Williams DocuPrep Self-Publishing Services Agreement
This Agreement (the “Agreement”), is by and between the above named (“You”, “Author”) and Williams DocuPrep/Angeline Williams, henceforth referred to as “Provider”, “Us,” “We,” or “Our” and the individual author named below (“You,” “Your”).
You desire to hire WDP to provide certain creative, publishing, marketing, distribution, and promotional services (the "Services"), with the objective of publishing, selling, and/or distributing a book, in print, digital, video, and/or audio format (the “Work”). The specific Services purchased by You throughout the Term of this Agreement will be set forth in one or more separate "Service Orders," each of which will be subject to the provisions of this Agreement.
This Work for Hire Agreement ("Agreement") is made on the above date between you ("Author") henceforth referred to as "Client" and Williams DocuPrep/Angeline Williams, or "the Company") henceforth referred to as "Provider", for your book ("Work").
Independent Contractor Status. (a) The parties expressly agree and acknowledge that the relationship created by this Agreement is one of Independent Contractor. Contractor is not the employee of the Client. The Contractor agrees to be treated as an Independent Contractor for all employment purposes. Therefore, no payroll deductions for employment taxes or insurance of any kind shall be paid by the Client for or on Contractor’s behalf. Payroll deductions, employment taxes and insurance that are subject to this paragraph include but are not limited to FICA, federal, state, and local income tax withholding; state disability insurance; state unemployment insurance; and workers compensation insurance.
(b) In order to meet State and Federal rules and regulations applicable to Independent Contractor status, the Contractor must meet the following criteria: (i) be engaged in a distinct occupation or business; (ii) perform services without direct supervision; (iii) provide tools & equipment for said services; and (iv) provide business license, and/or Federal I.D. number, or valid Social Security Number.
(c) The Contractor shall not hold himself/herself out to the public as an employee, agent, or partner of or with the Client. The Client is engaged in the business of Client’s Business and is not an employer, partner or joint venture of or with the Contractor.
Materials. The Client agrees to furnish the Contractor with all necessary materials needed to complete the Work described herein. Such materials may include, but are not limited to, podcast files, articles, training documents, client’s products, passwords/logins, marketing collateral, feedback and guidance on what the Client’s objectives are, and other applicable materials, as needed materials.
Warranties: The Author represents and warrants that he or she is the sole author of the Work and is the owner of the copyright to all of its contents; that he or she has not engaged in plagiarism with respect to the Work; that the Work is accurate in all respects, i.e., that if fiction, it represents no real event or person in a way that could be deemed libelous; that if non-fiction, it does not misstate any material fact or omit to state any material fact, the result of which would libel any person or result in a person being placed in a false or damaging light; and that the Work does not infringe upon any statutory or common law right of copyright or privacy of any third party; that he or she is owner of any trademarks and/or trade names associated with the Work; that the Work does not constitute obscenity or hate literature and that the author has the right to enter into this Agreement.
Author Obligations: You are required to review, approve and/or modify various aspects of Your Work during the publication process, including, but not limited to, the appearance or content of the cover, illustrations, the interior of the book, the editorial content, and/ or the Suggested Retail Price of Your Work. PLEASE NOTE THAT THE SUGGESTED RETAIL PRICE IS NOT NECESSARILY THE PRICE OF YOUR WORK TO THE END CUSTOMER, WHICH IS SET BY THE RETAILER.
Obligations and Warranties of Contractor. (a) Upon submitting the Project to the Client, Contractor represents and warrants that the Project (or any part of it)is plagiarism-free and original; complies with all requirements provided by the Client; has not been obtained by unlawful means; has not been previously published in any manner or medium, specifically including but not limited to, print or electronic means.
(b) The Contractor acknowledges and agrees that if they fail to adequately complete the Project by the due date the Client has the sole right to cancel this Agreement; provided that Client must pay Contractor a reasonable prorated amount of the Fees proportionate to that portion of the Project completed to date. If the Contractor fails to meet the Project deadline, they must contact the Client to request deadline extension at least 24 hours prior to the due date. Extension is not guaranteed and can be granted at Client’s sole discretion.
(c) The Project must conform to general readability standards as determined by the Client. Contractor acknowledges and represents that if the Project fails to conform to the general readability standards, the Client has the sole right to request immediate revision of Project, deny payment, and/or cancel this Agreement.
If the parameters of the Project changes, or if it involves much more time than originally estimated, Contractor will inform Client and they can renegotiate compensation. Contractor will bill for half or 1/3 of the total estimated cost when Contractor begins the Work and the rest upon completion. Contractor will submit the final invoice for the Work upon receiving approval from Client. If Contractor has not received any comments or revisions within a week of submitting a completed draft, Contractor will send the invoice.
Contractor is responsible for the payment of all federal, state and/or local taxes with respect to the Work he/she performs for the Client as an independent contractor. The Client will not treat Contractor as an employee for any purpose. Any verbal or written changes made by Client to the scope of the Work following its initiation by Contractor are subject to additional charges. Should such changes negate any part of the Work already completed at the time of the changes, Client accepts responsibility for payment of the completed work and all services related to it, in addition to charges for the change itself.
Editing Services: Our self-publishing service plans includes copy editing and proofreading. Author has the option to refuse editing, however should Author refuse this service, it does not change the price of the publishing plan. If Author refuses editing, we will not edit your Manuscript in preparation of the final Work. Author retains final approval with respect to all suggested editing changes proposed by Us.
ISBN Assignment: Author shall supply ISBN.
Author’s Profits: Service includes POD (printing on demand) setup with KDP and IngramSpark wth worldwide distribution. With POD, your books are printed as they’re ordered, so they’re always listed as “in-stock.” You will earn 100% profits from the sale of your book minus book printing and retail discounts and KDP/Ingram handling fee. Royalties are distributed via KDP and IngramSpark.
Revisions: Each Publishing Plan includes a specified round of free interior revisions. Additional corrections made during the production of the book will incur fees: a base fee of $25 per hour billed in 15-minute increments.
Ghostwriting: Author understands that Angeline Williams is Contractor for hire. All work created concerning the project is purely on a “for hire” basis.
Ownership/Copyright: All original Work created for this project shall be considered “work-for-hire” performed in the United States of America. The copyright for all Work produced under this agreement shall belong to the Contractor until 100% of payment has been received. Upon receiving full payment, the Contractor shall transfer all rights to the Client. Client shall exclusively own in perpetuity all now known or hereafter existing rights of every nature worldwide pertaining to such Work in or as part of any version of the Client’s publications that are published in print or displayed through computer-assisted and other interactive media such as the Internet and World Wide Web (collectively the “Rights”). Contractor hereby irrevocably grants and assigns to the Client all Rights for the Work free from any restrictions and limitations. Should the Client reject the Work all together and does not want Contractor to rework r rewrite the story or for whatever reason chooses to not publish the Work ownership rights of Work shall revert Contractor to do with as she pleases, even publish.
Approval and Signoff: We will provide You with a copy of Your completed Work for Your complete and thorough review prior to publication. If, upon review, you are satisfied that each aspect of Your Work is accurate, complete and otherwise complies with Your objectives, and accepted the Suggested Retail Price, You will be required to do so in writing (email) indicating Your approval in a timely manner. You are deemed to have given final approval of Your Work and the Suggested Retail Price as of the date on which We have receive the email. After Final Approval, You waive any and all claims against Us or Our Affiliates, or Our Contractors arising from or related to any alleged errors, omissions or other content or pricing issues discovered in Your Work after Final Approval. You are responsible for the Fees for any subsequent changes, corrections, or other Services, including Additional Services, requested by You after Final Approval.
Copyright and Title Registration: If you purchased the Copyright Acquisition Service, the rate is $45 plus the cost of the copyright WDP will complete all the back-office information for your title.
ISBN: You must provide ISBN and Barcode. WDP will provide acquisition and back office setup if needed.
Timing of Services: Williams DocuPrep will use commercially reasonable efforts to deliver Services in a timely manner; however, we cannot guarantee that We can provide any Service by any desired deadline, as there may be circumstances beyond Our control.
Third-Party Involvement: Williams DocuPrep works in alliance with Ingram Spark and CreateSpace for digital fulfillment services. The company merely offers publishing services instead of acting as the main publisher. Thus, Williams DocuPrep cannot be legally held accountable for the failure of Ingram Spark or CreateSpace to publish your work on the specified deadline. Furthermore, the author cannot file a complaint against Williams DocuPrep for any issues relating to quality of the published book. Any complaints regarding the deadline and quality of the published word should be directly filed to the Ingram Spark and CreateSpace.
Indemnification: Client agrees to hold Contractor harmless for any such damages that may arise from Contractor’s work product. In no event shall Contractor be liable for any direct, indirect, punitive, incidental, special consequential damages whatsoever arising out of or connected with the use or misuse of her work product. Contractor assumes no responsibility for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever (including without limitation, those resulting from her work product or from:
(1) user or Client reliance on the materials or documents produced
(2) costs of replacement writings, training, or documents
(3) loss of use, data, or profits
(4) delays or business interruptions,
(5) and any theory of liability, arising out of or in connection with the use or performance of Contractor’s work whether or not Contractor has been advised of the possibility of such damages.
Term, Termination. This Agreement will begin on the Effective Date set forth above and shall continue until terminated as provided herein by either party. If either party violates a term of this Agreement, then the other party (the “Non-breaching Party”) may terminate this Agreement, effective immediately upon delivery of written notice of termination by the Non-breaching Party. Notwithstanding the foregoing, either party may terminate this Agreement at any time for any or no reason, effective upon three (3) days written notice. Upon written or verbal cancellation, Client is responsible for payment for all expenses incurred and any Work performed by Contractor toward the completion of the project based on the percentage of project completed. Should Client cancel the project following its completion, Client is responsible for full payment as per the above estimate plus all other expenses incurred.
Disclaimer of Warranties: Sales are not guaranteed. We maintain no control over the subjective purchasing decisions of Consumers or booksellers, and, consequently, we cannot and do not guarantee sales 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 any or all of the services. Except for any warranties or representations explicitly set forth in this agreement, we make no other warranty, and explicitly disclaim all other warranties, conditions, or representations (express or implied, oral or written, whether arising by law, course of performance or dealing, custom or usage in the trade, or otherwise) with respect to the services, or any part thereof, including, but not limited to, all implied warranties (including, but not limited to, the implied warranties of merchantability, fitness, or suitability for a particular purpose (whether or not we know, have reason to know, have been advised, or are otherwise in fact aware of any such purpose), warranty of title, and warranty against infringement of intellectual property rights of a third party.
Complete Agreement: This written Contract contains the sole and entire Agreement between the parties and shall supersede any and all other prior agreements between the parties. This Agreement may not be modified or amended except in writing signed by the party against whom such modification or amendment is sought to be enforced.
Law and Venue: The laws of the State of Georgia shall govern this Agreement and this agreement shall be construed in accordance with the laws of the State of Georgia, without recourse to conflicts of law principles. Recognizing the expense, distraction, and uncertainty resulting from litigation of disputes which may arise under this Agreement, the parties have agreed that except as specifically provided herein they shall submit any and all disputes arising in any way under this Agreement to the American Arbitration Association for final disposition in accordance with its rules, provided that the Arbitrator shall have no authority to award punitive damages.
Notwithstanding the foregoing, nothing in this Agreement shall be deemed to deprive a party of the right to equitable relief in a court of competent jurisdiction respecting rights to its intellectual property or use thereof under this Agreement. Any proceeding under this paragraph shall be brought in the federal or state courts in Georgia. A judgment may be entered in a court of competent jurisdiction based on any award rendered in arbitration or other proceeding conducted by the parties pursuant to this paragraph.
Attorney's Fees: We agree that We will not be entitled to Our attorney’s fees or expenses incurred to defend a claim, unless: (a) You do not opt out as permitted herein, and You initiate a claim against Us or any of Our Affiliates in any court other than Small Claims Court in Clayton County, Georgia, or in an arbitration venue other than as agreed in this Agreement, and We choose to remove the claim to the proper venue; or (b) Your claim is found to be frivolous by an arbitrator or judge.
If you have any questions or concerns with the terms of this agreement, please contact us.
This Agreement (the “Agreement”), is by and between the above named (“You”, “Author”) and Williams DocuPrep/Angeline Williams, henceforth referred to as “Provider”, “Us,” “We,” or “Our” and the individual author named below (“You,” “Your”).
You desire to hire WDP to provide certain creative, publishing, marketing, distribution, and promotional services (the "Services"), with the objective of publishing, selling, and/or distributing a book, in print, digital, video, and/or audio format (the “Work”). The specific Services purchased by You throughout the Term of this Agreement will be set forth in one or more separate "Service Orders," each of which will be subject to the provisions of this Agreement.
This Work for Hire Agreement ("Agreement") is made on the above date between you ("Author") henceforth referred to as "Client" and Williams DocuPrep/Angeline Williams, or "the Company") henceforth referred to as "Provider", for your book ("Work").
Independent Contractor Status. (a) The parties expressly agree and acknowledge that the relationship created by this Agreement is one of Independent Contractor. Contractor is not the employee of the Client. The Contractor agrees to be treated as an Independent Contractor for all employment purposes. Therefore, no payroll deductions for employment taxes or insurance of any kind shall be paid by the Client for or on Contractor’s behalf. Payroll deductions, employment taxes and insurance that are subject to this paragraph include but are not limited to FICA, federal, state, and local income tax withholding; state disability insurance; state unemployment insurance; and workers compensation insurance.
(b) In order to meet State and Federal rules and regulations applicable to Independent Contractor status, the Contractor must meet the following criteria: (i) be engaged in a distinct occupation or business; (ii) perform services without direct supervision; (iii) provide tools & equipment for said services; and (iv) provide business license, and/or Federal I.D. number, or valid Social Security Number.
(c) The Contractor shall not hold himself/herself out to the public as an employee, agent, or partner of or with the Client. The Client is engaged in the business of Client’s Business and is not an employer, partner or joint venture of or with the Contractor.
Materials. The Client agrees to furnish the Contractor with all necessary materials needed to complete the Work described herein. Such materials may include, but are not limited to, podcast files, articles, training documents, client’s products, passwords/logins, marketing collateral, feedback and guidance on what the Client’s objectives are, and other applicable materials, as needed materials.
Warranties: The Author represents and warrants that he or she is the sole author of the Work and is the owner of the copyright to all of its contents; that he or she has not engaged in plagiarism with respect to the Work; that the Work is accurate in all respects, i.e., that if fiction, it represents no real event or person in a way that could be deemed libelous; that if non-fiction, it does not misstate any material fact or omit to state any material fact, the result of which would libel any person or result in a person being placed in a false or damaging light; and that the Work does not infringe upon any statutory or common law right of copyright or privacy of any third party; that he or she is owner of any trademarks and/or trade names associated with the Work; that the Work does not constitute obscenity or hate literature and that the author has the right to enter into this Agreement.
Author Obligations: You are required to review, approve and/or modify various aspects of Your Work during the publication process, including, but not limited to, the appearance or content of the cover, illustrations, the interior of the book, the editorial content, and/ or the Suggested Retail Price of Your Work. PLEASE NOTE THAT THE SUGGESTED RETAIL PRICE IS NOT NECESSARILY THE PRICE OF YOUR WORK TO THE END CUSTOMER, WHICH IS SET BY THE RETAILER.
Obligations and Warranties of Contractor. (a) Upon submitting the Project to the Client, Contractor represents and warrants that the Project (or any part of it)is plagiarism-free and original; complies with all requirements provided by the Client; has not been obtained by unlawful means; has not been previously published in any manner or medium, specifically including but not limited to, print or electronic means.
(b) The Contractor acknowledges and agrees that if they fail to adequately complete the Project by the due date the Client has the sole right to cancel this Agreement; provided that Client must pay Contractor a reasonable prorated amount of the Fees proportionate to that portion of the Project completed to date. If the Contractor fails to meet the Project deadline, they must contact the Client to request deadline extension at least 24 hours prior to the due date. Extension is not guaranteed and can be granted at Client’s sole discretion.
(c) The Project must conform to general readability standards as determined by the Client. Contractor acknowledges and represents that if the Project fails to conform to the general readability standards, the Client has the sole right to request immediate revision of Project, deny payment, and/or cancel this Agreement.
If the parameters of the Project changes, or if it involves much more time than originally estimated, Contractor will inform Client and they can renegotiate compensation. Contractor will bill for half or 1/3 of the total estimated cost when Contractor begins the Work and the rest upon completion. Contractor will submit the final invoice for the Work upon receiving approval from Client. If Contractor has not received any comments or revisions within a week of submitting a completed draft, Contractor will send the invoice.
Contractor is responsible for the payment of all federal, state and/or local taxes with respect to the Work he/she performs for the Client as an independent contractor. The Client will not treat Contractor as an employee for any purpose. Any verbal or written changes made by Client to the scope of the Work following its initiation by Contractor are subject to additional charges. Should such changes negate any part of the Work already completed at the time of the changes, Client accepts responsibility for payment of the completed work and all services related to it, in addition to charges for the change itself.
Editing Services: Our self-publishing service plans includes copy editing and proofreading. Author has the option to refuse editing, however should Author refuse this service, it does not change the price of the publishing plan. If Author refuses editing, we will not edit your Manuscript in preparation of the final Work. Author retains final approval with respect to all suggested editing changes proposed by Us.
ISBN Assignment: Author shall supply ISBN.
Author’s Profits: Service includes POD (printing on demand) setup with KDP and IngramSpark wth worldwide distribution. With POD, your books are printed as they’re ordered, so they’re always listed as “in-stock.” You will earn 100% profits from the sale of your book minus book printing and retail discounts and KDP/Ingram handling fee. Royalties are distributed via KDP and IngramSpark.
Revisions: Each Publishing Plan includes a specified round of free interior revisions. Additional corrections made during the production of the book will incur fees: a base fee of $25 per hour billed in 15-minute increments.
Ghostwriting: Author understands that Angeline Williams is Contractor for hire. All work created concerning the project is purely on a “for hire” basis.
Ownership/Copyright: All original Work created for this project shall be considered “work-for-hire” performed in the United States of America. The copyright for all Work produced under this agreement shall belong to the Contractor until 100% of payment has been received. Upon receiving full payment, the Contractor shall transfer all rights to the Client. Client shall exclusively own in perpetuity all now known or hereafter existing rights of every nature worldwide pertaining to such Work in or as part of any version of the Client’s publications that are published in print or displayed through computer-assisted and other interactive media such as the Internet and World Wide Web (collectively the “Rights”). Contractor hereby irrevocably grants and assigns to the Client all Rights for the Work free from any restrictions and limitations. Should the Client reject the Work all together and does not want Contractor to rework r rewrite the story or for whatever reason chooses to not publish the Work ownership rights of Work shall revert Contractor to do with as she pleases, even publish.
Approval and Signoff: We will provide You with a copy of Your completed Work for Your complete and thorough review prior to publication. If, upon review, you are satisfied that each aspect of Your Work is accurate, complete and otherwise complies with Your objectives, and accepted the Suggested Retail Price, You will be required to do so in writing (email) indicating Your approval in a timely manner. You are deemed to have given final approval of Your Work and the Suggested Retail Price as of the date on which We have receive the email. After Final Approval, You waive any and all claims against Us or Our Affiliates, or Our Contractors arising from or related to any alleged errors, omissions or other content or pricing issues discovered in Your Work after Final Approval. You are responsible for the Fees for any subsequent changes, corrections, or other Services, including Additional Services, requested by You after Final Approval.
Copyright and Title Registration: If you purchased the Copyright Acquisition Service, the rate is $45 plus the cost of the copyright WDP will complete all the back-office information for your title.
ISBN: You must provide ISBN and Barcode. WDP will provide acquisition and back office setup if needed.
Timing of Services: Williams DocuPrep will use commercially reasonable efforts to deliver Services in a timely manner; however, we cannot guarantee that We can provide any Service by any desired deadline, as there may be circumstances beyond Our control.
Third-Party Involvement: Williams DocuPrep works in alliance with Ingram Spark and CreateSpace for digital fulfillment services. The company merely offers publishing services instead of acting as the main publisher. Thus, Williams DocuPrep cannot be legally held accountable for the failure of Ingram Spark or CreateSpace to publish your work on the specified deadline. Furthermore, the author cannot file a complaint against Williams DocuPrep for any issues relating to quality of the published book. Any complaints regarding the deadline and quality of the published word should be directly filed to the Ingram Spark and CreateSpace.
Indemnification: Client agrees to hold Contractor harmless for any such damages that may arise from Contractor’s work product. In no event shall Contractor be liable for any direct, indirect, punitive, incidental, special consequential damages whatsoever arising out of or connected with the use or misuse of her work product. Contractor assumes no responsibility for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever (including without limitation, those resulting from her work product or from:
(1) user or Client reliance on the materials or documents produced
(2) costs of replacement writings, training, or documents
(3) loss of use, data, or profits
(4) delays or business interruptions,
(5) and any theory of liability, arising out of or in connection with the use or performance of Contractor’s work whether or not Contractor has been advised of the possibility of such damages.
Term, Termination. This Agreement will begin on the Effective Date set forth above and shall continue until terminated as provided herein by either party. If either party violates a term of this Agreement, then the other party (the “Non-breaching Party”) may terminate this Agreement, effective immediately upon delivery of written notice of termination by the Non-breaching Party. Notwithstanding the foregoing, either party may terminate this Agreement at any time for any or no reason, effective upon three (3) days written notice. Upon written or verbal cancellation, Client is responsible for payment for all expenses incurred and any Work performed by Contractor toward the completion of the project based on the percentage of project completed. Should Client cancel the project following its completion, Client is responsible for full payment as per the above estimate plus all other expenses incurred.
Disclaimer of Warranties: Sales are not guaranteed. We maintain no control over the subjective purchasing decisions of Consumers or booksellers, and, consequently, we cannot and do not guarantee sales 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 any or all of the services. Except for any warranties or representations explicitly set forth in this agreement, we make no other warranty, and explicitly disclaim all other warranties, conditions, or representations (express or implied, oral or written, whether arising by law, course of performance or dealing, custom or usage in the trade, or otherwise) with respect to the services, or any part thereof, including, but not limited to, all implied warranties (including, but not limited to, the implied warranties of merchantability, fitness, or suitability for a particular purpose (whether or not we know, have reason to know, have been advised, or are otherwise in fact aware of any such purpose), warranty of title, and warranty against infringement of intellectual property rights of a third party.
Complete Agreement: This written Contract contains the sole and entire Agreement between the parties and shall supersede any and all other prior agreements between the parties. This Agreement may not be modified or amended except in writing signed by the party against whom such modification or amendment is sought to be enforced.
Law and Venue: The laws of the State of Georgia shall govern this Agreement and this agreement shall be construed in accordance with the laws of the State of Georgia, without recourse to conflicts of law principles. Recognizing the expense, distraction, and uncertainty resulting from litigation of disputes which may arise under this Agreement, the parties have agreed that except as specifically provided herein they shall submit any and all disputes arising in any way under this Agreement to the American Arbitration Association for final disposition in accordance with its rules, provided that the Arbitrator shall have no authority to award punitive damages.
Notwithstanding the foregoing, nothing in this Agreement shall be deemed to deprive a party of the right to equitable relief in a court of competent jurisdiction respecting rights to its intellectual property or use thereof under this Agreement. Any proceeding under this paragraph shall be brought in the federal or state courts in Georgia. A judgment may be entered in a court of competent jurisdiction based on any award rendered in arbitration or other proceeding conducted by the parties pursuant to this paragraph.
Attorney's Fees: We agree that We will not be entitled to Our attorney’s fees or expenses incurred to defend a claim, unless: (a) You do not opt out as permitted herein, and You initiate a claim against Us or any of Our Affiliates in any court other than Small Claims Court in Clayton County, Georgia, or in an arbitration venue other than as agreed in this Agreement, and We choose to remove the claim to the proper venue; or (b) Your claim is found to be frivolous by an arbitrator or judge.
If you have any questions or concerns with the terms of this agreement, please contact us.
