You reserve all rights to and/or ownership of Your book. Pen House does not possess any rights to and/or ownership of Your book. You recognize that Pen House only functions as a provider of services including but not limited to book sales, online availability & distribution, and printing. In addition, We acknowledge that We do not have the right to review or correct the content of Your book unless otherwise specified by You. YOU (AND/ OR THE PERSONS YOU ARE EXCLUSIVELY AUTHORIZED TO REPRESENT IN THIS AGREEMENT) WILL REMAIN THE SOLE AND EXCLUSIVE OWNER(S) OF ALL RIGHT, TITLE, AND INTEREST, INCLUDING COPYRIGHT, IN AND TO YOUR MANUSCRIPT.
The agreement between Pen House and You is non-exclusive in nature; thus, it allows You to work with any other agents, publishers, firms and the like. In addition, Pen House allows the You to engage in any other agreement at any given time as long as You do not breach Your agreement with the company if You grant other agent, publishers, firms and the like the exclusive rights.
You acknowledge that You are solely and fully responsible for the content of the Manuscript and the Work and that We will not be liable to You, or to any third party or other person or entity for the content of Your Manuscript or the Work, regardless of whether We had any knowledge or could have reasonably known of any violation of Your above representations or that the Work or Manuscript otherwise violates law. You guarantee to the company that You possess sole ownership of Your manuscript and is the owner of the copyright of its contents. Moreover, You guarantee that You did not commit plagiarism in relation to Your manuscript and ensures that its contents are entirely Your creation. Pen House can decide at its discretion if Your manuscript is subject for violation or complaint with the content policy, including but not limited to cover image, product data, book file, and other specifics. You must ensure that Your manuscript does not contain libelous, illegal, offensive, threatening, infringing, legally obscene, defamatory and intentionally hateful, and harmful or potentially harmful contents. You warrant or guarantee that 1) the book does not contain advertisements that either explicitly or implicitly persuades readers to purchase a product other than the book, 2) that the book does not contain materials that You are not authorized or own a copyright to distribute, and 3) the contents do not pose intentional harms or potentially harm the reputation of an individual or a third party. If You failed to abide the aforementioned cases, Pen House has the right to terminate Your account.
FULFILLMENT OF SERVICES
During the Term of this Agreement and for the purpose of fulfilling the Services purchased by You and complying with Our obligations under this Agreement, with respect to Your Manuscript and Third Party Property licensed to You for use in the Work, You authorize, consent to and grant to Us and Our Contractors the following:
• The worldwide rights and license to display, exhibit, reproduce, digitize, modify, license, and otherwiseuse the information that You provide to Us about You (such as Your name or chosen pen name, image, likeness, appearance, voice, video footage, biographical and personal information, etc.) and information about the Work (such as the title, Your description of the Work, excerpts and images from the Work, etc.), in all materials created by Us or on Our behalf that incorporate any of the information above, in any format and in all media;
• The worldwide rights and license to send free review copies of the Work to members of media andother potential book reviewers or book sellers, in Our sole discretion;
• The worldwide rights and license to make excerpts or previews of the Work available for preview onwebsites or via other media, including the websites of certain retailers such as Amazon, Google, and Apple, in Our sole discretion;
Before We are required to begin fulfillment of the Services, You must submit to Us: (a) a fully completed Title Submission Form or other forms requested by Us; (b) Your Manuscript; and (c) full payment for the Services. We are not responsible for the loss of or damage to Your Manuscript while in transit or while in Our possession. We are not obligated to preserve or return Your Manuscript or any other submitted materials to You.
You are responsible for supplying and maintaining with Us complete and current personal information, including, but not limited to, Your name, address, telephone number, email address, bank information, and tax information.
NOTE: Fulfillment of a Service occurs either when You return the author questionnaire, whether or not completed fully or correctly, or when We or a Contractor begin work on the Service, whichever occurs first.
WORKING WITH MINORS
We deemed it necessary for parent or legal guardian of authors below 18 years old to co-sign the Publishing Agreement. The parent or legal guardian should also authorize the payment for the publishing and/or marketing services availed by You.
DISCLAIMER OF SALES
SALES ARE NOT GUARANTEED. WE CANNOT CONTROL THE SUBJECTIVE PURCHASING DECISIONS OF CONSUMERS OR BOOKSELLERS. WE CANNOT AND DO NOT GUARANTEE SALES OF THE WORK. WE MAKE NO GUARANTEES OR PROMISES AS TO THE MINIMUM SUCCESS OF THE SERVICES OR THE AMOUNT OF BOOK SALES WHICH MAY RESULT FROM ANY OR ALL OF THE SERVICES.
PRICING AND PAYMENT TERMS
We reserve the right to adjust/modify the Pricing and Payment Terms of services at any given time without prior notice.
TERMINATION OF WORK
Pen House is liable to provide a refund if You terminated Your agreement with the company for any of the following reasons; 1) Breach of contract committed by Us, 2) the Agreement was terminated after You submitted the manuscript but prior to the beginning of the interior design, and if 3) the agreement was terminated after the start of the interior design but prior to completion of the Digital Preview approval form.
Refund should be in writing with complete details of the request by You. You are entitled to a 50% refund of the paid amount after this agreement is signed. However, only 30% refund of the paid amount is provided to You if the agreement was terminated after You submit the manuscript but prior to the beginning of the interior design. Finally, You will only receive 20% refund of the purchase price if the agreement was terminated after the start of the interior design but prior to completion of the Digital Preview approval form.
Your right to claim a refund will be forfeited if You failed to provide materials necessary in publishing Your book within three months from the date of the service order. Refund fees related to pre- and post- publication services namely, copyediting, books sales, and corrections will not be provided by the Us. Moreover, the We do not offer refund to the publication of second and later editions of Your book. A refund is also not provided when We terminate the publications of Your work due to breach of contract committed by You.
All Marketing Services are non-refundable.
Note: Refunds will be processed and directly credited to Your bank account within 30 days from the date of request.
This written contract is deemed as the sole and entire agreement between Pen House and You. The Parties agree that the electronic signatures included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Nothing contained in this Agreement will be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment or fiduciary relationship between the Parties, and neither of the Parties will have authority to contract for or bind the other Party in any manner whatsoever.
This Agreement shall inure to the benefit of and be binding upon the Parties hereto and each of their respective heirs, executors, successors and permitted assigns. You may not assign any of Your rights or delegate any of Your obligations under this Agreement without the prior written consent by Us.