Khwaab Publication Publishing Services and Book Distribution Agreement
This Service Agreement is made between YOU, [referred to as “You” or the ‘Author’] and Khwaab Publication Private Limited, a company registered under the Micro, small and medium enterprises(M.S.M.E.) of the Ashiana Road, Adityapur, Jamshedpur-831013 [referred to as “Khwaab Publlication”]. This agreement will come into force only on the date that you or someone on behalf of the author publishes their book with Khwaab Publication or makes the first payment towards purchases of publishing services from Khwaab Publication, whichever comes first [referred to as ‘Effective Date’].
Since You have written a book or your Work that you would like to be published and Khwaab Publication offers top notch self-publishing services; You, would like to engage the services of Khwaab Publication.
In consideration of the mutual promises set forth in this Agreement, the both parties agree as follows:
A. Khwaab Publication Services
Khwaab Publication offers you two different sets of services under this Agreement:
Publication Services – There are several packages and corresponding services offered by Khwaab Publication at their website [www.khwaabpublication.wixsite.com/khwaabpublication] for editing, design, ISBN and copyright, printing and creation of eBooks and marketing which you can select from based on your requirement.
Book Distribution– Once you have selected from the Publication Packages and your Work has been published either in print or digitally, you have engaged Khwaab Publication for the distribution of your Work.
You can choose one or both services at any time during this Agreement.
Grant of License and Intellectual Property
For you to engage Khwaab Publication for both their Publication and Distribution Services you must grant Khwaab Publication a limited [restricted to the rights you are granting], non-exclusive [you can grant the license to other publishers] world-wide license to print, publish, distribute and sell your Work.
All Intellectual Property rights in the Work, which include copyright, and all the associated rights under the law of Copyright remain exclusively with you. Khwaab Publication does not claim or own any of your Intellectual Property rights.
The licenses granted will depend on the services you have engaged Khwaab Publication for based on your selection made by you while publishing your book.
B. Payment:
In consideration for the Publication Services you or someone on behalf of the author will pay Khwaab Publication the Package Fee as per the package of services that you have selected. Khwaab Publication will commence work on the Publication Services only upon receipt of the Package Fee.
In consideration for Book Distribution, Khwaab Publication will pay you the Royalty Fee.
C. Authors Rights and Duties
Initial Obligations – You shall provide Khwaab Publication with all the required information in the appropriate format and any Fee owed to Khwaab Publication is paid in full.
Rights - You retain all rights to the work. While Khwaab Publication may edit [if you have selected editing service in the Publication Service] the content, all rights in the content will remain with You.
ISBN- While you grant us a non-exclusive license on the content, you cannot use the ISBN and format of the work provided by Khwaab Publication anywhere else.
Discounts: You will be eligible to receive purchase discounts.
D. Khwaab Publication Rights and Duties
License to Publish and Distribute: Khwaab Publication has the right to choose the distribution channels for the work based on the format of distribution selected by you. Khwaab Publication ress and entities in its distribution channels may determine in their own discretion whether and to what extent to make excerpt of your work available. On occasion, these excerpts may include entire chapters or may even exceed twenty-five (25) pages or more in length.
Versions and Multiple ISBN’s: You grant Khwaab Publication the right to introduce additional versions of the work as it needs to be available in multiple formats. Accordingly, you grant Khwaab Publication the right to terminate and reissue individual ISBN’s of the work in each different format that you select.
Possession of submitted materials: Khwaab Publication may retain in its possession all the materials submitted by you and Khwaab Publication is not obligated to return or store such materials. You also grant Khwaab Publication the right to compile and use statistical information regarding sales of the work.
Storage and Hosting: You grant Khwaab Publication the right to copy, reproduce, warehouse, host, store, use, transmit and distribute tangible, electronic copies of the work in any current or future methods of technology to fulfil their services under this Agreement.
Publicity: To provide the Distribution Services, you grant Khwaab Publication, the consent and right to use your name, voice, photograph, image, likeness, distinctive appearance, gestures, or mannerisms.
Publicity Rights: To provide the Distribution Services, you grant Khwaab Publication, the consent and right to use your name, voice, photograph, image, likeness, distinctive appearance, gestures, or mannerisms.
Free Copies to Media: You grant Khwaab Publication the right to send free review copies to members of media, including, but not limited to, editors, college newspapers, bloggers, professors, television, internet, and radio commentators, and other potential book reviewers in Khwaab Publication’s discretion for promotion of the work.
Promotional Services/Opportunities/Items: From time to time, Khwaab Publication may discontinue offering certain promotional Services/Opportunities/Items. Khwaab Publication may substitute a different promotional Service/Opportunity/Item of equal or greater value for you with notification to the author in the event of a discontinuation.
Content Security: Khwaab Publication shall ensure that the content provided by you shall be kept confidential. Neither Khwaab Publication nor any third parties associated with Khwaab Publication shall involve in any act that would compromise the security of the content before, during and after the work is published.
E. Term and Termination
Term: This Agreement comes into force from the Effective Date and extends until it is terminated by either or both parties.
Termination: Khwaab Publication’s Publication Services terminate once each selected service has been completed. You can choose additional services based on Khwaab Publication’s offers.
The Distribution Services continue to stay in effect until this Agreement is terminated.
You and Khwaab Publication, can mutually agree and have the right to terminate this Agreement at any stage, in writing
If you find that Khwaab Publication has not complied with any of the duties, or obligations to be provided under this Agreement, or if there is a breach of any the terms, or vice versa [where you have not complied with the terms] either party can inform the other party of the breach of terms. If the issue is not sorted or rectified within 30 days, this Agreement can be terminated.
F. Refunds
No refunds will apply on the publication and distribution services provided by Khwaab Publication at any stage once the initial payment and process is started.
G. Representations and Warranties
Both You and Khwaab Publication undertake that you can enter into this Agreement and that there are no other contractual obligations preventing you from signing this Agreement.
You will be wholly and completely responsible for the content of the work and should ensure that the work is not illegal, unlawful or it does not contain any objectionable content. Khwaab Publication is not liable to any third party or other person or entity, for the work, regardless of whether Khwaab Publication had any knowledge or could have reasonably known of any illegal, unlawful, or objectionable content in the work. You also agree to indemnify [compensate for harm or loss] Khwaab Publication in case of any legal proceedings with third party regarding copyright infringement or action on grounds of illegality as mentioned.
H. Disclaimer of Warranties
SALES NOT GUARANTEED: Khwaab Publication cannot and does not guarantee sales of any of the author’s work. Khwaab Publication makes 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.
GENERAL DISCLAIMER: Except for any Warranties or Representations explicitly mentioned in this Agreement, Khwaab Publication makes no other warranty and explicitly disclaims all other warranties, conditions or representations (express or implied, oral or written) with respect to the services, or any part thereof.
THIRD PARTY FAULT: Khwaab Publication is not responsible for retrieving the work from or for any sales of the work in the possession of an entity other than Khwaab Publication. Khwaab Publication is not liable for delays, errors, or non-performance of services caused by any of Khwaab Publication’s vendors or suppliers, like, the failure of a third party to (a) timely remove your work from circulation following Khwaab Publication’s or your notice to do so, and (b) the failure of any third party to timely update any changes to the work.
I. Limitation of Liabilities/Remedies
LIMITATION OF LIABILITY: In no event, shall Khwaab Publication or any of its affiliates be liable under this Agreement to you or any other person or entity for any consequential, incidental, indirect, exemplary, special or punitive damages, regardless of whether we could anticipate such damages or advised you about them. In no event, shall Khwaab Publication’s or its affiliates’ total liability arising out of or related to this agreement, exceed the total amount you paid to Khwaab Publication under this Agreement.
J. Indemnification
You agree to indemnify and hold Khwaab Publication and its distribution partners harmless against any legal claims connected to the breach of the representations and warranties or your breach of this Agreement or regarding any claims of Intellectual Property Ownership.
Khwaab Publication may retain payments due to you until its claims of indemnity have been satisfied or completed.
K. Legal Proceedings
The Courts in Jamshedpur, India shall have exclusive jurisdiction to decide on matters arising out this Agreement.
If there is any dispute, it should be referred to an Arbitrator appointed by both parties. If you and Khwaab Publication cannot agree on one Arbitrator, both parties shall appoint one arbitrator each who will appoint a third Arbitrator so that a panel of three Arbitrators will adjudicate. All arbitration proceedings shall be conducted in the English language in accordance with the Arbitration and Conciliation Act, 1996 and the place of arbitration shall be Jamshedpur, India.
L. Entire Agreement
This Agreement including any Order Forms, schedules and annexures is all that governs the terms between you and Khwaab Publication. If there are any changes to the terms they have to be made in writing and agreed by both parties.
M. Notices
All notices to Khwaab Publication can be sent by email to khwaabpublication@gmail.com and all notices to you can be sent to any of your registered email addresses that has been used to communicate with Khwaab Publication in the past.
N. Assignment
You cannot assign or transfer any of the rights, or duties in this Agreement to anyone else. Khwaab Publication may transfer some of its rights to another related entity to comply with its duties as per this Agreement.
O. Force Majeure
Both You and Khwaab Publication shall not be liable or responsible to each other or deemed to have defaulted under this Agreement for failure or delay in fulfilling or performing any term of this Agreement if the delay is due to an Act of God or out of the control of the parties.
P. Survival
Even after the termination of this Agreement, all clauses from H to O shall survive until explicitly terminated by the parties via an Agreement signed by both parties.
SCHEDULE A
1. Royalties
A. Print Royalties
On all sales by Khwaab Publication of paperback or hardcover formats of the full work, Khwaab Publication shall pay you a royalty as follows:
Thirty percent (30%) of the payments that Khwaab Publication actually receives from such sales, all minus the cost to distribute and print the WORK, mark-ups for sales with distribution partners, and any taxes, technology fees, shipping costs, and return costs.
Royalties are not due to you for copies provided free of charge or copies sold to you.
B. eBook Royalties
On all sales by Khwaab Publication of eBook formats of the full work, Khwaab Publication shall pay you a royalty as follows:
No royalty shall be provided in case of any sale of eBooks from sales distribution channels.
Royalties are not due to you for any copies provided free of charge or copies sold to you.
C. Royalty Payment timing
Royalties shall be determined monthly and paid to you within fifteen (15) days after the quarter in which the Royalty was earned.
D. Mode of transfer
Royalties shall be paid by electronic fund transfer to your designated bank account or by UPI.
2. Submissions
Manuscript Submissions are to be made via WhatsApp or E-mail. You must provide all necessary as outlined below.
(1) Final Contents (Interior and Cover Files) of the Book in an acceptable format as per the specifications provided by Khwaab Publication.
(2) Payment for Publication (in two installments i.e., 50% for confirmation of order and 50% after the files are finalized.)
3. Pricing
You shall set the default and maximum price of the work greater than the MINIMUM RECOMMENDED RETAIL PRICE set by Khwaab Publication for the work taking into account the cost of printing and distributing the work.
Khwaab Publication may ask you to modify the price of the paperback, hardcover, and e-book format of work, should costs change or market conditions warrant.
4. AUTHOR Discounts
You shall have the right to purchase copies of the work. All Author payments must be made in advance.