Terms and Conditions of Business for Creative Works
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Disclaimers for Offworld Publishing
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These Terms reflect any business conducted between Offworld Publishing (“Offworld”), and any of its affiliates and the author (“Author”) for the purpose of publishing services (“Services”) which may include, but is not limited to, ghostwriting, manuscript assessment, manuscript editing (Copy Editing & Content Editing), book cover and interior design (eBook & Print), audio production (CD & Mp3), website design and development, and video production (“Works”).
The Author and Agency may be referred to herein individually as a “Party” or collectively as the “Parties.” This contract is entered into in good faith and upon signature by the Parties indicates acceptance of this contract and the terms described herein.
Author retains 100% of the rights and copyright licenses to the submitted manuscript and all other materials (“Materials”) submitted to Offworld during all times that payments for services to Offworld are being maintained. If due payments lapse, Offworld retains all rights until payments are resumed or completed.
Author retains all rights to distribute and sell the manuscript in all print and digital formats.
Author assumes all rights to completed Works upon final payment to Offworld for services rendered.
Author grants Offworld the non-exclusive right to store and transmit digital files on Author’s behalf to facilitate or expedite production and/or distribution of Works.
Should Offworld be commissioned to produce a book cover, Author grants Offworld the right to exhibit Offworld brand mark on the completed book’s lower rear cover.
Should Offworld be commissioned to produce an interior book design, Author grants Offworld the right to include a text only credit to Offworld on the completed interior’s copyright page.
Author grants Offworld permission to feature completed Works for the purposes of marketing and promotion, including, but not limited to, use for websites, webinars, social media, blogs, or any other third party service used to showcase Offworld’s Work. For ghostwritten Works, this is entirely at the Author’s discretion.
Payments and Royalties
Upon accepting these terms, Author agrees to pay Offworld the percentage of the total fees agreed upon, as designated in the Author Service Proposal supplied to Author. Author shall make the remaining payments in increments agreed upon by Author and Offworld, until the total amount is paid in full. The release of the Work will not take place until the total is paid in full, unless agreed upon in writing by both Parties.
Offworld will receive no royalties from the sale of completed Works. Offworld operates as a flat rate service paid on an as-needed basis.
Although Offworld provides other Services including printing, distribution, marketing and others, Author is in no way obligated to take any service apart from those Services detailed in the Author Service Proposal.
Any and all services performed by Offworld are as an independent contractor and should not be considered as any form of employment.
Unless notified in writing by the Author, Offworld will design all requested Materials, including, but not limited to, the book cover, interior pages, video trailers, audio CDs, and related marketing support Materials, according to professional standards, specifications, and industry best practices.
To assure Author retains 100% control over distribution of finished Work, if requested, Offworld will purchase the ISBN (International Standard Book Number) from the designated provider of such services, on behalf of Author, ensuring that the ISBN remains the exclusive property of the Author.
While Offworld will make every effort to find and correct any errors that may occur during production, it is not feasible to guarantee that files will be error free. It is the responsibility of Author to review all Materials prior to approval of production.
Offworld will make all reasonable efforts to produce contracted services within the agreed timeframe and subject to Offworld’s receipt of all acceptable Materials and fees required from Author in conjunction with Work.
Offworld is not responsible for delays caused by Author’s non-responsiveness or inability to appropriately delivery acceptable Materials, nor do the days of Author inactivity apply toward the timeframe set forth above. The publishing process will be terminated without refund in the event the Author’s inaction or non-responsiveness prevents the production process from completing within one (1) year from the date of last significant payment.
Warranties and Responsibilities
Author must possess the technical means and knowledge to submit his/her manuscript to Offworld and provide the necessary book files (manuscript, photos, documents, etc), as required for production.
Author represents and warrants that Author is the sole owner of the manuscript and all material submitted in conjunction with Works, including all submitted artwork, interior images, and photographs.
Author represents and warrants that Author has full power and authority to enter into this Agreement and to submit to Offworld all Materials requested for the Works to be carried out lawfully.
Author represents and warrants that the submission of the manuscript and all other Materials do not conflict with or violate any arrangement, understanding, or Agreement between the Author and any third party.
Upon initial inquiry to Offworld from Author, Offworld will be considered bound by a confidentiality agreement pertaining to the Works, with particular regard to any ghostwriting Services to be undertaken.
Whereas, the parties wish respectively to publish and have published the creative work (referred to as the “Work”), which includes, but is not limited to, books, articles, images, artwork, music.
The term “Author” under these Terms shall apply to any person wishing to publish their Work with Offworld.
The parties mutually agree as follows:
Grants of Rights
Offworld make no claim to any rights claimed by Author for the publication of Author’s Work provided that any payments or fees due to Offworld for any Service have been paid in full or are being maintained. If due payments lapse, Offworld retains all rights to the Work until payments are resumed or completed.
Author’s Warranties and Indemnities
The Author warrants that he/she is the sole author of the work; that he/she is the sole owner of all the rights granted to the Publisher; that he/she has not previously assigned, pledged, or otherwise encumbered the same; that he/she has full power to enter into this agreement; that except for the material obtained pursuant to Paragraph 3, the work is original, has not been published before in the form submitted by the Author, and is not in the public domain; that it does not violate any right of privacy; and that it does not infringe upon any statutory or common-law copyright.
In the event of any claim, action, or proceeding based upon an alleged violation of any of these warranties, Offworld will cease publishing the Work until such time as Author provides Offworld with a court ruling proving Author does have full rights, at which time, Offworld will republish the Work under these Terms of Business. Author shall hold harmless Offworld, any seller of the work, and any licensee of a subsidiary right in the work, against any damages finally sustained an shall compensate Offworld in full for any costs of expenses incurrent (including reasonable counsel fees) attributable to any defence required by Offworld.
If any such claim, action, or proceeding is instituted, Author shall promptly notify Offworld, who shall fully cooperate and shall have the right but not the obligation to participate in the defence thereof, and Offworld may withhold payments of reasonable amounts due to him/her under this or any other agreement between the parties.
At no time will Offworld be considered obligated to publish the Work unless paid to do so under any particular Service.
Delivery of Satisfactory Copy
Offworld will acknowledge receipt of an acceptable Work in the English language (for Books and Articles), together with any necessary permissions and all photographs, illustrations, drawings, and indexes suitable for reproduction and necessary to the completion of the manuscript. If the Author incorporates in the work copyrighted material, she shall procure, at her expense, written permission to reprint it.
Offworld will retain 10% of the sale price of the Work and remunerate any monies due to Author (or Author’s representative, whose receipt thereof shall be a valid discharge of the Publisher’s obligation) within 15 (fifteen) days of receipt of same by Publisher.
Any sums due and owing from Author to Offworld, whether or not arising out of these terms, may be deducted from any sum due or to become due from Offworld to Author pursuant to these terms.
Date, Style, and Price of Publication
Offworld shall publish the Work on it’s own website () at its own expense, in such style and manner, under such imprint and at such price as it deems suitable.
Offworld shall publish the Work on any other website(s) mandated by Author under the terms of that Service to Author.
Offworld shall not be responsible for delays caused by any circumstance beyond its control. In no event shall Offworld be obligated to publish a work which, in its opinion, violates the common-law or statutory copyright or the right of privacy of any person or contains libellous or obscene matter.
If the relevant Service is engaged by Author, Offworld shall copyright the work in the name of the Author, in the United States, in compliance with the Universal Copyright Convention, and apply for renewals of such copyright. If the copyright of the work is infringed, Author’s expenses and recoveries, if any, shall be covered entirely by Author. Offworld are not liable for any claim against it by any party or 3rd party for such.
Offworld does not pay advance monies to Author. Payments to Author are limited to monies due to Author under the above ‘Remuneration’ clause.
All monies due to the Author under the terms of this agreement may be paid to the Author’s duly assigned representative (if applicable), whose receipt thereof shall be a valid discharge of the Publisher’s obligation. Author’s duly assigned representative is empowered by Author to act on his/her behalf in all matters arising from and pertaining to this agreement. The term “Author” as used in these terms includes but is not limited to all author(s) named elsewhere in this agreement and their successors, assigns, licensees, heirs, legal representatives, administrators and executors, and anyone acting on their behalf or in their place and stead.
Offworld provides a Service whereby it transforms artwork into 3d Lenticular and other formats ("3d Installations") for its clients.
Author hereby authorises Offworld to use any of Author's Work in Offworld's 3d Installations and will provide Author will a commission of 10% of the value of the 3d Installation in so doing, to be remunerated to Author with 15 (fifteen) days of receipt of same to Offworld.
Except for loss or damage due to its own negligence, Offworld shall not be responsible for loss or damage to any property of the Author.
These Terms, including all rights and liability of the parties, shall be governed by the laws of the United Kingdom.These Terms shall be binding upon the heirs, executors, administrators, and assigns of Author, and upon the successors and assigns of Offworld. These Terms constitute the complete understanding of the parties. No modification or waiver of any provision shall be valid unless in writing and signed by both parties.
Author will be provided with a proforma invoice for the agreed percentage of the total agreed remuneration for the Services detailed in the Author Service Proposal and Author will pay the invoice to Offworld via the methods of payment detailed herein.
If payments are split, interest will be added to all overdue accounts at the rate of 2% per month on outstanding balance or daily equivalent.
Materials supplied and services provided remain the property of Offworld until paid for in full. Title in goods shall not pass until paid for in full
Prices stated DO NOT include VAT/Sales Tax. If applicable, VAT/Sales Tax will be added to invoices.
Details of how to make payments will be on respective invoices and are as follows:
By Direct Bank Transfer
Paying from the UK - Pounds Sterling (£)
Paying from the EU - Euros (€)
Paying from anywhere else
The above accounts accept payments in any currency but will charge a currency conversion fee.
Please do not hesitate to contact this office should you require any further information or advice.