Publishing Terms & Conditions
This Publishing Agreement (“Agreement”) is between the Author and Tellwell Talent Inc. (“Tellwell”), 1901 – 620 Toronto Street, Suite 1901, Victoria, BC, Canada, V8V 1P7. This Agreement covers the parties’ respective obligations regarding the publishing of Author’s Book.
1. Copyright: Author Retains Ownership
Author at all times retains one hundred (100) percent of all right, title, and interest in and to the Book and its contents, including all copyrights, trademarks, derivative rights, and other intellectual property associated with the Book.
2. Author Grants Temporary, Non-Exclusive Right to Publish
Author hereby grants to Tellwell the non-exclusive, worldwide license to print, publish, distribute, and sell the Book in print and eBook form in the English language on behalf of Author. Author also grants to Tellwell the right to make excerpts from the Book viewable on Tellwell’s website, or third-party websites that have entered into agreements with Tellwell, in order to facilitate sales of and publicity for the Book.
During the term of this Agreement, Author grants Tellwell 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 Tellwell’s vendors, distributors, and third-party retailers.
Tellwell may post pertinent information about Author and the Book on Tellwell’s website and third-party websites (e.g., Amazon.com). Such information may include the Book’s cover, Author’s name and picture, description of the Book, and other related information.
Tellwell will setup accounts on behalf of the author so that the author may benefit from the maximum royalties and printing rates. The author hereby authorizes Tellwell to enter into agreements and accept the standard terms and conditions for the major distribution options, such as Amazon, Lightning Source, Kindle, and Kobo; and via aggregators such as Smashwords to Nook, Apple iBooks, Google Books, and other ebook channels. Ultimately the royalties owed to the author are based on the agreements with each distribution partner, may be subject to change, and the information provide below is for information only. The distribution channels for each author will vary depending on the services purchased by the author, and may be modified from time to time.
After the first year, authors are responsible for the annual market access fee to make the book available via Ingram to over 38,000 bookseller accounts. The fee is for each version of the book (e.g. paperback and hard cover), which may change from time to time, as of 2015 is $12 USD.
To calculate royalties, the author must set 1) the suggested retail price of the book, and 2) the discount given to booksellers. The wholesale discount rate is typically the author’s choice of 30, 40 or 55 percent for Ingram. A higher discount makes the book more attractive to brick-and-mortar booksellers, but results in a lower royalty. Whatever wholesale discount is chosen by the author applies to both online and brick-and-mortar booksellers. The royalty is the suggested retail price (or ‘List Price’), less the discount given to the seller, less the printing cost and applicable taxes.
For example, a book priced at $20, with a 30% ($6) discount and a $4 printing cost would have the royalty calculated as follows: $20 – $6 – $4 = $10.
When a retailer sells your book at a discount (e.g. 10% off), it affects only their margin and does not affect your royalty.
b. Ebook royalties
The author authorizes Tellwell to setup accounts on behalf of the author and accept standard agreements on the author’s behalf, so that the author can benefit from maximum royalties. Most ebook retailers require that the ebook price be set at an equal or lesser price than any other ebook retailer. They also generally require that the ebook price be 20% less than the print book price. Below is a general summary of royalties. This is for informational purposes. The exact royalties are determined in accordance with the standard agreements with each distributor which may change from time to time.
$.99 – $2.9835%*45%
$2.99 – $9.99 **70%*70%
$10 – $19935%*45%
*Amazon (Kindle) subtracts a small “delivery” charge from the royalty of $.15 / megabyte of data for the book download
**Kobo’s 70% royalty rate applies to books priced up to $12.99 USD
c. Taxes, royalty payments
The author acknowledges that each bookseller may have different minimum thresholds and timelines for paying royalties, and that certain tax-related forms may need to be submitted to avoid any withholding of royalties by distributors in the USA. Tellwell cannot offer accounting advice, but may provide access to information and resources about taxes.
d. Assisted transactions
The author will be instructed how to order books directly within the print-on-demand platform; however, in the event that the author wishes to have Tellwell order books on the author’s behalf, Tellwell will add a $25 service fee, plus up to 10% of the printing cost to cover transaction and currency exchange costs. After Tellwell sets up the author’s account, the author and Tellwell will continue to have joint access to the account. The author may elect to have exclusive access of the account at any time, which means assisted transactions will no longer be possible. Assisted transactions may be discontinued as a service at any time by Tellwell. The author may be required to have a credit card on the print-on-demand platform, otherwise Tellwell’s credit card may need to remain on the account and the author cannot be given access to the account.
e. Electronic proof & Printing errors
Authors have the option to purchase a printed proof prior to commencing a print run. After the author has signed-off on the final design files, Tellwell takes no liability for errors in the printing or errors in the design noticed after the books have been printed. If there is an error in the printing, the author should deal directly with the printer to seek a refund. In the event of an error on the part of Tellwell related to some aspect of the design file or meta data setup, Tellwell’s liability shall be limited to the cost of a printed proof. Regardless of the source of the error, in no event will Tellwell be responsible for cover the costs of a full print run. Authors are advised to order a printed proof prior to a large print run.
4. Term of Agreement
The Agreement shall continue 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
Author may terminate this Agreement at any time and for any reason by providing written notice via email, fax, or certified mail, provided that if such notice is transmitted to Tellwell via email, fax or Author Center, Tellwell acknowledges receipt thereof from 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 (1) Author’s submission of the manuscript, or (2) the passing of thirty (30) calendar days from the Author’s first payment, whichever occurs first.
Once Tellwell commences the editing or layout of Author’s Book, no refunds will be given. All refunds will be made by Tellwell within thirty (30) business days after the notice of termination has been provided by Author.
b. Termination by Publisher
Tellwell may terminate this Agreement, the provision of any service hereunder, and publication of the Book with or without cause, for any reason and at any time, upon written notice to Author. In no event will Tellwell be obligated to publish a book of any kind, including but not limited to those which, in its opinion, violate the common law or statutory copyright, the right of privacy of any person, contain libelous or obscene material, and/or promote hate, violence, or illegal activities. If Tellwell terminates the Agreement, Tellwell 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 Tellwell 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 Tellwell website and on the invoice. Tellwell’s goal is to avoid any unanticipated or “hidden fees.” At the same time, there may be circumstances when extra fees are appropriate and reasonable.
The following list defines the scope of particular services included in some Tellwell Publishing packages, and outlines applicable fees, which may change from time to time, when work beyond the normal scope of services is required:
(ii) The Cover Design service includes assistance from Tellwell’s publishing coordinator in outlining the information required by the designer, and includes the initial design of the front, back, and spine created by a professional designer 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 $99 per revision round;
(iii) The Interior Layout service includes the initial layout of the interior by a professional designer 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 $99 per revision round; complex layouts will be assessed extra costs on a custom quote basis; the author is responsible for the very important role of proofing each version of the design file to identify corrections needed (which is very important because sometimes errors occur when importing manuscript files to the software used by professional designers); if mid-way through the layout process, the author make substantial additions or deletions to the content of the book, a re-layout fee of $350 may be charged (or a custom quote for complex layout projects);
(iv) The Paperback and Hardcover Distribution service includes securing ISBNs for all book formats, listing the book with Ingram using their Ingramspark service; the service is complete upon getting the book files approved by Ingramspark for distribution; however, because 38,000 booksellers have accounts with Ingram, Tellwell is not responsible for ensuring that every business with an Ingram account properly displays the information related to the book. In order to take control of the Ingramspark distribution and printing account the author may be required to have a credit card on account, and if the author cannot provide a credit card for the account, the author may not be given direct access to the account and would need to request print orders via Tellwell for a $25 fee plus up to 10% extra on the cost of the print run to cover transaction and currency exchange fees.
(v) The illustrations service includes two opportunities for the author to influence the illustrations, first by outlining ideas prior to the illustrator starting the work and, second, by giving feedback on sketches provided during the process; ultimately the illustrator will have the final say on the illustrations, taking into account the authors vision; additional fees will apply on a custom quote basis if the author wants additional revisions or complexity added to the illustrations that go beyond the illustration time allocated for the project;
(vi) the Author Website service includes securing domain name if necessary and covering the fee for the domain name up to $25, for 1 year; plus setup of hosting and covering the hosting cost for one year; plus installation of wordpress and setup of the author’s choice of 1 of 5 WordPress themes; plus setup of 5 basic pages on the author website; an annual fee of $95 will cover domain name renewal (up to $25) and hosting costs; additional website work may be available at an hourly rate of $65 per hour or on a custome quote basis, or the author may seek website help elsewhere;
(vii) the Marketing Outreach service includes 15-20 hours of effort by a publicist to garner exposure for the author leading up to the launch of a book, usually scheduled over a 1 to 2 month period leading up to the launch, and the publicity tactics used may vary from author to author; the exact number of hours may vary depending on the experience and background of the publicist(s);
(viii) the Extended Media Relations includes 30-40 hours of effort by a publicist to garner exposure for the author and book over a 1 to 3 month period, and the tactics may vary from author to author; the exact number of hours may vary depending on the experience and background of the publicist
(ix) Post-Distribution Layout Revisions may be purchased for $350 which covers the cost of making minor changes to the layout files, one optional revision round, re-creating all final files, resubmitting and troubleshooting to get the revised files approved in each distribution channel, plus paying the extra distribution fees (up to $100) required to re-submit the updated files; complex or major changes will be assessed on a custom quote basis;
All of the above listed services are not included in every publishing service. Check the details of your publishing package to see which services are included in your package.
6. Author Warranties & Responsibility for Content
The author takes full responsibility for the content of the work being published and represents and warrants the following to Tellwell:
(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; and 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.
The author agrees to indemnify and hold harmless Tellwell, 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 5 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, Tellwell 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.
Updated Oct 18, 2015.