These Terms and Conditions govern your use of our services, including book writing, editing, publishing, and marketing. By accessing and using our services, you agree to comply with and be bound by the following terms and conditions.
The purpose of these Terms and Conditions is to outline the legal obligations, responsibilities, and rights of both American Publishings (referred to as "the Company" or "we" or "us") and our clients (referred to as "the Client" or "you" or "your"). These terms establish the framework within which our services are provided and ensure clarity and transparency in our business relationships.
These Terms and Conditions apply to all services offered by American Publishings, including but not limited to book writing, editing, publishing, and marketing. They govern the contractual relationship between the Company and the Client from the initial engagement to the completion of services. These terms apply to all clients, regardless of the size or nature of the project.
By engaging American Publishings for any of our services, you, the Client, acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these terms, you should not use our services. Your continued use of our services constitutes your acceptance of these terms.
American Publishings reserves the right to amend these Terms and Conditions at any time. Any changes will be effective immediately upon posting on our website or through direct communication with the Client. It is the Client's responsibility to review the terms periodically to ensure they are aware of any updates. Continued use of our services after any such amendments signifies your acceptance of the updated terms.
To ensure clarity and avoid misunderstandings, the following terms used in these Terms and Conditions are defined as follows:
"Company" refers to American Publishings, including all its affiliates, employees, contractors, and representatives. American Publishings is the entity providing the services as described in these Terms and Conditions.
"Services" refer to the professional activities and tasks performed by American Publishings, which include but are not limited to:
"Client" refers to any individual, company, or organization that engages the services of American Publishings. The Client is responsible for providing necessary information, making payments, and adhering to the obligations outlined in these Terms and Conditions.
"Contract" refers to the legally binding agreement between the Company and the Client, constituted by these Terms and Conditions, any additional terms agreed upon by both parties, and any related documentation (such as project briefs, service agreements, and invoices). The Contract defines the scope of work, responsibilities, and expectations for both parties.
"Intellectual Property" includes all creations of the mind developed by the Company in the course of providing Services to the Client. This encompasses but is not limited to, written content, designs, methodologies, and any proprietary information or materials produced. Intellectual Property rights are subject to the ownership and usage terms detailed in Section 6 of these Terms and Conditions.
"Confidential Information" refers to any non-public information disclosed by either the Company or the Client in the course of their business relationship. This includes, but is not limited to:
Confidential Information must be protected and not disclosed to unauthorized third parties, as further elaborated in Section 7 of these Terms and Conditions.
American Publishings offers a comprehensive range of services designed to support authors and clients in the creation, refinement, and promotion of their written works. Our services include:
Our book writing service provides clients with professional writing assistance to bring their ideas to life. This includes:
Our editing services ensure that the Client's written work meets high standards of quality and readability. This includes:
We assist clients through the entire publishing process, ensuring their book is professionally produced and distributed. This includes:
Our marketing services help authors promote their work and reach their target audience. This includes:
Services will be delivered through various methods depending on the nature of the project. This includes:
The delivery timeline for each service will be agreed upon at the start of the project. This timeline will be influenced by factors such as the complexity of the project, the scope of services requested, and the promptness of the Client in providing necessary information and approvals.
Client approval is a crucial part of our service delivery. Key stages requiring Client approval include:
Clients may request changes or modifications to the agreed-upon services at any time. Such requests should be communicated in writing. Depending on the nature and extent of the changes, additional costs and adjustments to the timeline may apply. The Company will provide a revised estimate and obtain Client approval before proceeding with the modifications.
AmericanPublishings reserves the right to make necessary adjustments to the services provided in response to unforeseen circumstances, technical requirements, or to enhance the quality of the final product. Any significant changes will be communicated to the Client in advance, and their consent will be sought for substantial alterations that may affect the project scope, timeline, or cost.
To ensure a smooth and successful collaboration, clients engaging the services of American Publishings are required to fulfill certain obligations. These obligations help maintain clarity, timeliness, and compliance throughout the project.
Clients must provide all necessary information and materials required for the successful completion of the services. This includes:
Clients are responsible for ensuring that all information provided to American Publishings is accurate, complete, and up-to-date. This includes but is not limited to:
Providing accurate information is essential for delivering high-quality services and avoiding delays or misunderstandings.
Clients must provide required information in a timely manner, adhering to any agreed-upon deadlines. Delays in providing necessary information can impact the project timeline and overall delivery of services. Prompt communication and responsiveness are crucial to maintaining the agreed schedule.
Clients must ensure that all materials, information, and directives provided to American Publishings comply with applicable laws and regulations. This includes but is not limited to:
Clients are responsible for obtaining any necessary permissions or rights related to the materials provided for use in the project.
Clients are required to adhere to the payment terms agreed upon at the start of the project. This includes understanding and complying with the following:
American Publishings accepts various payment methods to facilitate transactions. Accepted methods include:
Clients must choose a suitable payment method and ensure that payments are made securely and correctly.
All payments must be made by the specified due dates outlined in the contract or invoices. This typically includes:
Timely payments are essential for the uninterrupted continuation and completion of services.
In the event of late payments, American Publishings reserves the right to charge late fees. These fees are intended to compensate for the administrative costs and potential delays caused by late payments. Specifics regarding late fees include:
Clients will be informed of any late fees applied, and prompt payment is encouraged to avoid additional charges and disruptions.
American Publishings is committed to transparent and fair pricing for all our services. The following sections outline the structure of our fees, the payment schedule, and policies regarding late payments, refunds, and cancellations.
Service fees are the costs associated with the specific services provided by American Publishings. These fees are determined based on the scope and complexity of the project and may include:
Detailed fee estimates will be provided to the Client prior to the commencement of the project.
In addition to the primary service fees, there may be additional costs that arise during the course of the project. These may include:
Clients will be informed of any additional costs in advance, and their approval will be sought before incurring these expenses.
An initial deposit is required before the commencement of any project. This deposit is typically a percentage of the total estimated fee and serves to secure the Client's commitment to the project. The deposit amount and due date will be specified in the project contract.
For larger projects, payments may be divided into milestones. Milestone payments are due at specific stages of the project, as agreed upon in the contract. These stages may include:
The final payment is due upon completion of the project and approval of the final deliverables by the Client. This payment must be received before the final product is delivered or published
If payments are not received by the due dates specified in the contract, American Publishings reserves the right to charge interest on the overdue amount. The interest rate and calculation method will be outlined in the project contract. Interest charges are intended to compensate for the administrative burden and potential delays caused by late payments.
In the event of continued non-payment, American Publishings may suspend services until the outstanding amounts are settled. Clients will be notified in advance of any service suspensions, and efforts will be made to resolve payment issues promptly to minimize disruption.
Refunds will be considered on a case-by-case basis. Generally, refunds may be issued in the following situations:
Refund requests must be submitted in writing, and any approved refunds will be processed within a specified time frame.
Clients may cancel their project at any time by providing written notice to American Publishings. The following terms apply to cancellations:
Upon cancellation of a project:
Intellectual property rights are an essential aspect of the services provided by American Publishings. This section outlines the ownership, transfer, and usage rights related to the work created, as well as the responsibilities concerning third-party materials.
Upon full payment for the services rendered, American Publishings will transfer all rights, title, and interest in the final work product to the Client. This transfer includes:
This transfer of rights ensures that the Client has full ownership and control over the final product, allowing them to use it as they see fit.
While the final work product's rights are transferred to the Client, American Publishings retains certain rights:
These retained rights allow American Publishings to promote its services while respecting the Client's ownership of the final product.
In cases where the transfer of full ownership is not applicable, American Publishings may grant the Client a license to use the work. The scope of this license will be defined in the contract and may include:
The scope of the license will be tailored to the specific needs and agreements of each project.
The duration of the license granted to the Client will be specified in the contract. This can include:
These terms ensure that the Client's usage rights are clearly defined and agreed upon from the outset.
In the course of providing services, it may be necessary to use third-party materials, such as images, text, or software. American Publishings will ensure that:
This ensures that all third-party materials are used legally and ethically.
The Client is responsible for any third-party materials they provide to American Publishings. This includes:
Clients must ensure that all materials they provide comply with applicable laws and do not infringe on the rights of third parties.
Confidentiality is crucial in maintaining trust and protecting sensitive information shared between American Publishings and its clients. This section outlines the definitions, obligations, and exceptions related to confidentiality.
Confidential Information refers to any non-public information disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party") that is designated as confidential, or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure. This includes but is not limited to:
Both parties have a duty to protect Confidential Information from unauthorized use and disclosure. These obligations include:
The Receiving Party agrees to:
The Receiving Party agrees to use Confidential Information solely for the purpose of performing obligations under the contract. The Receiving Party shall not use Confidential Information for any other purpose, including for its own benefit or the benefit of any third party, without the prior written consent of the Disclosing Party.
Certain circumstances may permit the disclosure of Confidential Information without violating confidentiality obligations. These exceptions include:
Confidential Information does not include information that:
The Receiving Party may disclose Confidential Information if required to do so by law, regulation, or court order, provided that the Receiving Party:
The Receiving Party may disclose Confidential Information to third parties with the prior written consent of the Disclosing Party. In such cases:
American Publishings reserves the right to terminate the agreement with the Client immediately upon written notice if the Client breaches any of the terms and conditions outlined in this document. Breach of terms includes, but is not limited to, failure to make timely payments, providing false or misleading information, or using the Services in a manner that is unlawful or harmful to the Company or its reputation. Upon such termination, the Client shall be liable for any outstanding payments and any damages resulting from the breach.
American Publishings may terminate the agreement with the Client immediately upon written notice if the Client becomes insolvent, files for bankruptcy, or is subject to any proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors. In such cases, the Company shall have no further obligation to provide Services, and any outstanding payments for Services rendered up to the date of termination shall become immediately due and payable.
The Client may terminate the agreement with American Publishings by providing written notice at least 30 days prior to the desired termination date. The notice should clearly state the reason for termination and the desired termination date. Termination by the Client will not affect the Client's obligation to pay for Services rendered up to the termination date.
Upon termination by the Client, eligibility for refunds will be determined based on the progress of the Services at the time of termination. If the Services have been substantially completed, the Client may not be entitled to a refund. For Services not yet started or partially completed, the Company may issue a pro-rata refund for the uncompleted portion, less any non-refundable deposits or fees incurred.
Upon termination of the agreement, each party shall promptly return or destroy all Confidential Information and materials belonging to the other party, as requested. The Client shall return any materials, documents, or content provided by American Publishings in connection with the Services. Likewise, American Publishings shall return or destroy any content or materials provided by the Client unless otherwise agreed in writing.
Upon termination of the agreement, the Client shall be responsible for the payment of any outstanding fees for Services rendered up to the termination date. This includes any additional costs incurred by the Company as a result of the termination. The Client agrees to settle all final payment obligations within 14 days of receiving the final invoice from American Publishings. Failure to make the final payment may result in legal action and additional charges for collection efforts.
American Publishings makes no warranties or guarantees regarding the results or outcomes that may be achieved through the use of its Services.
American Publishings may utilize third-party services or resources in the course of providing its Services. The Company makes no representations or warranties regarding the accuracy, reliability, or quality of any third-party services used or recommended by the Company. American Publishings is not responsible for any issues or liabilities arising from third-party services, including but not limited to delays, errors, or omissions. Clients agree to hold American Publishings harmless from any claims related to third-party services.
In no event shall American Publishings be liable for any direct damages exceeding the total amount paid by the Client for the specific Service giving rise to the claim. This limitation applies regardless of the form or basis of the claim or action, whether in contract, tort, or any other legal theory. Clients acknowledge and agree that this limitation of liability is a reasonable allocation of risk and is a fundamental element of the basis of the bargain between the Client and American Publishings.
American Publishings shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, or business opportunities arising out of or related to the use of, or inability to use, the Services, even if the Company has been advised of the possibility of such damages. This exclusion applies regardless of the form or basis of the claim or action, whether in contract, tort, or any other legal theory.
The Client agrees to indemnify, defend, and hold harmless American Publishings, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to: (a) the Client's use of the Services; (b) any breach by the Client of these Terms; (c) any violation by the Client of any applicable law, regulation, or third-party rights; and (d) any content or materials provided by the Client for use in connection with the Services.
American Publishings agrees to indemnify, defend, and hold harmless the Client from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to: (a) any breach by the Company of these Terms; (b) any violation by the Company of any applicable law, regulation, or third-party rights; and (c) any gross negligence or willful misconduct by the Company in the provision of the Services.
These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the jurisdiction in which American Publishings is registered, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
In the event of any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiations within 30 days, the parties agree to submit the dispute to binding arbitration. The arbitration shall be conducted in accordance with the rules of the arbitration institution agreed upon by both parties. If the parties cannot agree on an arbitration institution, the arbitration shall be conducted under the rules of the American Arbitration Association (AAA).
The arbitration shall take place in the jurisdiction where American Publishings is registered, and the proceedings shall be conducted in English. The arbitral tribunal shall consist of a single arbitrator appointed by mutual agreement of the parties. If the parties cannot agree on an arbitrator, the arbitration institution shall appoint one.
The decision of the arbitrator shall be final and binding on both parties, and the arbitrator's award may be entered as a judgment in any court of competent jurisdiction. The parties agree to abide by and perform any award rendered by the arbitrator. The costs of arbitration, including the fees of the arbitrator, shall be borne equally by the parties unless otherwise awarded by the arbitrator. Each party shall bear its own legal fees and expenses incurred in connection with the arbitration.
Subject to the arbitration clause above, the parties agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of the jurisdiction where American Publishings is registered. The parties hereby consent to the personal jurisdiction and venue of such courts and waive any objections to the convenience of this forum. Nothing in this section shall limit the right of American Publishings to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
Amendment provisions outline the process for making changes to the terms and conditions of the contract between American Publishings and its clients. This section details the rights of both parties to propose amendments and the procedures for notifying and implementing such changes.
American Publishings reserves the right to propose amendments to the terms and conditions of the contract. This right may be exercised for various reasons, including but not limited to:
The Client also has the right to propose amendments to the contract if they deem it necessary or desirable. This may include requests for modifications to better align with their needs, preferences, or changing circumstances.
If either party wishes to propose amendments to the contract, they must do so in writing. The proposed amendments should clearly outline the proposed changes and the rationale behind them. The party proposing the amendments should provide sufficient justification and explanation to facilitate understanding and consideration by the other party.
Upon receipt of proposed amendments, both parties will review the proposed changes and engage in good-faith negotiations to reach a mutual agreement. This may involve discussions, clarifications, and any necessary revisions to the proposed amendments.
Once both parties have reached agreement on the proposed amendments, the amended contract will be documented in writing and signed by authorized representatives of both parties. The amended contract will then supersede and replace any previous versions, and the updated terms and conditions will come into effect as specified in the amended contract.
Both parties are responsible for ensuring that any concerned parties, such as employees, agents, or subcontractors, are notified of the amendments and are provided with updated copies of the contract as necessary. This ensures that all relevant stakeholders are aware of and bound by the updated terms and conditions.
The effective date of the amendments will be specified in the amended contract. This may be the date of mutual agreement, a specified future date, or as otherwise agreed upon by both parties. The amended terms and conditions will take effect from the effective date onward.
Miscellaneous provisions cover various aspects of the contractual relationship between American Publishings and its clients that may not fit into other specific sections. These provisions address matters such as the entire agreement, severability, waiver, and assignment.
The entire agreement provision establishes that the contract, along with any appendices, schedules, or attachments, constitutes the entire understanding between American Publishings and the Client concerning the subject matter of the contract. This provision ensures that all relevant terms and conditions are documented within the contract itself, and any prior agreements or understandings are superseded and replaced by the contract.
The severability provision states that if any provision of the contract is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the contract without affecting the validity, legality, or enforceability of the remaining provisions. This ensures that the contract remains enforceable to the fullest extent possible, even if certain provisions are deemed invalid.
The remainder of the agreement provision clarifies that the remaining provisions of the contract shall continue in full force and effect, unaffected by the severance of any invalid, illegal, or unenforceable provision. This provision helps preserve the integrity and enforceability of the contract as a whole.
The failure to enforce a provision states that the failure by either party to enforce any provision of the contract shall not constitute a waiver of that provision or any other provision. This means that a party's failure to enforce its rights under the contract in a particular instance does not prevent it from enforcing those rights in the future.
The written waiver provision specifies that any waiver of a provision of the contract must be in writing and signed by the party granting the waiver. This ensures that waivers are clear, explicit, and documented, preventing misunderstandings or disputes regarding the parties' intentions.
The assignment provision states that American Publishings may assign its rights and obligations under the contract to a third party without the Client's consent. This allows American Publishings to transfer its contractual obligations in the event of a merger, acquisition, or other corporate restructuring.
The assignment provision also grants the Client the right to assign its rights and obligations under the contract to a third party with American Publishings prior written consent. This ensures that any assignment by the Client is subject to American Publishings's approval to protect its interests and ensure the continuity of services.
Clients may contact American Publishings for any inquiries, requests, or support related to the Services. The Company's contact details are as follows:
Please ensure that any correspondence includes relevant details such as your name, contact information, and a brief description of your inquiry or issue to facilitate a prompt and effective response.
Our support team is available to assist you during the following hours:
Please note that response times may vary depending on the volume of inquiries and the nature of your request. We strive to respond to all inquiries within 24-48 hours during business days.