The writer's agreement with CUT....
This is the Writer’s Agreement with Cut A Long Story Limited
General Terms and Conditions:
- The writer wishes Cut A Long Story Limited (CUT) to publish the story or other work in the form of a digital e-book, and grants CUT the non-exclusive right to proof read and correct as per clause 6, format, digitize, advertise, distribute and sell, and deliver the e-book on the CUT website as CUT deems appropriate, and collect all monies further to the sales of the e-book by CUT on a non-exclusive basis, meaning that the writer can pursue the sale of their work elsewhere, at any time, as long as they do not use the digital e-book file created by CUT.
- In addition to creating the e-book from the writer’s submitted work and collateral material (including cover photograph, writer picture and biography, testimonials and credential information) at no cost to the writer, CUT will pay the writer 50% of all proceeds from the sale of the e-book, after deducting the cost of the transaction with the customer (reader). Transaction costs are related only to VAT and those of the online digital payment service provider (currently Paypal).
- In return for the service provided by CUT, outlined in 1 and 2 above, the writer gives CUT the right to publish (on-line only) for an uninterrupted period of ninety-nine years, non-exclusively from date of submission.
- CUT agrees to pay royalties to the writer, when requested to do so by the writer, subject to a minimum payment of £20.
- It is the writer’s responsibility to submit/upload their manuscript and all collateral material to CUT, in a format consistent with the guidelines set out on the website. Failure to do so may result in the e-book not being published.
- Stories or pieces of work which, in the view of the CUT team, are of a publishable standard, may be accepted and made available for sale. If, in the opinion of the CUT team, there are minor typographical errors (as distinct from clear creative choices), these will be corrected. A substantial number of such errors, however, would be a reason for a submission being rejected. Stories will be formatted to preserve the writer's stylistic choices, using CUT’s defined format, but since e-Reader files (EPUB and MOBI) are subject to a user's preferences, CUT cannot guarantee absolute consistency in how an e-book may be displayed on different devices. In the unlikely event of any error being subsequently identified, CUT will undertake to correct it.
- CUT retains the right to (i) convert or otherwise render the uploaded version of a title intended by the Writer for publication, including without limitation any text, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material contained therein, into an e-book, in a format suitable for the sale, distribution, marketing, display and promotion of such e-book by CUT, (ii) store the e-book and collateral material on servers hosted by or on behalf of CUT, (iii) index and catalogue the e-book; and (iv) use the e-book as provided herein.
- CUT retains the right to make the e-book available for sale, marketing, display, distribution, licensing and promotion in any commercially available digitized format or on any electronic device platform whether now existing or hereafter created or developed, which offers industry standard and which is distributed and readable via any electronic media and technology of data entry, storage, retrieval, transmission, display, and output of any and all kinds whether now existing or hereafter created or developed, including without limitation computers and hand-held devices.
- CUT will not levy a fee against the writer for conversion of the submitted work into a digitized e-book format and the writer in turn acknowledges that the converted file cannot be distributed or sold on to another party without the prior written consent of CUT.
- CUT retains the right to determine the appearance of all on-line presentation including but not limited to, on-line marketing, listing and e-book appearance.
- CUT reserves the right to distribute and display via download all front matter of an e-book and up to ten percent (10%) of an e-book’s content free as a sampler. CUT further reserves the right to discount or gift any e-book as part of its promotional activities and without prior notification of the discount or gift to the writer. The writer acknowledges that this may affect the royalties payable and CUT undertakes to ensure that any such reduction shall be prorated as against CUT and the writer to ensure that neither is proportionately advantaged.
- It is CUT’s right to discontinue various promotional items. Additionally, CUT reserves the right to make substitutions of various promotional items with or without prior notification of the substitution to the writer.
- CUT is not and will not be liable to the writer or any other person/entity for lost profits or revenues due to, relating to, or in connection with, the submission of e-book collateral material or content.
- CUT is not and will not be liable to the writer for any misplacement or loss of the e-book for any reason. It is the writer’s responsibility to retain complete records and copies of all materials/files relating to the e-book pre and post publication.
- CUT reserves the right to amend any portion of these Terms and Conditions at any time with 30 day electronic notice to the writer. These amendments include, but are not limited to, timing, programs, special offers or policies and procedures. All amendments will be considered accepted if CUT does not receive a written request to terminate the agreement in writing within 30 days of the notification. All amendments are binding and supersede all previous Terms and Conditions. In the event the writer disagrees with any change, the exclusive remedy is to provide termination of all Terms and Conditions and publication of their e-book in writing to CUT, within the 30 day period.
- CUT will endeavour to publish the e-book as soon as is practical but makes no representations to the writer as to publishing turnaround times.
- CUT will not be held responsible for errors in the e-book, including, but not limited to, spelling errors, grammar, punctuation, style of work, corrupted files, computer formatting errors, and missing fonts.
- CUT reserves the right to reject for publication, or remove from publication on the website, any e-book for any reason at any time.
- By accepting these terms and conditions the writer is representing that the piece of work meets the requirements as set out herein. Any changes or corrections thereafter will be subjected to CUT’s post-publication process and may attract costs.
- A royalty statement will be available for the writer to view at any time in their writer’s account.
- Royalty payments are paid to the writer only via Paypal. A writer may request payment of royalties owed, using the option in their writer’s account. CUT will pay royalties only after the total amount due in royalties exceeds £20.00 Sterling.
- To the extent required, CUT will include the writer's name in the publication and in all appropriate publicity material.
- CUT as the publishers will include a copyright notice in the form specified below at 23. (a) and 23. (b) appended to every copy of the work issued by them:
- Copyright © 20** Writer's name (** indicates year of first publication)
- The Writer asserts the Writer's right, under the Copyright, Designs and Patents Act 1988, to be identified as the writer of the Work.
- The writer maintains that he or she is the sole writer of the work, and owner of the copyright and all of the contents of the work and any related or associated material provided at the time of registration and/or upload of the work and has full power to enter into this Agreement; that he or she has not engaged in plagiarism with respect to the work and that the writer, if submitting the work that is to include any content that does not originate from the writer or to which the writer does not own the copyright, has obtained the copyright owner’s written permission to use any such material and will provide CUT with a copy of all written permissions for use, if requested, any time after submission to CUT, and that all such uses will be so noted in the e-book.
- The writer guarantees CUT that the work is accurate, is not in violation of anyone’s privacy, is not injurious, obscene, libellous, slanderous, or otherwise a violation or infringement of any law and further agrees to hold CUT, its employees, directors, shareholders, representatives, heirs and assigns, harmless for any damages resulting from any litigation resulting from publication of the e-book.
- The writer further guarantees CUT that all statements in the work purporting to be facts are true and that the work does not and will not contain any statement, information, advice, instruction, recipe or formula which, if the reader or other user were to act upon it, could cause illness, injury or damage; and that the work is not and has not been the subject of any complaint, claim or legal proceedings.
- The writer agrees that CUT shall not in any way acquire ownership of the work and that the writer is free to pursue any and all publishing ventures that do not involve the use of CUT’s name, logo or e-book digital files.
- The writer agrees that CUT is not responsible for errors in editing, misspelling, rewriting, page-numbering, indexing, reviewing, or any other errors in the e-book.
- The writer understands that CUT will take the writer’s work and do its best to fix any obvious problems resulting from the file being transferred to CUT’s systems.
- The writer understands that by acknowledging that he/she has read this Agreement, by registering as a writer, he/she ratifies all the terms and conditions of this Agreement for the subsistence of the relationship between the parties.
- It is the writer’s responsibility to notify CUT in a timely manner of any change of e-mail address or contact details by amending the details on their account.
- The writer will provide CUT with a digital copy of their manuscript based on CUT’s formatting requirements.
- The writer will select the selling price of an e-book from a menu during the submission process. The writer may amend the selected selling price at any time, within their writer’s account, however CUT will retain final discretion over the selling price of the e-book.
General Provisions of this Agreement
This Agreement shall be governed by the laws of England and the English courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement. By acknowledging that he/she has read this agreement, by registering as a writer, the writer specifically confirms that this is the only agreement between the writer and CUT and that this Agreement supersedes any other agreement, oral, written, or otherwise construed as a prior agreement between the writer and CUT. This Agreement cannot be appended, changed, modified, word or words added or deleted except by the mutual written agreement of the writer and CUT; and further, is binding upon the heirs, executors, administrators, and assigns of the writer and CUT.