105 Publishing, LLC

New Author Contract

We'd like to take the time to say thank you, and Welcome to the 105 Family. In this contract, you will see that we have intentionally made it very author/client friendly. Any questions that you may have regarding the stipulations written below, you can reach out to us at Publish@105publishing.com

Please select from the below services that we offer:

By signing below, the Author/Client grants 105 Publishing access to all materials necessary for the agreed-upon publishing services. 105 Publishing agrees not to sell, display, or intentionally use any of the Author/Client’s materials for profit without prior written consent. All materials remain the property of the Author/Client.

For this book, you as the author/client, promise to work with 105 Publishing exclusively unless a mutual written termination is agreed upon by the author/client and 105 Publishing. In this event, any original files will be deleted by 105 Publishing, any work that has been completed, and any contracts that have been submitted will be null and void. 105 Publishing would no longer be entitled to hold on to these files or represent the author/client in any way. Refunds will be granted in full depending on the percentage of work minus any expenses by 105 Publishing.

105 Publishing does not guarantee sales of your final product. Creation and rights of products is sold to author/client upon completion of work. Selling methods of final product are not controlled or at the discretion of 105 Publishing. You the author are indicating to 105 Publishing that any information that is in the final product, you are not only allowed to use the information, but also allowed to profit from it. This includes any sources that you the author have utilized as a reference(s)/highlighted source(s) in your book for the intentions of publication and profit. You agree to indemnify and hold us harmless with respect to any and all claims that may arise from illegal usage of content in your manuscript(s). Final product of author's/client's work, to include Print, eBook, movie/movie rights, and Audiobook's proceeds/royalties will 100% go to the author/client, his successors and/or assigns. 105 Publishing costs will only include the services selected, not any sales of the final product. 

For third party sites, to include Amazon (KDP/Audible), Apple Books & Barnes & Noble, we will offer to upload your book to their site with your created profile. With this service, 105 Publishing will not keep any percentage of your royalties. One hundred (100%) percent of all royalty payments will be distributed and paid directly to the author/client via method they prefer. 105 Publishing will only format manuscripts/cover designs for Amazon (KDP) and Barnes & Noble or Global Distribution partners such as IngramSpark or Lulu when taking advantage of full publishing services with us. Any other platforms outside of these will be formatted at $50 per platform.

Total service cost will be calculated by 105 Publishing as each selected service is completed. 105 Publishing will contact the author/client as certain payments are due. We will not present payments that exceed the agreed upon budget by the author/client and 105 Publishing. If the maximum budget present is too low or unrealistic, 105 Publishing will notify the author/client via contact method agreed upon of what realistic expectations are. The author will be notified during different stages of project to confirm or deny specific edits/creations made.

Unless the parties agree to a time extension in writing (email, text, etc), the author has 48 hours upon being presented with edits/creations to have 105 Publishing alter them after confirming with 105 Publishing that next steps in the creation process can be taken. If the author makes changes that require extensive time not specified upon approval of edits/creations, additional charges will apply. Upon confirmation of receiving watermarked document, if additional work is requested beyond the scope of the agreed upon service to be completed, (completely new design concept, added text that was not originally submitted, etc) additional charges will apply. Unless the parties agree to a time extension in writing, upon the author/client receiving the unwatermarked document, the author/client will have 24 hours to review. Any updates to manuscript after uploaded for print/ebook/audiobook that are requested will result in additional charges starting at $50 and may increase depending on the number of edits requested. When formatting manuscript only with no editing services required from 105 Publishing, it will be assumed that manuscript has already been professionally edited. If editing changes are requested, a charge of $25 will be applied to each request.

When hiring one of our narrators for audiobook, upon first payment the author/client will receive a five-minute recording of their manuscript from our narrator. This will be the opportunity for the author/client to mention any changes that they desire to include elevation or reduction in pitch, speed, or tonality. The sample will not exceed three recordings. Once recording begins, 105 Publishing will give snippets of different sections of the book to let the author/client know how everything is going. Once the audiobook is completed, 105 Publishing will have to be paid in full to receive final edited recordings. If any editing errors are seen in the manuscript, 105 Publishing will not edit the manuscript unless editing/proofreading services have been agreed upon previously. Final recordings will be sent via respective chapter titles (introduction, acknowledgments, chapter one, etc.).   

If the author/client is narrating their own manuscript, 105 Publishing is only focused on the quality of the recording, not the actual manuscript itself. The author/client will send the recorded files titled by their respective chapters. If we are unable to understand a portion of the recording due to pitch, volume, tonality, etc., 105 Publishing will ask the author to record the section again. 

At no point in time will the services provided by 105 Publishing be completed for free.

Payment Plan Adjustments:

If you select a two-payment plan that includes a discount, but later choose to divide the second payment into additional installments, the original discount will be revoked. You will then be responsible for paying the discount amount that was previously applied.

Any disruption in timeline requirements or timely payment of agreed-upon fees by author/client may result in delays, and/or additional fees of $50 per late month that's missed, if alternative payment arrangements have not been made with 105 Publishing. Once manuscript has been published, if there are any requests by author/client to alter manuscript that weren't due to errors made by 105 Publishing, additional charges will apply.

At all times, with this Work Made For Hire agreement, author/client shall own all intellectual property, publishing rights, and copyrights of the book, including intellectual property, rights and privileges created by or through this agreement, and any related uses of the book, with the sole exception of the watermarked documents, which shall remain the property of 105 Publishing until payment in full is paid by author/client and received by 105 Publishing. Payments by author/client shall be timely made per the agreed-upon payment schedule between 105 Publishing and author/client. When author/client has paid at least fifty (50%) percent of the agreed-upon payments, the drafted product/documents will be timely presented to author/client. When the author/client has paid one hundred (100%) percent of the agreed-upon payments, the final product/documents will be timely presented to author/client. As soon as author/client accepts the final product in writing, 105 Publishing will timely send the completed final files/document to author/client. If author/client uses or manipulates the watermarked documents before payment-in-full has been received, 105 Publishing reserves the right to pursue all available remedies at law, equity, and otherwise, resulting in termination of the contract with no refund.

WEBSITE CREATION: 105 Publishing agrees to provide website design services for the author/client. The author/client agrees to compensate 105 Publishing with 50% payment upfront and 50% upon approval/completion. The author/client understands costs such as domain name, website hosting costs, and any other additional fees are NOT included in the quoted price. Changes beyond final approval of the website may result in additional fees, which will be discussed and agreed upon in writing. 

ADVANCED MARKETING: 105 Publishing agrees to deliver marketing services for the author/client beginning when the first payment is made and continuing until 90 days thereafter. Author/Client agrees to compensate 105 Publishing in full. Final payment is due before 90 days are completed unless otherwise agreed upon in writing. Both parties agree to communicate regularly and provide all necessary resources to ensure the successful delivery of services. 105 Publishing does not guarantee sales of your final product. Either party may terminate this agreement with written notice. In the event of termination, any outstanding payments for work completed shall be due immediately.

SCHOOL PACKAGE ONLY: This agreement applies to schools taking advantage of our publishing course for students. A weekly schedule has been sent via email by 105 Publishing which entails the curriculum. It is the understanding of 105 Publishing that the parents/guardians of the students are aware of their participation and understand that royalties and all rights of the book are paid to and owned by the school. 

INDEMNITY: The Author/Client agrees to indemnify, defend, and hold harmless 105 Publishing, LLC, its owners, employees, contractors, and affiliates from and against any and all claims, demands, causes of action, liabilities, damages, losses, costs, and expenses (including reasonable attorney’s fees) arising out of or related to:

1.     Any claim that the Author/Client’s manuscript, materials, or content infringes upon or violates the intellectual property rights, copyrights, trademarks, or other proprietary rights of any third party;

2.     Any claim that the Author/Client’s manuscript, materials, or content contains defamatory, obscene, libelous, unlawful, or otherwise objectionable material;

3.     Any breach by the Author/Client of the representations, warranties, or obligations set forth in this Agreement; and

4.     Any illegal or unauthorized use of third-party content, sources, or references within the Author/Client’s manuscript.

This obligation to indemnify and hold harmless shall survive the termination or expiration of this Agreement.

This agreement has been executed by the author/client and 105 Publishing of their own free will, without any coercion or undue influence and shall be valid and legally binding on both parties from this date forward. Both author/client and 105 Publishing consider this agreement to be fair and as being in their respective interest.

105 Publishing, LLC

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