EBIZ Multi-media Author Terms & Conditions
(1) These Terms & Conditions apply to authors in the EBIZ Institute LLC Multi-media Authors Program (the "Program").
(2) In these Terms & Conditions, "Publisher", "we", "us", and "our" means EBIZ Institute LLC, the brand owned and operated by EBIZ Institute LLC, a company registered in Singapore under company number 202013860H.
(3) In these Terms & Conditions, "Author", "you" and "your" means the individual that is applying to become a multi-media author in the Program and who will accept these Terms & Conditions upon joining the same.
(4) By accepting these Terms & Conditions you agree to be bound by them and shall enter into a binding agreement with us (the "Agreement").
1. Definitions and Interpretation
- 1.1 In these Terms & Conditions the following terms shall have the following meanings:
- "Business Day" means any day other than Saturday or Sunday that is not a bank or public holiday;
- "Cancellations Policy" means our cancellations policy which can be found at www.ebiz.institute/terms;
- "Commencement Date" means the date of your acceptance;
- "Royalty Rate" means the royalties payable by the Publisher to the Author in accordance with Sub-clause11.2, after deduction of withholding tax;
- "Confidential Information" means confidential information disclosed by one party (Disclosing Party) to another (Receiving Party) that
(ii) if disclosed orally or visually, is identified by the Disclosing Party as confidential at the time of disclosure and within 30 days of such disclosure is summarized in a notice to the Receiving Party by the Disclosing Party.
The terms of this Agreement constitute the Confidential Information of each Party.
Notwithstanding the foregoing, in no event is information Confidential Information if it
(a) was in the Receiving Party’s possession before receipt from the Disclosing Party;
(b) is or becomes a matter of public knowledge through no fault of the Receiving Party;
(c) is received by the Receiving Party, without restriction as to further disclosure, from a third party having an apparent bona fide right to disclose the information to the Receiving Party; or
(d) is independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information.
Each Receiving Party shall treat the Confidential Information of a Disclosing Party as confidential and proprietary, including observing with respect thereto the same safeguards and protections that such Receiving Party observes with respect to its own Confidential Information, but in no event shall it afford less than a reasonable amount of protection, and shall not disclose such Confidential Information to third parties without the prior written consent of the Disclosing Party, except
(1) when required to be disclosed by court rule or governmental law or regulation, provided that such Receiving Party gives the Disclosing Party prompt notice of any such requirement and cooperates with the Disclosing Party in attempting to limit such disclosure, to the extent such Receiving Party may do so in compliance with court rule or governmental law or regulation,
(2) that such Receiving Party may disclose this Agreement to its outside counsel, accountants and other advisors if needed in connection with services provided by them to such Receiving Party provided that such persons or entities are bound to confidentiality obligations at least as stringent to those contained herein, and
(3) subject to any other requirements imposed by this Agreement, each Party may disclose the existence and general nature of this Agreement.
- "Work:" means the title of the book that the Author grants and assigns to the Publisher and its international affiliates, subsidiaries and assignees worldwide, all rights, title and interest in and to the copyright of, and the exclusive right to publish and license to publish the first and all subsequent editions in all forms and media in all languages throughout the world;
- "Net Sales Receipt" means sales receipts actually received by the Publisher in selling the Work, less any goods and services tax;
- "all media" includes but is not limited to digital storage and retrieval systems, on-line or satellite transmission, or any device or medium for electronic reproduction, publication or transmission whether currently existing or hereafter known or developed;
- "Intellectual Property Rights" means all proprietary rights worldwide arising under statutory or common law, whether or not registered or perfected, including without limitation all (1) rights associated with works of authorship, including copyrights, copyright applications, copyright registrations and rights in data and databases, (2) rights associated with indicia of source, including trademarks, trade name, trade dress, logos, corporate names and domain names, together with all the goodwill associated therewith, (3) rights relating to patents and patent applications, (4) rights relating to the protection of trade secrets, know-how and other confidential information, and (5) renewals and extensions or any of the foregoing, whether now existing or hereafter filed, issued or acquired ;
- "Registered Email Address" means the email address of the Author as provided in your Registration Data;
- "Registration Data" means the information provided by the Author when registering for enrolment in the Program;
- "Service Package" means a particular set of services available from us through our website as defined in Clause 7; and
2. Enrolment in the Program
- 2.1 By enrolling in the Program you agree that, at the time of registration, you will provide accurate and complete Registration Data and that you shall inform us of any changes in your Registration Data.
- 2.2 Upon your acceptance of these Terms & Conditions, subject to our approval and sub-clause 2.4 below, the agreement is deemed to be in effect. You will not be sent a signed Author Agreement in hard copy.
- 2.3 We may, at our sole discretion, review the manuscript of the Work following your acceptance of these Terms & Conditions. You will be informed within 10 Business Days of the outcome of your application. Following your acceptance of these Terms & Conditions, you will receive further instructions and guidance to allow you to commence writing your multi-media book, and the submission of the Work..
- 2.4 We may, in our sole discretion, choose to reject any application for any reason (and are under no obligation to disclose such reasons). Reasons for which an Application may be rejected include, but are not limited to, content on your textbook that:
- 2.4.1 is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable;
- 2.4.2 facilitates or promotes violence, terrorism, or any other criminal activity;
- 2.4.3 is sexually explicit;
- 2.4.4 is deemed not suitable for textbook publication; or
- 2.4.5 infringes or assists or encourages the infringement of any intellectual property rights belonging to any party.
- 2.4.6 deemed to be insufficient in terms of depth or scope of information and/or subject matter.
3. Company / Author Relationship
- 3.1 Nothing in these Terms & Conditions shall constitute, or be deemed to create, a partnership between the Parties; nor, except as expressly provided, shall it designate, or be deemed to designate, any Party the agent of any other Party for any purpose.
- 3.2 Subject to any express provisions to the contrary in these Terms & Conditions, you shall have no right or authority to and shall not do any act, enter into any contract, make any representation, give any warranty, incur any liability, assume any obligation, whether express or implied, of any kind on our behalf or bind us in any way.
- 4.1 The Publisher shall publish or cause to be published a copyright notice in every copy of the Work they may publish or license to be published, the name of the Author shall appear on the title page and on the footer of every page of the Work published or licensed by the Publisher.
5. Author's Delivery
- 5.1 You shall deliver electronically to us within 90 days of agreement,
the complete manuscript of the Work including all photographs and illustrations, in these formats: (a) source files (LaTeX or Microsoft Word) for manuscript text and (b) source files (PSD format in 300 dpi) for illustrations and photographs. 5.2 We reserve the right to return the manuscript to you for necessary revision if the manuscript does not meet our requirements.
- 5.3 We reserve the right to require you to alter or delete anything which we consider objectionable or actionable at law, but any such alteration or indemnity shall not affect your full liability as described above.
6. Author's Book Sales Reporting
- 6.1 We provide services through our website, www.ebiz.institute, for the monitoring of the sales of your multi-media textbooks. In your Author Dashboard, you will be able to view all the products that you will get royalties for.
6.1.1 the number of copies of the book sold
6.1.2 the royalty rate
6.1.3 net sales receipts
6.1.4 the royalties due to you
- 6.2 Full reports of all sales generated will be available in your Author Dashboard at www.ebiz.institute. We reserve the right to alter the form and content of such reports without notice.
- 7.1 You will be paid royalties at the rates set out in Sub-clause 7.2.1 for the books you authored.
- 7.2 Royalties shall be calculated on the following basis:
- 7.2.1 All book sales for multi-media books written by the Author will attract a commission of 10%.
- 7.3 In the event that a customer does not pay us for the book, no royalty will be paid.
- 7.4 We shall pay the royalties, if any, owing to you on February 1st of each year. If the aggregated and accumulated amount of royalties falls below US$200, you agree that it will be accrued to your royalty account until it reaches US$200. Your statement can be viewed at the Author Dashboard at www.ebiz.institute, and shall be deemed true and accurate and conclusively binding on you if not disputed in writing by you within ninety (90) days;
- 7.7 Royalties will be sent to the PayPal email address of the Author or bank account as provided in their Registration Data. Existing EBIZ Institute LLC subscribers may get part of their royalties in the form of free courses or Promotional credits added to their accounts, up to the sum of their monthly or yearly subscription fees payable to EBIZ Institute LLC. Any subsequent commissions shall be sent to their PayPal account, as described above.
- 7.8 In the event of any refunds issued for any reasons including, but not limited to fraud and where such refunds are not incurred through any fault of ours, you may be contacted to arrange for the repayment of any related commission.
- 7.9 Any and all royalties paid to you shall be based on sales revenue less any tax due; however, you may still be liable to pay tax on your royalties. By accepting these Terms & Conditions you hereby acknowledge that you are solely responsible for the payment of tax on any income you may generate through your involvement in the Program.
- 7.10 We reserve the right to modify our Royalty Rates at any time. However, these modifications will not apply to books that are already published.
- 8.1 We shall not be liable to you for any indirect or consequential loss that you may suffer even if such loss is reasonably foreseeable or if we have been advised of the possibility of such loss being incurred.
- 8.2 Our entire liability to you in respect of any breach of our contractual obligations, any breach of warranty, any representation, statement or tortious act or omission including negligence arising under or in connection with these Terms & Conditions or the Agreement shall be limited to $1.
- 8.3 Notwithstanding any other provision in these Terms & Conditions, our liability to you for death or injury resulting from our own negligence or that of our employees, agents or sub-contractors shall not be limited.
- 9.1 Each Party (a “Receiving Party”) shall keep the Confidential Information belonging to the other Party (a “Supplying Party”) confidential and secret and shall not use or disclose or make the Confidential Information available, directly or indirectly, to any person other than its officers and employees who need the Confidential Information to enable the Receiving Party to perform its obligations under these Terms & Conditions and provided that such officers and employees are also obliged to keep such Confidential Information confidential and secret. The foregoing obligations shall not apply to any information acquired by the Receiving Party which:
- 9.1.1 at the time of its acquisition was in the public domain; or
- 9.1.2 at a later date comes into the public domain through no fault of the Receiving Party.
- 9.2 Each Party hereby agrees and undertakes:
- 9.2.1 that all Confidential Information shall be and shall remain at all times the sole and exclusive property of the Supplying Party;
- 9.2.2 that its right to use Confidential Information shall wholly cease upon the termination of the Agreement; and
- 9.2.3 to return to the Supplying Party on termination of the Agreement all material embodying Confidential Information (including information stored on digital media) or any part thereof and all copies thereof.
10. Force Majeure
Neither Party to these Terms & Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to, power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
The Parties agree that in the event that one or more of the provisions of these Terms & Conditions is found to be unlawful, invalid, or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms & Conditions. The remainder of the Terms & Conditions shall be valid and enforceable.
- 12.1 Unless otherwise stated in these Terms & Conditions, the Parties agree that all notices to be served under the Agreement shall be in writing and may be sent by email to the other Party’s Registered Email Address.
12.2 These Terms & Conditions shall embody and set forth the entire agreement and understanding between the Parties and shall supersede all prior oral or written agreements, understandings or arrangements relating to the Program or the relationship between the Parties. Neither Party shall be entitled to rely on any agreement, understanding or arrangement not expressly set forth in these Terms & Conditions, save for any representation made fraudulently.
- 12.3 Unless otherwise expressly provided elsewhere in these Terms & Conditions, the Agreement may be varied only by a document signed by both of the Parties.
- 13.1 These Terms & Conditions and the Agreement shall be governed by the laws of Delaware, United States of America.
- 13.2 Any dispute between the Parties relating to the Agreement shall be fall within the jurisdiction of the courts of Delaware, United States of America..