Please read and sign the following
agreement between you ("Author") and God's
Word Publishing ("God's Word" or "the
Company"), for your book ("Work").
GOD'S WORD PUBLISHING - SERVICES
Services to be performed by God's Word Publishing will
be governed by the invoices on which you have paid
for services.
AUTHOR'S BOOK SALES PAYMENT
Your sales payments are based upon a formula of
the Retail Price of your book, the Sales Discount
at the time of sale, the Printing Cost, and the
God's Word Handling Fee. These payments will be governed
by the Sales Payments page.
RETAIL PRICE
As the Author, you may price your books at ANY retail
price. However, we cannot sell your books through
our systems unless your retail meets the Minimum
Pricing criteria outlined here which is based on
book format and page count. This means that you
cannot set a price BELOW the COST of the product
and have it sold by God's Word. You MAY set the price
below cost and order units for your personal use.
Note that your COST to purchase product is NOT influenced
by your RETAIL price. Please reference this Retail
Pricing page.
Minimum pricing criteria are subject
to change at any time at the discretion of God's Word
as market conditions and costs warrant. God's Word
will recommend a price change to the author when
minimum pricing criteria change.
AUTHOR UNIT COST
As the Author, you may purchase books from us at
economical prices. Your unit cost will be a function
of the format of your book. Please reference this
Author Purchase Price page.
WARRANTIES
The Author represents and warrants that he or she
is the sole author of the Work and is the owner
of the copyright to all of its contents; that he
or she has not engaged in plagiarism with respect
to the Work; that the Work is accurate in all respects,
i.e., that if fiction, it represents no real event
or person in a way that could be deemed libelous;
that if non-fiction, it does not misstate any material
fact or omit to state any material fact, the result
of which would libel any person or result in a person
being placed in a false or damaging light; and that
the Work does not infringe upon any statutory or
common law right of copyright or privacy of any
third party; that he or she is owner of any trademarks
and/or trade names associated with the Work; that
the Work does not constitute obscenity or hate literature
and that the author has the right to enter into
this Agreement.
YOU OWN ALL RIGHTS TO YOUR WORK
The Author acknowledges and agrees
that God's Word acquires no right of ownership to the
Work under this Agreement; that God's Word is a provider
of limited services only as governed by the invoices
on which you have paid for services (i.e., publishing
services, printing, sales and fulfillment, and web
site development) and assumes no responsibility
for reviewing or correcting the content of the Work.
INDEMNITIES
The Author agrees to indemnify God's Word and its
employees, shareholders, directors, representatives,
successors and assigns of and from all and any manner
of claims, liabilities, damages, expenses (including
reasonable attorney's fees), awards, and judgments
resulting from claims of (i) third parties regarding
ownership, libel, slander, plagiarism, privacy,
misappropriation, and similar claims arising from
publication of the Work; (ii) Author's breach of
any warranty in this Agreement. God's Word agrees
to notify the Author promptly of any claim for indemnity
under this Agreement. God's Word may be represented
in any proceeding by counsel of its choice; the
Author may retain additional counsel at his or her
own expense. Any settlement agreement between God's
Word and a third party regarding a claim covered
by the indemnity provisions of this Agreement shall
be subject to approval of the Author, which approval
shall not be unreasonably withheld.
TERM AND EXCLUSIVITY
This Agreement is nonexclusive (the Author can enter
into other agreements with respect to the Work),
and either party has the option to terminate the
Agreement at any time, with or without cause. If
the Agreement is terminated by the Author within
the first 30 days following publication, publishing
fees will be refunded in full (or applied against
any outstanding amounts in the Author's account.)
If the Agreement is terminated by God's Word at
any time, all publishing fees will be refunded in
full (or applied against any outstanding amounts
in the Author's account). For the purposes of this
paragraph, publishing fees are defined as those
fees directly associated with online, disk, and
paper manuscript submission. Fees related to other
pre- or post-publication services, such as data
entry, composition, and/or corrections or book sales,
are not refundable. Fees related to the publication
of supplemental printings, and second and later
editions of the Work are also not refundable. If
the agreement is terminated by God's Word due to
a breach by Author of this Agreement, no fees shall
be refunded.
The Author retains the copyright
for this Work, and no part of this Agreement diminishes
the Author's rights to this Work. NOTICES
All notices to God's Word must be sent in writing to
its office at 4010 West 86th Street, Suite H, Indianapolis,
IN 46268. All notices to the Author shall be in
writing to the address specified by the Author.
COMPLETE AGREEMENT
This written Contract contains the sole and entire
Agreement between the parties and shall supercede
any and all other prior agreements between the parties.
This Agreement may not be modified or amended except
in writing signed by the party against whom such
modification or amendment is sought to be enforced.
LAW AND VENUE
The laws of the State of Indiana shall govern this
Agreement and this agreement shall be construed
in accordance with the laws of the State of Indiana,
without recourse to conflicts of law principles.
Recognizing the expense, distraction, and uncertainty
resulting from litigation of disputes which may
arise under this Agreement, the parties have agreed
that except as specifically provided herein they
shall submit any and all disputes arising in any
way under this Agreement to the American Arbitration
Association for final disposition in accordance
with its rules, provided that the Arbitrator shall
have no authority to award punitive damages. Notwithstanding
the foregoing, nothing in this Agreement shall be
deemed to deprive a party of the right to equitable
relief in a court of competent jurisdiction respecting
rights to its intellectual property or use there
of under this Agreement. Any proceeding under this
paragraph shall be brought in the federal or state
courts in Indiana. A judgment may be entered in
a court of competent jurisdiction based on any award
rendered in arbitration or other proceeding conducted
by the parties pursuant to this paragraph.
If you have any questions or concerns
with the terms of this agreement, please contact
us by e-mail or by phone at 1-866-222-0926.