Publishing Agreement

Publishing Agreement

The author of the book, hereby understands & agrees to the following terms :

Taneesha Publishers is a self-publishing publisher, so all our services are chargeable. We are not committed to providing any kind of free service to the author, so the author must read the publication agreement carefully before publishing his book with us. In most of our plans, we are committed to make the author’s book available at major Indian online stores. If the author wants to sell his book in the international online market, then it is mandatory for the author to pay additional charge for it. Similarly, the author will have to pay additional charges for our other services like editing, proof reading, typing, special interior design, special cover, special character design, sketching, illustration, promotion services, copyright registration, book distribution in the international market.

The author is submitting the manuscript of a book or books in his/her own will to Taneesha Publishers for the purpose of pre-press activities, printing, distribution. Taneesha Publishers will print and bring into circulation, the manuscript being submitted by the author, within 30 days of the author’s payment getting cleared. The book is sent to press if there are no dues from the author. This will not include the time taken for the books to reach the author by post/ courier. In the rare case that the book is getting delayed to be published for reasons beyond one’s control – like unavailability of paper, flood, acute power crisis, festival holidays, strike of press workers, etc. Taneesha Publishers will keep the author informed by email/phone and will do their best to get the book published on time. The book can be published in 30 days if author approves book and book cover design for printing, within 1 week of getting the print-ready version of the book and cover design from us. If the author delays in approving the book for printing, the process may be delayed beyond 15-20 days. Does not include the time taken for typesetting and proofreading, if proofreading and/or typesetting are included, additional time would be required.

The author can expect the services from Taneesha Publishers that are listed in Taneesha Publishers website www.taneeshapublishers.in. If additional services not listed in the selected package are available on additional payment (add on).

The author certifies that this work (manuscript) is written solely by him, as maybe required under the Applicable Laws to fully protect Taneesha Publishers from any and all claims of infringement of Intellectual Property Rights by either such Author(s) or any other Person. The author certifies that the Works (as defined below) are free and clear of any instances of libel, defamation, plagiarism, copyrights violation, breach of privacy or misrepresentation of facts. If all the author’s claims are found to be incorrect, then the author will be responsible for it and those who claim will have to deal with themselves and their level. For which the publisher will have no responsibility.

The author also declares that the the pictures /images / illustration / abstract / clip art used on the book cover and interior pages have been made available by myself (Author). Therefore, if the images used violate the copyright of any person or institution, the author will be solely responsible for it, for which the author gives full consent and agree under publishing agreement. That is, the publisher will not have any responsibility for such matters in the present or future.

At the same time, if the author creates a special cover art or character illustration or story illustration for the book or any event illustration / drawing of the story from experienced publishers and graphic designers. In such a situation, the copyright right of the cover art or picture will remain with the author, because it is made specifically for the author on demand, for which the author is required to pay the charge fixed by the publisher.

Before sending the manuscript of the book for publication, the author also certifies that he/she has already read the publishing agreement carefully on the publisher’s website, and agrees to all the terms of this publishing agreement.

AUTHOR WARRANTIES

Author represents and warrants the following to Publisher:

(a) Author is the sole owner of the Work (this includes manuscript, pictures, images, drawings and any other materials submitted to Publisher) and has the full power, authority and right to enter into this Publishing Agreement.

(b) This Agreement does not conflict with any other contracts, understandings, or arrangements between the Author and any other person or entity.

(c) The Work is not in the public domain and is entirely original except for portions thereof for which legally effective written licenses or permissions have been secured.

(d) The Work as submitted, and its publication by Publisher, do not and will not violate or infringe upon any personal or proprietary rights, including without limitation copyrights, trademark rights, trade secret rights, contract rights, privacy rights, or publicity rights of any other persons and entities.

(e) The Work and all the rights in Work are free of liens, claims, interests or rights in others of any kind.

(f) Publisher shall not have any legal responsibility for Author’s Work.

(g) The Work is not defamatory or obscene, or in any other way illegal; and any recipes, formula, instructions, or recommendations contained in the Work are not and will not be injurious to any reader, user, or third person.

(h) All information submitted to Publisher is entirely accurate to the best knowledge of the Author.

(i) The author assures that his/her book is not among the follow mentioned categories of books. Taneesha Publishers does not print and distribute mentioned categories of books:

– Pornographic or obscene books.

– Books propagating the ideology of terrorist groups, anti-government in content or against the interest of the nation.

– Books containing personal attacks, allegations or hatred towards real person(s), organization(s) or communities, books containing legal case histories & solicitations of past, presently continuing or planned future litigation with real person(s), organization(s) or communities.

– Books that postulate, propagate or promote superstition and superstitious thinking, like astrology books, books on palmistry, feng shui, black magic, horoscopes, numerology, Vastu Shastra and other forms of magic remedies.

PAYMENT AND BILLING

The services at Taneesha Publishers’s website are paid services. When you choose a service or a product you will be charged for that product or service when you sign up for it. Author shall make all payments for the our all publishing plans or customized self publishing plans (Included with add on services) as per author requirement in 100% advance. Payments made by Author to Publisher are non-refundable, because once the publication work is started, it can not be cancelled by the author. Therefore, before publishing the book and signing the agreement, the writers must do the thinking and think. So that future troubles can be avoided.

The refund rules will follow the refund and cancellation policy for product and services as listed on our website. All payments need to be made to Taneesha Publishers via account payee bank draft only or pay through NEFT / RTGS, bank draft or directly deposit in the official bank account of Taneesha Publishers . Authors do not make any payment through any mediator. If the author pays any person or other, Taneesha Publishers will not be responsible in any way for this. Therefore, the writer should carefully make his payment by observing the bank account details on the official website of the publisher.

SUBMISSION GUIDELINES

Author shall follow all submissions procedures as reflected on Publisher’s website or by e-mail. The author will send his manuscript to the e-mail shown on the publisher’s website. Also, note that if the author sends the manuscript through another mediator, or sends it to another e-mail in error, the publisher will have no responsibility if the author’s manuscript is misused. The author himself will be responsible for this negligence. If the publisher feels that the author’s manuscript is not eligible for publication, the publisher will have the right to refuse to publish the author’s manuscript. The decision of the publisher regarding the author’s manuscript will be acceptable, for which the publisher will not require any response to the author.

COPYRIGHT

The copyright and all necessary rights of the author’s published book will remain with the author. The Author gives the publisher the consent / permission / rights to print and publish the work as per the publishing agreement. The author of the book, or his/her nominated family member will be the copyright holder of the book. The author can sell movie rights for this book to any filmmaker or movie producer any time without having to take permission of Taneesha Publishers, Because the publisher has printed, published and distributed the book according to the publication agreement with the author. Therefore, Taneesha Publishers will never interfere in this matter. It is a matter of the writer’s own profit or loss. The author can get this book translated in any other language and publish translated version of this book in the same country without seeking permission of Taneesha Publishers.

DISTRIBUTION OF BOOKS

Books will be made available for sale at all partner book stores within four weeks of printing. The author’s book will be available for sale at the Amazon and Flipkart.

PRICE OF BOOK

The retail price should follow generally accepted publishing industry guidelines. The publisher suggests a minimum sale price to the author, after which the author can determine his book’s maximum selling price as per his wishes. Therefore, the maximum selling price of the book will be kept as per the wishes and approval of the author. If there is any loss due to this sale price, that loss will be borne by the author. For which the author fully agrees and he has no objection to this.

AUTHOR’S COPIES

Author copies will be given as per the publication plan. For which no postal / courier charges will be taken from the author. Additional author copies will be provide at subsidized price cost and courier / postal charges are applicable. (Not Applicable for eBooks / Digital Format).

SELLING RIGHT OF AUTHOR

As the cost of printing and publishing is beard by author solely, so he or she has full authority and right to sell independently all the copies given to him or her as free copies or paid copies on behalf of publisher.

ROYALTY PAYMENTS

Royalty will be given (10%) eight percent of the maximum selling price to the author on the sale of each book by the publisher. No royalty shall be paid to copies sold to the Author. Publisher shall pay Author all royalties earned, on a quarterly basis, within thirty (40) days after the end of each calendar quarter in which the Author earned a royalty. Payment of royalties to the author will be done by check or NEFT / RTGS.

Royalty payment deadline by Taneesha Publishers is as follows- January – March royalty payment within 40 days after the end of March month, April – June royalty payment within 40 days after the end of June month, July – September Royalty payment will be made within 40 days after the end of September month, Royalty payment for October – December will be made within 40 days after the end of December month.

STATEMENTS / REPORTS

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 details. Reports and payments shall be delivered to the Author by the Publisher no later than the final business day of each calendar quarterly on an ongoing basis. The reports will be delivered to Author electronically via Excel, pdf document or text file.

Also, note that if the author’s book is not sold in any quarter, then the sales statement or any other type of e-mail or message will not be sent to the author about that quarter. That is, any sales report / statement or any type of e-mail or message related to the same quarter will be sent to the author, if the author’s books will be sold in that quarter (even if a single book is sold).

The author must respect the Sales report of Taneesha Publishers. Because, too, sales reports are sent to us by our respectable distributors, retail sellers. For which we also have to rely on the sales report provided by them. You will also have to believe that there is faith, only then you can work, if you do not believe then you can not do anything. If you are unable to believe the sales report sent by us then you can order the total books published according to your package / balance inventory. After this, we will also be removing the sale of all your books from the partner stores. But keep in mind that no refund will be made for you, because we have provided you all the services for your payment.

Often we notice that relatives and friends of the author buy the book from online online marketplace (Amazon and Flipkart or Publisher’s Official Online Store) and send a screenshot of its bill or order to the author for satisfaction. But after some time some people cancel the order. Any claim regarding such screenshots will not be acceptable. Because the publisher accepts the claim of such orders, which were received from online marketplace (Amazon and Flipkart or Publisher’s Official Online Store) after verification. That is, when online marketplace (Amazon and Flipkart or Publisher’s Official Online Store) takes an order from the customer and sends it to the publisher and the publisher packs the customer’s order and handover it to online marketplace (Amazon and Flipkart or Publisher’s Official Online Store), this order will be valid. No payment of royalty or claim will be accepted on cancel order. As per the privacy policy of the online marketplace (Amazon and Flipkart or Publisher’s Official Online Store), we cannot share buyers’ names, addresses or other information with any author. Therefore royalty will not be determined on the basis of screenshots related to any kind of order sent by the author or relatives and friends of the author. Nor is it possible to calculate total sales based on order-related screenshots. That is, the royalty will be based on the number of actual books sold by the publisher and publisher’s partner eCommerce store.

GUARANTEE OF SALE

Taneesha Publishers do not guarantee the sale of the author’s book, because We can not control the subjective purchasing decisions of consumers or booksellers. We cannot and do not guarantee sales of the work. We make no guarantees or promises as to the minimum success of the services or the amount of book sales which may result from any or all of the services.

Therefore, If the author’s book is not sold then there is no responsibility for Taneesha Publishers. According to another fact, online store such as Flipkart, Amazon, also do not give any guarantee of sales to the publisher. So, for which the authors will never make any claim on the Taneesha Publishers in the future and present. The author’s attention is again drawn to the fact that if the author’s book is not sold, then the publisher will have no responsibility in it, because the publisher is merely providing services to the author. Publisher author books will be made available for sale only on india’s leading online stores, such as Flipkart, Amazon.

PROMOTION

Taneesha Publishers is a self-publishing publisher, so all the services we operate are paid, that is, all the services we operate are not free. As per the publication agreement Taneesha Publishers will not be promoted on Google, Facebook, Flipkart, Amazon or any other platform for any author, as it is charged by Google, Facebook Amazon or Flipkart. Promotion services are add-on service, the author can take advantage of this by paying a charge. Promotion charge is not included in all the book publishing schemes we run, ie Taneesha Publishers is committed to make the author’s book available on major Indian online marketplaces such as Amazon and Flipkart. For any type of promotion services, the author has to pay an additional charge. The publisher does not in any way guarantee that the book will remain best selling after the promotion charge.

TERM OF AGREEMENT

Subject to earlier termination in accordance with Agreement. The agreement shall be valid for a period of one to five 5 years from the Effective Date. After the Agreement expires, the publisher will stop the sale by distributors. The Author and Publisher may renew this Agreement in writing on mutually agreed terms and conditions for a further period of one or two years.

If the agreement expires, and the author does not want to renew the agreement, but the publisher already has a printed book in Stoke. In such a situation the author can pay for the remaining books in the stock and get them. If the author does not pay for the remaining books in the stock, the publisher can recover his loss by selling the remaining books in the stock at a discounted price. For which the author will have no objection nor will the author lay any claim on the publisher.

MODIFICATION OF AGREEMENT

The publisher reserves the modification right that the publisher may modify any rule or part of the publishing agreement from time to time or add a new rule or part as per time / condition. Any changes or updates to the publishing agreement will be published on the publisher’s official website at https://www.taneeshapublishers.in/publishing-agreement/. Notice of any new updates will be provided to the author by e-mail or official Authors WhatsApp group. The new updated publishing agreement published on the official website of the publisher will be deemed to be automatically effective on all old publishing agreements (publishing agreements with previously published authors). The author agrees that any new updates to the publishing agreement in the future will be accepted or accepted by the any new updated agreement published on the publisher’s official website of the publisher. It will be automatically acceptable for the new / old author and the author to continue self-publishing services or to be connected with the publication, the updated publishing agreement published on the official website.

At the same time, the author also agrees that if the author does not agree to the newly updated publishing agreement published on the publisher’s official website, the author may stop using the services and products. In such a situation, the publisher may terminate this publishing agreement immediately and the publisher will not be entitled to give any kind of refund or money to the author. Rather, The author will be required to pay for the remaining books in the inventory according to the publishing agreement, so that the remaining books can be delivered to the author in a timely manner. If no objections are made by the author after receiving the updated publishing agreement published on the publisher’s official website, then that agreement will be considered as ‘accepted’. In such a situation the publication or other services of the author will continue smoothly.

CONFIDENTIALITY

Both Parties (Publisher and Author) agree to not disclose Confidential Information to any third party except with the prior written consent of the other Party. Both the Parties undertake not to divulge or communicate to any Person (unless required by Applicable Law) or use or exploit for any purpose whatsoever, any Confidential Information which any Party may receive or obtain as a result of entering into this Agreement. This obligation and restriction on both the Parties shall continue to apply for a period of one years after the termination or expiry or early determination of this Agreement.

INDEMNIFICATION

Author agrees to fully indemnify, defend and hold harmless Publisher and its affiliates from and against any losses, lost profits, damages, liabilities, judgments, awards, decrees, settlements, or expenses (including without limitation, reasonable attorney’s fees and court costs) arising from, connected with, or by reason of any breach or alleged breach of any of the representations and warranties set forth above, but the Author shall not be liable for any matter inserted in the Work by Publisher or its licensees. All warranties and indemnifications made by the Author herein shall survive termination of this Publishing Agreement or any license under this Agreement.

“Affiliates” means owners, shareholders, officers, directors, employees, parents, subsidiaries, affiliated companies, licensees, distributors, advertisers, Internet service providers, attorneys, and accountants and any other person or entity to whom Publisher extends its license or warranties to in connection with the production, dissemination, transmission, promotion, publication, or distribution of the Work or the exercise of any rights in the Work or derived from the Work.

ARBITRATION

Any disputes arising out of or relating to any agreement related to this agreement or rights or obligations of the parties here under shall be referred to under the provisions of the Indian Arbitration and Conciliation Act, 1996. The arbitration panel comprises three arbitrators, of which each Party appointed one arbitrator and the two arbitrators appointed as the third arbitrator (“Arbitration Panel”). The arbitration will be done in Udham Singh Nagar, Rudrapur, Uttarakhand. The award of the arbitration panel will be final and binding on the Parties. The liability to pay the costs of the arbitration will be decided by the arbitration panel.

GENERAL PROVISIONS

This Agreement shall be governed by the laws of the Udham Singh Nagar, Rudrapur, Uttarakhand and all parties consent to venue and jurisdiction in the courts of the Udham Singh Nagar, Rudrapur, Uttarakhand to adjudicate any and all claims arising out of this Publishing Agreement.

Any dispute or disagreement arising under this Agreement, or any matter incidental thereto shall be submitted to a sole Arbitrator to be nominated by Taneesha Publishers. Such arbitration proceedings shall take place in Udham Singh Nagar, Rudrapur, Uttarakhand, India, subject to the jurisdiction of the local courts in Udham Singh Nagar, Rudrapur, Uttarakhand, India, under the Arbitration and Conciliation Act of 1996.