This Contract of Service with Meraki Media sets the transparent terms and conditions for the services to be engaged i.e., publishing and marketing. This Contract is entered into by Meraki Media and the Author.
1. Engagement of Service
What follows is an itemization of the engagements that will be performed completely or partially as per the author’s needs, rationale, and agreed-upon service packages. The publisher gives no guarantee of immediate results upon employing any of the items mentioned hereafter.
a. Black & White or Full-Color publishing packages which may include additional services that are the following but not limited to: Editing services, cover and layout design, printing type, and marketing & distribution services.
b. Website creation
c. Issuing Press Releases for book promotion
d. Creation of Book Video Teasers
e. Social Media Profile Optimization
f. Coordinating Book Fair Displays
g. Info Advertisement at Authors’ Hub Website
The Author swears that he or she is the only author of the manuscript and therefore owns copyright to all of its content; that he or she has not committed plagiarism and that if fiction, the work represents no real event or person/s that could by any means libelous and that, if nonfiction, omit or misstate no facts which would defame any person/s or result in damaging a person/s or placed the person in a false light; and that the Work infringes not the copyright, privacy or trademark of any third party; and that he or she is owner of any trademarks and/or trade names related with the Work; that the Work promotes no obscenity or hate literature and that the author is rightful to enter into this Contract.
Author warrants that s/he is of legal age. If Author is a minor, then Author represents and warrants that Author’s parent or guardian has executed this Contract and assuming all implications for the responsibilities set hereunder.
3. Disclaimer of Warranties
Meraki Media gives no guarantee in terms of sales success from the services provided. Meraki Media cannot be held liable for any level of achievement or failures of their work, whether directly or indirectly related to the purchase and utilization of our products and services.
The Author shall obtain all necessary permissions for the use of other copyrighted materials. The Author shall bear all the cost of providing these permissions. Any permission shall have to be in writing and clones shall be furnished for the benefit of Meraki Media when delivering the manuscript.
5. Copyright & Title Registration
The two parties, Meraki Media and the Author have the right, but are by no means obliged, to register the Author’s copyright for the completed WORK with the Copyright Office, Library of Congress. As per the Copyright Law of 1976, the rights to all design and art work, including but not limited to photography and or illustration created by independent photographers or illustrators retained by Designer, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of All Rights (A Buyout) is negotiated with Designer and/or his/her authorized representative, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding. If printing or other implementation is done through your vendors, you agree to return to us all our original mechanicals and artwork (slides, prints, drawings, separations, etc.) within two weeks, and to provide us with printed samples of each project. We reserve the right to photograph and/or distribute or publish for our company’s promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm newsletter, brochures, slide presentations and similar media.
6. Royalties & Pricing
Author receives 100% of the Royalties Profit for each wholesale print copy sold for which Meraki Media receives payment, minus shipping, handling and processing fees. Royalties profit is defined as the difference between the Base Price and the Wholesaler’s Price. Royalties will be computed every quarter and will be paid by check, two weeks after a quarter ends. The check will be mailed to the Author’s address as supplied by the author in this agreement. Checks not cashed by the Author within 90 days of issue will be cancelled by the bank and subject to a $25 administrative fee if the Author requests a replacement check. The author is responsible for maintaining a current address on file. Any royalty check which is returned as undeliverable due to an outdated address in the Author’s Center will be re-issued to the author within 90 days of the author’s request (administrative fees, defined herein, apply). Any royalties unclaimed after two years revert to Meraki Media.
The Author agrees to indemnify, defend and hold harmless Meraki Media, its employees, shareholders, directors, partners, representatives, successors and assigns of, from any and all manner of claims, liabilities, damages, losses, expenses (including attorney’s fees), awards, and judgments resulting from claims of third parties regarding ownership, libel, slander, plagiarism, privacy violations, copyright infringement, misappropriation, and similar claims arising from publication of the Work. Meraki Media may be represented in any proceeding by counsel of its choice; the Author may retain additional counsel at his or her own expense.
8. Terms of Exclusivity
This Agreement is nonexclusive; the Author retains the copyright for his Work and may enter into other publishing agreements. Either party has the option to terminate the Agreement at any time, with or without cause. If the Agreement is terminated by the Author prior to publication, publishing fees less any fees for pre or post publication services such as page layout or any add-on service already fulfilled, will be refunded (or applied against any outstanding amounts in the Author’s account.) If the Agreement is terminated by Meraki Media, all publishing fees will be refunded in full (or applied against any outstanding amounts in the Author’s account). Publication fees are defined as those fees directly associated with disk and/or paper manuscript submission. Fees related to other pre or post publication services, such as data entry, corrections, cover design, image processing, or book sales, are not refundable. Fees for the publication of subsequent editions of the Work are not refundable. If the Agreement is terminated by Meraki Media due to a breach of Agreement by Author, no fees shall be refunded.
9. Website Promotions
All notices to Meraki Media must be sent in writing to its office at 1317 Edgewater Dr. 1628 Orlando FL 32804 USA.
All notices to the Author shall be in writing to the address specified by the Author.
11. Complete Agreement
This written Contract contains the sole and entire Agreement between the parties and shall supersede any and all other prior agreements between the parties.
This Agreement may not be modified or amended except in writing signed by the party against whom such modification or amendment is sought to be enforced.