Terms and Conditions
This Agreement is made between you [referred to as “You” or the ‘Author’ and ‘Smart Moves Publication, Bhopal, MP, India. [referred to as “Smart Moves”]. The agreement will come into force only on the date that you or the authorized person on behalf of the author makes the payment towards the publication of manuscript/book attached with this agreement, [Effective by today].
Agreement Acceptance: You accept this Agreement and bound to follow the Smart Moves Publication policies till the agreement continues between the two parties. You agree to all the terms and conditions of Smart Moves by clicking on the check box option given.
Since you wrote a book and wish to associate with Smart Moves for its publication and selling in the market, Smart Moves offers the top notch self‑publishing services. In consideration of the mutual promises set forth in this agreement, both the parties agree to the terms as follows in the document:
Services Offered under the roof of Smart Moves. Smart Moves offers you the services as mentioned below under this Agreement:
Publication and distribution Services – There are several services offered by Smart Moves Publications like editing, designing, ISBN, copyright, printing and creation of e-books, marketing and distribution of the books.
Author’s Responsibility
The author of the book shall be solely responsible for all the content written views expressed in the book. The publisher does not endorse or support the views expressed in the book. You will be solely and completely responsible for the content of the work and must ensure that the work is not illegal, unlawful, or plagiarized. It also does not contain any objectionable content which may hurt the sentiments of any particular ethnicity, community or group of people. You will solely be responsible for all the views expressed in the book. Smart Moves will not be liable for any clarification on its behalf for miscommunication or misinterpretation of the content. Smart Moves is not liable to any third party or other person or entity for the work regardless of whether Smart Moves had any knowledge or could have reasonably known of any illegal, unlawful, or objectionable content in the work. You also agree that you will be solely and completely responsible for any loss or compensation made in case of any legal proceedings with third party copyright infringement or action on grounds of illegality as mentioned. You confirm that all characters and situation appearing in this work are fictitious. Any resemblance to real persons, living or dead is purely coincidental. If it relates to any real person or real incident must provide the agreement from the concerned person.
Authors’ Rights and Duties
Initial Obligations – You shall provide Smart Moves with a copy of the manuscript in MS-Office Word file. You shall make sure that the required information and copies of the work in the appropriate format are provided to Smart Moves and that the Package Fee is paid.
Information and Confirmation – You shall provide Smart Moves with all the required information regarding the book to be published.
ISBN – While you grant us a non-exclusive license on the content, you cannot use the ISBN and format of the work during the term of this Agreement. If you wish to engage other publisher, they must provide you with a different format, cover page and ISBN on different content.
Payment:
In consideration to the Publication Services you as an author or someone on behalf of the author will pay Smart Moves the Package Fee as per the package of services that you have selected or opted for. Smart Moves will commence work on the Publication Services only upon receipt of the Package Fee.
Royalties
Print Book Royalties
Payments that Smart Moves actually receives (selling of book – distribution cost, refund of book cost, taxes etc.) will be shared between you and Smart Moves. You/author will get @75% and Smart Moves will get @25%. On all sales by Smart Moves of paperback or hardcover formats of the full work, Smart Moves shall pay you a royalty as follows:
E-book Royalties
On all sales by Smart Moves of e-book formats of the full work, Smart Moves shall pay you a royalty as follows: Payments that Smart Moves actually receives will be shared between you and Smart Moves. You/author will get @75% and Smart Moves will get @ 25% from such sales, all minus the cost to distribution, mark-ups for sales with distribution partners, and any taxes, technology fees and return costs etc. Royalties are not due to you for copies provided free of charge or copies sold to you.
Note: Royalties are not due to you for copies provided free of charge or copies sold to you.
Royalty Payment Timing:
Royalties shall be determined monthly and paid to you within thirty (30) days at the end of the month in which the Royalty was earned. The aggregate Royalty amount due to you for the work should not be less than $100. If the monthly total Royalty amount is less than $100, in that case existing Royalty amount will be added to the subsequent monthly Royalty amount due (Cumulative Royalty) until the Cumulative Royalty first exceeds or equals $100. Even if the cumulative Royalties do not exceed $100 by the end of a calendar year, it shall be paid to you within thirty (30) days after the end of the year. All the transfer charges levied by bank or any kind of tax (if applied) levied by the law of the land will be borne by you (author) only. Royalties shall be paid by electronic fund transfer (NEFT/RTGS/Swift/PayPal) to your designated bank account. You need to provide Smart Moves with all the relevant bank details to effect the transfer.
Refunds
If you do not submit your work to Smart Moves within 30 days of the payment, then there will be no refund provided and your agreement will get terminated.
Tax Withholding.
All royalty payments will be subject to applicable tax requirements depending on the law of the land or country. You shall provide Smart Moves with all the necessary information and documentation requested by PUBLISHER to comply with the tax requirements including your PAN or any Tax Identification Number. Smart Moves shall have the right to withhold the royalty amount owed to you if the author fails to provide the proper documentation related to the tax, which applies by the law of the land. Any royalty money, which is withheld with Smart Moves, will be released in seven working days once the author provides the above-mentioned documents. You shall have no right to seek reimbursement from Smart Moves for such withholdings.
Pricing.
SMART MOVES may set the default and maximum retail price depending on the different geographical and market condition taking into consideration of cost printing, distribution and other cost involved.
Grant of License and Intellectual Property
Author grant rights and license to Smart Moves for worldwide printing, publishing, distribution, promotion and sales of the books. This must include a nonexclusive, irrevocable rights and license to distribute print books and e‑books directly and/or third party distribution in all formats and by all distribution means adopted by Smart Moves. These rights must include the rights to reproduce, index and store digital books on one or more computer facilities and re-format, convert, and encode the digital books. All Intellectual Property rights of the book(s), which include copyright and all associated rights under the law of copyright remain exclusively with you. Smart Moves does not claim or own any of your Intellectual Property rights of your work or book. Smart Moves and entities in its distribution channels may determine in their own discretion whether and to what extent to make excerpts of your work available.
Versions and Multiple ISBN’s: You grant Smart Moves the right to introduce additional versions of the work as it needs to be available in multiple formats. Accordingly, you grant Smart Moves the right to terminate and reissue individual ISBN’s of the work in each different format that you select.
Possession of Submitted Materials: Smart Moves may retain in its possession all the materials submitted by you and Smart Moves is not obligated to return or store such materials. You also grant Smart Moves the right to compile and use statistical information regarding sales of the work.
Storage and Hosting: You grant Smart Moves the right to copy, reproduce, warehouse, host, store, use, transmit, index,hosting and distribute tangible, electronic copies of the research work in any current or future methods of technology for distribution, marketing and promotion.
Publicity: You grant Smart Moves the right to publicize the information about the work or you including a biographical sketch as well as excerpts from your work at Smart Moves’ discretion in connection with the advertisement, promotion and marketing of your work and SMART MOVES’ services.
Publicity Rights: To provide the Distribution Services, you grant Smart Moves the consent and right to use your name, voice, photograph, image, likeness, distinctive appearance, gestures, or mannerisms.
Excerpts: Electronic excerpts of the work shall be viewable on Smart Moves’ website, or partner or contractor websites that have entered agreements with Smart Moves to facilitate promotion, marketing, distribution, and sales of the work or book.
Free Copies to Media: You grant Smart Moves the rights to provide free review copies to the members of media, including but not limited to, editors, college newspapers, bloggers, professors, television, internet, and radio commentators, and other potential book reviewers at Smart Moves’ discretion for promotion of the work.
Promotional Services/Opportunities/Items: From time to time, Smart Moves may discontinue offering certain promotional Services/Opportunities/Items. Smart Moves 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: Smart Moves shall ensure that the content provided by you is kept confidential. Neither Smart Moves nor any third parties associated with Smart Moves shall involve in any act that would compromise the security of the content before, during and after the work is published.
Timeline: Printing process and its timeline will start only after the book’s final proofreading and editing work is over and approved. Smart Moves shall provide you with the finished work in all formats as soon as possible after it receives all the required materials and required payments from you (author). This period does not include the days in whole or in part due to your delayed response to inquiries or requests of Smart Moves nor does it include days that the work is in the possession of SMART MOVES’ editors for purposes of editing.
Format and Cover Design: Smart Moves shall format and publish the work as specified by you. Smart Moves shall follow your suggestions for custom designed cover of the work provided by you complying with Smart Moves’ cover design guidelines.
Copyright and Title Registration: Smart Moves shall include a copyright notice in accordance with your instructions in each copy of the work.
Term and Termination
The step of termination will only take place in the rare of rarest case. This Agreement comes into force from the Effective Date and extends until it is terminated by us only. The Distribution Services continue to stay in effect until this Agreement is terminated. Smart Moves only is entitled to terminate this agreement at any time without any prior notification. You will be notified of the decision taken about the termination by the means available. We are not bound to provide the reason and the decision will depend on our own discretion. Following the termination or suspension, we will fulfil all the pending customer orders and any royalty due will be paid to you.
Disclaimer of Warranties
Guarantee of Sales: Smart Moves does not guarantee sales of any of the author’s work. Smart Moves also does not guarantee or promise as to the minimum success of the services or the amount or copies of the 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, Smart Moves 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: Smart Moves will not be responsible for retrieving the work from or for any sales of the work in the possession of an entity other than SMart Moves. Smart Moves will not be liable for delays, errors, or non‑performance of services caused by any of SMART MOVES’ vendors or suppliers, like, the failure of a third party to (a) timely remove your work from circulation following Smart Moves’ or your notice to do so, and (b) the failure of any third party to timely update any changes to the work.
Limitation of Liabilities/Remedies
Limitation of Liability: In no event shall Smart Moves 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 Smart Moves or its affiliates’ total liability arising out of or related to this agreement exceed the total amount you paid to Smart Moves under this Agreement.
Indemnification
You agree to indemnify and hold Smart Moves 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. Smart Moves may retain payments due to you until its claims of indemnity have been satisfied or completed.
Notices
All notices to Smart Moves can be sent by email to isbn@smartmovesonline.org and all notices can be sent to any of your registered email addresses that have been used to communicate with Smart Moves in the past.
Assignment
You cannot assign or transfer any of the rights or duties in this Agreement to anyone else. Smart Moves may transfer some of its rights to another related entity to comply with its duties as per this Agreement.
Force Majeure
Both, You and Smart Moves 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.
Legal Proceedings
The Courts in Bhopal (MP), India, shall have exclusive jurisdiction to decide on matters arising out of this Agreement.
If there is any dispute, it should be referred to an Arbitrator appointed by Smart Moves Only. 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 Bhopal, MP, India.
