Service Agreement Terms and Conditions
This Publishing Agreement (“Agreement”) is made between Maple Leaf Publishing Inc (the “Publisher” or “MLP”) and you (the “Author”). Failure of either party to comply with the terms and conditions below may result in the termination of the contract. The terms and conditions shall only be valid when you (the “Author”) agree to the contract in writing. The Publisher and the Author may be referred collectively as the Parties.
1. Author’s Right to Ownership
The Author acknowledges and agrees to the following:
I. All publishing rights and copyright are reserved to the Author for his/her work (the “Work”), which is the subject of this Agreement and is entitled “Work or the Actual Title of said Work”.
II. The Author shall have the right to review, approve, and disapprove the title of the Work, and the Author shall be reasonably consulted on the Work’s cover design.
III. The Publisher only functions as a service provider.
IV. The Author grants (during the term of this Agreement and for a mutually agreed-upon time thereafter) the Publisher a limited, nonexclusive right to print and distribute the Work.
V. The Publisher reserves the right to use excerpts or parts of the Work for the sole purposes of marketing and promotions.
2. Territory
The rights granted to the Publisher in this Agreement may be utilized throughout the world for the length of time stated in this Agreement.
3. Warranties
The Author warrants and guarantees to the publisher that he/she possesses sole ownership of the Work and is the owner of the copyright of its contents; that the Work is original and not in the public domain; that it contains no libelous, illegal, legally obscene, and intentionally hateful content. The Publisher reserves the right to decide, at its discretion, if the Work may be subject to violation or complaint with the content policy, including, but not limited to, book file, cover image, interior illustrations, and product data.
Author acknowledges and agrees that the Services are designed to maximize a book’s publicity, but Service Provider does not guarantee results and/or book sales boost.
4. Publisher Rights
The Publisher retains all property rights to all the materials in the possession of the Publisher and the Publisher’s computers and servers while in the process for the Work’s publication. These materials include, but are not limited to, production data, files, and materials (including promotional and marketing materials), whether completed or not.
The Author also grants the Publisher, its affiliates, and contractors the worldwide right to use, display, promote, advertise, and exhibit the book for the sole purposes of marketing and promotion, in whole or in part, and in combination with other books that may be sold bundled or as a part of a subscription, in all media now or hereafter devised, including all digital, audio, and print media.
The Author also understands that he/she must follow the timeline, schedule, and other rules set by the Publisher in reviewing and approving the marketing materials included in the publishing package, if applicable to the Author’s chosen marketing package.
5. Copyright
All copies of the Work in all formats will bear a copyright notice in the name of the Author as prescribed by applicable copyright laws of Canada and the United States of America or as such in other countries as the Publisher deems feasible or desirable. The proper copyright notice(s) necessary to protect copyright shall be printed on the reverse side of the title page, or in another appropriate place, in every copy thereof, in the name of the Author. The Publisher shall have the right to affect any renewal of copyright provided by law and the right to any assistance from the Author or his/her heirs, successors, or assigns, essential hereto.
6. Communication
For maximum security, the Author must only communicate with a Maple Leaf Publishing Inc staff whose email address should have a valid Maple Leaf Publishing Inc (i.e., name@mapleleafpublishinginc.com). Any payment or service agreement made with people whose email address does not have a proper Maple Leaf Publishing Inc domain is considered null and void.
If the service is already in the process of production, the Author is encouraged to communicate with the Fulfillment Officer instead of the Sales and Marketing Specialist.
7. Billing and Payment
For the security of the Author, he/she must only transact with an authorized Maple Leaf Publishing Inc staff on the Billing and Finance Department or Fulfillment Department. The Author must remember that Sales and Marketing Specialists are not allowed to process the payment for any services. All payments made directly to anyone except the authorized staff are considered null and void.
8. Refund and Work Termination
The Author may terminate the service at any time, with or without cause, upon written notice to the other Party. When this Agreement is terminated, We will cease the production.
I. Breach of Contract by the Publisher
a. Breach of Contract is defined as the Publisher commits a material breach. It refers to a failure to perform essential terms of the contract that results in a negative effect on the service.
b. In such cases, the Author will receive a 100 percent refund.
II. Author’s Death / Disability
a. In such cases, the Author or their heir, successor, or anyone legally proclaimed as their heir will receive a 30 percent refund.
III. Other reasons deemed reasonable by the Author and Publisher.
Refunds will be issued as follows:
For Marketing Packages
Prior to submission of Your Service Form and/or Agreement Form:
0-7 calendar days after the date of purchase: 100% refund less the $150 administrative fee
8-12 calendar days after the date of purchase: 50% ref-und
More than 10 days after the date of purchase: No Refund
After submission of Your Service Form and/or Agreement Form:
Before design work begins: 50% refund
After design work but prior to approval: 25% refund
After You have given final approval of the Service
No Refund
IV. The Publisher reserves the right to reject a refund request due to a breach of contract committed by the Author.
9. Book Release
The Publisher will only commence with the Author’s marketing plan once the Author has paid 100 percent of the amount due. In case the Author pays in installments, the Publisher will withhold the execution of the marketing plan until paid in full.
10. Limited Liability
(i) Author will provide the Publisher all information and materials deemed necessary to complete the services in a legal and/or lawful manner, and at the Author’s full liability, with the Publisher having no legal responsibility for the accuracy or legitimacy of the said information or material.
(ii) Parties agree that the Publisher shall not be liable for expenses, loss of profits, reasonable attorney fees, or any other incidental and consequential damages under the following instances:
a. Damages resulting from a fortuitous event, like flood, earthquake, windstorms, and other uncontrollable forces of nature
b. Damages arising from the nonperformance of the Author of the obligations set forth under this Agreement
c. Damages caused by the negligent acts of the Author
d. Other similar instances
(iii) Except in instances of the Publisher’s fraud, Author may at no time convey any legal action against Publisher for any loss, damage, expense, action, and/or claim for injury to persons and damage to property arising out of or in connection with Publisher’s services under this Agreement.
11. Entire Agreement
The Agreement set forth in the entire agreement of the Parties replaces and supersedes any previous agreement between the Parties on the subject, whether oral or written, expressed or implied.
By signing this Agreement, the Author understands and agrees to all the terms and conditions specified in this Agreement.
12. Amendments
No amendment of, addition to, or modification of this Agreement shall be effective unless reduced to writing and signed by the Parties hereto.
13. Jurisdiction
Any and all actions or proceedings arising out of or relating to this Agreement will be governed by and interpreted in accordance with the law of Canada and will be subject to the exclusive jurisdiction of the courts located in Canada.
I HAVE READ, I UNDERSTAND, AND I AGREE TO COMPLY WITH THE CONTENT GUIDELINES, AS WELL AS APPLICABLE LAWS AND REGULATIONS. I HAVE ALSO READ, I UNDERSTAND, AND I AGREE TO THE TERMS SET FORTH IN THIS SERVICES AGREEMENT.
