The Vision to Fruition Publishing House
Publishing Terms & Conditions
***Please Note - The Vision to Fruition Publishing House, is a legally registered subsidiary of The Vision to Fruition Group LLC in the State of Maryland.
A. The Vision to Fruition Publishing House (hereinafter “we” or “us”) is engaged in the business of providing services and products to authors seeking to publish, promote and sell their manuscripts (“Work”) to which they own the copyright.
B. You desire to utilize us for hire as your provider of selected formatting, editing, proofing, selling, and distribution services and other services as may be mutually agreed upon from time to time (the “Services”) in conjunction with the publication, distribution, selling, marketing, and promotion of your Work. We desire to perform these Services selected by you subject to the following terms and conditions (the “Terms and Conditions”). These Terms and Conditions are part of each service offered by us through this website and purchased by you.
NOW THEREFORE in consideration of the promises hereinafter set forth and for valuable consideration, receipt whereof is acknowledged; the parties agree as follows:
1.1 You will complete the following before we will perform any Services:
Signature on Terms and Conditions Page
Deposit for Services Selected
Work in a format acceptable to us
1.2 The Author hereby grants and assigns to the Publisher the right to publish the Work on behalf of the Author; in the English language, in print paper or hardback and/or eBook format. The format will be determined by the package the Author chooses.
1.3 You understand that if more than one author is contributing to the Work (“Joint Work”), the individual who signs the Terms and Conditions Page will be the sole point of contact with whom we will communicate regarding all matters related to the Work and the parts constituting these Terms and Conditions.
1.4 You will electronically submit to us a copy of the Work in a Microsoft Word document on or before the agreed-upon date, communicated via email correspondence (hereinafter referred to as the "Initial Delivery Date"). Failure to deliver in all respects as defined herein shall just cause for the Publisher to terminate this agreement unless amendments are agreed upon by both parties. Any subsequent changes or editorial revisions requested by you shall result in additional charges if the Work is NOT submitted in a format acceptable to us.
Typed in Microsoft Word, 12-font size, Palatino Linotype font, with 1.25 spacing.
1.5 If the Publisher, in its sole discretion, reasonably deems the Manuscript, and/or any other materials delivered by the Author to be unacceptable in form and substance, then the Publisher shall promptly advise the Author by written notice, and the Author shall cure any defects and generally revise and correct the Manuscript and/or other materials to the reasonable satisfaction of the Publisher, and deliver a fully revised and corrected Manuscript and/or other materials promptly after receipt of the Publishers notice.
1.6 If the Author fails to deliver the Manuscript or other materials required under this Agreement, and/or any revisions and corrections thereof as requested by the Publisher, on the dates reasonably designated by the Publisher, or if the Author fails to do so in a form and substance reasonably satisfactory to the Publisher, then the Publisher shall have the right to terminate or amend this Agreement by so informing the Author in writing. Upon termination by the Publisher, all rights granted to the Publisher under this Agreement shall revert to the Author. All payments made by you to us are non-refundable.
1.7 The Publisher shall have no rights to the Authors Intellectual Property contained in the completed Work and shall only be granted the right to publish the Work on the Authors behalf.
1.8 If at any time during the effective term of this Agreement, a claim shall arise for infringement or unfair competition as to any of the rights which are the subject of this Agreement, the parties may proceed jointly or separately to prosecute an action based on such claims. If the parties proceed jointly, the expenses (including attorneys’ fees) and recovery, if any, shall be shared equally by the parties. If the parties do not proceed jointly, each party shall have the right to proceed separately, and if so, such party shall bear the costs of litigation and shall own and retain any recovery resulting from such litigation. If the party proceeding separately does not hold the record title of the copyright at issue, the other party hereby consents that the action is brought in his, her, or her name. Notwithstanding the foregoing, the Publisher has no obligation to initiate litigation on such claims and shall not be liable for any failure to do so.
1.9 Nothing contained in this Clause shall be construed as limiting, modifying, or otherwise affecting any of the rights granted to the Publisher under this Agreement.
1.10 You will retain all rights to the content of the Work. As part of the Services, you may purchase proofreading and editing services provided by us. You will have final authority concerning suggested editing changes made by our editors. After the Work has been edited, the editor will send a copy for approval. The Author will have seven (14) days to review, approve and Sign Off on the edited manuscript. Also, additional edits after the first changes will only be for typos, misspellings, incorrect details/content, and major errors. The cost for additional changes will be billed at a rate of $65.00/per hour with a one-hour minimum.
1.11 The Author shall execute and deliver to the Publisher any documents which the Publisher reasonably deems necessary or appropriate to evidence or effectuate the rights granted in this Agreement.
1.12 The Publisher will format the Work (based on the package selected) and the Work’s Cover, in paper or hardback, and/or in an electronic format (eBook) that is readable using a computer or other electronic devices. The Publisher will also retain final discretion over the style and formatting of the Work and its cover. You acknowledge that you may not utilize the formatted Work, International Standard Book Number (ISBN), and cover with any other publisher.
The Publisher will issue and own the ISBN of the book, which will allow the Publisher to be given credit for publishing the Work unless otherwise mutually agreed upon. The Publishers imprint will be displayed as follows:
Publisher: The Vision to Fruition Publishing House
1.13 Upon your completion of the Sign Off (approval of final draft), we will make the completed Work available through the distribution channels (including online or electronic distribution channels such as websites, Amazon, Kindle, and the like) based on the package selected. You agree to pay all applicable fees associated with purchasing copies of your Work.
1.14 We will use reasonable efforts to assist you in promoting the Work consistent with the promotional services purchased by you. You acknowledge that some promotional offerings will not be fulfilled until after the Work is available for distribution. However, we cannot guarantee sales of your Work. We make no guarantee or promises as to the minimum success of the Services or the number of book sales that may result from the Services. We have no control over the purchasing decisions of consumers and are not liable to anyone if the Work does not sell to your expectations.
1.15 The Publisher agrees to publish the Work within forty (40), eighty (80), or one hundred twenty (120) days from the Initial Delivery Date. The package the Author chooses will determine turnaround time. In case of delays from causes beyond the control of the Publisher, or in case the Author fails to return any corrections or requested changes within seven (7) days after they have been delivered, an extension will be discussed, agreed upon, and placed in writing. Should the Publisher fail to publish the Work before the expiration of said extension period, except as provided herein, its failure to do so shall be deemed cause for the Author, if they so desire, to terminate or amend this Agreement.
2. YOUR LEGAL RESPONSIBILITY
2.1 The Author represents that: (i) you are the sole copyright owner of the Work and all its content; or (ii) you are the co-author of a Joint Work.
2.2 You represent that the Work does not infringe upon any statutory or common law right of copyright, libel, or privacy of any third party.
The Author agrees that during the existence of this Agreement, the Author will not prepare or cause to be prepared or published in Author’s name or otherwise, any Work that shall interfere with or injure the publication of the Work herein specified.
2.3 You represent that you are the owner of any trademarks and/or trade names associated with the Work and that the usage of such trademarks or trade names does not infringe upon the rights of third parties. The Author agrees to hold the Publisher harmless against any damages, including attorney's fees, finally sustained in any suit involving the Author because of a violation of any of these warranties.
2.4 If any such suit is instituted, the Author shall promptly notify the Publisher. If a final adverse judgment is rendered and is not discharged by the Author, the Author must promptly notify the Publisher and settle any outstanding balances for Work completed. The Author undertakes for his/herself, his/her successors and assigns, to execute at any time, on request of the Publisher, any document or documents to confirm or continue any of the rights defined herein and to take all proceedings necessary to enforce copyright in the United States and elsewhere.
2.5 If the Author unreasonably disapproves of any out-of-court settlement recommended by the Publisher and the claim or suit proceeds to trial, the Author shall be liable for all the Publisher's fees, costs, damages, and expenses connected with such trial regardless of the outcome. The Publisher shall have the right to reasonably extend the benefit of the indemnities to any person, firm, or corporation at any time, and the Author shall be liable thereon as if Authors warranties were originally made to such person, firm, or corporation.
2.6 You further represent that the Work does not contain illegal, unlawful, or objectionable material including, but not limited to, pornography, obscenity, or hate speech. You acknowledge that the Work is not plagiarized and does not include falsely attributed statements of third parties. You acknowledge that the Work is original and not in the public domain, except Bible Verses; that it does not violate the right of privacy of any person.
2.7 The copyright of the Work, if not heretofore registered, shall be registered by the author, upon first publication, promptly in the name of the Author, in the United States and such other countries as the Publisher deems feasible or desirable, and the proper copyright notice or notices necessary to protect copyright to and in any Work 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 will not hold any copyright to the Work, the copyright will be held solely by the Author.
2.8 You completely and wholly accept responsibility for the content of the Work. We reserve the right to discontinue all Services if you violate the above representations and retain all monies deposited to The Vision to Fruition Publishing House.
2.9 All rights in the Work now existing or which may hereafter come into existence, except those hereby specifically granted to the Publisher, are reserved to and by the Author for Authors use.
2.10 The provisions of Section 2 (two) shall survive the termination of this Agreement.
3. OUR LEGAL RESPONSIBILITY
We are not legally responsible in any way or means for your Work.
3.1 We are not liable to any third party for the Work, regardless if we had any knowledge or could have reasonably known of any illegal, unlawful, or objectionable content in Work.
3.2 We reserve the right to refuse to provide and/or to discontinue ALL Services upon our discovery of any violation by you of these Terms and Conditions, any other actions, omissions, or misconduct by you concerning Work, and/or your performance under these Terms and Conditions. In the event a complaint is made by a third party regarding the Work, we reserve the right to suspend the Services per Section 6 until the complaint is satisfactorily resolved, as determined by us in our sole discretion.
3.3 We will not be responsible for retrieving the Work or for any sales of Work in the possession of any entity other than us.
3.4 We will be permitted to publicize information concerning the Work in connection with the advertisement, promotion, and marketing of the Services offered by us, including, but not limited to, publication of the name and a description of the Work and success relating to the sale of your Work. We also have the right to use, display, promote, market, distribute, exhibit, and take excerpts from the Work or information regarding you or the Work, in electronic or print format. Electronic excerpts shall be viewed on our website or partner websites that have entered into agreements with us, to facilitate the promotion, marketing, distribution, and sales of the Work. This grant includes our vendors and affiliates. You agree to promptly provide any information requested by us.
3.5 The Publisher reserves the right to advertise and solicit new authors on the copyright page and/or on the last page of the Author's Work.
3.6 The Publisher reserves the right to advertise and solicit new authors on the Publisher's website by using the Authors Cover, Name, Book Title, and book description.
3.7 We will not be liable for delays, errors, or non-performance of Services caused by any of our third-party vendors, suppliers, or you.
4. INDEMNIFICATION AND LEGAL DISCLAIMER
Except as stated in these Terms and Conditions, we disclaim any warranties, conditions, or representations (expressed or implied, oral or written), conditions, or representations (expressed or implied, oral or written), concerning the Services, or any part thereof, including any implied warranties or conditions of title, compatibility, or fitness or suitability for any purpose (whether or not we know, have reason to know, have been advised, or are otherwise, in fact, aware of any such purpose), whether alleged, arising by operation of law, custom or usage in the trade, or by course of delaying. In addition, we expressly disclaim any warranties or representations to any person other than you concerning the services or any part thereof. In no event will we be liable to you or the Services or any part thereof. In no event will we be liable to you or any other person for lost profits or revenues or incidental, consequential, special, direct, or punitive damages. We assume no liability for any loss, damage, injury, or claim of any kind of character to any person or property, including, but not limited to, you or any third party, arising from, relating to, or in connection with the submission of the Work for the Services undertaken by us under these Terms and Conditions and the subsequent sale or distribution of the Work. You agree that submission of the Work (including, without limitation, manuscripts, pictures, and diskettes) to us is at your own risk and agree that we will have no liability related to the misplacement or loss of the Work unless determined negligent by The Vision to Fruition Publishing House.
If a claim is presented against us alleging that the Work is an infringement of the Work otherwise violates or adversely affects the rights of third parties, we are hereby authorized, at our election: to negotiate, compromise, or settle such claim, subject to your approval, which approval shall not be unreasonably withheld or delayed; or defined the institution of any action thereunder at your expense. You agree to defend the institution of any action thereunder at your expense. You agree to defend, indemnify and hold harmless us and our employees, shareholders, directors, representatives, successors, and assigns of an from all or any manner of claims, demands, suits, actions, losses, costs, liabilities, damages, settlements, awards, judgments, attorney fees, professional fees, costs and expenses arising from or relating to: claims of third parties regarding ownership, trademark, copyright, libel, slander, plagiarism, privacy, misappropriation, and similar claims relating to the Work; the sale and distribution of the Work; and any misrepresentation, breach or default by you under these Terms and Conditions or any other agreements or understandings between the parties. Until our claim for indemnity has been fully satisfied, we may, at our sole discretion, retain all payments due you under Section 5 of these Terms and Conditions, cease providing any further Services, and you shall have no right to receive a refund of any monies paid to you by us. In addition, you agree to abide by and comply with the policies promulgated by us concerning requests or complaints from third parties regarding the Work.
5. ROYALTIES, ACCESS, FULFILLMENT, AND SERVICES
5.1 Our authors keep 100% of royalties.
5.2 All profits earned by the Author belong solely to the Author. The Publisher is not entitled to any additional royalties outside of the agreed-upon Service Invoice.
5.3 Pricing. All eBooks will have a default price of $9.99, unless the paperback format of the Work has a price less than the default price, the Work will be sold at the lower price. The price of Paperback books will be determined and mutually agreed upon before publication.
5.4 The Author agrees to pay the Publisher the agreed-upon amount found in the invoice. In exchange for payment to the Publisher, all products and services that are itemized on the invoice will be rendered by the Publisher on behalf of the Author, the Publisher will publish the Work on behalf of the Author.
5.5 All applicable deposits and/or payments to us must be made before its commencement of the selected Services. All payments made by you to us are non-refundable.
6. AUTHOR CHANGES TO THE WORK
6.1 The Publisher agrees to allow the Author to make changes in the Work, at the final proof stage, at the rate of $65.00 (USD) per hour with a minimum of one hour, other than for corrections of compositor's errors. Should the cost of such alterations exceed this sum, the balance will be charged to the Author, provided, also, however, that the Publisher shall promptly furnish to the Author an itemized statement of such additional expenses, and shall make available the corrections for inspection by the Author. The Author agrees to acknowledge and approve changes, no later than seven (7) days after the receipt thereof.
6.2 After consultation with the Publisher, the Author shall have the right, but not the obligation, to publish and re-publish the Work at the Authors expense in such format and style, cover or covers, manner, and advertisement, and at such price, as it deems suitable except that the initial publication shall be with a title and price agreed to by the parties in writing.
6.3 If the Publisher wishes to make editorial changes or deletions in the Work manuscript, it shall consult with the Author before publication about these changes, and if the Author and Publisher cannot agree on the changes or deletions, the issues at question shall be decided upon by the author who owns the rights to the Intellectual Property contained within the manuscript.
6.4 If at any time while this Agreement continues in force the Author deems the publication of a new edition or revision of the Work desirable, it shall notify the Publisher, by letter. If the Publisher is able and wishes to undertake the preparation of such a new edition, or revision at the Authors expense, he or she shall so inform the Author in writing within thirty (30) days of receipt of said notice. Such new edition or revision, if undertaken by the Publisher, shall contain such material as the Publisher and the Author agree to be appropriate thereto, and the date of delivery of the manuscript and all associated fees thereof shall also be established by mutual written agreement.
7. TERMINATION OF AGREEMENT
7.1 Suspension of Services. Upon a breach, default, or failure by you to comply with these Terms and Conditions or the failure to cooperate with us in the provision of any Services, we will have the right to suspend any or all performance until you cooperate with these Terms and Conditions and/or cooperate with us in the provision of Services. In the event of termination of the agreement, we will discontinue distribution of the Work, and the provisions addressing future performance shall survive the termination. All monies are non-refundable.
7.2 In the event of termination of this agreement, the rights herein granted to the Publisher shall revert to the Author.
8. NO WAIVER
8.1 Any waivers of rights must be in writing and no prior waiver will affect a party’s rights as to a subsequent breach. Our rights and remedies shall be distinct, separate, and cumulative. No action or inaction by us shall operate to exclude or deprive us of any other rights allowed to us by law.
8.2 The failure of either party to exercise any of its rights under this Agreement for a breach thereof shall not be deemed to be a waiver of such rights, and no waiver by either party, whether written or oral, express or implied, of any rights under or arising from this Agreement shall be binding on any subsequent occasion; and no concession by either party shall be treated as an implied modification of the Agreement unless specifically agreed in writing.
If any part of these Terms and Conditions is found or declared invalid, void, unenforceable, or illegal, that shall not affect the validity of the remaining portions of this Agreement. The remaining provisions of these Terms and Conditions shall continue to be binding and effective.
All notices, requests, demands, and other communications about these Terms and Conditions shall be in writing and shall be deemed given when received upon delivery by hand, transmission by email at firstname.lastname@example.org, or mail to the address as follows:
The Vision to Fruition Group LLC
15912b Crain Hwy Ste 104
Brandywine MD 20613
Any such notice shall be deemed delivered (i) on the day of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; or (iii) on the actual delivery date of an electronic mail message (email).
11. GOVERNING LAW; ARBITRATION, JURISDICTION
Our agreement and these Terms and Conditions shall be governed by and construed under the laws of the State of Maryland without recourse to conflicts of law principles. Any dispute between the parties MUST be submitted to binding arbitration administered by the American Arbitration Association (“AAA”) to take place in Maryland before one arbitrator per the Commercial Arbitration Rules and Mediation Procedures of the AAA (“AAA Rules”). You acknowledge and agree that the Services provided to you are solely for commercial or business purposes and NOT for personal or household use. The parties hereby expressly acknowledge and agree that the Supplementary Procedures for Consumer-Related Disputes under the AAA Rules shall
not apply to arbitration according to these Terms and Conditions. In the event you institute such arbitration, then without limiting the applicability of the AAA rules, you must serve the complaint initiating arbitration upon us at the address provided above at the same time as you submit such complaint to the AAA. The arbitrator will be obligated to award the prevailing party of any such proceedings all costs, attorney fees, and other expenses incurred by such prevailing party in the arbitration proceedings. Any award entered by the arbitrator may be enforced in any court of competent jurisdiction.
Our invoice and these Terms and Conditions may not be transferred, delegated, or assigned by either party without the prior written consent of the other party, except that we may assign the invoice and these Terms and Conditions in connection with the sale of our business or a merger with a third party. These Terms and Conditions shall be binding upon and shall inure to the benefit of, the successors and assignees of you and us.
No amendment of, addition to, or modification of this Agreement shall be effective unless reduced to writing and signed by the parties hereto. We may amend these Terms and Conditions, at any time with 30 days' electronic or written notice to you. Such notice may be made to you via electronic mail, facsimile, or postal mail. You will be deemed to have accepted and agreed to these amendments unless you submit a written request to terminate this agreement via written notice to us within 30 days at the address in Section 9 of these Terms and Conditions, which shall be your sole and exclusive remedy in the event of your disagreement to such an amendment.
14. FORCE MAJEURE
The failure of the Publisher to publish or republish any of the Work shall not be deemed to be a violation of this Agreement or give rise to any right of termination or reversion if such failure is caused by restrictions of government agencies, labor disputes, or inability to obtain the materials necessary for its manufacture, or occurs for any other reason beyond the Publisher's control; acts of God and in the event of a delay from any such cause, the publication date or reissue may be postponed accordingly.
15. PURCHASE OF ADDITIONAL SERVICES
In the event you purchase additional services, these Terms and Conditions take precedence for all services. Information regarding other services is available on The Vision to Fruition Group’s website at www.vision-fruition.com, www.applypressurecoaching.com, and subsequent pages. That information, in conjunction with these Terms and Conditions, shall be binding for the use and fulfillment of each service that you may select.
16. TERM OF THE AGREEMENT
Unless previously terminated as provided herein, this agreement shall continue in force until three (3) weeks after publication of the Work or until the Author has paid for all services rendered in full, but no longer than six (6) weeks after the date of all services rendered, the date of publication and all fees have been paid in full.
17. ENTIRE AGREEMENT
The Terms and Conditions contain the entire agreement of the parties and replace and supersedes any previous agreement between the parties on the subject, whether oral or written, express or implied, and all prior agreements or communications between the parties concerning the subjects contained herein. These Terms and Conditions may not be amended orally, but only by an agreement in writing that is signed by both parties.
This Agreement shall be interpreted according to the laws and statutes of the United States of America and the State of Maryland, where the Publisher is headquartered. Any litigation relating to this Agreement shall be pursued in the Superior Court, State of Maryland.