Terms and Conditions (Revised
1 September 2007)
Our standard Terms and Conditions are as shown below. Variables
(contained within < > brackets) are set on a book by book basis.
1. Definitions
In these Terms and Conditions the words and phrases shown below shall
have the following meanings:
Author means <Author's
Name> of <Address>.
Book or Author's
Book means <Title of Author's book>.
Copyright means the
exclusive legal right to ownership and use of original work.
Copyright Holder means the
person or organization with whom the Copyright resides.
Copyright Material means
someone else's work used in the Author's Book.
Defame means to attack the
good reputation of a person or organization. Defamatory
shall be construed accordingly.
Libel means a published
false statement that damages the reputation of a person or
organization. Libellous
shall be construed accordingly.
Manuscript means the
Author's text and illustrations submitted to the Publisher for Publishing.
Publication means to prepare
and issue the Author's Book for public sale, or may refer to the
finished Book, as the context requires.
Publication Cost means the
fee the Author must pay to the Publisher to cover the costs and time
involved in setting up the Author's book for Publication, and
includes the cost of listing the Author's Book in trade catalogues
for two years. Publication Fee
shall be construed accordingly.
Publish means to prepare and
issue the Author's Book for public sale. Published
and Publishing shall be
construed accordingly.
Publisher means Twoedged
Sword Publications, PO Box 266, Waterlooville, PO7 5ZT.
Right of Paternity means the
right of an author to be identified as the author of his/her work.
Royalty Payment means
payment of the Royalty Rate to the Author by the Publisher.
Royalty Rate means an agreed
percentage of the price that the Publisher receives on sales of the
Author's Book.
We means the Publisher, and Us
shall be construed accordingly.
You means the Author, and Your
shall be construed accordingly.
2. Agreement
This agreement is made between the Publisher and the Author.
The purpose of this agreement is to ensure that both parties know
their roles, rights and responsibilities, and to ensure that the
Author's Book is successfully Published to the satisfaction of both
parties. Both parties are expected to perform their duties
conscientiously and in a professional manner.
3. Basis of Publication
The Author will provide the Publisher with a finished Manuscript. The
Publication will be based on this.
4. Publication Cost (introduced 1
September 2007)
The Publisher will provide the Author with a fixed price quotation to
cover the costs and some of the time involved in setting up the
Author's book for Publication. This fee will include the cost of
listing the Author's book in the catalogues of appropriate
wholesalers, retailers and distributors in the book industry for a
period of two years. After this period the Publisher will invoice the
Author for reimbursement of catalogue fees on a yearly basis. At the
time of writing, the catalogue fee is <ten Pounds sterling per
year>. If the Author does not wish to continue the catalogue
listing of the book, the Author must advise the Publisher in writing
and the book will thereafter cease to be listed in book trade
catalogues and will only be available for purchase by the public
directly through the publisher.
5. Changes to the Manuscript
Changes to the Manuscript during the Publication process may affect
the agreed Royalty Rate and/or Publication Cost if the changes incur
substantial extra work for the Publisher. In this case the Publisher
will stop the Publication process until new Terms and Conditions have
been agreed and signed by both parties and any extra Publication Fee
has been met by the Author.
6. Defamatory or Libellous Statements
If the Author's book contains defamatory statements, it is the
Author's responsibility to ensure the truthfulness of such
statements. The Author agrees to:
-
Accept full responsibility for the consequences of any defamatory or
libellous statements made in the Author's book.
-
Completely absolve the Publisher from any liability arising from any
defamatory or libellous statements made in the Author's book
-
Indemnify the Publisher against any action or lawsuit that may arise
due to any defamatory or libellous, or alleged defamatory or
libellous statements made in the Author's book and to compensate the
Publisher for any loss or expense incurred in such an action.
7. Use of Copyright Material
If the Author uses any Copyright Material, it is the Author's
responsibility to obtain written permission from the Copyright Holder
for its use. If applicable, the Author agrees to:
-
Pay any Copyright fees directly to the Copyright Holder(s).
-
Supply proof of Copyright permissions to the Publisher when the
Manuscript is submitted for Publication.
-
Accept full responsibility for the consequences of using unauthorized
Copyright Material.
-
Completely absolve the Publisher from any liability arising from the
unauthorized use of Copyright Material.
-
Indemnify the Publisher against any action or lawsuit that may arise
due to the use, or alleged use, of unauthorized Copyright Material
and to compensate the Publisher for any loss or expense incurred in
such an action.
8. Copyright
The Copyright to the Published Book will reside with the Author. The
standard wording, shown below, will be included on the title page verso:
'© <Author's name> <year>'
The Publisher will own the Copyright to the typography used in the
Published Book.
9. Copyright licence
The Author grants the Publisher a non-exclusive licence to Publish
the Author's Book.
10. Right of Paternity
Unless the Author informs the Publisher otherwise in writing, the
Publisher will assume that the Author asserts his or her Right of
Paternity. The standard wording, shown below, will be included on the
title page verso:
'The right of <Author's name> to be identified as the author of
this work has been asserted in accordance with the Copyright, Designs
and Patents Act 1988.'
11. Finished book format
The Publisher will discuss the finished Book format and size with the
Author before processing the Author's finished Manuscript. The Author
agrees to confirm the finished Book format and size in writing,
either on paper or by email. The final decision on the style and
fonts used will reside with the Publisher.
12. Processing the Manuscript
After receipt of the Author's finished Manuscript, Publishing Fee,
signed Terms and Conditions (this document), proof of any Copyright
permissions, and written agreement on the finished Book format and
size, the Publisher will process the Author's Manuscript for Publishing.
13. International Standard Book Number (ISBN)
The Publisher will assign a unique ISBN to the Author's Book.
14. Artwork for the cover/dust jacket
The Publisher will arrange suitable artwork for the cover or dust
jacket, or the Author may supply suitable original artwork. In either
case the Publisher will process the artwork for Publishing. The
Author acknowledges that:
-
Colours printed from a computer printer may not reflect the actual
colours on the Published Book.
-
No responsibility can be accepted by the Publisher for cover colour variation.
15. Intellectual property
Electronic files generated during Manuscript processing are the
property of the Publisher.
16. Retail Price
The retail price of the Author's Book will be decided by the
Publisher and is subject to change.
17. Pre-publishing approval
The Publisher will supply the Author with an untrimmed hard copy
printout of the processed manuscript and cover artwork. Any mistakes
must be identified at this stage.
-
The hard copy printout must be checked carefully by the Author.
-
If any mistakes are found, the Author will provide the Publisher with
a list of changes required.
-
The Publisher will correct the mistakes and provide the Author with a
new hard copy printout.
-
When satisfied, the Author will formally approve the hard copy
printout in writing, either on paper or by email.
Please note: whilst great care is taken in preparation for
Publishing, the Publisher accepts no responsibility for errors or
omissions once the hard copy printout has been formally approved by
the Author. The Author agrees that the cost of any changes required
by the Author after the hard copy printout has been formally approved
will be met by the Author.
18. Approval of the proof copy
Before the Book is Published the Publisher will order a proof copy of
the finished Book from the printer. The proof copy will be assessed
by the Publisher, only with respect to the quality of the finished
product. If the proof copy is, in the Publisher's opinion, of
merchantable quality, the Publisher will approve the proof copy.
19. Book copies for the Author
The Publisher will supply the Author with <number> copies of
the Author's Published Book. The Author may purchase further copies
directly from the Publisher at <percentage> of the retail price
plus the printer's handling, and post and packing charges. Orders
must be paid for in advance. The Author is not obliged to purchase
copies of the Book.
20. Royalty Payments
The Publisher will pay Royalty Payments to the Author on a
three-monthly basis. Royalty Payments will be based on a Royalty Rate
of <percentage>. No Royalty Payments will be paid for books the
Author purchases directly from the Publisher. If a Royalty Payment
due to the Author is less than £20, it will be carried over
until the cumulative amount due is over £20. Royalty payments
will be paid in UK Pounds sterling or US Dollars, whichever is more appropriate.
Royalty Payments are dependent on the quantity of sales of the
Author's Book. The Author acknowledges that the Publisher cannot
guarantee the quantity of sales of the Author's Book.
21. Timely Disclosure
If the Author requires changes to the Manuscript or hard copy
printout during the Publication process, the Author will inform the
Publisher of the changes as soon as is reasonably practicable. See
also Clause 5 'Changes to the Manuscript' and Clause 17
'Pre-publishing approval'.
22. Early Termination
Either party may terminate the agreement at any time if the other
party fails to meet its obligations as specified in these Terms and
Conditions. In such case, prior to termination, the innocent party
will inform the other party in writing, either on paper or by email,
that it is not meeting the agreed obligations and that if this is not
rectified within ten working days, the innocent party will terminate
the agreement.
If the Author is the innocent party, then following this notice, the
Publisher will rectify the matter without expense to the Author.
If the Publisher is the innocent party, then following this notice,
the Publisher will stop work on the Book. If the matter is rectified,
and the Publisher resumes work on the Book, the Publisher will not be
held responsible for any delays incurred.
23. Confidentiality
All information supplied by either party to the other will be treated
in the strictest confidence.
24. Law
This agreement is governed by the laws of England.
25. Circumstances beyond Control
Neither the Author nor the Publisher shall be held responsible for
circumstances beyond their reasonable control.
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