Introduction

Thank you for choosing Writer’s Relief to help you self-publish your writing. This document contains the Terms and Conditions of our Agreement and will constitute a contract between you (“Author”) and Writer’s Relief. The failure of either party to adhere to this agreement will result in termination of the contract.

1. Author's Rights.

The Author retains all rights of ownership for the Author’s work. Writer’s Relief will not possess any rights of ownership of any material belonging to the Author and will function solely as the provider of services including but not limited to formatting, file conversion, cover design, and promotional advice.

The Publisher of Record will be the Author or the Author’s designated entity, not Writer’s Relief.

2. Warranties

The Author warrants and represents to Writer’s Relief that the Author has the right to enter into this Agreement.

The Author warrants and represents that the Author is the sole owner of the writing and of the copyright of its content. If the Author has previously published the writing in any form, the Author warrants and represents that the Author retained all the rights for this work.

The Author warrants and represents that appropriate permissions have been obtained for the use of any quoted material from the work of other authors and any visual art created by others. Writer’s Relief will not be held responsible for wrongful use on the Author’s part of the intellectual property of others.

The Author warrants and represents that the Author is at least eighteen (18) years of age. If the Author is under the age of eighteen (18), the Author’s parent or legal guardian warrants and represents that the parent/guardian is executing this Agreement on behalf of the Author and assuming all liability for the warranties and responsibilities set forth herein, including guarantying payments due under this Agreement.

3. Deadlines

The Author acknowledges that failure on the Author’s part to meet stated deadlines will result in a delayed publication date and may void this contract.

4. Third-Party Services

Writer’s Relief will use Kindle Direct Publishing (KDP) to create the paperback version and/or the Kindle version and/or the hardcover version of the Author’s submitted work. Writer’s Relief will use Barnes&Noble Press to create the Nook version of the Author’s submitted work, if that is included in the chosen package. The Author may request the use of IngramSpark instead of KDP to create the paperback and/or hardcover versions but understands this carries additional fees. It is the responsibility of the Author to read and agree to KDP’s, and/or Barnes&Noble Press’s, and/or IngramSpark’s Member Agreements, as these agreements exist solely between the Author and KDP/Barnes&Noble/IngramSpark. The Author authorizes Writer’s Relief to accept the aforementioned third-party agreements on the Author’s behalf.

5. Disclaimers

The Author acknowledges and understands that a) any digital images Writer’s Relief may use to create the Author’s custom book cover may be rendered using the color model RGB (red, green, blue); b) that once printed, all images become rendered in the color model CMYK (cyan, magenta, yellow, black); and c) that as a result, some printed colors may not be an exact match to their digital counterparts. Writer’s Relief represents that it will do its best to preserve the integrity of the colored images, but there may be some discrepancies that will be out of Writer’s Relief’s control. The Author acknowledges that such production process may result in some discrepancies and agrees that any such discrepancy does not void this Agreement or create any liability on the part of Writer’s Relief.

Writer’s Relief will make every reasonable effort to make the formatting of the electronic version(s) reflect the format of the print edition; however, some design elements are not supported in the electronic format and will have to be handled differently. Writer’s Relief is not responsible for such unsupported elements or any resulting design differences.

Writer’s Relief will send proofs of the print book(s) and/or the e-book. The Author’s written approval of the proofs represents the Author’s acceptance of full responsibility for the format and contents of the print book(s) and the e-book(s).

If the Author chooses not to use Writer’s Relief’s proofreading service, the Author indemnifies and holds Writer’s Relief harmless for any errors, discrepancies, misstatements or any other defect that a proofreading process would normally identify in any manuscript or published material.

6. Revisions

For the agreed-upon fee, Writer’s Relief shall provide one round of revisions following the Author’s review of the proofs. Additional revisions will incur fees.

The Author warrants and represents that the content of the submitted work is in its final form, and acknowledges that any pre-publication content changes requested after initial submission of the work will be made by Writer's Relief for an additional fee of $120 per hour.

7. Payment

The Author shall pay Writer’s Relief one-half of the agreed-upon fee prior to the commencement of the work. The final payment shall be due upon the Author’s final approval of the proofs.

The email entitled “Your Preliminary Estimate from Self-Publishing Relief” outlines the fees. The Author acknowledges receipt of this email and agrees to the fees and schedule therein. A tentative publication date will be provided by Writer’s Relief upon Author’s submission of all book content.

8. Author Copies And Files

Writer's Relief shall provide complimentary print copies based on the package chosen and the final files used to produce the print and/or electronic books to the Author or Author's designee.

9. Royalties

Royalties will be paid directly to the Author by KDP and/or Barnes&Noble Press and/or IngramSpark. Any royalty Agreement shall be directly between the Author and KDP and/or Barnes&Noble Press and/or IngramSpark; Writer’s Relief is not a party to any royalty Agreement and shall have no interest in or claim thereto.

10. Pre-Publication Assistance

If the Author requests assistance that is not included in the package prior to the completion of the publication project, Writer’s Relief will provide such assistance at the rate of $120 per hour.

11. Post-Publication Assistance

If the Author requests assistance after the publication project is complete, Writer’s Relief will provide such assistance at the rate of $120 per hour.

12. Refunds Upon Breach

If Writer’s Relief does not provide the services set forth hereunder within the time frame agreed, or if no specific time frame is agreed upon, within a reasonable period of time given the work contracted for, Writer’s Relief shall provide a refund of any funds paid within thirty (30) days of written notice of termination by the Author.

13. Termination by Writer’s Relief

Writer’s Relief shall have the right to terminate this agreement with immediate effect at any time prior to publication date due to, but not limited to, delays created by Author, inaccuracy in information provided by Author, or other breaches of obligations or representations. Appropriate refunds will be given to the Author based on work already completed at time of termination.

14. Indemnification

The Author indemnifies and holds Writer’s Relief harmless, including its officers, owners, and employees from any claim or demand (including reasonable counsel fees) made by any third party due to or resulting from the Author’s use of Writer’s Relief Self-Publishing Relief services, violation of this Agreement by the Author, or infringement by the Author of the intellectual property or rights of any person or entity.

15. Choice Of Law And Venue

The parties agree that in the event of any dispute between the Author and Writer’s Relief, the Laws of the State of Delaware shall apply and that in the event of any litigation concerning this Agreement, the parties agree that the Superior Court of Delaware, Sussex County, shall be the proper venue.

16. Survival

In the event that any portion of this Agreement shall be deemed void or voidable, all other provisions of this Agreement shall survive and be enforceable.

17. Miscellaneous Provisions

The parties have entered into this Agreement freely and voluntarily.

The parties have had the assistance of independent counsel prior to entering into this Agreement, or not having had counsel, waive the right to have counsel prior to entry into this Agreement.

This is the entire Agreement between the parties.

Any amendment to this Agreement shall be in writing and signed by both parties.