©2018 BY IRON HEART PUBLISHING HOUSE.

IRON HEART PUBLISHING

Publishing Terms and Conditions

This Publishing Agreement (“Agreement”) is between the Author and Iron Heart Publishing House (“Iron Heart Publishing”). This Agreement covers the concerned parties’ respective obligations regarding the publishing of Author’s Book and/or any other media and entertainment publications including film, music, and artwork.

 

1. Copyright: Author Retains Ownership of Written and Submitted Manuscript

The Author, at all times, retains one hundred (100) percent of all right, title, and interest in and to the manuscript and its contents, including all copyrights, trademarks, derivative rights, and other intellectual property associated with it.

Upon purchase any Editorial related services, the Author owns the copyright to all edited version of the manuscript. The author thereby has the right to alter said versions as the Author sees fit. Prior to any purchases made, all editorial materials are solely the property of Iron Heart Publishing. Iron Heart reserves the right to disclose all material until a purchase agreement has been reached.

In addition, the Author’s copyright does not extend to the working production files used to design and publish the book, which remains the property of Iron Heart Publishing unless Iron Heart Publishing expressly transfers rights to use the working files to the Author. By extension, if the Author chooses to publish the same Book, or a revised edition of the book, or any other variation or version of the book, even by altercation or title change, with another company in the future, Iron Heart Publishing’s in-house design files or print-ready files cannot be used by the Author for that purpose without written consent.

If the Author sends Iron Heart Publishing files to use in the production of the Book, including graphics, illustrations, or images via e-transfer or on a physical drive such as a USB or CD, Iron Heart Publishing is not obligated to store and/or return these materials. The Author should be sure to have copies. Iron Heart Publishing may, in practice, store and return files for Author, but in no event will Iron Heart Publishing be liable for lost or damaged files.

 

2. Author Grants Temporary, Non-Exclusive Rights to the Publication

The author hereby grants to Iron Heart Publishing the non-exclusive, worldwide license to print, publish, distribute, and sell the Book in print and eBook form in the language the manuscript is submitted and/or any other languages intended for publication, on behalf of Author. The author also grants Iron Heart Publishing the rights to make excerpts from the Book viewable on Iron Heart Publishing’s website and promotional channels, or third-party websites that have entered into agreements with Iron Heart Publishing, in order to facilitate sales of and publicity for the Book.

During the term of this Agreement, Author grants Iron Heart Publishing 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 Iron Heart Publishing’s vendors, distributors, and third-party retailers.

Iron Heart Publishing may post pertinent information about Author and the Book on Iron Heart Publishing’s website, promotional channels, and third-party websites including Social Media and E-Commerce sites. Such information may include the Book’s cover, Author’s name and picture, Author’s bio, description of the Book, and other related information.

 

3. Distribution and Royalties

Iron Heart Publishing offers two distribution packages: 1) Managed Distribution, and, 2) Personalized Distribution. Each program has distinct features and advantages. The Managed Distribution Package is designed to be a more convenient option for Authors. Authors who signed up to work with Iron Heart Publishing in the Deluxe Publishing Package, Personalized Distribution is included in the cost of the publishing package with an option to incorporate a Managed Distribution Package.

 

a. Managed Distribution

Under the Managed Distribution Program, Iron Heart Publishing manages the distribution of the book via the various distribution channels and consolidates royalty payments to the Author. Iron Heart Publishing retains 15% of the net royalties received from distribution channels, and distributes the remaining 85% to the Author, all subject to calculations after cost deduction. Because Iron Heart Publishing has met with all taxation regulations with distributors to avoid the 30% tax withheld by the major USA book distribution companies, the Author does not need to do this extra tax paperwork that is required under either Distribution Package.

Iron Heart Publishing agrees to provide the Author with quarterly royalty payments within 15 business days after the end of a quarter The first quarter begins on the 1st of the month following the publication date. Royalty payments include all royalties for the Author’s book(s) that Iron Heart Publishing has received within the quarter that has just ended. All royalties are paid out when the amount reaches or exceeds $100 for the quarter. If the sum of royalties received by Iron Heart Publishing from the Author’s book sales is less than $100, the sum will be carried over to be counted towards the Author’s royalties accumulated in the next quarter. Net Royalties are defined as the total royalty paid by each distribution channel, less any costs associated with processing the royalty payment to the Author.

Both the Personalized Distribution Package and the Managed Distribution Package require minimum thresholds for royalty payments. The Personalized Distribution Package thresholds are determined by each individual distribution channel. The Managed Distribution Package relies on one threshold based on all royalties received across all channels.

In the Managed Distribution Program, after 1 year of the book being in distribution, there is an annual distribution fee per title. This fee is waived for a year if royalties exceed $2,000 in a year. The fee may be waived for 3 years if the Author refers a new client to Iron Heart Publishing under the referral program. Finally, as a guarantee of a high-level service, Iron Heart Publishing will waive the fee for up to one additional year if the Author is not satisfied with our service and completes a client feedback survey with constructive feedback.

Under the agreement, Iron Heart Publishing will manage the relationship with distributors and consolidate everything into one account for the Author. The Author will receive 85% of the Net Royalties.

Royalties are not revenue. Royalties are calculated after all publication costs have been deducted from revenue. Revenue per publication is the MSRP listed price of that individual publication. The publication hereby can be defined as a single copy of the ‘Book’ or ‘Product’ published by an Iron Heart Publishing – Author collaboration as per the agreement.

 

b. Personalized Distribution

Iron Heart Publishing agrees to provide information and guidance to the Author on how to set up their own distribution accounts, or in some cases, Iron Heart Publishing may agree to set up accounts on behalf of the author. The Author hereby authorizes Iron Heart Publishing to enter into agreements and accept the standard terms and conditions for the major distribution options on the Author’s behalf. The Author may be required to create an account and agree to the terms and conditions of each service provider directly.

The royalties owed to the Author under this program are based on the agreements with each distribution partner, and are subject to change by that distribution partner. The distribution channels for each Author will vary depending on the services purchased by the Author.

In the Personalized Distribution Package, the Author has direct ownership of some or all of the distribution accounts. The Author is paid royalties directly by each distribution partner. Iron Heart Publishing does not receive or distribute any royalties on behalf.

Under this package, Iron Heart Publishing grants to the Author the rights to use print-ready production files with the print-on-demand service included in the Author’s services. Iron Heart Publishing agrees that the files will meet the technical specifications of the print-on-demand partner and will fix any files if they are not approved for distribution due to technical requirements.

Each distribution channel has its own minimum thresholds for paying out royalties.

The Author is solely responsible for completing taxation related paperwork to exempt 30% of their royalties to be withheld by US distribution companies.

Iron Heart Publishing is not able to provide tax-related legal advice.

In the Personalized Distribution Package, the Author takes responsibility of managing his or her own distribution accounts. While Iron Heart Publishing will offer resources on how to do this, Iron Heart Publishing is not able to offer unlimited support.

The Author is responsible for paying any fees levied by the distribution channel associated with uploading or revising publishing files. After the first year, the Author is responsible for any fees required to make the book available via any distribution channels. If the Author selects to make their book “returnable” by bookstores, the Author takes responsibility and liability for returns according to the terms of the agreement with the distributor. The Author is responsible for any other fees that each distribution channel may include as part of their service and according to their terms and conditions.

Royalties are not revenue. Royalties are calculated after all publication costs have been deducted from revenue. Revenue per publication is the MSRP listed price of that individual publication. The publication hereby can be defined as a single copy of the ‘Book’ or ‘Product’ published by an Iron Heart Publishing – Author collaboration as per the agreement.

 

c. Calculating net royalties for print-on-demand

To calculate net royalties on sales of the print edition of a book, the Author must set:

  1. The suggested retail price of the book;

  2. The wholesale discount given to booksellers.

 

Whatever wholesale discount is chosen by the Author applies to both online and brick-and-mortar booksellers. The royalty is calculated as the suggested retail price (or ‘List Price’), less the discount given to the seller, less the print-on-demand cost and applicable taxes.

When a retailer sells your book at a discount, it affects only their margin and does not affect the Author’s royalty. The print-on-demand rates, through trade channels, are distinct from Iron Heart Publishing’s bulk printing rates set by Iron Heart Publishing. Iron Heart Publishing’s bulk printing rates are unrelated to Author royalties.

 

d. Printing services

Once the Author’s book is finished design, the Author may choose to print as many or few copies as required. Orders for fewer than 50 copies are subject to a $25 administration fee. If the Author wishes to print with another printer, the Author may purchase print-ready files from Iron Heart Publishing to be used for printing.

If there is a printing quality issue, Iron Heart Publishing in its sole discretion will decide when to issue a reprinting of books. As a general rule, Iron Heart Publishing will reprint books if there is a major error, but not necessarily reprint the books if the issue is minor. A major error such as pages missing from the book, or pages from the wrong book being inserted due to a printing error, would justify a reprint. In such a scenario the Author can contact Iron Heart Publishing with the details and apply for a reprinting of the books. Iron Heart Publishing will not reprint books if there are very minor printing issues that do not affect the readability of the book.

 

e. Ebook royalties

Most ebook retailers require that the ebooks be set at a price consistent with those of other ebook retailers. They also generally require that the ebook price be at least 20% less than the print book price.

Royalties are not revenue. Royalties are calculated after all publication costs have been deducted from revenue. Revenue per publication is the MSRP listed price of that individual publication. The publication hereby can be defined as a single copy of the ‘Book’ or ‘Product’ published by an Iron Heart Publishing – Author collaboration as per the agreement.

 

4. Term of Publishing Agreement

The Agreement shall remain active until either party terminates pursuant to the terms set forth herein or until the delivery of services is completed. The term of this Agreement only covers the publishing process and delivery of services including successfully launching the Author’s book in all agreed distribution channels.

a. Termination by Author

The author may terminate this Agreement at any time and for any reason by providing written notice via email, fax, or certified mail, provided that Iron Heart Publishing acknowledges receipt thereof from the Author. If Author terminates prior to the commencement of the publishing process, Author shall receive a full refund of all monies paid, less $99 to cover payment-processing costs. “Commencement of the Publishing Process” is defined as (a) Author’s submission of the manuscript, or (b) Publisher’s acceptance of the manuscript, or (c) the passing of thirty (30) calendar days from the Author’s first payment, whichever occurs first.

All publishing refunds will be made by Iron Heart Publishing within thirty (30) business days after the notice of termination has been provided by Author. No refunds will be issued once Iron Heart Publishing commences the editing or layout of Author’s Book. Any marketing services purchased by the Author expire and are deemed fulfilled after ninety (90) days from the date they are purchased.

All Web Development refund will only be made by Iron Heart if termination occurs prior to commencement. No refunds will be issued once Iron Heart Publishing commences the editing, design or layout of the Author’s website. Services are deemed fulfilled once the website is published online.

b. Termination by Publisher

Iron Heart Publishing may terminate this Agreement, the provision of any service hereunder, and publication of the Book and/or other related services including Web Development with or without cause, for any reason and at any time, upon written notice to Author. In no event will Iron Heart Publishing be obligated to publish a book of any kind, including but not limited to those which, in its opinion, infringe upon the common law or statutory copyright, violate the right of privacy of any person, contain libelous or obscene material, and/or promote hate, violence, or illegal activities. If Iron Heart Publishing terminates the Agreement, Iron Heart Publishing will immediately refund all monies paid by Author for services not yet commenced.

c. Updates to this agreement

From time to time these terms and conditions will be updated. Updates to the agreement will be posted on the Iron Heart Publishing website.

 

5. Scope of Services & Fees

The scope of services varies depending on the publishing package and services purchased by the Author. Services are listed on the Iron Heart Publishing website and on the invoice. Iron Heart Publishing’s goal is to avoid any unanticipated or “hidden fees.” However, there may be circumstances when extra fees are appropriate and reasonable.

The following list defines the scope of particular services included in some Iron Heart Publishing packages, and outlines applicable fees when work beyond the normal scope of services is required:

 

(i) Editing services can be broken down into three sections: Evaluations, Critical Editing, and Proofreading. Editing is required improve the quality of a manuscript prior to publication. We recommend multiple rounds of editing and proofreading.

 

(ii) Design services include the initial design of the front, back, and spine created by Iron Heart Publishing’s in-house design team using the information supplied by the Author; and includes two rounds of minor revisions based on feedback from the Author. Additional revision rounds may be purchased for $150 per revision round.

 

(iii) Formatting services include the initial layout of the interior by Iron Heart Publishing’s in-house design team using the information supplied by the Author, and includes two rounds of minor revisions based on feedback from the Author. Additional revision rounds may be purchased for $150 per revision round. Complex layouts will be assessed for extra costs on a custom quote basis. In the case that the Author did not purchase editing and/or proofreading services, the Author is solely responsible for the very important role of editing and proofreading the manuscript prior to submission. The Author is responsible for proofing every revision prior to final publication. Proofing is extremely important as errors can occur when importing manuscript files to the software used by professional designers. If the Author makes substantial additions or deletions to the content of the book mid-way through the layout process, a re-layout fee of $500–599 may be charged (or else a custom quote may be generated for complex layout projects.

 

(iv) Paperback and Hardcover Distribution services include securing ISBNs for all book formats and listing the book with distributors.

 

(v) Illustration services include two opportunities for the Author to influence the illustrations, first by outlining ideas prior to the illustrator starting the work and, second, by providing feedback on sketches provided during the process. Iron Heart Publishing’s in-house illustrator will have the final say on the illustrations, taking into account the Author’s vision. Additional fees will apply on a custom quote basis if the Author requires additional revisions or complexities added to the illustrations that go beyond the illustration time allocated for the project. Iron Heart Publishing will keep the working files for illustrations for three months after completion of the project. Any revisions after this point will be considered new illustrations.

 

(vi) Author Website services include securing a domain name if necessary and covering the fee for the domain name, up to $25 for one year; plus setup of hosting and covering the hosting cost for one year; plus setup of five basic pages on the author website. An annual fee of $195 will cover domain name renewal (up to $25) and hosting costs. Additional website work may be available at an hourly rate or on a custom quote basis, or the Author may seek website help elsewhere.

 

6. Author Warranties & Responsibility for Content

The Author takes full responsibility for the content of the work being published, represents and warrants the following to Iron Heart Publishing:

 

(i) Author is the sole author of the work and the sole owner of the copyright in the work. Author either is the sole owner of the copyright in any associated cover or interior graphics supplied by Author for the work, or has secured written permission to use the same in the work. Author has full power, authority and right to enter into this Agreement and to grant the rights herein granted;

 

(ii) This Agreement does not conflict with any arrangements, understandings, or agreements between Author and any other person or entity;

 

(v) The work will not violate or infringe upon any rights of any other person or entity, including, without limitation, copyrights, trademark rights, trade secret rights, other intellectual property rights, contract rights, privacy rights, or publicity rights; and

 

(vi) The work is not defamatory, slanderous, libelous, or obscene, or in any other way illegal; and any recipes, formulae, instructions, or recommendations contained in the work are not and will not be injurious to any reader, user, or any third person.

 

7. Indemnification

The Author agrees to indemnify and hold harmless Iron Heart Publishing, its affiliates and any seller of the work from and against any losses, lost profits, damages, liabilities, judgments, awards, decrees, settlements, or expenses (including, without limitation, reasonable attorney’s fees and court costs) arising from, connected with, or by reason of any breach or alleged breach of any of the representations and warranties set forth in Section 6 above. All representations, warranties and indemnities made by Author herein shall survive termination of this Agreement. “Affiliates” means owners, shareholders, officers, directors, managing members, employees, parents, subsidiaries, affiliated companies, licensees, distributors, vendors, subcontractors, advertisers, internet service providers, attorneys, and accountants and any other person or entity to whom Author extends its representations and warranties to in connection with the production, dissemination, transmission, promotion, publication, or distribution of the work or the exercise of any rights therein or derived therefrom. In defending any such claim, action or proceeding, Iron Heart Publishing shall have the right to defend with attorneys of its own selection and to settle the same, and Author shall fully cooperate in the defense thereof.

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