AGREEMENT FOR MANUSCRIPT SERVICES
SELF-PUBLISHING AGREEMENT
AGREEMENT FOR MANUSCRIPT SERVICES
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THIS AGREEMENT is entered into as of this date, _____________, in Nashport, Ohio between_______________________________________________ (AUTHOR) whose address is______________________________________________, and Toni M. Leland, dba New Concord Press/Next Step Writers Services(c) (NCP/NSWS), whose address is 7270 Forest Lane, Nashport, OH 43830, who both agree as follows regarding editing services on a literary work titled____________________ (the WORK).
1. AUTHOR represents and warrants to NCP/NSWS that: (I) the WORK is not in the public domain; (ii) AUTHOR is the sole proprietor of the WORK and has full power and authority to enter into this Agreement and to grant the rights that are granted to NCP/NSWS in this Agreement; (iii) the WORK has not been published in any form; (iv) the WORK does not, and if printed will not, infringe upon any copyright or proprietary right, or otherwise is or will be in contravention of any law or any right of any third party; (v) the WORK contains no matter that is obscene, libelous, scandalous, or violates any third party's right of privacy or publicity; (vi) all statement of fact in the WORK are true and are based on diligent research; (vii) any device of instruction in the WORK is safe and is not negligent or defective in any manner; and (viii) that with respect to any adverse claim as to any of the foregoing representations and warranties, AUTHOR will defend, hold harmless, and indemnify NCP/NSWS and its employees and licensees.
2. NCP/NSWS is engaged to provide typing and/or editing services. No relationship of joint authorship is created by this Agreement, and NCP/NSWS shall not be responsible for the content of the WORK. NCP/NSWS shall, at the request of AUTHOR, type the WORK into electronic form, or/and perform punctuation and spelling editing, where necessary. Finished product will be in publishing industry-accepted (required) submission format: 1-inch margins, 12-point Times, double spaced, one side of the paper; or, at the request of AUTHOR, NCP/NSWS shall proof and/or line-edit the submitted WORK, and return marked manuscript to AUTHOR for approval.
3. AUTHOR shall pay, as designated by NCP/NSWS, such fees and costs pursuant to the published Pricing Details provided by NCP/NSWS, and agreed upon by AUTHOR. Full payment for all services is due and payable before work commences.
4. This Agreement contains all of the understanding and agreement of the parties. Any amendment to the Agreement must be in writing and signed by both parties, no later than thirty (30) days before finalization of WORK. If terminated before production work begins, all submitted fees are refundable less a $50 administrative fee and/or any other applicable fees for work already commenced. If terminated after production work commences, all fees become non-refundable.
5. Any notice or delivery made pursuant to this Agreement shall be deemed to have been made by delivery in person or by U.S. Mail, certified or registered, return receipt requested, sent to the addresses set forth above. All items mailed shall be considered received only when such item is in the possession of the addressee.
6. This Agreement shall be governed by and interpreted under the laws of the State of Ohio. The parties agree that any action brought pursuant to this Agreement shall be commenced in Muskingum County, Ohio. The parties have executed this document in duplicate on_________, 20__.
Author:_________________________________
Toni M. Leland, Executive Editor: ___________________________________
New Concord Press
Next Step Writers Services©
NCP_Svc0109
SELF-PUBLISHING AGREEMENT Print
THIS AGREEMENT is entered into as of this date, _____________, between _______________________________________________________________ (AUTHOR) whose address is ________________________________________________________, and Toni M. Leland, dba New Concord Press, whose address is 7270 Forest Lane, Nashport, OH 43830 (NEW CONCORD PRESS), who agree as follows regarding the production of a literary work tentatively titled ______________________________________ (the WORK).
1. AUTHOR represents and warrants to NEW CONCORD PRESS that: (I) the WORK is not in the public domain; (ii) AUTHOR is the sole proprietor of the WORK and has full power and authority to enter into this Agreement and to grant the rights that are granted to NEW CONCORD PRESS in this Agreement; (iii) the WORK has not been published in any form; (iv) the WORK does not, and if printed will not, infringe upon any copyright or proprietary right, or otherwise is or will be in contravention of any law or any right of any third party; (v) the WORK contains no matter that is obscene, libelous, scandalous, or violates any third party's right of privacy or publicity; (vi) all statement of fact in the WORK are true and are based on diligent research; (vii) any device of instruction in the WORK is safe and is not negligent or defective in any manner; and (viii) that with respect to any adverse claim as to any of the foregoing representations and warranties, AUTHOR will defend, hold harmless, and indemnify NEW CONCORD PRESS and its employees and licensees.
2. AUTHOR shall retain 100% of copyrights for submitted manuscript and other material submitted in conjunction with the WORK. A notice of copyright shall appear in the finished version of the WORK that, in the reasonable opinion of NEW CONCORD PRESS, meets with the United States Copyright Law.
3. NEW CONCORD PRESS is engaged to provide production services. NEW CONCORD PRESS shall provide services necessary for preparing the Work for printing, as set forth in the published Pricing Details. No relationship of joint authorship is created by this Agreement, and NEW CONCORD PRESS shall not be responsible for the content of the WORK. NEW CONCORD PRESS reserves the right, in its sole discretion, not to accept a submission.
4. AUTHOR grants to NEW CONCORD PRESS a non-exclusive, worldwide license to distribute and sell the WORK in print and/or digital form; AUTHOR grants NEW CONCORD PRESS the non-exclusive right to exhibit the WORK in part on websites or promotional materials owned by NEW CONCORD PRESS, and the non-exclusive right to store and transmit digital versions of the WORK to facilitate production, distribution, and sales of the WORK.
5. AUTHOR retains all rights to distribute and sell the manuscript in other print and digital formats. NEW CONCORD PRESS retains all rights to formatted designs and covers, and production materials, both raw files and Portable Document Files (PDFs).
6. AUTHOR shall deliver to NEW CONCORD PRESS one complete printed manuscript copy from the submitted electronic file, one complete copy in electronic form (to be determined) of the WORK satisfactory to NEW CONCORD PRESS, and all other materials required to produce the WORK based on a Production Schedule by mutual agreement between AUTHOR and NEW CONCORD PRESS. AUTHOR will retain one complete unrevised electronic copy of the WORK.
7. AUTHOR shall pay to NEW CONCORD PRESS such fees and costs pursuant to the published Basic Book Package and Pricing Details. Full payment for all services is due and payable before production work begins.
8. AUTHOR agrees to read, revise, correct, and promptly return all proof materials in a timely manner not to delay NEW CONCORD PRESS'S work schedule. AUTHOR shall pay, pursuant to published Pricing Details, the expense of any alterations or additions authorized by AUTHOR (AA's), other than those due to production error.
9. All proofs shall be approved by AUTHOR. NEW CONCORD PRESS will provide such technical assistance as requested by AUTHOR. Any costs associated with NEW CONCORD PRESS'S assistance or for any alterations or additions requested by AUTHOR (AA's) shall be paid by AUTHOR. NEW CONCORD PRESS shall not be responsible for any delay in the Production Schedule due to AUTHOR'S failure to approve the proof in the time prescribed or due to AUTHOR'S alterations or additions (AA's).
10. AUTHOR is required to set a retail sales price for the WORK. NEW CONCORD PRESS will act as advisor, if requested.
11. AUTHOR owns the book. AUTHOR shall be able to purchase books at cost plus a $15 per order fee, shipping and handling (order fee waived on initial order).
12. As a convenience to AUTHOR, NEW CONCORD PRESS will order adequate inventory of the WORK as needed to fulfill sales from the NEW CONCORD PRESS website and AMAZON.COM, and store said inventory at NEW CONCORD PRESS's facility under the following policies: 1) NEW CONCORD PRESS will order books from the printer and invoice AUTHOR at cost plus shipping; 2) NEW CONCORD PRESS will purchase books for resale from AUTHOR's inventory at a 40% discount off the cover price; 3) Amounts owed to author are calculated quarterly, with payments being mailed thirty (30) days after the last day of the quarter period; 4) after a period of six (6) months, if books have not sold, NEW CONCORD PRESS will return inventory to AUTHOR; 5) net cost of customer returns will be charged back against AUTHORŐs account.
13. This Agreement contains all of the understanding and agreement of the parties. Any amendment to the Agreement must be in writing and signed by both parties.
14. This Agreement may be terminated by either AUTHOR or NEW CONCORD PRESS at any time. AUTHOR may terminate this Agreement with thirty (30) days notice to NEW CONCORD PRESS. If terminated before production work begins, all submitted fees are refundable less a $50 administrative fee and/or any other applicable fees for work already commenced. If terminated after production work commences, all fees become non-refundable. NEW CONCORD PRESS may terminate this Agreement with thirty (30) days notice to AUTHOR, after which NEW CONCORD PRESS may immediately cease any print or digital availability of the WORK. Such termination may be based on any violation of this Agreement and warranties or representations. In such case, all fees become non-refundable. Upon termination of this Agreement, all rights granted within this Agreement revert to AUTHOR.
15. Any notice or delivery made pursuant to this Agreement shall be deemed to have been made by delivery in person or by U.S. Mail, certified or registered, return receipt requested, sent to the addresses set forth above. All items mailed shall be considered received only when such item is in the possession of the addressee.
16. AUTHOR shall defend, indemnify and hold harmless NEW CONCORD PRESS, its parent companies, subsidiaries, and affiliates, and their respective officers, directors, employees, and agents from and against any and all third-party claims, actions, proceedings, damages, and expenses (including reasonable attorneys' fees and applicable costs of in-house counsel), in connection with a breach or alleged breach of the representations and warranties made in this Agreement, including any and all claims of copyright or ownership infringement by publication of WORK and all claims for damages caused by the negligence of AUTHOR.
17. NEW CONCORD PRESS shall be excused for delay or failure to perform its obligations under this Agreement if and to the extent that such delay or failure is caused by an event beyond the reasonable control of NEW CONCORD PRESS, including without limitation, any act of God, act of terrorism, actions by any government authority, fires, floods, natural disasters, riots, wars, labor problems, failure of or interruptions in telecommunications or data transmission systems, or the inability to obtain materials, labor, equipment or transportation.
18. This Agreement shall be governed by and interpreted under the laws of the State of Ohio. The parties agree that any action brought pursuant to this Agreement shall be commenced in Muskingum County, Ohio.
The parties have executed this document in duplicate on ___________________,20__.
________________________________ Author
___________________________________ Toni M. Leland, Executive Editor
New Concord Press
Next Step Writers Services©
SELF-PUBLISHING AGREEMENT
NCP_SP0109