Author's Tranquility Press
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Service and Distribution Agreement
This SERVICE AGREEMENT is entered into by and between AUTHOR'S TRANQUILITY PRESS ("Publisher") and [AUTHOR NAME] ("Author"), with a phone number [PHONE NUMBER], and complete postal address of [COMPLETE POSTAL ADDRESS].
Recitals
The parties have agreed on the following terms and conditions provided herein below:
1. CONFIDENTIALITY
The Author may provide the Publisher with confidential information, including personal, financial, and manuscript materials (the "Confidential Information"), for the sole purpose of performing the services in this Agreement. The Publisher shall hold such information in confidence and shall not disclose or use it for any purpose other than providing the agreed-upon services. The Publisher will protect the Confidential Information with reasonable care and shall not disclose it to any third party except to its employees or contractors who are bound by similar confidentiality obligations.
For payment processing, the Publisher utilizes a zero-storage policy. The Author will be contacted by the Publisher's financial officer to provide authorization for each individual transaction, and card details are used for that single transaction only and are not retained.
This confidentiality obligation shall survive the termination of this Agreement.
2. RIGHTS TO WORK PRODUCED
2.1. Ownership of Final Work.
Upon your full payment for the services rendered, you (the Author) will own the final, delivered work product created specifically for your manuscript (the "Final Work"). We (the Publisher) assign all rights, title, and interest in the Final Work to you, subject to the terms of this Agreement.
2.2. Pre-Contractual Materials.
Any concepts, proposals, sample edits, or marketing plans (the "Pre-Contractual Materials") presented before the execution of this Agreement remain our property. If you do not proceed with our services, we retain the right to use the underlying ideas and concepts from these Pre-Contractual Materials, but we shall not use any of your confidential manuscript content, personal information, or unique characters and plot details you have disclosed.
531 Roselane Street NW
Suite 400-175 Marietta, GA 30060
1
+1 (866) 411-8655
support@authorstranquilitypress.com
2.3. Unused Work Product During Engagement.
In the event we develop material during the term of this Agreement that you elect not to use or include in your Final Work (the "Unused Work Product"), the following shall apply:
a. We will not use any Unused Work Product that contains your unique, copyrightable expression, such as specific character developments, unique fictional worlds, or original plot lines created by you.
b. We retain the right to use the general concepts, techniques, templates, and non-narrative frameworks from the Unused Work Product for other clients or internal purposes.
3. RIGHTS OF PARTIES
Each party (the "Indemnifying Party") agrees to indemnify and hold the other (the "Indemnified Party") harmless from third-party claims, losses, and expenses (including reasonable attorneys' fees) arising from the Indemnifying Party's breach of this Agreement or its infringement of a third party's intellectual property rights through the materials it provides. The Indemnified Party must provide prompt written notice of the claim and allow the Indemnifying Party to control the defense.
4. Termination & Refund Policy
4.1. Termination for Cause.
Either party may terminate this Agreement if the other party materially breaches its obligations and fails to cure that breach within thirty (30) days of receiving written notice.
4.2. Termination for Convenience by Author.
The Author may terminate this Agreement for any reason by providing written notice to Author's Tranquility Press.
4.3. Refund Schedule for Publishing Packages.
a. Prior to Project Commencement: If termination occurs before the Publisher has assigned an editor, designer, or other specialist to the project, the Author will receive a full refund.
b. After Project Commencement but Before Final Approval: If termination occurs after specialized work has begun but before the Author grants final approval for publication, the Author will be refunded any pre-paid fees for services not yet rendered. The Publisher will provide an itemized accounting of services. A minimum of 50% of the package price is non-refundable once substantive editing or design work has commenced.
c. After Final Approval: No refund is available after the Author has granted final approval for the Work to be published.
531 Roselane Street NW
Suite 400-175 Marietta, GA 30060
2
+1 (866) 411-8655
support@authorstranquilitypress.com
4.4. Refund Schedule for Individual Services.
a. Prior to Service Commencement: If termination of an individual service occurs before the Publisher or its contractor has begun substantive work, the Author will receive a full refund for that service.
b. After Service Commencement: If termination occurs after substantive work on the individual service has begun, no refund will be granted for that service.
4.5. Termination for Insolvency.
The Author may terminate this Agreement immediately if Author's Tranquility Press ceases business operations or files for bankruptcy. In such a case, the Author will receive a full refund for any pre-paid, unrendered services.
4.6. Effect of Termination.
Upon termination, all of the Author's rights revert to the Author, and the Publisher will return all provided materials. Clauses on Confidentiality, Indemnification, and Rights to the Final Work Produced will survive termination.
4.7. Definitions.
"Project Commencement" for publishing packages occurs when an internal specialist is assigned and begins work on the Author's unique manuscript.
"Service Commencement" for individual services occurs when a contractor or internal specialist begins substantive work on the specific task.
"Final Approval" is defined as the Author's written confirmation approving the final version of the Work for publication.
5. Fees
a. Chargeback Administration Fee.
The Author agrees that initiating a chargeback with their bank or credit card company for a valid, authorized transaction constitutes a material breach of this Agreement. A flat $75 administration fee will be immediately due to the Publisher to cover the costs of managing and disputing the chargeback.
b. Failed Payment Fee.
In the event of a returned check or a failed automatic electronic payment due to insufficient funds, a $40 fee will be charged to the Author to cover associated banking and administrative costs.
531 Roselane Street NW
Suite 400-175 Marietta, GA 30060
3
+1 (866) 411-8655
support@authorstranquilitypress.com
6. Permissions, Copyright, and Indemnification
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 if 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
a. Author's Responsibility.
The Author is solely responsible for obtaining, at their own expense, all necessary written permissions, authorizations, and licenses for any third-party material included in the Work, such as text excerpts, illustrations, photographs, or lyrics.
b. Author's Warranty and Indemnity.
The Author warrants and represents that the Work is original and does not infringe upon any copyright, trademark, or other proprietary right. The Author agrees to indemnify and hold the Publisher harmless from any claims, damages, or expenses (including reasonable attorney's fees) arising from a breach of this warranty, as detailed in the Indemnification clause of this Agreement.
c. Publisher's Right to Withhold Publication.
The Publisher reserves the right to withhold publication of the Work until the Author provides satisfactory written evidence of all required permissions. If the Author fails to provide such evidence, the Publisher may terminate this Agreement, and the refund policy shall be applied as if the Author terminated after project commencement.
8. AUTHORIZATION
The Author hereby authorizes Author's Tranquility Press to charge the credit or debit card provided for the total amount due as outlined in this Agreement. The Author represents and warrants that they are an authorized user of this payment method.
Author's Tranquility Press utilizes a zero-storage policy and shall not retain the complete card details after processing the initial transaction. For any future, recurring, or installment payments, the Author will be contacted directly by the Publisher's financial officer to provide renewed authorization for each charge.
531 Roselane Street NW
Suite 400-175 Marietta, GA 30060
4
+1 (866) 411-8655
support@authorstranquilitypress.com
9. SERVICES
That the AUTHOR engages the PUBLISHER to perform the following services described:
a. Book Title/s:
[Book Title(s)]
b. Type of Service/s:
[Type of Service]
c. Payment Details:
[Payment Details]
d. Estimated Turnaround Time:
[Turnaround Time]
"The undersigned Author acknowledges that they have read, understood, and agree to be bound by all terms, conditions, and policies contained in this Service Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes all prior discussions, agreements, or proposals, whether oral or written.
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signature delivered by facsimile, email, or other electronic means (including but not limited to E-Signature platforms) shall be deemed to have the same legal effect as delivery of an original signature."
AUTHOR
DATE
ON BEHALF OF AUTHOR'S TRANQUILITY PRESS
DATE
PUBLICITY MANAGER
DATE
531 Roselane Street NW
Suite 400-175 Marietta, GA 30060
5
+1 (866) 411-8655
support@authorstranquilitypress.com