Book cover design and book layout design services

Dear Author,
Congratulations for taking the final step to becoming an internationally published author! Our objective is to ensure your book is published professionally as possible, and be something you’d be proud of showing to your friends, family, readers and clients. So that you have a more enjoyable experience publishing your book, please read the ‘Mutual Understanding Agreement’ and the ‘Terms and Conditions’ below.

We will hold off on processing your order until we receive confirmation that you have read, understand and agree to both the Mutual Understanding Agreement and the Terms and Conditions. This is to ensure you have the right expectations when engaging our services as we aim for 100% customer satisfaction with our service.

We look forward to partner with you in this exciting journey of publishing your book.
To Your Success,

The Bookpal Team

This agreement is to help the author’s job run as smooth as possible. As authors would understand, Bookpal has many jobs running simultaneously in their production department and Bookpal wants to ensure that they provide a great service for each job. Below is a Mutual Understanding Agreement that acts as a communication outline between the author and Bookpal.

Mutual Understanding Agreement Between Bookpal Australia Pty Ltd and Author

For the Author:
You, the author, acknowledge the following arrangement below:

The speed Bookpal can deliver your jobs will be largely dependent on how fast you respond to approve various tasks and provide us with information on your Online Bookpal Account. All information must be provided in the correct file format for each stage to run smoothly.
To start your book process, you agree to log into your Online Bookpal Account using your username and password. Having logged into your account, you agree to fill out all the relevant information that Bookpal needs to process your job.
For the processing of your Content file, you agree to only provide MS Word files to Bookpal. Files in other formats are not accepted by Bookpal, as our team cannot process other formats.
As Murphy’s Law might occur in any given job, Bookpal strongly advises authors NOT to pre-schedule any book launches or events in relation to the book. You, agree that it is wise to wait til Bookpal completes your job before planning for such events.
However, should you ignore Bookpal’s advice and pre-scheduled an event or book launch before Bookpal even completes your job order, Bookpal will not be forced to do a ‘rush’ job. Bookpal strongly recommends that each stage is completed in a step-by-step manner. A rushed job will only result in disarray and possible errors in your job.
When dealing with problems and issues, communication is dealt in a civilised manner. You understand Bookpal has zero tolerance policy towards any verbal or written abuse and threats at any of its staff or employees. Bookpal reserve the right to cancel publication of your book should such an instance be reported to the management.
All work done on behalf of the author, its intellectual property, designs and marketing will belong to Bookpal and/or its associated entities if there is a refund that is given to the author.
If there are any queries to be made, it will be made via email to customers@bookpal.com.au and a response will be given to you by the next business day. If we do not respond within 2 business days, you may then call us on the phone.
Bookpal will provide you with a weekly update on your job via email or phone, however you agree non-compliance on this matter is not considered a breach of contract.
Bookpal can provide an estimate on job completion times but makes no guarantees or warranties that jobs will be completed exactly on time as there are too many variables involved in the production process.
You will ensure that all necessary changes to the book will be completed prior to getting a mockup/proof copy of your book.
You understand that Bookpal does not do colour matching of book covers to the colour on your computers screen. This is impossible due to the variables between RGB computer monitor and CMYK printing colour bases.
You understand that Bookpal’s global distribution system (GBIS) only allows for the distribution of portrait-oriented books. We cannot distribute landscape-oriented books.
Bookpal can only publish and distribute paperback books. Bookpal does not process any hardcover books. All of Bookpal’s paperback books meet commercial standards and are accepted by bookstore chains.
The mockup/proof copy of the book sent to you will be the exact final printed copy of the book, without the binding and cello-glazing of the cover. Once you have approved this mockup/proof copy there can be no further amendments made to the file.
However, if there are new changes required to your book file AFTER the printing of your book mockup/proof, you acknowledge extra fees might likely be applied as there are costs for Bookpal to make these changes and for printing a compulsory NEW mockup/proof copy of your book.
You understand that your job will not be processed until a mock up has been approved.
You acknowledge slight creasing on the book spine cover may occur on thicker books.
All press releases distributed will have a tagline about Bookpal Australia as your publisher. This will not be omitted from the press release.
You understand Bookpal does not provide any guarantee that journalists will publish your story after receiving your press release.
You understand that while Bookpal makes your books available in Bookstores in the US, Canada, UK, and Australia, we do not guarantee that any bookstore will place orders for your book, nor do we make any guarantees your book will be purchased by anyone in any quantities.
Bookpal does not provide a list of all the bookstores that your book is made available in, however we can provide a sample list of bookstores upon request.
Bookpal will not be held liable for any personal loss or liabilities as a result of your purchase of our publishing packages for whatever reason.
You assure us that no copyright infringement has been breached to the best of your knowledge in writing your book.
If your book contains names or actual people or events implicating certain persons, you could be held liable for defamation charges by the people you have mentioned in your book. The responsibility lies with the author to prevent the publication of such content, and you agree to release Bookpal from any liability or damages resulting from the publication of such content in your book.
You understand that as part of our Global Distribution system, various websites such as Amazon and Google Books may show excerpts of your book to the degree permissible by law. Bookpal has no control over which parts of the book are shown in that regard.
You understand that Bookpal does not deal with 3rd party distributors. Should you wish to do this we suggest you purchase our book printing packs instead of our publishing packs.
You have read, understand and agree to all the terms and conditions listed below.

Bookpal’s promise to you as your publisher:

We aim for 100% customer satisfaction in our product delivery, hence we are providing you with a no questions asked, 100% money-back guarantee if during the process of publishing, you are unsatisfied with our services. Should we provide you with a refund, all intellectual property, including the cover and layout design, ISBN, and any books printed will remain the property of Bookpal.
Bookpal will withdraw the money-back guarantee upon the author approving the mock-up, as will be deemed that the author is satisfied with Bookpal’s services.
We guarantee to deliver the publishing services to you as described in our product page in the specified quality and quantities.
We will endeavour to update you weekly via phone or email on the progress of your job until your job is completed.
We will endeavour to respond to your email enquiries by the next business day.
If we misprint any of your books or there is a significant quality defect with your book, we will reprint them at no cost to you, or refund you for your print cost.
We will recommend other services and products to you in an unbiased manner should they arise to help you market your book.
All royalties/commissions will be calculated quarterly and payments made by the 60th day at the end of each quarter as we need to wait for the finalisation of all overseas sales. We will notify you should there be any delays beyond 60 days each quarter.
We guarantee all of our book designs to be unique and personalised, however we do not guarantee that certain stock images we use are not used by others in their works.
We endeavour to perform all aspects of your job with excellence, while at times human errors cannot be prevented with some aspects of your job, we will fix them at no additional cost to you.
We look forward to a happy experience publishing your book, and to earn your trust, respect and friendship so that you will refer your friends, family and associates to us.

Email: info@bookpal.com.au or call 1300 769 998
Fax: 07-3276 8207

Terms and Conditions

Bookpal.com.au Contract with Self Publishers/Authors

INTRODUCTION

A. BookPal* (hereinafter “we” or “us” ) is engaged in the business of providing services and products to authors seeking to publish, promote, and sell their manuscripts or other digital content (“Works”) to which they own the copyright, through our website or affiliated website services link to our website (the “Site”).

B. You desire to utilize our Site to facilitate the exchange of the information contained in the Works. Our Site will enable you to publish your Work, and allow other people to purchase the Work in traditional printed formats.

C. Additionally, we will sell to you certain additional services, including, formatting, copy editing, proofing, printing, selling, distribution services and other services in connection with the publication and distribution of the Work through our Site made available by us from time to time and selected by you (the “Services”).

D. The following terms and conditions (the “Terms and Conditions”) shall apply to your use of the Site to publish and distribute your Work, and the performance of the Services selected by you. By using our Site, you acknowledge and agree that these Terms and Conditions constitute a binding, legal agreement between you and us and are part of each Service offered by us and purchased by you.

1. AGREEMENTS

1.1 In order to publish your Work or purchase other content on our Site, you will need to create an account. When you register for an account, we will ask for your first and last name and electronic mail (email) address. You will then be asked to select a User ID and Password. Prior to publication of the Works, you will provide us with home address, country, and language preference. You are solely responsible in all respects for:

(a) all use of the Site made using your User ID and Password, and

(b) maintaining the confidentiality of your User ID and Password. Only one individual may access the Site at

the same time using the same User ID and Password. You agree to notify us immediately of any unauthorized use of your e-mail address, User ID or Password or any other breach of security regarding the Site of which you are aware. We may refuse to grant you a User ID or Password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for any other reason.

During the publishing stage, you also have the opportunity to establish the pricing for your Work based upon the pricing and royalty options set forth in Section 5 of these Terms and Conditions. At any time after registration, you will have the opportunity to opt-in to news and updates from us. If you choose to opt-in, we may send you e-mail communications such as newsletters and other information from us. Whether or not you opt-in to news and updates from us, there are still certain types of email communications you will receive from us. These communications include Site-critical announcements, information regarding the Services offered by us, changes to our Terms and Conditions, and any other communication that is necessary for all of our Site users to receive.

When you place an order for delivery on our Site, we will ask for the name, shipping address, and phone number where you would like to receive your package. This information is used for the purpose of shipping your order. We will have to share your name and address with our shipping partners in order to complete the shipment, but our shipping partners are not permitted to use your information for any other purpose. At the next step of the ordering process, we will ask for your payment information and billing address. We will ask for your credit card number, card security code, and expiration date. This information is processed through the payment gateway of eWay, an approved gateway by Australian banks, for the purpose of completing your transaction.

1.2 As the author and creator of the Work, you are solely responsible for any Work you upload to our Site. Each author of a Work approves of the visual presentation and content of each item and bears responsibility for its quality and presentation. Our staff does not monitor or check individual Works prior to publication through our Site. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold us responsible for any inadvertent damage to, corruption of or destruction of the Work. We are not responsible for backing up the Work or otherwise storing the Work you upload to the Site. You are responsible for backing up, on your own computer, all Work. If any Work transmitted to us is damaged, lost or corrupted in any way, we will have no obligation or liability to you.

1.3 You will retain all rights to the content of the Work posted to the Site; subject to granting us the right to post, display, copy and sell the Work within the limitations set forth during the registration and setup process for the Work. We are NOT responsible for editing the Work and have no editorial control over your Work. As part of the Services, you may purchase proofreading** services provided by us. You will have final authority with respect to suggested editing changes made by our proofreaders. You will provide such assistance as we may reasonably request regarding purchased Services.

1.4. Our Site will allow you to format the Work subject to the specifications, requirements and capabilities of our Site. We will retain final discretion over formatting of the Work and its cover according to our printing specifications. You acknowledge that you may not utilize the formatted Work and cover with any other publisher, if we cease publication of the Work. We retain the right to refuse content that does not meet our technical capabilities. You understand that print-on-demand technology can sometimes make exact colour matching difficult. We make no guarantees that we can match a particular colour within the colour spectrum or that copies of the Work printed on different dates will

exactly match the colour of previously printed copies of the Work.

1.5. If you include any information that could be used to identify you, such as your personal phone number, e-mail address, an identification card number or a government-issued ID number (collectively “Personal Data”), in your Work, it will be included with your Work when sold. By including Personal Data in the Work you post, you authorize us to disclose that Personal Data as part of the Work. You may not include Personal Data about other people in your Work, unless you provide to us a waiver from such people.

1.6. You understand that if there is more than one author contributing to the Work (“Joint Work”), the individual(s) who register(s) on our Site will be the sole point of contact with whom we will communicate regarding all matters related to the Work and all parts constituting these Terms and Conditions. By registering with our Site, each author of the Joint Work agrees to these Terms and Conditions.

1.7. You agree to pay all applicable shipping and handling fees associated with purchasing copies of your own Work.

1.8. We will use reasonable efforts to assist you in promoting the Work consistent with the promotional services purchased by you. You acknowledge that some promotional offerings will not be fulfilled until after the Work is available for distribution. However, we cannot guarantee sales of any of your 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 the Services. We have no control over the purchasing decisions of consumers and are not liable to anyone if the Work does not sell to your expectations.

1.9. If you purchase Work from the Site, you agree to the following conditions with respect to such Work and the information contained therein:

(a) You can resell your own physical content (printed books) purchased from us, at your discretion and at

whatever price you want. This does not apply if you participated in BookPal’s distribution offering to bookstore retailers worldwide whereby your right to sell direct to retailers or bookstores is withheld and only available under the BookPal’s offering should you participate in it;

(b) You may not resell any other person’s Work or otherwise profit from its use or display;

(c) Sharing, copying, adapting, redistributing, reconfiguring, modifying or creating derivative work from another author’s Works is strictly prohibited.

(d) The owners who sell their Work through our Site retain ownership of the copyrights or other licenses in the Works.

(e) You agree not to allow any third party to: resell, redistribute, sublicense, assign, delegate, or otherwise transfer the Work, any part thereof, or any related rights or obligations hereunder.

1.10. When you choose to 'retire' or 'delete' your Work from the Site, it will no longer be available or visible to other Site-users. If no copies of the Work have ever been sold or used in a collaborative project, you can delete it from the Site. We reserve the right to retain your Work in our archives to the extent required by our data backup systems or, at our discretion, for archival purposes. We will retain your Personal Data only for so long as is reasonably required to fulfil the purposes for which it was collected, or if required by law. Except as provided herein, we do not retain any residual rights to deleted or retired Work or your Personal Data. If you choose to terminate your use of the Site in accordance with Section 7, the terms above regarding the status of the Work you have uploaded remain applicable.

2. YOUR LEGAL RESPONSIBILITY

2.1. You represent that you are the copyright owner of the Work and all of its content or have a legally binding agreement with the copyright owner.

2.2. You represent that the Work does not infringe upon any statutory or common law right of copyright, libel or privacy of any third party.

2.3. You represent that you are the owner of any trademarks and/or trade names associated with the Work and that the usage of such trademarks or trade names does not infringe upon the rights of third parties.

2.4. You represent that the Work does not contain illegal, unlawful or objectionable material including, but not limited to, pornography, obscenity or hate speech. You acknowledge that the Work is not plagiarized and does not include falsely attributed statements of third parties.

2.5. You represent that the Work does not contain any Personal Data about any individual other than you (unless a waiver is provided).

2.6. You represent that the Work does not include malicious code, including, but not limited to, viruses, Trojan horses, worms, time bombs, cancel bots, or any other computer programming routines that may damage, interfere with, intercept or expropriate any system, program, data or personal information (including Personal Data).

2.7. You represent that the Work does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations.

2.8. You represent that all factual information in the Work you upload to the Site is true and accurate, and the use of any recipe, formula, or instruction in the Work will not result in personal injury to any person.

2.9. You represent and warrant that you have the legal capacity to enter into these Terms and Conditions, and that the entering into of these Terms and Conditions does not conflict with any arrangements or agreements between you and any other person or entity.

2.10. You completely and wholly accept responsibility for the content of the Work.

2.11 You wholly accept responsibility of all process required to produce the Word. This includes approving any proofs, ensuring all files and materials comply with our requirements when processed by us to produce the Work.

2.12 You wholly accept that turnaround time of job completion is at our discretion. This is an estimate of 30 working days or less (from file or proof approval).

2.13 You accept to pay a $280 cancellation fee should you cancel a job after making an order/purchase with us.

Should a job cancellation occur after printing or production has commenced, the cancellation fee will include surcharge to cover our costs. This surcharge is to be advised on a case by case basis.

2.14 You accept that you have to comply with a third party’s or our service partner’s terms and conditions should the Work require any part of that third party’s or our service partner’s services.

2.15 You accept that in utilizing our Site, you comply with one of the models below.

SP Model

SP-BP Model

This is a Self Publishing Model

You purchase and utilize the services provided by our site.

You owns the copyright, pursuant to Section 2.1

You buy your own ISBN for your Work.

Points to note:
1. Takes 7 days for an ISBN approval
2. Cost $120 to organise ISBN application with barcode
3. You have to make legal deposits to national and state library

Distribution Option:
1. You can directly approach bookstores and retailers.
2. You will organise all the freight and handling to send the books to the bookstores.
3. You will have to print the books upfront before sending them to the bookstores.
4. You will negotiate your own payment agreement with the bookstores.

This is a “Self Publishing-BookPal” joint Model

You purchase and utilize the services provided by our site.

You own the copyright, pursuant to Section 2.1

You purchase a BookPal ISBN, whereby BookPal is deemed the publisher of yourWork. BookPal reserves the right to approve a BookPal ISBN when viewing the material of yourWork.

You agree to comply with BookPal distribution terms when you purchases BookPal’s distribution service.

Points to note:
1. Instant ISBN approval
2. Cost $110 to organise BookPal ISBN with barcode
3. Legal deposit to national and state library is organised for you.

Distribution Option:
1. You can purchase BookPal’s distribution network to approx 27,000 bookstores/retailers worldwide (USA, UK, Australia, New Zealand), whereby your book is available for purchase at any retailer using our ordering system. Note that we cannot keep track of the full 27,000 bookstores using this system.
2. We will organise and send the Work for you.
3. No upfront cost of book printing is required but it is required that you purchase one of our Print-On-Demand and Distribution packs to get your Work ready for distribution.
4. Royalties will be paid to you upon purchase of your book at the bookstores. Royalties will be paid to you pursuant to Section 5.2.
5. To avoid confusion of bookstore ordering and royalty payments, you agree not to directly approach bookstores or distributors if you purchase this BookPal’s distribution service.

3. OUR LEGAL RESPONSIBILITY

3.1. We are not legally responsible in any way or means for your Work. We are not liable to any third party for the Work, regardless if we had any knowledge or could have reasonably known of any illegal, unlawful or objectionable content in Work.

3.2. We reserve the right to remove any and all material that we deem inappropriate or illegal, or offensive, or potentially or actually harmful in any respect. At our discretion, we will remove Work and/or ban those who violate our policies with respect to the Site. We reserve the right to amend our policies from time to time in our sole discretion. Further, we reserve the right to refuse to provide and/or to discontinue ALL Services upon our discovery of any violation by you of these Terms and Conditions, any other actions, omissions or misconduct by you with respect to Work, and/or your performance under these Terms and Conditions. In the event a complaint is made by a third party regarding the Work, we reserve the right to suspend the Services in accordance with Section 7.1 until such time as the complaint is satisfactorily resolved, as determined by us in our sole discretion.

3.3. We will not be responsible for retrieving the Work or for any sales of Work in the possession by an entity other than us.

3.4. We will be permitted to use your Personal Data and publicize information concerning the Work in connection with the advertisement, promotion and marketing of the Services offered by us, including, but not limited to, publication of the name and a description of the Work, your name and address (city and state only), and success relating to the sale of your Work. We may also negotiate with search engines and third-party retailers to allow them to make available excerpts of the Work, otherwise publicize the Work and utilize our trademarks to assist

us in building our brand. The only benefit which you can expect to receive as a result of the publication of the excerpts of your Work is to hope that such relationships will lead to more opportunities to sell the Work, thereby resulting in potential additional profits or sales or royalties to you.

3.5. We will not be liable for delays, errors or non-performance of Services caused by any of our third party vendors or suppliers.

3.6. From time to time, we will discontinue offering certain promotional items. We reserve the right to substitute a different promotional item of equal or greater value to you with or without notification in the event of a discontinuation. In all situations, we will endeavour to notify you of a cancellation of any promotional item that you have purchased.

3.7. Technical, maintenance and other issues may make the Site unavailable from time to time. We make no commitment, warranty or guarantee that the Site will operate in a timely, uninterrupted or error-free manner, or that the Site will meet the Site user's purposes. We may also in our sole discretion modify the features, availability, operation and/or appearance of the Site from time to time without notice to our users.

3.8. We make no representation that material on the Site is appropriate to or available at locations outside of the Australia. You may not use the Site or export the Work in violation of Australian export regulations. If you access this Site from a location outside of the Australia, you are responsible for compliance with all applicable local laws.

4. INDEMNIFICATION AND LEGAL DISCLAIMER

EXCEPT AS STATED IN THESE TERMS AND CONDITIONS, WE DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESSED OR IMPLIED, ORAL OR WRITTEN),

WITH RESPECT TO THE SITE, THE WORK SOLD THROUGH THE SITE AND THE SERVICES PROVIDED HEREUNDER, OR ANY PART THEREOF, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, COMPATIBILITY, OR FITNESS OR SUITABILITY

FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED, ARISING BY OPERATION OF LAW, CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. IN ADDITION, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS TO ANY PERSON OTHER THAN YOU WITH RESPECT TO THE SERVICES OR ANY PART THEREOF.

WITH RESPECT TO ANY DOWNLOADS FROM THE SITE, WE DO NOT REPRESENT OR WARRANT THAT DOWNLOADING CONTENT OR USE OF THE SITE WILL BE SUCCESSFUL, AND DO NOT REPRESENT OR WARRANT THAT ANY SUCH DOWNLOADING OR USE WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS. WE WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS THAT MAY BE CAUSED BY YOUR USE OF THE SITE OR THE DOWNLOADING OF WORKS. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOST PROFITS OR REVENUES OR INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES.

We assume no liability for any loss, damage, injury, or claim of any kind or character to any person or property, including, but not limited to, you or any third party, arising from, relating to, or in connection with the Site, for any Services provided hereunder, the Works on the Site, or any transaction between us under these Terms and Conditions and the subsequent sale or distribution of the Work. You agree that submission of the Work (including, without limitation, manuscripts, pictures and diskettes) to us is at your own risk and agree that we will have no liability related to the misplacement or loss of the Work for any reason.

If a claim is presented against us alleging that the Work is an infringement or the Work otherwise violates or adversely affects the rights of third parties, we are hereby authorized, at our election: to negotiate, compromise, or settle such claim, subject to your approval, which approval shall not be unreasonably withheld or delayed; or defend the institution of any action there under at your expense. You agree to defend, indemnify and hold harmless us and our employees, shareholders, directors, representatives, successors and assigns of and from all and any manner of claims, demands, suits, actions, losses, costs, liabilities, damages, settlements, awards, judgments, attorneys’ fees,

professional fees, costs and expenses arising from or relating to: claims of third parties regarding ownership, trademark, copyright, libel, slander, plagiarism, privacy, misappropriation, and similar claims relating to the Work on the Site; the sale and distribution of the Work; and any misrepresentation, breach or default by you under these Terms and Conditions or any other agreements or understandings between the parties. Until our claim for indemnity has been fully satisfied, we may, at our sole discretion, retain all payments due you under Section 5 of these Terms and Conditions, cease providing any further Services, and you shall have no right to receive a refund of any monies paid to you by us. In addition, you agree to abide by and comply with the policies promulgated by us with respect to requests or complaints from third parties regarding the Work.

5. PRICING AND ROYALTY AGREEMENTS

5.1. Payment Terms for Purchase of Works. In order to purchase Works on the Site, you must possess a valid PayPal account, credit card or debit card.

5.2. Price of Work and Royalties. During the publishing process for each Work submitted on the Site, you are asked to choose the price of the Work and the corresponding royalty amount you will receive from the sale of the Work. If we sell your Work, and we receive payment, we will pay you the royalty amount you chose during the Work registration process. As the author of the Work, you will be able to purchase copies of the Work for a discounted price. In order to receive royalty payments from us, you will have to provide remission information at our Site. On this page, we will ask for the name, address, and phone number where you would like to receive your payment. It is your responsibility to update your contact information if it changes. If your account is inactive or terminated and we are unable to contact you using the contact information provided, we may also, at our discretion, charge a termination fee equal to the amount of unpaid royalties to cover administrative costs.

We will remit payments to you on a quarterly basis (4 times a year) along with a report of sales in that reported quarter by electronic mail; provided, however, no payment shall be made to unless and until the amount of the royalties is equal to or exceeds $20.00.

5.3. Modification of Price. You may not modify the selling price of Work without our prior written consent.

5.4. Payment and Royalty Fees Statement. The royalty payments made to You will be the amounts selected by you during the Work registration process, less any outstanding amounts owed by you to us and/or withheld pursuant to Sections 5.5 and 5.6 below and governing laws.

5.5. Taxation. You are responsible for all tax obligations in regards all the royalty payments you receive from us. Please consult with an accountant for full details and obligations.

5.6. Transfer of Ownership of Work. You may assign the ownership of the Work and the right to receive royalty payments to a different party by completing all of the following: providing payment to us for all Services selected, providing us with the new party’s personal details or other applicable documentation, providing the new party’s agreement to these Terms and Conditions in its entirety, and by obtaining the prior written approval of us. This approval may be withheld by us at our sole discretion for any reason.

In the event that we consent to the assignment of payments, You and such transferee shall jointly and severally reimburse, indemnify, and hold harmless us for any tax liability, penalty, interest or fee imposed by any federal, state or local taxing authority, for any reason in connection with the assignment of any payment pursuant to this Section. In such event, You and such transferee shall execute such indemnification or other agreements as may be requested by us. All applicable payments to us must be made prior to commencement of the selected Services. All payments made by You to us are non refundable, except as may be specifically provided otherwise in these Terms and Conditions.

5.7. Return of Work. Any Work that has been purchased, whether in electronic or printed format, will be accepted for return only if it is damaged when received by the purchaser. If you receive a book, CD, or electronic file that is damaged in some way (missing, torn, or loose pages in books, in-operable CD's, etc.), we will provide a replacement copy. Due to the nature of the print-on-demand manufacturing process, we will not accept returns on physical products. Because we provide an author-controlled publishing tool, we cannot accept responsibility for the quality of the Work purchased (including misspelled words, grammatical errors, etc.), its formatting, design or overall appearance except in those specific instances in which you purchase additional Services offered by us related to the Work.

6. YOUR REMEDIES

6.1. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM RELATING TO OUR PERFORMANCE UNDER THESE TERMS AND CONDITIONS WILL BE FOR US, AT OUR CHOOSING AND UPON WRITTEN NOTICE TO YOU, TO EITHER

A) USE COMMERCIALLY REASONABLE EFFORTS TO CURE, AT OUR EXPENSE, THE MATTER

THAT GAVE RISE TO THE CLAIM FOR WHICH WE ARE AT FAULT, OR

B) TO RETURN TO YOU ONLY THE FEES PAID FOR THE WORK OR THE PARTICULAR SERVICE

WHICH PROMPTED THE CLAIM. In those instances in which we perform certain Services related to your Work, you shall review and inspect the Work upon completion of the Services. Any claim under these Terms and Conditions must be made within thirty (30) days of delivery or performance by us of your Work or your selected Services. You will work with us to resolve all issues and disputes regarding the Work or Services prior to seeking any remedy under this Section 6. To the fullest extent legally permitted, you agree not to allege that the remedies in this Section fail their essential purpose.

7. TERMINATION OF AGREEMENT

7.1. Suspension of Services. Upon a breach, default, or failure by you to comply with these Terms and Conditions or the failure to cooperate with us in the provision of any Services, we will have the right to suspend any or all performance until you cooperate with these Terms and Conditions and/or cooperate with us in the provision of Services.

7.2. Termination. Our agreement and these Terms and Conditions shall continue until one of the following occurs:

a. Upon thirty (30) days’ written notice, you terminate our agreement for any reason other than a breach of contract by us. You agree to pay us for any amounts due on items purchased, and we will retain all moneys previously paid by you to us.

b. Upon thirty (30) days’ written notice, we terminate our agreement for any reason other than a breach of contract by you.

c. By us immediately upon written notice if you have failed to pay us for any selected Services after we have given prior written notice to you of such non payment (in which case we will have the right to retain all moneys previously paid by you to us).

d. Except pursuant to Section 7.2(c), upon either party terminating the agreement in the event of breach or default by a party to these Terms and Conditions which remains unresolved after thirty (30) days’ written notice.

e. Termination by mutual written agreement of the parties.

In the event of termination, we will discontinue distribution of the Work, and the provisions addressing future performance shall survive the termination, including, but not limited to, Sections 3, 4, 5, 6, 13 and 15.

8. PRIVACY POLICY

In general, we collect Personal Data when you register with us, when you post your Work on our Site, when you use our Services and when you visit our pages or pages related to the Work posted on our Site. That information is used to fulfil your requests for products and Services, to conduct research, to contact you, to contact those who purchase your Work and to improve our Services. We endeavour to limit access to your Personal Data to only our employees who reasonably need access to complete these purposes. You may view and edit your account information at any time.

We will disclose Personal Data under the following circumstances:

(a) In response to subpoenas, court order, other legal process, to establish or exercise our legal rights or defend against a legal claim, or as otherwise required by law;

(b) As necessary to investigate or prevent violations of these Terms and Conditions, suspected illegal activity or threats to the physical safety of another person;

(d) In the event we are acquired by or merged with another company.

We will transfer your Personal Data to other countries where we do business, but will always treat your Personal Data according to the terms of our Privacy Policy. If you include your Personal Data in the Work that you upload for posting and/or purchase on our Site, that information may be widely available to other users. We do not exercise any control over those users and cannot guarantee that your Personal Data will be protected as described in our Privacy Policy. We are not liable for any damage that may be incurred due to use of Personal Data that was made available as part of Work posted on the Site. We will set and access cookies to keep track of your login status. Please reference your browser's “Help” menu to learn how to change cookie preferences. Your Personal Data does not include your Username, and any information you make available through your public contact settings. Your Username and public contact information may be displayed on the Site to other users. For a complete description of our use and disclosure of your Personal Data, please review our Privacy Policy.

9. NO WAIVER

Any waivers of rights must be in writing and no prior waiver will affect a party’s rights as to a subsequent breach. Our rights and remedies shall be distinct, separate, and cumulative. No action or inaction by us shall operate to exclude or deprive us of any other rights allowed to us by law.

10. FORCE MAJEURE

We will be excused from our obligations if our performance is prevented by events outside of our reasonable control, including, without limitation, acts of God, wars, riots, strikes or other labor disputes, natural disasters, fire, or severe weather. In such event, we will notify you and will provide an estimate of how long performance will be delayed. If performance will be delayed more than 90 days, you may terminate our Services and these Terms and Conditions.

11. SEVERABILITY

If any part of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions of these Terms and Conditions shall continue to be binding and effective.

12. NOTICES

All notices, requests, demands and other communications pertaining to these Terms and Conditions shall be in writing and shall be deemed given when received upon delivery by hand, transmission by facsimile, e-mail or mailing by registered or certified mail, return receipt requested, first class postage prepaid, addressed as follows:

(a) If to us: BookPal

E-mail: info@bookpal.com.au

Fax: 07 3276 8207 begin_of_the_skype_highlighting 07 3276 8207 end_of_the_skype_highlighting (Australia) or +617 3276 8207 (if outside Australia)

(b) If to you: All material sent from us to you will be sent to your e-mail address or the home address identified during the registration process.

13. GOVERNING LAW; ARBITRATION; JURISDICTION

Our agreement and these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Queensland (Australia) without recourse to conflicts of law principles. Any dispute or difference whatsoever arising out of or in connection with this contract will first and foremost be resolved by both parties: You and BookPal. If the dispute or difference is still unresolved, it shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia (IAMA) Mediation and Conciliation Rules. If the dispute or difference is not settled within 30 days of the submission to mediation (unless such period is extended by agreement of the parties), it shall be and is hereby submitted to arbitration in accordance with, and subject to, IAMA Rules for the Conduct of Commercial Arbitrations. You acknowledges and agree that the Services provided to You are solely for commercial or business purposes and NOT for personal or household use. Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to arbitration in accordance with, and subject to, IAMA Expedited Commercial Arbitration Rules. For disputes in which the quantum is less than $50,000 (or under), arbitration shall take place using the submission of documents alone unless both parties agree otherwise. In the event You institute such arbitration, then without limiting the applicability of the IAMA rules, You must serve the complaint initiating arbitration upon us at the same time as You submit such complaint to the IAMA.

14. HEADINGS

The headings of the Sections of these Terms and Conditions are inserted for convenience only and shall not be deemed to constitute a part hereof.

15. PROPRIETARY RIGHTS

We are the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Site, with all rights reserved, exclusive of the Works provided by You and other third parties. We own the design, format and layout of the Site. We authorize users of this website to use the Site and to purchase materials posted on the Site. Any and all other uses of the materials posted on the Site are prohibited. All copyright, patent, trademark, and other intellectual property-related notices must remain affixed to any materials downloaded from the Site. Failure to maintain such notices voids the authorization granted above. In granting this authorization, we grant no other right, title, ownership, license, or other property interest in the materials and subject matter posted on the Site, and in any intellectual property rights protecting such materials and subject matter. Our logo and the names of all of our products and/or Services as posted herein are either trademarks or service marks, or registered trademarks and/or service marks of BookPal Australia Pty Ltd.

16. REGISTRATION BY YOU; ACCEPTANCE BY US

You will be bound by these Terms and Conditions upon your completion of the purchasing process with us. As to us, these Terms and Conditions will be deemed to be accepted by, and binding upon, us at such time as we receive confirmation that you have successfully completed your purchasing process with BookPal and provided us with all necessary information.

17. ASSIGNMENT

Our agreement and these Terms and Conditions may not be transferred, delegated or assigned by either party without the prior written consent of the other party, except that we may assign the agreement and these Terms and Conditions (including your Personal Data) in connection with the sale of our business or a merger with a third party. These Terms and Conditions shall be binding upon, and shall inure to the benefit of, the successors and assignees of you and us.

18. ENTIRE AGREEMENT

By completing the registration process and using the Site, you are confirming that you have the full power and authority to enter into and perform in accordance with these Terms and Conditions. We encourage you to print and keep a copy for reference. We may change these Terms and Conditions from time to time. When the terms are changed, we will make a posting on the Site regarding the change. You agree to review the Terms and Conditions from time to time. If you do not agree to be bound by any future changes, you should promptly notify us and discontinue your use of the Site. If you use the Site after we have posted a change to the Terms and Conditions on the Site, you are agreeing to be bound by all of the changes.

*BookPal Australia is the trading name of BookPal Australia Pty Ltd As Trustee for a duly constituted trust within the Laws of Queensland, Australia. BookPal Australia owns the website www.bookpal.com.au

** Proofreading is a service based on highlighting spelling and grammatical errors in a document. It does not constitute copy editing or structural editing of a manuscript.