Author Zoom Self

Publishing, House Web:www.wingsofauthor.com

6 New Katra Road, C Block Email ID- techteafy@gmail.com

Second Floor, Prayagraj (U.P.)-211002’

India,

 

 

 

 

THIS AGREEMENT is made this Date of Agreement __________-2021  between  AUTHOR ZOOM  PUBLISHING, HOUSE -

_____________and  _______________  (Author Name)

WHEREAS.  The Author desires the Publisher to publish the Author’s work title ________________ (Title Name), and Publisher desires to publish the work;

NOW THEREFORE in consideration of the promises here in after set forth and for valuable consideration, receipt where of is acknowledged, the parties agree as follows:

PUBLICATION

The Publisher shall have the exclusive right to edit or modify the delivered materials at their discretion prior to publication. However, the Author shall have the right to review any modifications and grant approval prior to publication.

While the Author shall have the right to review and approve and changes to content, the work’s format, cover design, and final artwork, the Publisher shall retain full right to manufacture, distribute, marked, and sell the completed work as they deem necessary, providing royalty to author on each book selling;

The Publisher agrees to provide page proofs of the material prior to publication. These proofs shall include all content, including artwork.

The author agrees to review and return these proofs to the Publisher within 30 days.

The Publisher agrees that the works covered under this book publishing contract will be published within 30 days of delivery of the initial manuscript.

The Publisher agrees to consult with the Author regarding marketing the published works,  but author reserves the right to make final decisions regarding marketing of the works. The Author grants the Publisher the right to use the Author’s name and likeness as they  see fit for marketing purposes.

COPYRIGHT

The Publisher shall include a copyright notice in the Author’s name on all published copies of the works in accordance with Indian Copyright Regulations. The Author acknowledges and agrees that  Author Zoom Self Publishing House acquires no right of ownership to the work under this Agreement; that  Author Zoom Self Publishing House is a provider of limited services only as governed by the invoices on which you have paid for services (i.e. publishing services, editing, printing, sales and fulfilment, and web site development) and assumes no responsibility for reviewing or correcting the content of the work. Author also agrees that, he is only providing  Author Zoom Self Publishing House, then it will remain the property of  Author Zoom Self Publishing House, all time.  Author is furthermore not allowed to reprint or digitally distribute the formatted/ designed book or a part of it, in the form, such it indicates to be as printed or distributed by  Author Zoom Self Publishing House or else otherwise to use the cover page prepared by  Author Zoom Self Publishing House  for any other purpose except  what conducts as to genuine promotion of book. The ISBN assigned by  Author Zoom Self Publishing House to the book can never be used with third party printer/distributors at any relation or concern. However, still author own the complete rights on his/her content but finalized book content with layout and formatting with cover art cannot be produced by author using any third party service. Author guarantees not to use the ISBN or cover art or layout in relation to any third party in any way or any manner.

AUTHOR’S WARRANTIES AND INDEMNITY

1. The Author warrants to the Publisher and its licensees that is the sole Author and proprietor of the Work; that the Work has not heretofore been published in book form, and that said rights are not subject to any proper agreement, lien, or other claim or rights which may interfere with the rights are not subject to any proper agreement, lien, or other claim or rights which may interfere with the rights herein granted; that the Work is original  and not in the public domain;  that it does not violate the right of privacy of any person; that it contains no libellous, obscene, or other unlawful matter; and the it does not infringe upon the copyright or violate any other right of any person or party. The Author agrees to hold the Publisher harmless against any damages, including attorney’s fees, finally sustained in any suit involving the publisher or its licensees by reason of a violation of any of these warranties. 
2. If any such suit is instituted, the Publisher shall promptly notify the Author and may withhold payments due to the Author under this Agreement, until such suit has been settled or withdrawn. If a final adverse judgment is rendered and is not discharged by the Author, the Publisher may apply the payments so withheld to the satisfaction of such judgment. The Author undertakes for himself, his successors and assigns, to execute at any time, or request of the Publisher, any document or documents to confirm or continues any of the rights defined herein, and to take all proceedings necessary to enforce copyright in India and elsewhere.
3. If the Author unreasonably disapproves of any out-of-court settlement recommended by the Publisher and the claim or suit proceeds to trial, the Author shall be liable for all the publisher’s fees, costs, damages, and expenses connected with such trial regardless of outcome, The Publisher shall have the right to reasonably extend the benefit of the indemnities to any person, firm, or corporation at any time, and the Author shall be liable thereon as if Author’s warranties were originally made to such person, firm, or corporation;
4. The Provisions of this Section 3 shall survive the termination of this Agreement.

ACCOUNTING

The Publisher shall provide the Author with a quarterly statement detailing net copies sold and net revenues after publication of the works, along with quarterly royalty payments in accordance with the terms of this book publishing contract for physical stores (if opted).

However, the sales records of previous month for amazon and flipkart will be updated by the end of the month. Reports and payments shall be delivered to the Author by the Publisher no later than the final business day of each calendar month on an on-going basis.

 Author Zoom Self Publishing House shall provide monthly sales reports electronically to the Author within 20 days from the end of each calendar month during the subsistence of the Term. The royalty will be 100% profit.

ADVERTISING AND PROMOTION

1. The Publisher shall have the right to use, and to license others to use, the Author’s name, image, likeness and biographical material for advertising, promotion, and other exploitation of the work and the other rights granted under this Agreement provided the Publisher has obtained the Author’s approval which shall not be unreasonably withheld to said use and exploitation.
2. The Publisher shall have the right to determine the time, place, method and manner of advertising, promotion and other exploitation of the Work provided the Publisher has consulted with the Author, and provided that for any exploitation requiring the Author’s  presence the Author’s approval, which shall not be unreasonably withheld, shall be obtained.

RETAIL PRICE

As the Author you may price your books at any retail price, However, we cannot sell your books through our systems unless your retail meets the Minimum Pricing criteria outlined by us which is based on books format and page count. This means that you cannot set a price below the cost of the product and have it sold by  Author Zoom Self Publishing House Publishing;

Minimum pricing criteria are subject to change at any time at the discretion of  Author Zoom Self Publishing House as market conditions and costs warrant.  Author Zoom Self Publishing House will recommends a price change to the author when minimum pricing criteria change. 

 Author Zoom Self Publishing House  shall not be liable to pay and consideration including sharing any revenue for the Printed Books which are Distributed for review, advertising, publicity, promotional  purpose, samples or such other similar purposes provided that the Author shall not be liable to pay any printing cost of printed Books Distributed by  Author Zoom Self Publishing House for such purpose,  Author Zoom Self Publishing House is not necessarily bound to share/update the information to author in the same regards.

TERMINATION OF AGREEMENT

The agreement may be terminated by either party with a 60 days written notice to be delivered by registered mail or equivalent, All rights granted to publisher shall revert to author upon termination of agreement and publishers shall make all pending dues               

( Author’s Royalty) to  author within 90 days of such termination; Amount Paid to  Author Zoom Self Publishing House  for the Publishing Package in non refundable. Publisher shall make bonafide efforts to end all distribution arrangements during this period and terminate such agreements for distribution of author’s work. However, customer rights to access purchased books shall continue.

LAWS APPLICABLE

This Agreement shall be interpreted according to the laws of India. Any litigation relating to this Agreement shall be pursued in the Allahabad (Prayagraj) Utter Pradesh Jurisdiction.

SEVERABILITY

In the event one or more clauses of this Agreement are declared invalid, void, unenforceable or Illegal, that shall not affect the validity of the remaining portions of this Agreement.

IN WITNESS OF, the parties here to have executed this Agreement the day and year first above written and shall be interpreted under the India laws.

 

       Author: _____                            Publisher: Author Zoom   

        Name- ________                                           Publishing House

        Title of Work___________           Name: POOJA

                                                                Designation:  CEO & Founder