DISTRIBUTION AND SERVICE AGREEMENT
By signing this Agreement. You engage Us (Author’s Tranquility Press, LLC) to provide certain creative, publishing and editorial services or any forms of “Publishing Services” and social media advertisement, TV Interview and any promotional services “ Marketing Services” and book sale and distribution services “ Distribution”.
The specific Services purchased by You (Author Client)may be purchased individually or bundled into a “Purchasing Package,” and will be set forth in one or more separate “Service Orders.” This Agreement applies to and governs all Services provided by Us while this Agreement is in effect, as well as any acts incidental to the fulfillment of the Services or other responsibilities under this Agreement or applicable law.
For the Publisher (Author’s Tranquility Press) to perform the services, it may be necessary for the author to provide the Publisher with confidential information regarding personal information, except financial records and credit or debit card numbers, business products, and digital account logins. The Publisher will rely heavily upon the author’s integrity and prudent judgment to use this information only for the best interest of the parties.
2. RIGHTS TO WORK PRODUCED
Any material or ideas prepared or proposed by us (Author’s Tranquility Press) but not used or paid for by you will remain our property to use as we see fit, including use for other clients, provided that such use does not involve the release of any confidential personal information.
3. RIGHTS OF PARTIES
The author will indemnify and hold the Publisher (Author’s Tranquility Press) harmless concerning any claim, suit, or proceeding instituted by a third party that results from the use of material furnished by the author or where the author substantially changes material created by the Publisher. Information and data obtained by the Publisher from the author to substantiate claims made for the Company shall be deemed to be “material furnished to us by the author” if transmitted in writing by the author or if the latter approved an advertisement which contains the claim substantially in the form supplied by the Company.
a. The Author may petition the Publisher to terminate the contract at any time during the contract term.
b. If the Publisher files bankruptcy for any reason, goes out of business, or decides to no longer be in business, the contract will be voided. Should the Publisher go through a name change or a change in ownership, all contract terms will stand.
c. A change of title of the author’s book/work does not void this Agreement but shall subject the Work to necessary revisions to reflect the substantial changes.
5. SERVICE CANCELLATION
a. The author may cancel the Publisher’s service but has to inform Author’s Tranquility Press through call or email first for the request of cancellation of service before requesting a refund, to further investigate and validate the request, with a guaranteed full refund once approved, at any time before the production process of the service begins. For this Agreement, the procedure shall begin seven days after the payment has been made.
b. If the author cancels the service within the production process, the refund shall depend upon the service already done.
c. If the author opts to pay only 40% of the service amount upon purchase and has not fully paid the total amount yet during the cancellation, the Publisher may forfeit all the paid installments.
d. The author will have the option to use the refund amount in exchange for a service. If the exchanged service costs more than the current service, the author will have to pay the difference.
e. The author agrees that no refund of whatever amount shall be allowed from the date that the service has substantially been complied with or fulfilled by the Publisher. All cancellations shall be subject to a 30- day approval.
f. A mere change of mind on the author’s part will not suffice to warrant cancellation hence the process of the payment was done always with the author or the card owner with consent. Author(s) are read service cancellation rules/relations at time of service call.
6. PERMISSIONS AND COPYRIGHT/OWNERSHIP RELEASE; LICENSES
a. The author shall, when submission of materials is necessary as per Publisher or author request, at the time of submission of materials, including written authorizations or permissions for the use of any copyrighted or other proprietary material that appears in the Work, including but not limited to art, illustrations or quotes. These Authorizations and permissions shall be obtained at the Author’s own expense.
b. In the event that the author does not obtain the necessary authorizations or permissions for any reason not attributable to the Publisher, he or she shall be made to sign a LIABILITY RELEASE WAIVER, absolving the Publisher from any liability that will and may arise on account of the use by the author of the materials.
7. RESTRICTIONS ON USE
The author agrees, represents, and warrants publisher, during the term of this Agreement the following provisions:
a. Unless bilaterally expressed, agreed, and authorized, the service is for the AUTHOR’S SOLE USE. The service may not be shared with any third party or affiliates.
b. Unless bilaterally expressed, agreed, and authorized, the author shall not disclose, use, disseminate and reproduce any portion of the service in any manner; permit any other parent, entity, subsidiary, affiliate, or other third parties to use the service or any part thereof; process any portion of the service or permit any part of the service with other data or software from any other source: allow access to the service through any terminals located outside of author’s operations: or use the service to create derivative products.
8. JURISDICTION AND VENUE.
If You opt-out of Mandatory Arbitration, or if, for any other reason, a Claim proceeds in court, rather than Mandatory Arbitration, each Party agrees and consents that: (1) YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL; (2) any Action or Claim must be litigated or resolved solely and exclusively in the courts of Atlanta Georgia and any appellate courts therefrom; and (3) You and We each submit to the personal jurisdiction of the State Georgia