author; the Publisher shall tender such money due to the Author within thirty (30) days, but shall not be liable for reimbursement of the Author's expenses.
X. Editing Rights.
The author has the right of final approval of the manuscript. Publisher may assign an editor to coordinate with Author in making edits and revisions. The Author will be notified prior to any and all substantial changes.
XI. Cover Art.
Publisher shall provide cover art at its own expense. Author will be asked to produce proposed back blurb text and suggestions for cover art. If Author wishes to provide Author's own cover art, this will be at Author's expense. If Author engages an artist to produce an alternative cover, Author must present documentation that Author has permission to reproduce the proposed cover art from the copyright owner, or warrants and provides proof that the cover art is in the public domain. If Author provides Author's own cover art, Author is responsible for formatting it in an appropriate graphics format of suitable reproduction quality. Publisher will give credit in the published Work to the cover artist. The Author has final approval of any cover artwork. The Author owns the copyright of cover art designed and created by the Publisher.
For eBook Editions and other book formats, Publisher will provide a final proof of the Work, which Author must correct and return within twenty (20) days. If the final proof is not received as agreed, Publisher has the option to delay release or terminate the agreement as warranted.
XIII. Author Copies.
On publication of the Work; Publisher shall give Author a copy of the eBook Edition of the Work for Author’s own use free of any charge. Royalties shall not be paid on this complimentary copy.
Author may elect to purchase an unlimited number of eBook, paperback and hardback copies from the publisher. Author’s Discounts may vary depending on the number of books the author will order. Author Discounts are royalty exclusive. Shipping charges are not included and will be paid for by the buying party. Author will receive no royalties on any copies that Author has purchased at the discount rate. Author will pay all shipping charges for purchased copies, if in the form of printed Edition CD/CD-ROM or DVD.
XIV. Promotion and Promotional Materials.
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 prior to publication. Once the Work is published and available in print format (after executing a separate print contract), Author does not have permission to make print copies for competitions or contests, but must use any free author copies provided under the print contract or purchase additional print copies for this purpose at Author's discount.
Publisher and Author agree to supply each other with copies of any professional reviews, either digital 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. Publisher may promote the Work through Ingram's Wholesale Catalog, its website, and other avenues of promotion. Publisher will make every effort to maintain an attractive, updated website. Publisher will not be liable for site downtime or interrupted transmission.
XV. Copyright Infringement.
If during the existence of this agreement the copyright shall be infringed, the Publisher may, at its own expense, take such legal action, in the Author's name if necessary, as may be required to restrain such infringement or to seek damages there for. The Publisher shall not be liable to the Author for the Publisher's failure to take such legal steps. If the Publisher does not bring such an action, the Author may do so, in Author’s name at Author’s own expense.
This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators and assigns of the Author, and upon and to the successors and assigns of the Publisher.
XVII. Payment Plan.
Author shall pay the remaining amount (exclusive of the initial payment) in a span of 2 to 3 months period. In a circumstance where the author is not yet done paying the TOTAL AMOUNT OF SERVICE(S), Fulfillment will not publish the books, unless, total amount of Publication service is fully paid.
XVIII. Execution and Delivery of Contract.
If this Contract shall not be signed and returned to the Publisher within a period of two (2) weeks from the date of its transmittal to the Author, the Publisher shall have the option to withdraw its offer of agreement. Nothing contained herein shall be construed to vitiate the Publisher's right to withdraw its offer of agreement prior to delivery of the signed agreement to the Publisher by the Author.
The Author has to deliver to the Publisher, one (1) complete manuscript of the Work, acceptable to the Publisher in Microsoft® WORD format (.doc/.docx) or Rich Text Format (.rtf). The Author will also deliver written authorizations for the use of any materials owned by a third party included in the manuscript (if any).
The Publisher reserves the right to reject the Work and terminate this Contract if the Author fails to meet the afore-mentioned deadline, or if the Author delivers the Work and the Work is not accepted by the Publisher as being satisfactory.
IN WITNESS WHEREOF, Author and Books Scribe LLC have executed this agreement on the day and year below, to be effective immediately if the dates are the same, or on the date of the later signature if the dates are not the same. If either Author or Books Scribe LLC have electronic signature capabilities and both agree to accept an electronic signature as valid, that electronic signature will be considered of identical weight to a handwritten signature.
AUTHOR acknowledges that SERVICE PROVIDER, Books Scribe LLC, has no control over the purchasing decisions of booksellers or book buyers and cannot be held liable for their actions.
Copyright © 2021 Books Scribe LLC - All Rights Reserved.