THE AUTHOR OF THE BOOK, HEREBY UNDERSTANDS & AGREES TO THE FOLLOWING TERMS :
This book Self-publishing Service Agreement will be considered effective from the date on which the book publishing process or book publishing work is started by Prachi Digital Publication on the author’s book. That is, all the terms and conditions mentioned in this book Self-publishing Service Agreement will be considered effective from the day the work on the author’s book will be started. The author certifying that he agrees to the book Self-publishing Service Agreement of Prachi Digital Publication, and that he is sending his manuscript for book publication by e-mail. The author also certifies that he is fully aware that this publication agreement will be effective upon commencement of work on the book.
Prachi Digital Publication is a reputed Self-publishing Service Provider, so all our services are chargeable. We are not committed to providing any kind of free service to the author, so the author must read the Self-publishing Service Agreement carefully available at our website Self-publishing Service Agreement page before publishing his book with us. In most of our plans, we are committed to make the author’s book available at major Indian online stores. If the author wants to sell his book in the international online market, then it is mandatory for the author to pay additional charge for it. Similarly, the author will have to pay additional charges for our other services like editing, proof reading, typing, special interior design, special cover, special character design, sketching, illustration, promotion services, copyright registration, book distribution in the international market. Author wishes to publish his/her work (“Work”) through the Publisher. The Author has approached Prachi Digital Publication with a request to publish and distribute the Works. Upon the request of the Author and based on the above representations of the Author, Prachi Digital Publication has agreed to publish and distribute the Works subject to and in accordance with the terms and conditions of this Self-publishing Service Agreement.
The author is submitting the manuscript of a book or books in his/her own will to Prachi Digital Publication for the purpose of pre-press activities, printing, distribution. Prachi Digital Publication will print and bring into circulation, the manuscript being submitted by the author, within 30 days of the author’s payment getting cleared. The book is sent to press if there are no dues from the author. This will not include the time taken for the books to reach the author by post/ courier. In the rare case that the book is getting delayed to be published for reasons beyond one’s control – like unavailability of paper, flood, acute power crisis, festival holidays, strike of press workers, etc. Prachi Digital Publication will keep the author informed by email/phone and will do their best to get the book published on time. The book can be published in 30 days if author approves book and book cover design for printing, within 1 week of getting the print-ready version of the book and cover design from us. If the author delays in approving the book for printing, the process may be delayed beyond 15-20 days. Does not include the time taken for typesetting and proofreading, if proofreading and/or typesetting are included, additional time would be required.
The author can expect the services from Prachi Digital Publication that are listed in Prachi Digital Publication website prachidigital.in. If additional services not listed in the selected package are available on additional payment (add on).
The author certifies that this work (manuscript) is written solely by him, as maybe required under the Applicable Laws to fully protect Prachi Digital Publication from any and all claims of infringement of Intellectual Property Rights by either such Author(s) or any other Person. The author certifies that the Works (as defined below) are free and clear of any instances of libel, defamation, plagiarism, copyrights violation, breach of privacy or misrepresentation of facts. If all the author’s claims are found to be incorrect, then the author will be responsible for it and those who claim will have to deal with themselves and their level. For which the publisher will have no responsibility.
The author also declares that the the pictures /images / illustration / abstract / clip art used on the book cover and interior pages have been made available by myself (Author). Therefore, if the images used violate the copyright of any person or institution, the author will be solely responsible for it, for which the author gives full consent and agree under Self-publishing Service Agreement. That is, the publisher will not have any responsibility for such matters in the present or future.
At the same time, if the author creates a special cover art or character illustration or story illustration for the book or any event illustration / drawing of the story from experienced publishers and graphic designers. In such a situation, the copyright right of the cover art or picture will remain with the author, because it is made specifically for the author on demand, for which the author is required to pay the charge fixed by the publisher.
Before sending the manuscript of the book for publication, the author also certifies that he/she has already read the Self-publishing Service Agreement carefully on the publisher’s website, and agrees to all the terms of this Self-publishing Service Agreement.
1. AUTHOR WARRANTIES
Author represents and warrants the following to Publisher:-
The author certifies that this work (this includes manuscript, pictures, images, drawings and any other materials submitted to Publisher) is written solely by him, as maybe required under the Applicable Laws to fully protect Prachi Digital Publication from any and all claims of infringement of Intellectual Property Rights by either such Author(s) or any other Person and has the full power, authority and right to enter into this Self-publishing Service Agreement.
This Agreement does not conflict with any other contracts, understandings, or arrangements between the Author and any other person or entity.
The Work is not in the public domain and is entirely original except for portions thereof for which legally effective written licenses or permissions have been secured.
The Work as submitted, and its published by the Prachi Digital Publication, do not and will not violate or infringe upon any personal or proprietary rights, including without limitation copyrights, trademark rights, trade secret rights, contract rights, privacy rights, or publicity rights of any other persons and entities.
The Work and all the rights in Work are free of liens, claims, interests or rights in others of any kind.
If all the author’s claims are found to be incorrect, then the author will be responsible for it and those who claim will have to deal with themselves and their level. For which the publisher will have no responsibility. Also, Publisher shall not have any legal responsibility for Author’s Work.
The Work is not defamatory or obscene, or in any other way illegal; and any recipes, formula, instructions, or recommendations contained in the Work are not and will not be injurious to any reader, user, or third person or organization.
The author declares that the pictures /images / illustration / abstract / clip art used on the book cover and interior pages have been made available by myself (Author). Therefore, if the images used violate the copyright of any person or institution, the author will be solely responsible for it, for which the author gives full consent and agree under Self-publishing Service Agreement. That is, the publisher will not have any responsibility for such matters in the present or future.
At the same time, if the author creates a special cover art or character illustration or story illustration for the book or any event illustration / drawing of the story from experienced publishers and graphic designers. In such a situation, the copyright right of the cover art or picture will remain with the author. Because it is made specifically for the author on demand, for which the author is required to pay the charge fixed by the publisher. As mentioned at the beginning of the publication agreement, the services offered by us are paid.
All information submitted to Publisher is entirely accurate to the best knowledge of the Author.
The author assures that his/her book is not among the follow mentioned categories of books. Prachi Digital Publication does not print and distribute mentioned categories of books:
– Pornographic or obscene books.
– Books propagating the ideology of terrorist groups, anti-government in content or against the interest of the nation.
– Books containing personal attacks, allegations or hatred towards real person(s), organization(s) or communities, books containing legal case histories & solicitations of past, presently continuing or planned future litigation with real person(s), organization(s) or communities.
– Books that postulate, propagate or promote superstition and superstitious thinking, like astrology books, books on palmistry, feng shui, black magic, horoscopes, numerology, Vastu Shastra and other forms of magic remedies.
Content of the Book (Manuscript) is entirely provided and approved by the Author and is publish, print and distribute “as is”. Prachi Digital Publication does not in any manner warrant the accuracy or completeness of, nor endorse the contents or the views or observations therein and notwithstanding anything mentioned elsewhere in the Agreement, the Author shall indemnify Prachi Digital Publication fully for any claims in relation to the content of the Works or violation of any Intellectual Property Rights in or over the content or any part thereof.
Each representation or warranty deemed to be made after the date of this Self-publishing Service Agreement shall be deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is deemed to be made.
2. IF THE EDITOR OR COMPILER & CO-AUTHOR OF THE COMPILATION / ANTHOLOGY
In case of publication of compilation / anthology, if any editor or compiler publishes any compilation / anthology, then publisher Prachi Digital Publication will not have any responsibility or liability for any co-author involved in the compilation / anthology. That is, requests for any amendments to the compilation / anthology or suggestions for any kind of compilation / anthology will not be accepted directly from the co-author, and no communication of any kind will be done by the publisher with the co-author associated with the compilation / anthology. At the same time, if the co-author of the compilation / anthology contacts the publisher directly, then the publisher is not liable to reply to the co-author of the compilation / anthology.
The co-authors associated with the compilation / anthology can request the publisher for suggestions or amendments through the editor or compiler. Printed compilation / anthology copy(ies) will also will be deliver (as per Shipping Policy) to the co-author or editor or compiler upon receipt of instructions from the editor or compiler. In the event of co-author’s mistake of the compilation / anthology or non-acceptance of delivery, the delivery charge or return penalty charge will also be borne by the editor or the co-author will pay the delivery charge or return penalty charge through the editor or compiler and any such In any event, the publisher will not be liable or responsible to any co-author.
The co-authors involved in the compilation / anthology will also be able to complain about courier or delivery (as per the Shipping Policy) through the editor or the compiler. The publisher is not liable to respond when a co-author of the compilation / anthology contacts the publisher directly. The responsibility of replying to the co-authors associated with the compilation / anthology or any other kind of responsibility will be solely with the editor or the compiler.
Overall the publisher Prachi Digital Publication will not be responsible or liable in any way to the co-authors associated with the compilation / anthology in relation to publication of the compilation / anthology. That is, all the responsibility related to the compilation / anthology towards the authors will remain with the editor or the compiler.
The same, in case of compilation / anthology publication only, the royalty accruing from the compilation / anthology will be released only to the bank account of the editor or the compiler as per the book publication agreement. At the same time, from the publication of the compilation / anthology to the sales report, publication budget and any other information related to the compilation / anthology will not be shared with anyone other than the editor or the compiler.
If there is more than one editor or compiler in the any compilation / anthology. In such a situation, all the editors can choose any one editor or compiler as the representative of the compilation / anthology after consultation among themselves. After which, according to Section 2 of the book Self-publishing Service Agreement, all the responsibilities related to compilation / anthology and co-authors will be of the selected editor or compiler’s representative. The book Self-publishing Service Agreement with the publisher will also be signed with the selected editorial or compilers representative and the royalty will also be released in the bank account of the selected editorial or compilers representative.
Also note that if there is more than one editors or compilers in the compilation / anthology, the ISBN will be applied only in the name of the editorial or compilers representative, and only the name of the editorial or compilers representative will be used for any promotion or work related to the compilation / anthology.
At the same time, note also that if the editor or compiler does not properly bear the responsibility to the co-authors, or attempts to evade his responsibility, or to amend the compilation / anthology, or to do any other work relating to the compilation / anthology, or Refers the co-author directly to the Publisher for delivery related works, in any event the Publisher reserves the right to Suspend the sale of the book compiled by the Editor or the Compiler and withhold the royalties accrued. Further, the publisher Prachi Digital Publication reserves the right to terminate the book Self-publishing Service Agreement without giving any notice to the editor or the compiler.
3. REPRESENTATIONS & WARRANTIES OF PRACHI DIGITAL PUBLICATION
Prachi Digital Publication represents and warrants as follows:
Prachi Digital Publication shall make all royalty payments that are stipulated under this Agreement in a timely manner.
Prachi Digital Publication will send sales and earned royalty reports related to the author’s book to the author by e-mail under this Agreement in a timely manner.
Prachi Digital Publication shall not alter, edit, add or delete new features now known or hereafter developed, to the manuscript delivered by the Author in any manner without the prior consent of the Author. Minor typographic errors may, however, be corrected by Prachi Digital Publication without the consent of the Author.
4. AUTHOR’S RESPONSIBILITY FOR ERROR-FREE PUBLICATION
It is the responsibility of the self-published author to provide error free, fully professionally edited and well typed manuscripts in Unicode or Mangal fonts for the book publishing process, because before or after the publication of the book, the Prachi Digital Publication will not be responsible or liable for any kind of mistake in the author’s book. That is, before or after the author’s book is published, the book is published and distributed with grammatical mistakes, or language style mistakes, or any other wording mistakes, or paragraph errors, in such circumstances The publisher will not be responsible or liable in any way, because the publisher processes the book for printing and distribution only after obtaining the consent of the author.
5. PAYMENT AND BILLING
The services at Prachi Digital Publication’s website are paid services. When you choose a service or a product you will be charged for that product or service when you sign up for it. Author shall make all payments for the our all publishing plans or customized self publishing plans (Included with add on services) as per author requirement in 100% advance. If the book publishing process has been initiated by the publisher, the payment made by the author to the publisher will be considered non-refundable, as Prachi Digital Publication and their publishing expert team will provide the author a valuable time for book publishing consultancy and book publishing process. being given. If the author postpones the decision of publication after the publisher has initiated the process of publishing the book, the refund will be made as per the Refund and Cancellation Policy. Therefore, before start publishing process the book and signing the agreement, the writers must do the thinking and think. So that future troubles can be avoided.
The refund rules will follow the Refund and Cancellation Policy for product and services as listed on our website. All payments need to be made to Prachi Digital Publication via account payee bank draft only or pay through NEFT / RTGS, bank draft or directly deposit in the official bank account of Prachi Digital Publication . Authors do not make any payment through any mediator. If the author pays any person or other, Prachi Digital Publication will not be responsible in any way for this. Therefore, the writer should carefully make his payment by observing the bank account details on the official website of the publisher.
6. SUBMISSION GUIDELINES
Author shall follow all submissions procedures as reflected on Publisher’s website or by e-mail. The author will send his manuscript to the e-mail shown on the publisher’s website. Also, note that if the author sends the manuscript through another mediator, or sends it to another e-mail in error, the publisher will have no responsibility if the author’s manuscript is misused. The author himself will be responsible for this negligence. If the publisher feels that the author’s manuscript is not eligible for publication, the publisher will have the right to refuse to publish the author’s manuscript. The decision of the publisher regarding the author’s manuscript will be acceptable, for which the publisher will not require any response to the author.
The copyright and all necessary rights of the author’s published book will remain with the author. The Author gives the publisher the consent / permission / rights to print and publish the work as per the Self-publishing Service Agreement. The author of the book, or his/her nominated family member will be the copyright holder of the book. The author can sell movie rights for this book to any filmmaker or movie producer any time without having to take permission of Prachi Digital Publication, Because the publisher has printed, published and distributed the book according to the publication agreement with the author. Therefore, Prachi Digital Publication will never interfere in this matter. It is a matter of the writer’s own profit or loss. The author can get this book translated in any other language and publish translated version of this book in the same country without seeking permission of Prachi Digital Publication.
8. DISTRIBUTION OF BOOKS
Once the books are printed, they will be made available for sale on online marketplaces Amazon and Flipkart, so that your well-wishers and readers can easily buy your book. The process of listing the author’s book for sale on online marketplaces Amazon and Flipkart may take a 15 days to 90 days depending on the existing workload. The author’s book will be available for sale at the Indian e-commerce store at the national level or at the global e-commerce store at the international level, it’s depend on the plan selected by the author. The author can avail the service separately as per his convenience and budget. It’s notable point that global distribution takes three to six months for an author’s book to be available for sale in well-known online and offline stores and libraries around the world.
If the author opts for the Global Distribution service, then the link to the respective online or offline store will not be provided to the author under Global Distribution, because the metadata of the book is shared by our global distribution partner with its printing partner, library and book store network around the world, so that the book can be printed and delivered to the reader on time on demand. It’s notable that no link is provided by the global partner to the publisher. After the metadata of the book is shared by the network around the world, your book comes in potential searches when the author’s own reader network or other potential readers search online or offline, after which there is a possibility of sale. At the same time, advertising on a global scale by the author also increases the chances of some sales. The statement related to the guarantee of book sales has been mentioned in Rule No. 14.
9. PRICE OF BOOK
The retail price should follow generally accepted publishing industry guidelines. The author can calculate the minimum selling price of the book through the MRP calculator available on the publisher’s website and then can ensure maximum selling price according to his profit. If there is any loss due to this maximum sale price, that any type of loss will be borne by the author. For which the author fully agrees and he has no objection to this.
10. AUTHOR’S COPIES
Author copies will be dispatched (within 15 days of publication) to the author by courier or India Post as per the publication plan selected by the author. For which the author will not have to pay any payment and shipping charges. If the author demands additional copies of himself, they can get additional books at subsidized cost. The author’s attention is again drawn to the fact that, According to this scheme, Author copies will be dispatch to the author within 15 days of publication. For which no postal / courier charges will be taken from the author. After the book is published, if the authors want to get additional books in future, they can get additional books at subsidized cost.
That is, additional books will be made available to the author at a subsidized cost. The author will be given at Subsidized Cost only if the author orders at least 30 copies. If the author orders books less than 30 copies, then books will be provided to him at the fixed maximum selling price. The author is also required to pay shipping charges (courier or postage charges) for the delivery of additional books. Additional copies will be made available by the publisher on demand within 15-20 days, at Subsidized Cost for the author.
11. SELLING RIGHT OF AUTHOR
As the cost of printing and publishing is beard by author solely, so he or she has full authority and right to sell independently all the copies given to him or her as free copies or paid copies on behalf of publisher.
12. ROYALTY PAYMENTS
On sell of the per book, publisher shall pay the author hundred percent (100%) royalty share of net profit or will be paid as per royalty mentioned in the customized plan (Plan as per requirement of the author) made available to the author. Net profit are the payments that publisher actually receives from sales of book or distributor or distributor network, after deducted the book production cost, packing material cost, distribution charges, returns, taxes, credit / debit card facilitation charges, other fixed marketplace charges, shipping and handling charges. If the books are sold to the author or the author has received the books at subsidized cost, then in such a situation no royalty will be paid to the author. Publisher shall pay author all royalties earned on a quarterly basis, within forty (40) days after the end of each calendar quarter in which the Author earned a royalty. Payment of royalties to the author will be done by check or NEFT/RTGS.
Royalty payment deadline by Prachi Digital Publication is as follows- January – March royalty payment within 40 days after the end of March month, April – June royalty payment within 40 days after the end of June month, July – September Royalty payment will be made within 40 days after the end of September month, Royalty payment for October – December will be made within 40 days after the end of December month.
13. STATEMENTS / REPORTS
The publisher shall provide the author with a quarterly statement detailing net copies sold and net revenues after publication of the works, along with quarterly royalty payments details. Reports and payments shall be delivered to the Author by the Publisher no later than the final business day of each calendar quarterly on an ongoing basis. The reports will be delivered to Author electronically via Excel, pdf document or text file.
Also, note that if the author’s book is not sold in any quarter, then the sales statement or any other type of e-mail or message will not be sent to the author about that quarter. That is, any sales report / statement or any type of e-mail or message related to the same quarter will be sent to the author, if the author’s books will be sold in that quarter (even if a single book is sold).
The author must respect the Sales report of Prachi Digital Publication. Because, too, sales reports are sent to us by our respectable distributors, retail sellers. For which we also have to rely on the sales report provided by them. You will also have to believe that there is faith, only then you can work, if you do not believe then you can not do anything. If you are unable to believe the sales report sent by us then you can order the total books published according to your package / balance inventory. After this, we will also be removing the sale of all your books from the partner stores. and terminate your book publishing contract. Also ensure that no refund will be issued by the publisher to the author, as the package payment made to the publisher/author is non-refundable. And also note that all services (such as designing, layout, unlimited inventory management with other services available as per the package) related to self publishing have been provided to the author for the publication package amount.
14. GUARANTEE OF SALE
First of all let us tell you that Prachi Digital Publication is a Self Publishing Service Provider, not a Best Seller Service Provider or Bookseller and nor do we give any guarantee to be the best seller of any author’s book. As a Self Publishing Service Provider, we only guarantee that your book will never go out of stock, and also guarantee payment of royalty within the stipulated time frame as per the Self Publishing Service Agreement.
Prachi Digital Publication do not guarantee the sale of the author’s book, because We can not control the subjective purchasing decisions of consumers or booksellers. We cannot and do not guarantee sales of the work. We make no guarantees or promises as to the minimum success of the services or the amount of book sales which may result from any or all of the services.
Therefore, If the author’s book is not sold then there is no responsibility for Prachi Digital Publication. According to another fact, online store such as Flipkart, Amazon, also do not give any guarantee of sales to the publisher. So, for which the authors will never make any claim on the Prachi Digital Publication in the future and present.
The author’s attention is again drawn to the fact that if the author’s book is not sold, then the publisher will have no responsibility in it, because the publisher is merely providing services to the author. The author’s books will be made available for sale by the publisher only on leading online stores in India, such as Flipkart, Amazon.
Prachi Digital Publication is a self-publishing publisher, so all the services we operate are paid, that is, all the services we operate are not free. As per the publication agreement Prachi Digital Publication will not be promoted on Google, Facebook, Flipkart, Amazon or any other platform for any author, as it is charged by Google, Facebook Amazon or Flipkart. Promotion services are add-on service, the author can take advantage of this by paying a charge. Promotion charge is not included in all the book publishing schemes we run, ie Prachi Digital Publication is committed to make the author’s book available on major Indian online marketplaces such as Amazon and Flipkart. For any type of promotion services, the author has to pay an additional charge. The publisher does not in any way guarantee that the book will remain best selling after the promotion charge.
16. TERM OF AGREEMENT
The term of this Self-publishing Service Agreement will begin on the date of this Agreement, and shall continue thereafter until terminated in writing by one of the parties, or as provided in Section 18 below. If the agreement terminated by the author, but the publisher already has a printed book in stock. In such a situation the author can pay for the remaining books in the stock and get them. If the author does not pay for the remaining books in the stock, the publisher can recover his loss / printing cost by selling the remaining books in the stock at a discounted price. For which the author will have no objection nor will the author lay any claim on the Prachi Digital Publication.
17. AMENDMENT OF AGREEMENT
The publisher reserves the modification right that the publisher may modify any rule or part of the Self-publishing Service Agreement any time and add a new rule or part as per time / condition. Any changes or updates to the Self-publishing Service Agreement will be published on the publisher’s official website at Self-publishing Service Agreement. Notice of any new updates will be provided to the author by e-mail or official Authors WhatsApp group. The new updated Self-publishing Service Agreement published on the official website of the publisher will be deemed to be automatically effective on all old Self-publishing Service Agreements (Self-publishing Service Agreements with previously published authors). The author has read the agreement thoroughly before the self-publishing process of the book and the author agrees that any new updates to the Self-publishing Service Agreement in the future will be accepted or accepted by the any new updated agreement published on the publisher’s official website of the publisher, If the author wishes to continue to use / benefit from the self publishing services of Prachi Digital Publications in future. It will be automatically acceptable for the new / old author and the author to continue self-publishing services or to be connected with the publication, the updated Self-publishing Service Agreement published on the official website.
Under this Self-publishing Service Agreement, the author also accepts that calculation of 100% royalty, cost of author copies and minimum selling price are subject to change as per present or future market conditions, change in service charges related to packing & delivery and production cost reduction or increase on the book, availability of paper used in the book, increase in printing service charges by Partners Printing Press/Company. Therefore, the publisher will not be responsible for any accountability to any author or institution under any circumstances, which may be differentiated between the calculations author have made in the past or present and the calculations make in the future. The author has fully understood the formula of 100% royalty share, for which the author has no objection whatsoever, and the author accepts all the terms and conditions of the Self-publishing Service Agreement.
Along with this, the author also agrees with the following below points in the Self Publishing Service Agreement and author accepts the below terms and conditions :
– If the production cost of the book increases due to reasonspresent or future market conditions, change in service charges related to packing & delivery and production cost reduction or increase on the book, availability of paper used in the book, increase in printing service charges by Partners Printing Press/Company anytime in future or present, then the publisher will have full right to increase the maximum selling price of the book. It will be the duty of the publisher to inform the author before increasing the maximum selling price of the book.
– If the maximum selling price of the book is not increased by the publisher according to the future market conditions, or if the increase in the maximum selling price is not allowed by the author, then the author will get royalties as per the same market conditions in the future will be provided.
– Any addition or amendment to the Self-Publishing Service Agreement by the publication will be published on the publisher’s official website. The author agrees to the new revised and updated self-publishing service agreement updated on the website.
At the same time, the author also agrees that if the author does not agree to the printing cost revision or royalty revision or newly updated Self-publishing Service Agreement published on the publisher’s official website, the author may stop using the services and products. In such a situation, the publisher may terminate this Self-publishing Service Agreement immediately and the publisher will not be entitled to give any kind of refund or money to the author. Rather, The author will be required to pay for the remaining books in the inventory according to the Self-publishing Service Agreement, so that the remaining books can be delivered to the author in a timely manner. If no objections are made by the author after receiving the updated Self-publishing Service Agreement published on the publisher’s official website, then that agreement will be considered as ‘accepted’. In such a situation the publication or other services of the author will continue smoothly.
This Self-publishing Service Agreement shall not be terminated by either Party except in the following cases:
-In case of a material breach of any terms (including the representations and warranties) of this Agreement by a Party (“Defaulting Party”), the other Party (“Non Defaulting Party”) shall, subject to a prior written notice of 60 (sixty) days, be entitled to terminate this Agreement provided that such breach has not been remedied by the Defaulting Party within the 60 (sixty) days’ notice period. On failure to remedy the breach, the Non Defaulting Party shall be entitled to terminate the Agreement with immediate effect. Either Party may terminate this Agreement with immediate effect by issuing a written notice if the Other Party:
-files a voluntary petition in bankruptcy or insolvency;
-makes a general assignment of all its rights in its assets for the benefit of its’ creditors;
-has a receiver or trustee to be appointed for its business or property, or
-is adjudicated bankrupt or insolvent,
Prachi Digital Publication reserves the right to terminate any Self-publishing Service Agreement in cases:
-If the author attempts to harass or blackmailing or abusing the publisher or publisher’s employees by phone calls or e-mail or whatsapp or by coming to the office without reasonable cause, the publisher shall have the right to terminate the Self-publishing Service Agreement by giving 30 (thirty) days prior written notice to the author.
-In future any new terms are added or the rules are updated in the Self-publishing Service Agreement, which will be updated on the Agreement page available on the official website of the publisher. If the Author refuses to accept them, Prachi Digital Publications shall have the right to terminate this Agreement by giving 30 (thirty) days prior written notice.
-If due to any change in law, rules, regulations, policy or procedures or any other aspect, condition or circumstance over which the Parties have no control and the business becomes unprofitable or unfeasible in the opinion of either Party, then such Party shall be entitled to terminate this Agreement by mutual consent in writing.
-If the author does not wish to take advantage of the self-publishing services provided by the Prachi Digital Publication in future, the author may terminate the self-publishing service agreement by giving thirty days’ notice to the publisher.
19. EFFECTS OF TERMINATION
Upon termination or expiry of the Term of this Agreement:
For a period of 90 (ninety) days or until the books remaining in the publisher’s stock have sold following termination or expiry of the Term of this Agreement (“Closure Period”), Prachi Digital Publication shall be entitled to use the Works and continue to exercise all its rights as granted hereunder.
The termination or expiry of this Agreement shall not affect any accrued rights, pending obligations or liabilities of either Party as on the date of such termination or expiry and the Parties shall fulfill and perform and shall be responsible and liable for all their obligations so incurred prior to such date, unless the nature of, and/or reason for termination dictate otherwise, or the Parties agree otherwise. Such termination or expiry shall not affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination or expiry.
If Author terminates this Agreement before expiry of its Term for the reasons not attributable to Prachi Digital Publication or The author does not wish to renew after the Self-publishing Service Agreement expires and at the time of such termination, the Books of the Author remaining in Stock, the Author shall pay for the Books remaining in Stock. The publisher will deliver the books remaining in stock to the author after payment is received. If the author does not buy the remaining books in stock then Prachi Digital Publication will continue to sell the remaining books in stock to recover the cost of books remaining in stock.
No refund or payment of any kind will be given by the publisher for publishing charges or other add on services after the book publishing service agreement is terminated. The publisher has provided services for publishing charges and add-on service charges, as well as delivered printed books to the author. For more information, see the refund policy on the publisher’s website. The Publisher shall pay only the royalties earned by the Author in a time bound manner as stipulated under this Agreement.
Survival : All rights and obligations that by their nature or as stated to continue beyond termination will survive.
The rights and remedies provided herein to the Parties shall not be exclusive and are in addition to any other rights and remedies available to the Parties under law.
Both Parties (Publisher and Author) agree to not disclose Confidential Information to any third party except with the prior written consent of the other Party. Both the Parties undertake not to divulge or communicate to any Person (unless required by Applicable Law) or use or exploit for any purpose whatsoever, any Confidential Information which any Party may receive or obtain as a result of entering into this Agreement. This obligation and restriction on both the Parties shall continue to apply for a period of one years after the termination or expiry or early determination of this Agreement.
Author agrees to fully indemnify, defend and hold harmless Publisher and its affiliates from and against any losses, lost profits, damages, liabilities, judgments, awards, decrees, settlements, or expenses (including without limitation, reasonable attorney’s fees and court costs) arising from, connected with, or by reason of any breach or alleged breach of any of the representations and warranties set forth above, but the Author shall not be liable for any matter inserted in the Work by Publisher or its licensees. All warranties and indemnifications made by the Author herein shall survive termination of this Self-publishing Service Agreement or any license under this Agreement.
“Affiliates” means owners, shareholders, officers, directors, employees, parents, subsidiaries, affiliated companies, licensees, distributors, advertisers, Internet service providers, attorneys, and accountants and any other person or entity to whom Publisher extends its license or warranties to in connection with the production, dissemination, transmission, promotion, publication, or distribution of the Work or the exercise of any rights in the Work or derived from the Work.
Any disputes arising out of or relating to any agreement related to this agreement or rights or obligations of the parties here under shall be referred to under the provisions of the Indian Arbitration and Conciliation Act, 1996. The arbitration panel comprises three arbitrators, of which each Party appointed one arbitrator and the two arbitrators appointed as the third arbitrator (“Arbitration Panel”). The arbitration will be done in Meerut, Uttar Pradesh, India. The award of the arbitration panel will be final and binding on the Parties. The liability to pay the costs of the arbitration will be decided by the arbitration panel.
23. GENERAL PROVISIONS
This Agreement shall be governed by the laws of the Meerut, Uttar Pradesh, India and all parties consent to venue and jurisdiction in the courts of the Meerut, Uttar Pradesh, India to adjudicate any and all claims arising out of this Self-publishing Service Agreement.
Any dispute or disagreement arising under this Agreement, or any matter incidental thereto shall be submitted to a sole Arbitrator to be nominated by Prachi Digital Publication. Such arbitration proceedings shall take place in Meerut, Uttar Pradesh, India, India, subject to the jurisdiction of the local courts in Meerut, Uttar Pradesh, India, India, under the Arbitration and Conciliation Act of 1996.
(Kindly Note : Rule No. 2 of Self-publishing Service Agreement are not applicable to the Editors or Compilers who are appointed for the in house compilation / anthology compiled, organized and published by Prachi Digital Publication. Also not applicable to the co-authors involved in the in-house compilation / anthology.)