PUBLISHING Services terms/conditions

These Terms/Conditions cover the obligations by both parties once BelieversBookServices is contracted to offer custom publishing services. These Terms/Conditions govern the services between the Customer and BelieversBookServices, 2329 Farragut Ave., Colorado Springs CO 80936 (“BBS”). These terms and conditions spell out the detail for each service we offer. An individual publishing agreement for custom publishing will act as the binding contract for services. This publishing agreement will covers the parties’ specific obligations regarding the publishing of Customer’s Book (the “Book”), the title of which is listed at the end of this Agreement.

1. OWNERSHIP OF BOOK

Customer at all times retains one hundred (100) percent of all right, title, and interest in and to the Book and its contents, including all copyrights, trademarks, derivative rights, and other intellectual property associated with the Book, including but not limited to any source files, production files, cover art, interior formatting, or anything else created by BelieversPress for Customer’s Book pursuant to this Agreement (“Intellectual Property”).

Customer’s derivative rights include but are not limited to: (a) translation rights; (b) abridgment rights; ( c) serial rights; (d) merchandising rights; (e) stage, film, television, video, radio, dramatization, and documentary rights; (f) picture book rights; (g) electronic publishing rights; (h) publication, sale, and distribution rights in relation to the Book and/or any part thereof in all editions and in all languages; (i) exploitation rights in relation to the Book in any other form as may be invented in the future; and the right to sell, resell, license, or re-license to any one or all of the foregoing.

At any time, Customer can demand copies of all Intellectual Property, which BBS shall send within ten (10) business days so long as Customer has paid all outstanding monies owed to BBS. All electronic files will be made available for download electronically, and any printed copies of Customer’s Book or other non-digital Intellectual Property in BBS’ possession will be sent to Customer within ten (10) business days (Customer will be responsible to pay all shipping/postage charges).

2. LIMITED LICENSE TO PUBLISH

For Print and eBook Formats

Customer hereby grants to BBS the non-exclusive, worldwide license to print, publish, distribute, and sell the Book in print and eBook form (if Customer requests and purchases separate eBook layout) in the English language on behalf of Customer. Customer also grants to BBS the right to make excerpts from the Book viewable on BBS’ website, or third-party websites that have entered into agreements with BBS, in order to facilitate sales of and publicity for the Book.

During the term of this Agreement, Customer grants BBS the right to store, use, transmit, and distribute electronic copies of the Book as required to facilitate the printing and distribution process. This grant includes BBS’ vendors, distributors, and third-party retailers.

Title and Customer Information

BBS may post pertinent information about Customer and the Book on BBS’ website and third-party websites (e.g., Amazon.com, distributor’s website) during the term of this Agreement. Such information may include the Book’s cover, Customer’s name and picture, description of the Book, and other related information. Customer reserves the right to have BBS remove said information from BBS’ website at any time.

Storage of Book Files

Upon termination, BBS will store cover and/or interior source files of Customer’s Book for one year after termination. Said source files will be made available for Customer to download from BBS’ website, or can be sent to Customer electronically if Customer submits such a request to BBS. The source file(s) will consist of the most recent file approved by Customer.

Customer Maintains All Other Rights

All rights associated with the Book (except BBS’ limited right to publish the Book on Customer’s behalf), including movie, television, radio, foreign, and all other derivative rights, belong to Customer only.

3. TERMS OF THE AGREEMENT AND TERMINATION

The Agreement shall continue until either party terminates pursuant to the terms set forth herein or until the Initial Term or any Renewal Term expires. The terms of this Agreement only cover the publishing process. Other services from BBS have separate term dates.

The “Initial Term” commences upon the execution of a signed/paid invoice which includes the terms and conditions set forth in this Agreement and continues for one (1) year from the date Customer’s Book data is submitted to any distributor (the “Submission Date”). The “Renewal Term” commences upon the anniversary of the Submission Date each year. Renewal fees are set forth later in these terms and conditions.

Upon renewal of this Agreement (after the expiration of the Initial Term or any subsequent Renewal Term), Customer acknowledges that the Agreement may have changed, and that he/she must agree to the updated Agreement in order to renew. Payment of any renewal fees (if applicable and spelled out in each section) constitutes agreement to and acceptance of the current Agreement at the time of renewal.

a. Termination by Customer

Customer may terminate this Agreement at any time and for any reason by providing written notice via email, fax, or certified mail. If Customer terminates prior to the commencement of the publishing process, Customer shall receive a full refund of all monies paid. “Commencement of the Publishing Process” is defined as (1) Customer’s submission of his/her manuscript (by uploading to BBS’ website or sending to BBS via email), (2) Customer’s submission of the “Getting Started” questionnaire and/or marketing questionnaire via the BBS website, and/or (3) the passing of twenty (20) days since Customer executed this Agreement.

If Customer terminates after commencement of the publishing process, Customer will receive a refund as set forth in Addendum A to this Agreement. Once BBS commences the layout of Customer’s Book, no refunds will be given. “Commencing the Layout” is defined by Customer submitting the interior layout questionnaire to BBS.

All refunds will be made by BBS within thirty (30) business days after the notice of termination has been provided by Customer. BelieversPress has ten (10) business days to send all intellectual property to Customer upon Customer’s request.

Termination of any other services provided by BBS is set forth in the terms and conditions for those services, under a separate agreement(s).

b. Termination by Publisher

BBS may terminate this Agreement and publication of the Book without cause, upon written notice to Customer if, in BBS’ judgment, the Book may subject BBS to the risk of litigation or other adverse commercial consequences. In no event will BBS be obligated to publish a book of any kind, including but not limited to those which, in its opinion, violate the common law or statutory copyright, or the right of privacy of any person, or contain libelous or obscene material. Further, if BBS deems the content of the Book to promote hate, violence, or illegal activities, BBS can terminate the Agreement and will immediately refund all monies paid by Customer for services not yet commenced.

BBS may elect to terminate this Agreement upon the expiration of the Initial Term or any Renewal Term, and BBS will provide Customer with contact information for alternate distribution options.

BBS may terminate this Agreement if Customer owes BBS any monies for additional services, distribution fees, or any other service (e.g., returns, cover revision fees, interior revision fees, etc.) and has not paid BBS within ten (10) business days of receiving an invoice from BBS either through the mail or via email.

c. Return of Customer’s Intellectual Property

Within ten (10) business days of termination of this Agreement by either party, BBS shall return all of Customer’s Intellectual Property created by BBS. All Intellectual Property will be sent electronically.

4. SERVICES PROVIDED BY PUBLISHER

Every BBS service is to be paid in advance by the Customer via credit card, certified check, or money order. (If Customer chooses to pay with a regular bank check, Customer acknowledges that services will not commence until said check is cleared by Customer’s bank.)

Customer acknowledges that all steps in the publishing process must be completed through Customer’s unique account in BBS’ project management system. If Customer fails to submit any materials, revisions, etc., through the project management system, the publishing process cannot proceed.

Customer acknowledges that he/she will not be able to complete any steps in the publishing process until he/she completes the required questionnaires and submits them to BBS. Once this questionnaire has been completed, Customer may proceed to the initial upload manuscript step.

a. Initial Manuscript Upload

When Customer places his/her order for each service, Customer is responsible for listing the word count of Customer’s Book, as well as the number of images to be included in the interior of Customer’s Book.

The publishing package covers the layout cost for a manuscript containing up to 75,000 (seventy-five thousand) words. If Customer’s manuscript exceeds 75,000 words, each additional word will incur additional fees as set forth on the order page, and in this agreement.

Customer may include up to twenty (20) images in his/her book at no additional charge. For all additional images/photos, the interior layout charge is $4.00 (four dollars) per item, which must be paid to BBS prior to the insertion of the images.

When Customer initially uploads the Book and any associated images, BBS will assess Customer’s word and image count to ensure that the figures entered by Customer at the time of order placement are accurate. Customer acknowledges that, if Customer entered fewer words and/or images than are present in Customer’s manuscript and said words/images exceed the amount included in each publishing service, Customer will be notified by BBS to pay the additional fees (described above). Customer further acknowledges that the publishing process cannot commence until he/she pays the additional formatting fees.

b. Editing

See Addendum E.

c. Front Cover Design

Once Customer completes the pre-cover design questionnaire and book cover design questionnaire, and uploads any images for the front cover, BBS shall assign a book cover designer who will create two (2) original book cover concepts within ten (10) business days. Upon upload, BBS reviews cover design concepts to ensure that they adhere to industry standards and comply with Customer’s requests (per the cover design questionnaire). If BBS approves the cover concepts, they will be sent to Customer for review. BBS will notify Customer if BBS rejects the cover concepts (i.e., concepts fail moderation). Customer acknowledges that, should the cover concepts fail moderation, BBS has two (2) additional business days to upload the revised concepts.

Customer may include photos and other images for use in Customer’s book cover design. If Customer submits photos/images to BBS, Customer acknowledges that he/she owns the rights to said images. If Customer doesn’t provide photo(s)/image(s), BBS’ cover designers, in order to create the most compelling cover concepts, may select a photo/image that requires a one-time licensing fee for unlimited and continuous use by Customer. Most unlimited licensing fees are $50.00, some may be slightly higher. If Customer declines to pay the licensing fee, the designer will create another cover concept that does not contain photos/images that require a licensing fee.

Customer is responsible for selecting a trim size, cover finish, and interior paper type available to Customer per the publishing package that was purchased. Customer acknowledges that if he/she is using Print-on-Demand (POD) services the cover finishes and paper options will be limited. If Customer selects a cover finish that is not available to him/her, Customer acknowledges that he/she is responsible for the cost to revise the Book.

Once the two book cover concepts are completed, they will be provided to Customer for Customer’s review. Customer acknowledges that the cover design process cannot proceed until such time as Customer approves one concept. Once Customer selects one of the cover concepts, Customer shall have the opportunity to make suggested revisions to the cover. Customer acknowledges that he/she must submit all revisions through the project management system in the format specified therein. Each cover design includes up to three (3) rounds of revisions. Each round of revisions consists of five (5) changes. Each round of revisions may take up to five to seven (5-7) business days.

If Customer wishes to change the cover from paperback to hardcover (or vice versa) after Customer has submitted the cover design questionnaire, but before Customer has approved the interior layout, Customer must notify BBS in writing and pay a fee of $150.00 (one hundred fifty dollars). If Customer wishes to change the trim size after submitting the cover design questionnaire, but before commencing the interior layout process (e.g., uploading manuscript in the layout step and/or submitting the pre-layout or interior layout questionnaire), Customer must notify BBS in writing and agree to pay a fee of $150.00 (one hundred fifty dollars).

If Customer has any photos or artwork to be used on the cover, Customer warrants that he/she has the unequivocal right, title, and interest in said photos or artwork to place said photos/artwork on the Book’s cover.

BBS uses its best efforts to create a professional book cover based on Customer’s answers to the book cover design questionnaire. If Customer does not like either cover concept, Customer, at his/her expense, may hire his/her own cover designer or pay BBS an additional $250.00 (two hundred fifty dollars) for one (1) additional cover concept by a different designer. Customer acknowledges that BBS can make no guarantees that he/she will like the cover concepts presented.

After Customer approves the final front cover design, and/or after the third round of revisions to the chosen cover concept, any future changes to the cover design before Customer approves the electronic proof copy of the Book will be billed per round. Each additional round of revisions includes five (5) changes, and costs $100.00 (one hundred dollars). Additional rounds of revisions can take five to seven (5-7) business days per round. For changes after the electronic proof stage, see Section 4 (g) of this Agreement.

If Customer wishes to make more extensive changes to the cover (e.g., change images, alter colors, make editorial changes to the text, etc.), Customer acknowledges that the fee is $75.00 (seventy five dollars) per hour, with a minimum $50.00 fee.

If Customer chooses to submit their own cover design to be used in conjunction with another service (printing), Customer must provide a ready-to-print cover file (which includes cover, spine, embedded bar code, and back cover) per the EXACT specifications as laid out by BBS. Any work on Customer’s cover, spine, or back cover by BBS will be quoted and charged on a case by case basis. Customer further acknowledges that BBS will not consult with Customer’s outside designer other than providing the appropriate spec sheet to Customer, reviewing the file Customer submits to BBS to ensure that it complies with the spec sheet, and notifying Customer if the file (created by Customer’s outside designer) is not in compliance.

If BBS notifies Customer that his/her file does not comply, it is Customer’s responsibility to provide an updated file. Customer acknowledges that it is his/her responsibility to ensure that his/her outside designer knows how to use appropriate design programs (i.e., Adobe Photoshop, InDesign, etc.), and that BBS will not provide Customer or Customer’s designer with instructions regarding use of the design programs themselves. If BBS consults with Customer or Customer’s designer regarding correct use of the design files or file set-up (other than indicating why a file fails to comply with printer standards), Customer acknowledges that a fee of $75/hour will be assessed.

D. Interior Book Layout

Customer must submit his/her Book as set forth in these terms, which includes preparing the Book per BBS’ book formatting instructions as set forth on BBS’ website and attached as Addendum B hereto. Customer must submit the Book per the formatting instructions in order for the layout process to continue. Customer acknowledges that the interior layout process cannot commence until Customer has approved the front cover for Customer’s Book.

If Customer chooses book editing services (per the terms set forth on BBS’ website), Customer acknowledges that the book editing process will be completed prior to the commencement of the book layout.

The interior layout/typesetting service is billed by the word at $.025 per word, unless the layout is deemed be complex.

Customer may include up to twenty (20) images in his/her book at no additional charge. For all additional images/photos, the interior layout charge is $4.00 (four dollars) per item, which must be paid to BBS prior to the insertion of the images.

When Customer uploads the Book and any associated images for interior layout, BBS will assess Customer’s word and image count to ensure that additional formatting fees are not owed by Customer. Customer acknowledges that, if Customer entered fewer words and/or images than are present in Customer’s manuscript and said words/images exceed the number included in each publishing package (and Customer has not already paid the additional formatting fees), Customer will be notified by BBS to pay the additional fees (described above). Customer further acknowledges that the publishing process cannot commence until he/she pays the additional formatting fees.

BBS shall deliver a sample one-chapter layout of the interior of the Book based on the book layout options Customer chooses as set forth in the interior layout questionnaire. BBS will provide said sample layout within five to seven (5-7) business days of Customer’s submission of the interior layout questionnaire, properly formatted electronic version of the manuscript, and any interior images that Customer wishes to include in his/her book. Upon upload, BBS will review the sample chapter to ensure that it adheres to industry standards and complies with Customer’s requests (per the interior layout questionnaire). If BBS approves the sample chapter, it will be sent to Customer for review. If BBS rejects the sample chapter (i.e., it fails moderation), BBS will notify Customer. Customer acknowledges that, should the sample chapter fail moderation, BBS has two (2) additional business days to upload the revised sample chapter.

Customer acknowledges that it is his/her responsibility to log in upon email notification by BBS and review the sample chapter. Customer further acknowledges that revision of said sample chapter is the only time that Customer may change font size, leading, margin size, kerning, or any other design element without incurring additional charges. If Customer wishes to make editorial changes to the sample chapter, Customer agrees to be billed at a rate of $75.00 (seventy-five dollars) per hour, with a minimum fee of $50.00 (fifty dollars). Further, Customer acknowledges that if he/she wants specialized fonts other than those available at BBS, Customer is responsible for obtaining them and providing the relevant font files to BBS, or for the cost paid by BBS when purchasing the desired fonts on Customer’s behalf.

Each typesetting service includes one (1) round of revisions to the sample chapter. Each round of revisions consists of up to twenty-five (25) changes. Each additional round of revisions to the sample chapter includes ten changes, and costs $100.00 (one hundred dollars). Additional rounds of revisions can take five to seven (5-7) business days per round. For changes after the electronic proof stage, see Section 4 (g) of this Agreement.

Customer must submit all revisions to the sample chapter in the format described on the revision page. Once BBShas received Customer’s changes and Customer has approved the sample chapter, BBS will present the complete interior layout within fifteen to twenty (15-20) business days. Customer ack acknowledges that one (1) round of up to twenty-five (25) minor revisions (as defined in Section 4 (c ) (1)of this Agreement) is included with the service.

At any time after Customer approves sample chapter, if he/she requests design-related revisions (i.e., trim size, font size, margins, leading, kerning, etc.) such changes will be billed at $75.00 (seventy-five dollars) per hour (minimum $50.00 charge).

BBS allows Customers full control over layout, font choices, table of contents, index, margins, chapter headings, spaces, paragraph breaks, etc.

Customer acknowledges that if he/she requests revisions to the interior layout at any point in the publishing process, text and/or images throughout Customer’s Book may shift. It is Customer’s responsibility to review the entire file prior to approving. BBS will not be held liable if Customer approves an interior where text and/or images have shifted as a result of Customer-requested revisions.

Further, Customer acknowledges that BBS will make its best effort to comply with the timelines set forth in this Agreement. If, however, Customer submits an extensive list of revisions, Customer acknowledges that BBS may require additional time to complete said changes. If BBS requires additional time, BBS will notify Customer in writing (and include a revised deadline). The Customer can then decide whether to proceed with the changes, or to re-submit a different revision list.

Customer acknowledges that layouts for books that have more illustration than text (art, design, lifestyle, or “coffee table” books), children’s books, and cookbooks will require an additional fee starting at $.01 per word, for specialized layout services. BBS will make Customer aware of any additional layout fees up front. If the additional layout fees are not acceptable to Customer, Customer may choose to hire his/her own layout specialist; however, all layouts are subject to the approval of BBS.

If Customer chooses to supply their own typesetting to use in conjunction with any other service (printing), Customer must provide a ready-to-print interior file per the EXACT specifications as laid out by BBS. Customer further acknowledges that BBS will not consult with Customer’s outside designer other than providing the appropriate spec sheet to Customer, reviewing the file Customer submits to BBS to ensure that it complies with the spec sheet, and notifying Customer if the file (created by Customer’s outside designer) is not in compliance. If BBS notifies Customer that his/her file does not comply, it is Customer’s responsibility to provide an updated file. Customer acknowledges that it is his/her responsibility to ensure that his/her outside designer knows how to use appropriate design programs (i.e., Adobe Photoshop, InDesign, etc.), and that BBS will not provide Customer or Customer’s designer with instructions regarding use of the design programs themselves. If BBS consults with Customer or Customer’s designer regarding correct use of the design files or file set-up (other than indicating why a file fails to comply with printer standards), Customer acknowledges that they will be billed at $75/hour.

(1) Revisions Prior to Final Interior Layout Approval by Customer

Customer shall log in to the project management system after receiving notification that the full interior layout is ready for review and either approve or revise the interior layout prior to the Book being sent to the printer. Customer shall list any desired revisions in the project management system. One round of minor layout revisions is included as part of the typesetting service. “Minor Layout Revisions” include up to twenty-five (25) collective changes, defined as: typographical, punctuation, and/or spelling errors, and/or extra spaces between characters or words that were in the manuscript originally submitted by Customer.

The round of Minor Layout Revisions will be completed in approximately five to ten (5-10) business days. Any additional rounds of Minor Layout Revisions after the included round will incur a fee of $75.00 (seventy-five dollars) per hour, with a minimum $50.00 charge. Customer may either pay the fee, keep the layout as-is, or make the desired changes on his/her own. If editorial changes are requested during the interior layout process, Customer will be charged $75.00 (seventy-five dollars) per hour (minimum $50.00 charge). Editorial changes include the following: sentence re-writes, extensive grammatical and mechanical changes, reorganization of paragraphs, chapters, and images (photos, art, charts, graphics, or any non-text elements).

(2) Revisions after Final Interior Layout Approval by Customer

After Customer approves the interior layout, any additional changes cost $75.00 (seventy-five dollars) per hour (minimum $50.00 charge), plus a charge of $50.00 to submit a new file to the printer (if the file has already been submitted to a printer). Such changes can take fifteen to twenty (15-20) business days.

e. Suggested Retail Price/Wholesale Discount

BBS will suggest a retail price for Customer’s book based on printing fees, comparable titles, and industry best practices. Customer acknowledges BBS will provide Customer with printing quotes, and Customer must provide BBS with an estimated initial order quantity in order for a retail price to be suggested. Customer further acknowledges that it may take BBS up to three days to return quotes to the Customer, but that BBS will suggest a retail price within two (2) business days from the date that the quote is returned to the Customer.

f. Back Cover Design

The cover designer will also lay out the full cover for Customer’s Book, including the spine and the back cover (the content and any photos of Customer for the back cover will be provided by Customer). Customer acknowledges that the final layout of the full book cover (front cover, back cover, and spine) cannot be completed until the final interior book layout has been approved by Customer. Customer must provide the back cover copy and any images for the back cover, and acknowledges that BBS cannot proceed until the pre-cover design questionnaire, cover design questionnaire, copy, and any images have been submitted. Customer acknowledges that all content will placed on the back cover exactly as provided by Customer.

Once BBS receives all materials from Customer, BBS will upload a full cover for Customer’s review in five to seven (5-7) business days. Upon upload, BBS reviews the full cover design to ensure that it adheres to industry standards, corresponds to information provided by Customer, and to check the content for typos. If BBS approves the full cover, it will be sent to Customer for review. If BBS rejects the full cover (i.e., it fails moderation), BBS will notify Customer. Customer acknowledges that, should the full cover fail moderation, BBS has two (2) additional business days to upload the revised cover.

Customer acknowledges that one (1) round of revisions is included in the publishing package. This round of revisions includes up to five (5) minor changes (i.e., correction of typos, modification of the font size). BBS will upload a revised cover within five to seven (5-7) business days from the date that Customer submits his/her revisions. If Customer wishes to purchase an additional round of revisions to the full cover, each additional round consists of five (5) minor changes, and costs $100.00 (one hundred dollars).

If Customer wishes to make more extensive changes to the back cover (e.g., change images, alter colors, make editorial changes to the text, etc.), Customer acknowledges that the fee is $75.00 (seventy-five dollars) per hour, with a minimum $50.00 fee.

g. Electronic Proof

After Customer approves the final interior layout, final front cover, back cover, and spine, and sets the retail price, BBS will produce an electronic proof of the Book for final approval. Customer acknowledges that it is his/her responsibility to carefully check all Book details, pages, and cover elements for errors or omissions. A physical proof copy can be printed using the approved electronic proof (for an additional fee).

Once Customer approves the electronic proof, Customer’s Book files will be submitted to the printer. Initial set-up fees are included. Customer acknowledges that once the files are submitted to the printer for printing set-up, further changes to the cover file or interior file will require a $100.00 (one hundred dollar) per file re submission fee, which Customer must pay. In additional to the re submission fee, any changes Customer requests to cover and interior files will be billed at $75.00 (seventy-five dollars) per hour, with a $50.00 minimum charge per file.

h. Copyright Registration

The Customer is responsible for filing the copyright in the name of the Customer or the Customer’s designee. For additional information and specific instructions, the Customer should contact their BBS representative. Customer acknowledges that, while the copyright becomes valid on the date that Customer’s Book is submitted to the U.S. Copyright Office, the Copyright Office takes six to eight (6-8) months to return the copyright certificate.

i. ISBN, LCCN, and Bar Code

BelieversPress can provide an ISBN and bar code and affix both in the appropriate places in the Book. The ISBN identifies the name and contact information the author or author’s publisher name. The ISBN is registered in the author’s name and will remain with the book.

Customer may choose to purchase an ISBN on his/her own for Customer’s Book. Customer acknowledges that, if he/she is providing the ISBN(s), this information must be communicated through the project management system.

j. Book Distribution

“Distribution” is defined as the act of the Customer making a Book available to the book trade through a third party. Distribution can be paper books, eBooks, and meta data information for each product. BBS does not offer distribution as a service.

k. printing

See addendum C.

l. Physical Proof Copy

BBS can provide a physical proof copy of the Book for Customer’s review, although each Customer will receive an electronic soft proof (PDF) to Customer’s email address on file. Hard copy proofs are available via USPS Priority Mail if requested. Customer must agree to the printing terms before BBS can order a physical proof.

Any additional changes to the Book after Customer’s receipt of the physical proof copy will be billed as set forth in Section 4 (f) of this Agreement. Any additional physical proof copies requested by Customer must be paid for by Customer. The cost of an additional physical proof copy is $45.00 (forty-five dollars), which includes USPS Priority Mail shipping to Customer.

Approving the soft proof is required to move forward with the printing process. BBS may, at its discretion, require Customer to review a physical proof copy of Customer’s Book.

If, after Customer approves the physical proof copy Customer requests that changes be made to the Book, Customer agrees to pay a $250.00 (two hundred and fifty dollar) post-proof acceptance fee in addition to the billing structure set forth in Section 4 (f) of this Agreement.

POD Physical Proof

Once Customer acknowledges receipt of and approves the proof through the project managment system or via email, Customer may then request that BBS print copies of Customer’s Book, the quantity of which to be at Customer’s choosing.

m. Initial Inventory and Subsequent Book Orders

BBS’s book printing terms are set forth as Addendum C of this Agreement.

n. Complimentary Copies

At the time that Customer places his/her Initial Inventory Order, or at the time that Customer approves the proof, BBS shall provide Customer with any complimentary paperback copies of Customer’s book as outlined in their individual services agreement.

Customer acknowledges that BBS will provide the number of complimentary copies specified in the services agreement when the printing cost of Customer’s Book is no more than $6.00 (six dollars) per book. If Customer’s initial inventory order is for a hardcover version, Customer will receive a $6.00 (six dollar) credit per copy and may apply that amount to the cost of any initial hardcover inventory order.

BBS, at its discretion, can either place a separate order for the complimentary copies of Customer’s Book, or can deduct the cost for the appropriate number of copies from the cost of Customer’s Initial Inventory Order.

O. ebook conversion and distribution

See addendum G.

5. Manuscript submission

Customer will submit all required materials relating to Book as set forth herein and in Addendum B to this Agreement.

Required Materials are:

• A paid invoice/services agreement which includes these terms/conditions (link) as part of the agreement

• The electronic manuscript in Microsoft Word or Rich Text Format. The manuscript must be uploaded to the project management system, and cannot be on floppy disk. The manuscript must be in one file (e.g., 27 individual chapter documents are not acceptable).

• All electronic image files (.tiff, .jpg, .gif, PDF files at a resolution of 300 dpi or higher) uploaded to the project management system. If Customer does not have digital image files, it is Customer’s responsibility to have them scanned at the resolution outlined previously

• Any and all other materials supplied by, or agreed to be supplied by, Customer for inclusion in the Book

Customer may incur additional charges if the Book is not submitted per BBS’ formatting instructions provided in Addendum B.

6. book editing services

If Customer has paid for BBS’ book editing services, the parties acknowledge that BBS’ book editing services are subject to the editing service terms and conditions available for review on BBS’ website.

If Customer chooses book editing services, book layout occurs after Customer’s book has been edited. For more information about our editing terms and conditions, please see Addendum E.

7. date of publication and publication time-line

BBS makes all reasonable attempts to provide the services necessary to publish Customer’s Book in one hundred and eighty (180) days (or less). Customer acknowledges that an exact time frame can’t be given due to many variables, such as the number of rounds of cover and/or layout revisions Customer chooses, changes Customer makes to the layout after it has been finalized, etc.

The date of publication can be within forty-five (45) days of the Final Approval Date. The Final Approval Date is the day on which Customer approves the physical proof copy.

In no event will BBS be responsible for delays caused by circumstances beyond its control, including delays caused by Customer in revising manuscripts, responding to BBS’ requests, making cover changes, or reviewing proofs. Such delays caused by Customer are not counted against the 180-day period above. Customer acknowledges that much of the publishing process time frame and ultimate publication date are dependent upon Customer’s completion of the required steps in the publishing process.

8. No guarantee of minimum sales

BBS makes no promises that any of its services will result in the sales of a minimum number of copies of Customer’s Book. Customer acknowledges that BBS has no control over the purchasing decisions of book buyers and is not liable to Customer or any other party if sales of the Book do not meet Customer’s expectations.

9. customers warranties and indemnities

Customer represents and warrants to BBS:

• That he/she is the sole owner of the Book and of all the rights granted to BBS

• That he/she has not assigned, pledged, or otherwise encumbered the rights to the Book

• That he/she has full power to enter into this Agreement

• That the Book and all rights therein are free of liens, claims, or interests of any kind

• That the Book is entirely original except for portions thereof that are in the public domain or for which legally effective written licenses or permissions have been secured

• That the Book does not violate or infringe upon any personal or proprietary rights including without limitation privacy rights, contract rights, or publicity rights of any other persons or entities

• That the Book is not libelous

• That the Book does not infringe upon any statutory of common law copyright

• That all public domain material used in the Book is actually in the public domain, to the best of Customer’s knowledge

If any claim, action, or proceeding based on an alleged violation of any of these warranties is made against Customer or BBS by anyone, both parties will have the right to defend the same through counsel of their own choosing and no settlement by either party will be effected without the prior written consent of the other party, which consent will not be unreasonably withheld.

Further, Customer will indemnify and hold harmless BBS, any seller or distributor of the Book, and any website on which the Book may be listed (collectively referred to as “Sellers and Distributors”) against any damages that result due to Customer’s violation of any warranties.

Further, Customer will indemnify BBS against the entire expense (including reasonable costs, disbursement, and attorneys’ fees) attributable to BBS’ defense or settlement of any claim, action, or proceeding based upon an alleged violation of any of these warranties, including any fees, damages, or settlements that BBS is required to pay to Sellers and Distributors of Customer’s Book due to Customer’s breach of any warranty.

If any such claim, action, or proceeding is instituted, BBS will promptly notify Customer, who will fully cooperate in the defense thereof (so long as cooperation does not jeopardize any of the Customer’s constitutional rights), and BBS may withhold payments of reasonable amounts due Customer under this or any other agreement between the parties until the action is resolved.

These warranties and indemnities will survive the termination of these terms/conditions.

10. permission for copyrighted material

If Customer incorporates in the Book any copyrighted material, he/she will procure, at his/her expense, written permission to reprint it. Customer agrees to retain all such written permissions. Customer agrees to deliver all such written permissions to BBS at BBS’ request. BBS will provide a sample permissions form at Customer’s request to help facilitate this process.

11. suits for infringement of copyright

If the copyright of the Book is infringed, Customer is responsible for commencing any legal action Customer deems necessary. However, Customer and BBS may jointly pursue a copyright infringement action, but the parties must agree in writing prior to any joint commencement of any legal action.

12. additional services by publisher

Any additional services provided by BBS have their own specific terms and conditions.

13. miscellaneous provisions

a. Notices

All notices required or permitted under these terms/conditions shall be addressed to the addresses listed above and/or may be sent via email.

b. Entire Agreement

This services agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This services agreement supersedes any prior written or oral agreements between the parties. The parties agree that both have had the opportunity to have this services agreement reviewed by legal counsel.

c. Severability

If any provision(s) of this services agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision(s) of this services agreement is invalid and unenforceable, but that by limiting such provision would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

d. Modification

This services agreement may not be modified or amended except by written instrument signed by the parties hereto.

e. Waiver

The failure of either party to enforce any provision of this services agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of the agreement.

f. Applicable Law

The validity, interpretation, construction, performance, enforcement, and remedies of or relating to this services agreement, and the rights and obligations of the parties hereunder, shall be governed by the laws of the State of Colorado (without regard to the conflict of laws, rules, or statutes of any other jurisdiction), and every legal proceeding arising out of or in connection with the agreement shall be brought in El Paso County District Court in Colorado Springs, Colorado, each of the undersigned parties hereby consenting to the exclusive personal and subject matter jurisdiction of said courts for this purpose.

g. Prevailing Parties

The prevailing party in any suit brought by either party hereto to enforce the terms hereof shall be entitled to recover from the non-prevailing party all of said prevailing party’s reasonable costs, distributions, and attorneys’ fees, including all collection costs (e.g., fees paid to a collection agency) and attorneys’ fees incurred in attempting to collect any judgment hereunder.

h. Assignment

Any person or entity to whom any right, title, or interest in the agreement be assigned shall be subject to and bound by all of the terms and conditions herein as if they were the original party hereto. If a controlling interest in BBS changes, is bought or otherwise merged into another publishing company, Customer will have 30 (thirty) days to opt out of the agreement, upon written notification of such sale or merger by BBS.

i. Counterparts and Fax or Electronic Signature

This services agreement may be executed in one (1) or more counterparts, each of which shall be deemed to be an original but all of which together will constitute one (1) and the same instrument.

Further, one or both parties may execute this services agreement via electronic signature or fax and such signature will be deemed to be original. Payment for the services set forth in the agreement via credit card online or via fax signature constitute Customer’s acceptance to the terms set forth herein.

j. Customer Remedies and Limitation of Damages

The most Customer may ever sue BBS for is the amount paid for any services rendered hereunder and not refunded at the time of commencement of litigation by Customer. BBS is not liable for any other damages including, but not limited to, any incidental or consequential damages, damages for loss of profits, missed sales opportunities, business interruption, loss of business information, or any other type of pecuniary loss.

k. Currency

All dollar amounts set forth in the agreement and those incorporated as part of the agreement (book editing, copyright registration services, etc.) are in U.S. Dollars.

l. Publisher Bankruptcy

If BBS commences bankruptcy proceedings, all rights in Customer’s Book not already vested with Customer shall immediately revert back to Customer.

ADDENDUM A

Services Agreement Schedule of Refunds

1. Upon receipt of payment: Refund of full amount paid (less credit card processing fees) if no services have commenced within three months of the sign-up date.

2. After the first three months from the sign-up and if no services have commenced, Customer is entitled to a 50% refund (less credit card processing fee).

3. Once editing, typesetting, or design has started, all individual service fees are forfeited.

ADDENDUM B

Manuscript Submission/Formatting Guidelines

1. Format of Manuscript

All manuscripts must be submitted electronically and as part of one file (e.g., all chapters of the book and any front matter must be part of a single file). You may submit your manuscript to us in one of the following formats:

• Microsoft Word (.doc or .docx)

• Rich Text Format (.rtf)

2. Do Not Format Your Text

We will not accept manuscripts that have extensive formatting already applied to the text. (Italicized and bolded words are allowed.) If you have special formatting requests, you’ll need to tag your manuscript accordingly. Any text that requires special treatment (i.e., is not structured as a continuous paragraph with standard formatting) must be tagged. This includes block quotations, centered text (or any other text that isn’t in line with the rest), numbered and/or bulleted lists, etc.

All tags should begin with “FORMATTER” to ensure that, when your manuscript is being typeset, your formatter can easily locate the tags. Please write, in brackets, what type of formatting you require at the top of the relevant text. For example:

[FORMATTER_begin bullet points here]

Step 1 is to do ABC

Step 2 is to do EFG

Then you do HIJ

[FORMATTER_end bullet points here]

[FORMATTER_create text box here]

Inside this text box you see that I am writing stuff and it’s in a text box. Neat.

[FORMATTER_end text box here]

3. Headings

A.     Chapter Headings

Your chapters must be clearly defined and marked (i.e., “Chapter One: The Beginning,” “2,” “Chapter Three,” etc.).

B.      Page header:

Use this format: Author Last Name / Project Title / page number

C.      Subheads:

Editors: For text that includes subheads (primarily nonfiction) follow these styles

A-level subhead:

Roman, Cap & Small Caps, 14-point, centered, line space above and below

B-level subhead:

Bold Roman, Cap & Lower Case, 12-point, Flush Left, Line Space Above

Use this style if there is only one level of subhead.

C-level subhead

Roman, small caps, 12-point, left justified, space above

D-level subhead

Bold Roman sentence case, 12-point, followed by a period and run in to the text. No space above.

D.     Endnotes

10-pt Times New Roman

4. Body Formatting

You must use the tab key to indent all paragraphs. NEVER use the space bar to indent. You must not use a hard return (i.e., hit the return/enter button on your keyboard) to move continuous text to the next line. (Word processing programs will automatically carry continuous text to the subsequent line.)

• All punctuation ending sentences must be followed by one space, not two.

• Use 12-point Times New Roman, double-spaced, 1 inch top and bottom margins,
  1.25 inch side margins

• Use only one space between sentences.

• Use no extra spacing above and below paragraphs.

• Indent the beginning of paragraphs one-half inch.

• Turn off widow/orphan control

Indent paragraphs one-half inch, using the paragraph indentation setting. (Do not create indents by using the Tab key or Spacebar.)

Style Guidelines

References:

• Chicago Manual of Style, 16th edition

• Merriam Webster’s Collegiate Dictionary, 11th edition

• A Christian Writer’s Manual of Style, 2004 edition

Abbreviations

• Follow A Christian Writer’s Manual of Style to determine whether to spell out or abbreviate (and how to abbreviate) the name of a Bible book in a parenthetical verse reference.

• Within sentences, spell out the names of Bible books.

Capitalization

• Follow A Christian Writer’s Manual of Style to determine use of capitals or lowercase for religious terms. For example:

Bible/Biblical/Scriptural/Scripture

Deity pronoun capitalization

• Capitalize He, Him, His, You, Your (lowercase who, whom)

• In Scripture citations, follow that version’s capitalization style.

Gender and number and pronoun agreement

• It’s fine to avoid a clunky “he and she” / “his and hers” construction by using “they” / “their” with a singular pronoun antecedent.

• Example: Each passenger should check their tickets before they board.

Punctuation

• Commas: Follow the Chicago Manual of Style in using a serial comma: a comma after each item in a series. Exception: In directly quoted material, retain its punctuation style.

• Em dash: no space before or after

• En dash: use instead of a hyphen for continued numbers: John 3:16–18; CMS 6.16–53.

• Ellipsis: use three periods, separated by spaces: Example: space | period | space | period | space | period | space

• Quotation marks: No need for quotation marks around saying yes or saying no. Example: We said yes to Oprah’s invitation to appear on her show, but no to her request to give a free book to everyone in the studio.

Numerals

• Follow the Chicago Manual of Style in spelling out whole numbers from zero through one hundred.

• For ordinals, do not use the superscripts for st, nd, and th.

Trademarks. Capitalize brand names, but don’t use special symbols such as ™ or ®.

Permissions:

Author is responsible to secure permission for use of copyrighted material beyond what is considered “fair use.”

Unless the material is in the public domain, the author must secure written permission from the publisher/copyright owner for:

• any quotation longer than 300 words

• quotations longer than one line from a song lyric or poem

• use of photos, illustrations, charts, figures, or maps

People’s names

• Unless you are referring to a public figure, we recommend the author secure written permission for actual people mentioned by name. Otherwise omit or change the name and generalize the details so the person would not recognize the reference.

Acknowledging Scripture references

• Author: please provide the name and copyright date of your primary Scripture version, plus all secondary Scripture versions.

• In nonfiction citations of other Scripture versions, indicate the version in parenthesis after the verse reference: John 3:17 (nasb).

• In the editorial process, Believers Press will insert appropriate copyright references for all Scripture versions cited in the manuscript.

Artwork, illustrations, and photos

• Author-supplied artwork should be submitted as clearly labeled, separate file attachments with 300 dpi resolution. Captions should be listed in a separate document submitted with the manuscript.

Special pages

Manuscripts should contain these pages at the beginning:

• Half title page: with just the book’s title

• Title page: book title, subtitle, author name(s)

• Copyright page: indicating primary Bible translation and date, plus any secondary translations. (Believers Press will provide to the editor the additional copyright page information.)

• Contents page (for nonfiction) with chapter number and titles

• Dedication page (optional)

• Foreword page (optional)

Manuscripts may contain these pages at the end:

• Acknowledgments

• Appendices

• Endnotes

Fiction character sheets

• Author: Please provide with your manuscript a separate document listing key people and places, with key details about them. This will enable the editor to ensure consistency, so the protagonist’s younger brother remains throughout the manuscript the same height, with the same hair and eye color, visible marks, birthday, and food preferences. Likewise the yellow Cape Cod style house with green shutters and a cedar fence across the street will remain that way unless something in the story changes that.

Questionable content

• We ask authors to affirm their manuscript passes muster legally. This means it does not commit plagiarism. If fiction, it must not represent real events or people in ways that could be deemed libelous. If nonfiction, it must not misstate or omit any fact that would libel people or result in people being placed in a false or damaging light.

• We insist that the work does not infringe the copyright, trademark, or privacy of any third party and that the author is the owner of any trademarks or trade names associated with the work.

BBS insists that manuscripts not contain content that:

• is offensive or indecent

• advocates a sexual or racial bias

• is sexually explicit

For editors and proofreaders

Manuscript Style Sheet

• Editor: Compile for the proofreader a list, in alphabetical order, of the spellings of key character names, place names, and proper nouns with unusual spelling. List author’s preferred spelling of words with variant spellings, e.g.: catsup, grey, barbeque, burnt.

Questions/comments/concerns

• Editor: Please immediately call to the Editorial Director’s attention any make-or-break content questions concerning material in apparent violation of Believers Press editorial policy. Do not mark questions and comments in the manuscript itself. Instead, create a separate list of concerns — identifying their location by chapter, page, paragraph, and line.

5. Special Instructions

If you have any special formatting requests, they must be clearly indicated in the final Word document that you upload for layout. You must tag every special request using the format [FORMATTER_special instructionXYZ]. If you would like for a header, or any other text, to appear in a font that is different from the rest of the manuscript, you must indicate so with a formatting tag. Varying fonts must be tagged because, when translating interiors to the design program, fonts do not get transferred over. Thus, it is very important that you clearly indicate your formatting instructions.

Please tag the formatting you require next to the appropriate text (see below for an example).

[FORMATTER_start Arial font]Here is a sentence. Here is another sentence. [FORMATTER_end Arial font]

If you have a list of requests that will apply to the entire manuscript, you may note them in a “Formatter’s Instructions” page at the beginning of the Word document. For example, “Please make all chapter headings in xxx font, at 14pt.”

6. No Spaces between Paragraphs

Your paragraphs cannot have spaces between them, unless the space is a line break used to indicate a transition in theme, plot, or setting. If you would like a line break in a particular location, please use the tag [FORMATTER_insert line break here]. Spaces between continuous paragraphs are not permitted.

7. Double Spacing Only

Your manuscript must be double spaced using plain text (Times New Roman 12pt is preferred).

8. Submission of Interior Images

All image files must be submitted separately, and may not be embedded in your manuscript. They must be submitted separately (you’ll be prompted to submit them through your Customer account), and the files must be clearly labeled to correspond with tags in your manuscript. Please place tags in your manuscript to indicate where images should be placed, using the following protocol: [FORMATTER_insert “image_file_name”.jpg here].

If you have a caption for a particular image, you’ll need to place a tag for that as well. The tag should immediately follow the image tag, and should be written as follows: [FORMATTER_image caption: Susie and Ronald at the beach, 2007.]. Caption tags should include the text exactly as you’d like it to appear below the associated image.

All images must be submitted to us as TIF, JPG, or PDF files (JPG or PDF is preferred), and must be at a resolution of 300 dpi or higher.

Images include graphs, pictures, charts, etc. (anything that is not primarily text).

9. Permissions

Permissions may be required if you are using an image that you did not create, if you are citing work that is not from the public domain, etc. It is your responsibility to decide whether or not permissions are required, and to obtain permissions as soon as possible. BBS is not responsible for any delays to the production process caused by outstanding permissions.

10. Index

If you think that your book requires an index, you must indicate such on the interior layout questionnaire (submitted through your Customer account) before the layout commences. If you have already created a list of terms to be indexed, it should be supplied when you submit your manuscript to us. The indexing process cannot commence until you have approved your final interior layout, and will be scheduled after said approval. Your interior layout must be final and approved to ensure that your page count is final (so that your index is accurate).

There is an additional layout fee of $100 for any book that contains an index (in addition to the cost of the indexing). This fee applies whether we create the index for you, or whether you supply your own index.

11. Footnotes/Endnotes

Footnotes and/or endnotes are permissible, so long as they do not refer to specific page numbers within the book (as page numbers will shift when your book is typeset). Footnotes and endnotes must be included in the manuscript that you submit to us for layout.

12. Front and Back Matter

Some books contain a foreword, acknowledgments page, introduction, preface, and Author biography. All of these elements should be considered part of the manuscript itself and be submitted as such. If you wish to include one or more of these elements, but cannot supply them when the rest of the manuscript is submitted, additional layout fees may be incurred.

If your book has already been formatted and you decide to include one or more of these elements, there will be an additional fee of $75.00 (seventy-five dollars) per hour to re paginate and reformat the layout.

Description of front and back matter terms:

• Foreword: A foreword (not “forward”) is optional, and is typically written by a noted figure who has a credible background relating to your subject matter. The purpose of the foreword is to help position and sell the book. If you wish to include a foreword, please include it when the manuscript is submitted.

• Acknowledgments: Acknowledgments are optional and typically appear in the front matter or back matter of the book. If you are going to have an acknowledgments page, please indicate this to us and include it in your manuscript.

• Introduction and Preface: An introduction and/or preface are often helpful if there isn’t a foreword, or if the subject matter is complex and a preliminary explanation of the book is required.

• Author Biography: A one- or two-paragraph Author biography is optional (but recommended), and is commonly placed in the back matter. A brief Author bio can also be included on your back cover, but should be restricted to a few concise, informative sentences. An Author photo is optional. If you do decide to include an Author photo, make sure that it is professional quality.

ADDENDUM C

BOOK PRINTING AGREEMENT

1. INITIAL ORDER AND SUBSEQUENT BOOK ORDERS

An “Initial Order” is a specific number of copies of Customer’s Book ordered by Customer from BBS either for distribution or fulfillment, for marketing purposes, or for the Customer’s own use.

a. Initial Order for Print-on-Demand (POD)

Customer must approve the electronic soft proof (PDF) or physical proof .

If Customer is using Print-on-Demand (POD), BBS will provide Customer a price for the Order after Customer selects the quantity and shipping destination(s). Upon Customer’s review of the printing quote, Customer will pay the electronic email invoice including the print cost for the Customer’s Book, the cost of shipping, and any applicable taxes (“Inventory Orders”).

Inventory Orders are sent from the printer directly to Customer (or Customer’s designee). Customer may designate various delivery destinations for Inventory Order.

b. Subsequent Orders for POD

On Subsequent Inventory Orders, Customer acknowledges that BBS will charge the wholesale print and shipping costs (if applicable).

After Customer has approved his/her final interior layout, BBS will provide Customer print quotes. Customer must approve his/her estimated Initial quantity. Customer acknowledges that the printing process cannot proceed until Customer signs/agrees to his/her estimated Initial quantity via the print quote.

Customer must submit his/her initial payment in order for BBS to initiate Customer’s Initial Order. Customer acknowledges that Customer must have made the initial payment and finalized the Initial Order quantity in order for the physical proof to be generated.

 BBS will send proofs to Customer via email (soft proof) or USPS Priority Mail (physical proof). When Customer approves the proof, BBS will proceed with the order. Customer acknowledges that shipping fees may not be included in the initial estimate/payment, and that, if shipping fees are not included, Customer will be invoiced for them after the order is complete (i.e., when BBS receives the final shipping totals).

2. NATURE OF SERVICES

This Addendum constitutes the terms and conditions for book printing services provided by BBS and its contractors and assignees. Customer agrees to supply timely proof approval and payment as detailed below. BBS agrees to provide timely book delivery within the provisions and standards described here.

3. PRINTING TIME FRAME

Customer acknowledges that the printing time frames below cannot be guaranteed, but are only to be used as a guide. While the time-frames for completion are fairly accurate, Customer should order books well in advance of when they are needed.

All time-frames below assume that Customer’s files are print-ready and pass the pre-flight process.

Delivery of Proof:

– Seven to ten (7-10) business days

Completion of Printing after Physical Proof Approved by Customer:

– POD or digital short run printing: Ten to fifteen (10-15) business days

– Offset or long run printing: Twenty to thirty (20-30) business days.

4. TIMELY PROOF APPROVAL

BBS will furnish Customer with either a soft (digital proof) a physical proof copy of Customer’s Book. A physical proof may be loosely bound or may not be bound and/or printed like a final, printed book would be. Customer’s physical proof will be sent to Customer via USPS Priority Mail to Customer’s address on file. Overnight delivery is available per Customer’s request, at Customer’s expense. If Customer requests overnight delivery, Customer must notify BBS  in writing prior to approving his/her electronic proof.

Upon receipt, Customer agrees to promptly inspect the proof for overall quality, cover colors, binding, and any other pertinent factors. Customer acknowledges that a proof may or may not be fully bound, depending on the printer. Sometimes a Customer’s books can not be made into bound proofs and Customer acknowledges that this is non-negotiable.

Customer also recognizes that some physical proofs contain crop marks (indicating where the cover and/or interior of Customer’s book will be trimmed during the actual print process). Customer acknowledges that it is Customer’s responsibility to review said crop marks when reviewing the physical proof, and that approval of a physical proof containing crop marks also indicates approval of where the book cover and/or interior will be trimmed.

If Customer is printing an offset print run (typically at least 750 copies) and Customer requests that new files be submitted after the physical proof has been printed, Customer acknowledges that a new physical proof might be required for Customer’s review. Further, Customer acknowledges that, should BBS require Customer approval of a second physical proof, Customer is responsible for the cost of the new proof in addition to the cost for BBS to make the revisions and submit new files to the printer (per this Agreement). BBS will notify Customer prior to sending Customer’s revised files if a new physical proof is required.

Once Customer accepts the physical proof, Customer acknowledges that production will commence, books will be produced as agreed via the proof, and no further changes will be accepted.

Customer acknowledges that BBS cannot finish the printing until such time as Customer approves the physical proof.

If Customer makes changes to the uploaded work, or has BBS make changes to the uploaded work on Customer’s behalf, Customer may order an additional proof per the fees set forth in this Agreement.

5. PRICING QUOTATION AND PAYMENTS

BBS will honor quotes provided to Customer by BBS staff for thirty (30) days from the date the quote was generated.

Note that shipping charges are not always included in the quote — shipping charge estimates are sometimes not available until the final proof approval is received, due to variances in shipping sizes and weights, which are unknown until that time. Shipping charges will be assessed separately, upon receipt from the printer. Shipping will be via the most economical method (normally USPS or UPS) unless Customer makes other arrangements with BBS. Shipping charges received after the order is complete may be invoiced separately.

For offset print orders (typically at least 750 copies):

• BBS will charge 100% of the quoted amount upon Customer’s placement of a print order.

• BBS may have an additional charge to cover shipping fees, and other items including overruns. Note that the final amount may include industry standard over/under run quantities and associated charges of no more than 10%. Customer agrees to accept 10% over/under as conforming to the original quantity agreement. For example, if Customer orders 750 copies of Customer’s book, a print run may produce an extra 75 copies. Customer agrees that Customer will pay for those additional copies (10% over the initial run quantity).

• The shipping charges may be charged to Customer when BelieversPress receives the final information from the printer, after the books have shipped.

• Any additional charges (e.g., set-up fees) will be charged on a pay-as-you-go basis.

For digital print orders and all orders placed with the POD printer (typically less than 750 copies):

• Full payment for printing and shipping is due at the time that the order is placed.

• Any additional charges (e.g., set-up fees) will be charged on a pay-as-you-go basis.

6. PRINTING STANDARDS

Should quality issues arise, BBS agrees to provide best efforts to resolve the issues. However, Customer acknowledges and agrees that the following industry standards for book printing are acceptable tolerances and are not grounds for rejecting the proof or any printing of any amount of books:

Cover Color:

– Per CMYK standards

Print Standards:

– Ink density — per standard S.W.O.P. printing standards [SWOP stands for “Specification Web Offset Publications.” SWOP maintains industry standard levels for printers and publishers.]

– Folds — signature folded square plus or minus (+/-) 1/16” [The 1/16” folding is the allowed tolerance during the fold operation of the signature. A signature can be folded 1/16” off center and still be considered an industry acceptable product.]

Bind Standards:

– Trim – plus or minus (+/-) 1/16” [Printer allows a margin of error of 1/16” when trimming the books]

– Page pull — 30 psi [The page pull is an industry standard that the printer bases the strength of their books on. They use a calibrated machine to make sure that the psi is maintained. PSI stands for “pounds per square inch.”]

Content Errors:

– Any content errors, including but not limited to spelling errors, grammatical issues, spacing issues, etc., that were present in the cover and/or interior file(s) that Customer approved with BBS are not reasons for not approving the physical proof. If Customer discovers content errors in the physical proof, Customer may contact BBS and request revisions to Customer’s cover/interior, the cost of which is specified in this Agreement.

COMPLIMENTARY BOOK PRINTING COPIES

At the time that Customer places his/her Initial Inventory Order, or at the time that Customer approves the physical proof, Believer’s Press may provide Customer with complimentary paperback copies of Customer’s book as per each package.

Customer acknowledges that BBS may provide a number of complimentary copies as specified in services agreement when the printing cost of Customer’s Book is no more than $6.00 (six dollars) per book. For example, if the actual print cost of Customer’s Book is $7.00 (seven dollars) per copy, Customer would pay $1.00 (one dollar) to make up the printing cost difference. If Customer’s initial inventory order is for a hardcover version, Customer would receive a $6.00 (six dollar) credit per copy and may apply that amount to the cost of any initial hardcover inventory order.

Complimentary copies must all ship to one (1) destination of Customer’s choosing. If Customer elects to ship complimentary copies to a location outside of the United States, additional shipping and handling fees of complimentary copies may apply, and BBS will provide a quote at time of Initial Inventory Order.

BBS , at its discretion, can either place a separate order for the complimentary copies of Customer’s Book, or can deduct the cost for the appropriate number of copies from the cost of Customer’s Initial Inventory Order.

If Customer chooses to not utilize BBS’s printing services and elects to work with a printer of Customer’s choosing, Customer will not receive any complimentary copies.

 ADDENDUM D

CUSTOM WEBSITES

Customer Website Terms

I. Definitions

Contact Form: Is a form built into a web page that allows site visitors to send messages to the email inbox associated with that specific contact form. All contact forms also have CAPTCHAS – a built in system to require visitors to type in characters, thus preventing many spam emails to Customers.

Content Management Systems(“CMS”): Our systems are built so that website owners can update and change content on their websites.

Custom Theme: Custom themes are website designs that have been altered with input from the author. The design process includes a questionnaire form intended to gather the ideas and vision the author may have, followed by our designer submitting to you an image mock up of your home page for you to review and revise. Once the mock up is approved the site is built and submitted back to the Customer for final revisions and approval.

Five Content Pages: Every one of our website comes with several content pages (5 max):

·         Page 1: Homepage – Book synopsis/description

·         Page 2: About the Customer – Customer bio and/or photo

·         Page 3: Books and excerpts – Any portions of Customer’s Book (cover, page spreads, etc.) specified by Customer, viewable online (excerpts made available on the page, similar

·         Page 4: Contact Information – Customer may provide any contact information he/she wishes to make available to the public.

·         Page 5: Order Page / Redirect. – Customer shall have an order link that redirects to a MyBookOrders.com fulfillment page.

Optional pages that can be added for an additional fee:

·         Page 6: Blog page – Recent news and a place to engage and build relationships with readers. Receive updates, exclusive content and more.

·         Page 7: Media and publicity page – Photo gallery and other news, including press releases.

·         Page 8: News – Similar to the publicity page, this could include articles, awards, and other news related to book launches, etc.

·         Page 9: FAQ

·         Page 10: Links – Page with links to key information important to the author and their readers

·         Signup form – Could include an email management tool

Website Content: All content for the web pages must be provided by Customer.

Hosting: All Author Websites get the first year of hosting included at no additional charge.  The annual renewal fee is $149.00 per year paid on or before the expiration date (1 year intervals after the site goes live).  The website must be hosted with BelieversPress. 

Security Package: All Customer websites hosted with BBS    are safe and secure utilizing industry standard encryption, where necessary, and firewall protection.

Social Media Links: Where applicable, BBS will add links to Facebook, Twitter, Instagram, Pintrest, and Linkedin.

Storage: Every host account includes 100MB of storage. The primary use of the storage space is for website content.

SEO Research: Search Engine Optimization (SEO) research includes submission to Google, Bing, and other search engines.

Upload File Size: Customer is only allowed to upload or have BelieversPress upload on customer’s behalf files that do not exceed 4MB each.

II. Website Pricing

The author website package for $999.00 will include:

• First year of hosting

• 100MB of storage

• Content Management System – Allow author to manage content changes.

• Contact Form

• Responsive design website – Allow users to view on mobile and desktop.

• 5 pages of content

• Ability to sell book online

• Au to submission of site to 3 major search engines

III. Website Creation Process / Timeline

The website creation process (“Process”) will begin after the Customer has approved his/her electronic proof through the project managment system if Customer is publishing print books or after Customer has received the sample chapter of their eBook if they are only ePublishing.

Customers with the BBS Author Website shall have three semi-customizable website design themes to choose from.  Customers who choose to purchase a “Custom Theme” shall have a custom designed website theme, not based on any existing theme, for an additional fee to be determined.

Within ten (10) business days (BBS Author Website) of Customer’s completion of the Questionnaire steps, BBS shall provide a link to the website’s homepage mockup. Once the final mock-up is approved by Customer, BBS shall provide a link to the website draft within ten (10) additional business days.

Customers with the BBS Website will have one (1) round of minor revisions to the Website draft (e.g. correcting typos, minor reposition of buttons or links, color changes, margin realignment).

Copyright and Trademarks. Customer unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to BBS for inclusion in the web design project are owned by yourself, your company, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend BelieversPress and its subcontractors from any claim or suit arising from the use of such elements.

Each round of revisions will be completed within five (5) business days from when the revision is submitted by Customer through the project management system. If Customer desires any other changes to the submitted content outside of the included revision rounds, the revisions are subject to BBS’s Website Revision Fee. For additional rounds of website revisions and for any revisions after the website is liveBBS  shall provide a time estimate and cost. Website revisions are charged at $75.00 per hour with a 1 hour minimum.

For all website packages, Customer recognizes that input from Customer is required and will ultimately determine the time frame of the website’s completion.

For custom designs, Customer must approve the homepage layout concept before the rest of the site is built. Customer acknowledges that the rest of the site will be based on the artwork and layout of the homepage. Once the homepage concept is approved, and building of the rest of the site has begun, any additional changes to the design will be billed at $75.00 per hour.

IV. Domain Name

Customer is responsible for purchasing a domain name for his/her website. Customer acknowledges that BBS cannot provide website creation services until a domain is purchased.

Customer is responsible for updating the DNS “A Record” through his/her chosen domain registrar as instructed by BBS, to ensure that the website is visible online. Customer will have the option of working with his/her registrar to change the “A Record” or providing BBS his/her registrar log in information and BBS will change the “A Record” at no cost to the Customer.

Customer is also responsible for renewing his/her domain name in a timely manner.

Customer acknowledges that if a domain name is not renewed, Customer’s site will not be visible to the public.

V. Third-Party Services

Customer acknowledges that BBS is not responsible for integration of third-party services on Customer’s website (e.g. installing a email list management tool) unless specifically set forth in these terms.

VI. Changes to Website after Launch

Once Customer’s website is live on the internet, Customer is responsible for all text updates and changes. BBS is not responsible for, and will not technically support, any changes made by Customer once Website is live. Customer acknowledges that he/she owns the Website and can use anyone to make changes without ever paying additional fees to BBS.

All rights, title, and interest, including any copyrights in Content and the Website, except for the generic template designs and overall site architecture, are the Customer’s.

Copyright and Trademarks. Customer unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to BBS for inclusion in the web design project are owned by yourself, your company, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend BBS and its subcontractors from any claim or suit arising from the use of such elements.

For the first year, auto updates will be enabled for your website, which may affect plugins installed on the website. If a feature suddenly isn’t working, please notify BBS and we will make the adjustments necessary to enable the feature or plugin.

VII. Additional Website Features

Requests for additional features to a website such as adding more unique pages and any other website feature not specifically set forth in these terms will be evaluated for implementation feasibility at the time of the request. If the request is deemed possible to implement into website, BBS shall provide a statement of work to Customer for the additional work requested. Customer must agree in writing to additional terms and complete payment before any work on the additional feature(s) will begin.

VIII. Refunds

Once BBS has commenced working on a website or related service, there are no refunds as Customer acknowledges that BBS has put in significant amount of work. “Commenced Working on a Website” includes but is not limited the completion of the Website Questionnaire by Customer.

While BBS will attempt to create a website that fulfills the Customer’s vision, the Customer acknowledges that his/her dissatisfaction with any creative element is not grounds for any refund. BBS will make its best effort to complete Customer’s website within the number of days indicated for the purchased website package as outlined in Section III. Website Creation Process / Timeline above.

Hosting Terms of Service

1. DEFINITIONS

Outlaw Sales Group LLC is the owning entity of BelieversBookServices.com. BBS is defined as the party which hosts Author’s Website(s).

“Author’s Website” (referred to as “Website”) is defined as any Website that is hosted on the BBS server and all the content and media contained within the hosted site.

“Author” is to be defined as the owner of the Website content and/or Website domain name, assignee thereof, or anyone authorized to execute this Agreement on behalf of the Author.

2. HOSTING SERVICE(hereafter called “Service”) includes:

a. Storage and Storage Fees

BBS will provide Website hosting of up to 100MB of space.

b. Security

Each Website will be securely hosted on a secure webserver facilitated by a reputable and reliable datacenter. BBS complies with industry best-practice security standards to keep your files secure.

3. WEBSITE DOWNTIME

a. Content

BBS reserves the right to discontinue hosting at any time should Website content be deemed inappropriate for public viewing.

(1) Determination of content’s appropriateness will be made by BBS staff and is non-negotiable.
(2) Hosting will be reinstated upon removal of inappropriate material.

b. Domain Expiration

(1) Should Author’s domain expire during the Service term, the Website domain will become a dead link.
(2) BBS will continue to host the Website and when Author renews the domain name, the site will become active again.
(3) BBS is not responsible for renewing the Author’s domain and will not provide a refund or credit for any Service time lost after domain expiration.

4. INITIAL TERM, RENEWAL TERM, RENEWAL FEES, AND TERMINATION

a. Initial Term and Renewal Term

(1) Initial Term shall be for one calendar year, beginning on the date of activation. “Date of Activation” is defined as the date on which the Website is made available for public viewing at the Author’s purchased domain name.
(2) The date of activation will occur after the Author has approved all Website content for public viewing.
(3) Renewal Term commences one year after the date of activation, and lasts for one calendar year.

b. Renewal Fees/Notification

(1) Renewal Fees: After one year, on the anniversary of the date of activation, Author shall pay a renewal fee of $149.00 per Website, which covers hosting of Website for one year. Fees for additional storage will also be assessed on the anniversary of the date of activation.
(2) Renewal Notification: Author shall receive email notification prior to date of renewal. Author acknowledges that it is Author’s responsibility to make sure that Author’s email account is set up to accept emails from BBS. Author shall receive instructions on how to renew or cancel Service. If Author does not renew within two weeks of the renewal date, Service will be terminated, the domain name for the Website will become a dead link and Author’s Website files will be archived.

c. Termination

(1) Should Author cancel at any time after purchasing or renewing Service, no refunds or partial refunds shall be made.
(2) If Author cancels Service before the expiration of the initial term or renewal term is up, the domain name for the Website will become a dead link and Author’s Website files will be archived.
(3) If Author elects to request Website files from BBS, all html pages, css style sheets, and media that the Website was composed of will be provided to the Author in a zipped file. BBS does not guarantee that provided files will be functional on any other hosting platform or that a website created by another entity using provided files will have the same visual appearance as the BBS hosted Website.

5. MISCELLANEOUS PROVISIONS

a. Should Author terminate Service for a Website containing analytics, BBS does not guarantee the transmission of continued analytics data or the functionality of analytics through another hosting company.

b. BBS does not provide customer support for third party services hosted or linked on Author Website. Examples include: PayPal, external store fronts, and external blogs.

ADDENDUM e

Editing Terms and Conditions

Editor shall provide book editing services as defined below to authors who hire BelieversBookServies (BBS) to provide said services (hereinafter referred to as “Authors”).

Book Editing Services

Copyediting                  

Manuscript preparation:

• Perform global search and replace for: extra spaces, tabs, incorrect format apostrophes and quotation marks and apply style formats to subhead levels

Using Tracked Changes, Editor will correct:

• Spelling

• Punctuation

• Grammatical, typographical, and CMOS style errors

• Adjust awkward or unclear sentences

• Complete problematic sentence fragments

• Check table of contents for consistency with chapter titles

• List items that may require permission or credit (quotes, poems, song lyrics)

• List queries concerning errors/inconsistencies for author to address

• Do minor proofread to check editing.

Substantive Editing                   

Copyediting tasks, plus the following:

• Check for overall clarity

• Remove redundancies

• In fiction, replace “telling” dialogue tags

• Change passive voice to active

• Ensure material is logical and understandable

• Perform minor rewriting

• Reorganize paragraphs as needed for logical text flow

• Check for first references to footnotes, figures, and tables

• Check headings for consistency

• Check for proper sequence in lists

• Check tables and/or figures

• Check Bible quotes, numbers, and versions and look for consistency and accuracy

• Correct Bible references and put them in the correct style and format

Developmental Editing

Substantive editing tasks, plus the following:

• Initially edit one chapter for author approval before proceeding.

• Reorganize sentences, paragraphs and chapters for logical flow

• Smooth transitions between sentences, paragraphs, and chapters

• Rewrite unclear text

• Ensure consistent structure by adding and deleting headings/subheadings

• Check for overall clarity or accuracy

• Enforce consistent style and tone

• Revise all aspects of the text to improve its presentation

Proofreading    

• Line-by-line reads printout of typeset pages, marking:

• Typos and misspelled words

• Incorrect words (e.g.: they’re, their, or there; not vs. now)

• Inappropriate word, line, and page breaks

• Editorial oversights

• Incorrect number and alphabetical sequences

• Incorrect vertical and horizontal alignment of text

• Formatting problems

• Extra spaces between words and characters

• Transposed punctuation (e.g.: period outside quotations marks)

Checks:

• All front matter for accuracy

• Running headers and page numbers

• Table of contents and chapter titles

• Subheads (formatting and capitalization)

• Format consistency

• Hyphenation and line breaks, orphans and widows

• Figures and tables

• Footnotes and endnotes

• Bibliography and resources

• Does necessary light copyediting (e.g: correcting tenses and incorrect word use).

• Lists questions for author

Back Cover Copy service

The Back Cover Copy (“BCC”) service consists of writing back cover copy and sales handle (a one-sentence “buy me” summary designed to entice readers) for each assigned manuscript. BBS can provide guidelines to Editor for this service. Editor acknowledges that, if BBS assigns Editor BCC, Editor shall return BCC to BBS within seven business days from the date of assignment. Once Editor returns BCC to BBS, BCC service is concluded and Editor has no obligation to make revisions to the BCC provided.

INTELLECTUAL PROPERTY AND CONFIDENTIAL INFORMATION.

A.            Author retains all rights and ownership of book which includes all copyrights, trademarks, service marks, and other intellectual property owned by or licensed to the Author, including but not limited to those associated with the Book (whether physical or electronic), characters in the Book, and all other intellectual property in the Book, whether or not said copyrights, trademarks and/or other intellectual property have been registered with the United States Copyright Office or the United States Patent and Trademark Office.

B.            Any contribution the Editor made to the Book shall in all respects be considered a “work made for hire” within the meaning of the Federal Copyright Act, and no copyright or other right in the Book, the characters, the artwork and/or the publication thereof (other than the right to receive an agreed fee as payment for the work) shall inhere in the Editor, his/her heirs, successors, or assigns.

C.            The Author, or the Author’s assigns and successors, owns all right, title, and interest in the Book, the artwork, all characters in the Book, and all other intellectual property in the Book, which was conceived by Editor pursuant to his/her work under this Agreement

ADDENDUM f

Ghostwriting Terms and Conditions

BBS may offer ghostwriting services to speakers, business leaders, and others who have a message to share, but want a professional writer to work on the content. The following terms and conditions apply to our ghost or co-writing services.

1. Work for Hire: The Writer understands the Work shall be considered a work made for hire within the meaning of Section 101 of the United States Copyright Law, and unless specified otherwise, Author shall own all rights, including common law and statutory copyright in and to the Work and shall have exclusive rights with respect thereto throughout the world and in any and all media in perpetuity.

All Work submitted by the Writer will be considered original, unless citations are noted in end note or bibliography form as per Chicago Manual of Style.

2. Due Date: Writer shall supply content to BBS and/or Author, one chapter at a time for approval during the scheduled work period. Writer shall use his/her best efforts to complete the Work on a timely basis according to the mutually agreed schedule and any publishing delivery requirements. Writer also agrees to completed revisions in cooperation with Author and the publishers as expeditiously as possible throughout the publishing process in a timely and professional manner.

3. Approvals: All content shall be submitted via e-mail or the BBS project management system for review. After reviewed, Writer shall rework, rewrite, adjust, and make changes deemed necessary until material meets approval of Author.

Each job includes two rounds of revisions. If an additional round of revisions is required, Author will pay $75/hour for each round.

4. Final Form: Writer agrees to submit the final manuscript, approved by the Author, to BBS in electronic form. The manuscript also will be submitted with all approved chapters, introduction, notes and other parts of book deemed necessary by Author.

5. Services and Payment: BBS shall engage Writer to render writing services for Author. Such services shall include without limitation, interviews with Author and other parties either designated or approved by Author, writing and revising as reasonably necessary a manuscript and adapting it into appropriate literary style, and undertaking research as may be reasonably necessary and appropriate. Author shall have final approval, such approval not to be unreasonably withheld, of all content in the Work. At Author’s request and subject to Writer’s reasonable professional availability, Writer will be available to travel in order to conduct interviews or engage in other research. Author agrees to make himself/herself available to Writer for in-person and phone interviews and consultations. Writer understands, and will take into account for performing Writer’s obligations, that Author shall be available subject to Author’s professional and personal schedule and conflicts.

6. Travel Expenses: All travel expenses are billed separately through BBS.

7. Confidentiality. Writer will at no time divulge or disclose to any third party any written or oral material furnished by Author to Writer for purposes of his services hereunder (“Confidential Information”) nor will Writer write or cause or permit to be written, any article, book or other work dealing with Author’s life, this Agreement, and/or Writer’s services rendered hereunder, without Author’s approval. Furthermore, Writer agrees not to use any information gained during the preparation of this Work to write any competitive book on the same or similar subject. Similarly, both parties agree that Writer will at no time divulge or disclose to any third party besides his personal management team and the Publisher, the financial terms of this agreement. The provisions of this paragraph will survive the termination of this Agreement, and both parties acknowledge that the breach or threatened breach of any such provision will cause Author and Writer irreparable harm, and hereby consent, irrevocably, to the imposition of injunctive or other equitable relief, without waiver of any other claim or remedy against the other party in the circumstances. Notwithstanding the foregoing, Writer shall not be held responsible if any Confidential Information is generally available to the public or becomes public knowledge provided that such information has become public by means other than as a result of a disclosure by Writer or Writer’s Representatives (other than as required to comply with applicable laws, judicial process, governmental regulations or regulatory process). Nevertheless, even if such Confidential Information does become public, through no fault or action by Writer or Writer’s Representatives, Writer agrees to continue to treat such information as Confidential Information. Notwithstanding anything to the contrary stated herein, once the Book is published, Writer may reveal content contained in the Book without violating this Confidentiality Agreement.

8. Credit: The final manuscript to publisher will be submitted with both Author and Writer names (i.e., Author name with Writer).

9. Author’s Work: The author has agreed that the WORK he/she contributes does not (in whole or in part) infringe any copyright, common law right, contractual right, proprietary right, or any other right whatsoever, of any third party; that the WORK she contributes contains nothing of an objectionable or libelous character and nothing which violates any right of privacy or publicity of any third party.

ADDITIONAL PUBLISHING SERVICES AGREEMENT

By purchasing any of the Additional Publishing Related Services (defined herein after referred to as “Additional Services” or “Service”), the Customer hereby agrees to be bound by the terms and conditions herein. These Terms/Conditions covers BBS’ and Customer’s respective obligations regarding any Additional Services. 

Customer understands that each Additional Service has its own terms and conditions, but these General Terms apply to all Additional Services ordered by Customer.

a. General

Customer recognizes that BBS will, in good faith, perform all services for which the Customer paid to the best of its ability and level of expertise. Customer also recognizes that BBS offers these Additional Services as defined in the terms of each service and that Customer ultimately makes all decisions pertaining to whether Customers wants all or part of the service executed. Customer is not entitled to refunds for parts of particular service that Customer elects not to receive. All content created by BBS for the Customer belongs to the Customer.

Customer retains all rights to market his/her Book in any way he/she sees fit in addition to or instead of any Additional Service provided.

BBS’ offer of the services within the custom publishing agreement and Customer’s acceptance by paying for said services creates a legally binding contract. 

b. Termination

BBS may stop providing Customer any service hereunder and/or refuse to provide any service here under for any reason. Should BBS decide not to provide any service prior to commencement of work, Customer will receive a refund of any monies paid as per the refund policy above. Should BBS decide to not to provide service after commencement of a particular service, Customer might be offered a partial refund for portions of a particular service not yet executed. If BBS is unable to provide services due to Customer’s refusal to provide needed materials or information, then Customer shall not be entitled to any refund.

Customer may terminate this Agreement at anytime. However, unless provided for within each particular service’s terms and conditions there are no refunds for any additional service ordered.

c. Liabilities and Damages

The most Customer may ever be refunded is the amount paid for any services rendered hereunder. BBS is not liable for any damages including but not limited to any incidental or consequential damages, damages for loss of profits, business interruption, loss of business information, or any other type of pecuniary loss.

d. Warranties

All services come as is without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

e. Legal Forum and Choice of Law

By entering into this Agreement, Customer agrees that he/she entered a contract in El Paso County, Colorado, that this contract shall be governed by Colorado law, and that any legal action arising out of this Agreement shall be litigated in El Paso County District Court, Colorado Springs, Colorado. Further, the Customer acknowledges and agrees that the prevailing party in any litigation will be entitled to its reasonable costs, disbursements, and attorneys fees.

f. Copyright

Customer owns the copyright, trademark, and all other intellectual property (“Intellectual Property”) in and to the Customer’s Book. Further, Customer shall own the Intellectual Property to all materials and work created for Customer by BelieversPress pursuant to this Agreement, including but not limited to press releases, pitch letters, sell sheets, etc. However, Customer shall not own any of the intellectual property used to create any products or services pursuant to this Agreement (e.g. Customer owns the sell sheet created for her by BBS, but not the software, programs, databases and other intellectual property used to create the sell sheet). With regard to websites created for a Customer, the Customer shall own any code specifically created by BelieversPress for the Customer’s website. But, Customer shall not own any theme or code used to create a site in WordPress. Additional terms regarding website intellectual property are contained in the terms for that service.

g. Earnings Disclaimers

BBS does not make any projections as to the amount of money Customer can or will make from the promotion of Customer’s Book by and through any service provided by BBS pursuant to this Agreement. Royalties or other income derived from the sale of Customer’s Book is based solely on the Customer, the Customer’s marketing efforts and many other factors which make it impossible for BBS to predict or even guesstimate how much the Customer can earn.