Multi-Author Terms of Purchase
Please read these terms carefully as they are a binding legal contract, and we suggest downloading a copy for your records.
You are purchasing one (1) chapter in the multi-author book, which includes editing, proofreading, formatting, full professional design, and rights to distribute your chapter as you choose.
You are purchasing this in your business capacity and guaranteeing the purchase as an individual.
These Terms of Purchase are the entire agreement between us. These Terms of Purchase supersede our prior discussions, emails, online or voice messages.
The parties (Cash Street Advisors Press LLC, hereinafter referred to as “Publisher” and you, hereinafter referred to as “Client”) wish to work together to achieve success from the project and hereby agree as follows:
1. SERVICES PROVIDED BY CASH STREET ADVISORS PRESS LLC
Cash Street Advisors Press LLC shall provide to Client the services specified below:
BOOK CREATION:
· Cover design.
· Editing of chapter and bio.
· Interior design/typesetting.
LAUNCH MANAGEMENT:
· Managing, updating, and leading Client through the launch process.
2. CLIENT DUTIES
Client agrees to the following:
· To get the most out of this program and the services provided Client must respond to Cash Street Advisors Press LLC in a timely manner and send any information requested so as to best achieve the intended results.
· Client agrees to provide necessary information for Client’s chapter and bio to Cash Street Advisors Press LLC with the execution of this agreement for the multi-author book to be released, crediting Client as a co-author.
· Client agrees to send Client’s completed chapter and bio to Cash Street Advisors Press LLC by the date specified in the Author Library. Client understands that failure to send Client’s chapter and bio by the date specified in the Author Library will result in Client’s chapter no longer being included in the multi-author book and no refund will be given.
· Client agrees to grant Cash Street Advisors Press LLC, along with their partners and co-authors, the non-exclusive rights to print, publish, distribute and sell Client’s chapter as a part of the book throughout the world in all languages.
· Client agrees to grant Cash Street Advisors Press LLC, their partners, and co-authors the right to use Client’s name, likeness, biographical information, and full and/or excerpt of Client’s chapter with full attribution to Client in the promotion of the book in both digital and printed format.
· Client understands that sales of the kindle and print version of the book sold through book distributers and/or retailers containing Client’s chapter is for Cash Street Advisors Press LLC. Client further understands that Client will receive no royalties from the sales of the kindle or print version of the book sold through book distributers and/or retailers.
· Client understands that Client cannot make changes to the cover, the manuscript, book description or the price. Client understands that Client can only publish and sell on the platform that Cash Street Advisors Press LLC has given me permission to publish on.
· Client understands that Cash Street Advisors Press LLC is not making any guarantees as to how many books will be sold.
· Client understands that Client is joining this program with the intention of selling services and products and not for making money from book sales.
· Client understands that Client will be asked to participate in the promotion of the book when it is released.
· Client understands that Cash Street Advisors Press LLC will secure US copyright for the book, including Client’s chapter, however Client shall retain the right to republish Client’s work in any manner and Cash Street Advisors Press LLC agrees that this shall not be deemed an infringement on the copyright.
· Client understands that Cash Street Advisors Press LLC is publishing Client’s chapter with the understanding that it is Client’s own original work and that it is the Client’s own responsibility to ensure Client’s work is original and not infringing on others’ copyrights.
· Client understands that Cash Street Advisors Press LLC will not be held responsible for any copyright violations resulting from Client’s chapter being published.
· Client understands that Cash Street Advisors Press LLC will not be held responsible for any character defamation or libel lawsuits resulting from the publishing of Client’s chapter. Cash Street Advisors Press LLC recommends changing the name of any real-life persons to a fictional name and will not be held responsible if this is not done.
· Client understands that no paperback copies are included in this agreement, but can be purchased from Amazon at the wholesale price.
· Client understands that Cash Street Advisors Press LLC reserves the right to push back the date of publication of the book for any reason.
3. FEES & PAYMENT
All payments shall be made in full in order to start the project or in Two Payments as outlined in the Two Payment Plan Terms. Two Payment Plan Terms: Payments will be paid in two (2) equal installments. An initial payment of 50% of your total will be due upon purchasing one (1) chapter in the multi-author book. A second payment of your remaining 50% balance will be due one (1) month from your initial purchase. If your remaining balance is not paid within one (1) month from your initial purchase, then you will forfeit the initial payment, and your spot will be filled. Client understands and acknowledges that all sales are final upon agreeing to this Terms of Purchase and that our fee is fully payable when Client initiates transaction. All payments pursuant to this Agreement are non-refundable. Payments must be paid in full at the time of booking. The Payment, Deposit and all fees are nonrefundable. If you cancel your spot in the Book, you will not be entitled to any refund of the Payment, Deposit or any additional fees paid.
Cash Street Advisors Press LLC reserves the right to place further services on hold until any outstanding invoice is paid and to invoice Client ten percent (10%) annual interest rate for any outstanding, undisputed invoice not paid within thirty (30) days after receipt. If payment ceases for a period of 30 days, this Agreement will be cancelled and Client will be required to pay the prorated amount due for services performed up to that date.
By completing this purchase, Client acknowledges and agrees not to initiate a chargeback. If Client initiates a chargeback, Client will be charged an additional fee of $300 USD. Client agrees that failure to complete Client’s chapter in time does not warrant a refund.
4. CONFIDENTIAL INFORMATION
Cash Street Advisors Press LLC and Client mutually agree to hold any and all Confidential Information exchanged between the parties as part of this Agreement in the strictest of confidence and to not disclose such information to any other person or entity. Information shared in Facebook groups, in email, on calls, in video conferences, or any other means shall be maintained as confidential.
The Recipient of Confidential Information shall not obtain, by virtue of this Agreement, any rights, title, or interest in any Confidential Information of the Owner. The terms of this section shall survive the termination of the Agreement.
5. RIGHTS TO WORK PRODUCT
Any expression or result of Cash Street Advisors Press LLC’s Services, or the work, findings, analyses, conclusions, opinions, recommendations, ideas, techniques, know-how, designs, programs, tools, video recordings, audio recordings, meditations, applications, interfaces, enhancements, software, and other technical information (collectively “WORK PRODUCT”) created by Cash Street Advisors Press LLC in the course of performing the Services hereunder are the property of Cash Street Advisors Press LLC. The Client must not share the program or any content with anyone without authorization from Cash Street Advisors Press LLC.6.
6.GRANTS OF RIGHTS
The Client, on behalf of himself and his heirs, executors, administrators, successors, and assigns, exclusively grants, assigns, and otherwise transfers to the Publisher and its licensees, successors, and assigns, all right, title, and interest in and to the Chapter, throughout the world, in perpetuity, and in any and all media, motion pictures and other audiovisual works, documentaries and docuseries, and forms of expressions now known or hereafter devised, including but not limited to all copyrights therein for the full term of such copyrights (and any and all extensions and renewals thereof), including but not limited to the following rights.
6.1 To publish, distribute, sell, and generally exploit the Chapter, in all languages, whether in print, electronic, digital, audio, video, or any other form or format now known or hereafter discovered or created;
6.2 To make and sell, and authorize others to make and sell, all translations, abridgements, excerpts, other editions, and other versions and derivatives of the Chapter, whether in print, electronic, digital, audio, video, or any other form or format now known or hereafter discovered or created.
6.3 To authorize use of the Chapter by others without compensation to the Publisher or Client, if, in the judgment of the Publisher, such use may benefit the sale of the Chapter or of subsidiary rights in the Chapter.
7. INDEPENDENT CONTRACTOR STATUS
Cash Street Advisors Press LLC performs this Agreement as an independent contractor, not as an employee of Client. Nothing in this Agreement is intended to construe the existence of a partnership, joint venture, or agency relationship between Client and Cash Street Advisors Press LLC.
8. REPRESENTATIONS AND WARRANTIES
Each party warrants that:
(i) This Agreement has been duly and validly executed and delivered and constitutes a legal, valid, and binding obligation, enforceable against either party in accordance with its terms;
(ii) They have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform their obligations under this Agreement, without the approval or consent of any other party; and
(iii) They have sufficient right, title, and interest in and to the rights granted in this Agreement.
Cash Street Advisors Press LLC warrants that the Services will be performed in a professional manner. To the extent Services provided are advisory, no specific result is assured or guaranteed.
Cash Street Advisors Press LLC expressly disclaims all other representations or warranties, whether express, implied, or statutory (by any territory or jurisdiction) to the extent permitted by law, and further:
Cash Street Advisors Press LLC expressly excludes any warranty of non-infringement, title, fitness for a particular purpose, or merchantability to the extent permitted by law.
9. LIMITATION OF LIABILITY
Maximum liability for any action arising under this agreement, regardless of the form of action and whether in tort or contract, shall be limited to the amount of services fees paid by client for the services from which the claim arose. In no event shall Cash Street Advisors Press LLC be liable for indirect, special, incidental, or consequential damages of any kind, including without limitation, lost data or lost profits, however arising, even if client has been advised of the possibility of such damages. The parties agree to the allocation of risk set forth herein.
10. CLIENT’S WARRANTIES, REPRESENTATIONS AND INDEMNITIES
The Client represents and warrants to the Publisher that: (a) the Chapter is not in the public domain; (b) the Client is the sole proprietor of the Chapter and has full power and authority, free of any rights of any nature whatsoever by any other person, to enter into this Agreement and to grant the rights which are granted to the Publisher in this Agreement; (c) the Chapter has not heretofore been published, in whole or in part, in any form; (d) the Chapter does not, and if published will not, infringe upon any copyright, trademark, or any other intellectual property rights or other proprietary rights of any third party; (e) the Chapter contains no matter whatsoever that is obscene, libelous, violative of any third party’s right of privacy or publicity, or otherwise in contravention of law or the right of any third party; (f) all statements of fact in the Chapter are true and are based on diligent research; (g) all advice and instruction in the Chapter is safe and sound, and is not negligent or defective in any manner; (h) the Chapter, if biographical or “as told to” the Client, is authentic and accurate; and (i) the Client will not hereafter enter into any agreement or understanding with any person or entity which might conflict with the rights granted to the Publisher under this Agreement.
11. CLIENT’S INDEMNITY OF PUBLISHER:
The Client shall indemnify, defend, and hold harmless the Publisher, its parent company, subsidiaries, and affiliates, and their respective shareholders, officers, directors, employees, partners, associates, affiliates, joint venturers, agents, and representatives, from any and all claims, debts, demands, suits, actions, proceedings, and/or prosecutions ("Claims”) based on allegations which, if true, would constitute a breach of any of the foregoing warranties and representations or any other obligation of the Client under this Agreement, and any and all liabilities, losses, expenses (including attorneys’ fees and costs) and damages in consequence thereof.
11.1 Each party to this Agreement shall give prompt notice in writing to the other party of any Claims.
11.2 In the Event of any Claims, the Publisher shall have the right to suspend payments otherwise due to the Client under the terms of this Agreement as security for the Client’s obligations under this section.
11.3 The Client’s warranties, representations, and indemnities as set forth in this Agreement shall extend to any person or entity against whom any Claims are asserted by reason of the exploitation of the rights granted by the Client in this Agreement, as if such warranties, representations, and indemnities were originally made to such third parties.
11.4 All such warranties, representations, and indemnities shall survive the termination or expiration of this Agreement.
12. ASSIGNMENT
Neither party may assign its rights or obligations under this Agreement to any party, except, that the assignment to a third party who obtains all or substantially all of the business or assets of a party shall be permitted subject to the reasonable consent of the other party (i.e. the non-assigning party).
13. GOVERNING LAW; JURISDICTION; RESOLUTION OF DISPUTES
This Agreement is governed by the laws of the state of New Hampshire and the federal laws of the United States of America applicable therein, without regard to its choice of law or conflict of law provisions. If any dispute arises between Client and Cash Street Advisors Press LLC, Client agrees that all such disputes will be determined exclusively by final and binding arbitration in the City of Concord, New Hampshire in English and governed by New Hampshire law pursuant to the New Hampshire Uniform Arbitration Act, as amended, replaced or re-enacted from time to time. The arbitration shall be heard and adjudicated by one arbitrator to be selected by Client and Cash Street Advisors Press LLC. Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by New Hampshire or U.S. statutes, as applicable, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provision of this agreement.
Any cause of action brought by Client against Cash Street Advisors Press LLC must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
In no event shall Cash Street Advisors Press LLC be liable for any consequential, punitive or multiple damages of any kind.
14. FORCE MAJEURE
Except for Client’s obligation to pay Cash Street Advisors Press LLC, neither party shall be liable for any failure to perform its obligations under this Agreement if prevented from doing so by a cause or causes beyond its control, including without limitation, acts of God or public enemy, failure of suppliers to perform, fire, floods, storms, earthquakes, riots, strikes, war, and restraints of government.
15. GENERAL
(a) Client may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
(b) This Agreement represents the entire agreement between Client and Cash Street Advisors Press LLC, and shall supersede all prior agreements and communications of the parties, oral or written.
(c) The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
(d) If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
(e) The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
16. CONTACT INFORMATION
If Client has any questions or concerns, please contact Cash Street Advisors Press LLC by email at cashstreetpress@gmail.com.
17. ENTIRE AGREEMENT
This Agreement and any Multi-Author Book Partner Agreement agreed to by the Author, if any, contains the entire understanding of the parties with respect to said book. Each party has executed this Agreement without reliance upon any promise, representation or warranty other than those expressly set forth herein. Each party acknowledges that they have carefully read this agreement and agrees to the terms listed here.
The Parties hereby agree to all of the above terms and have executed this Agreement by a duly authorized officer, agent or representative.
In Witness Whereof, the parties have caused this Agreement to be effective as of the date of payment.
Client has read the terms of purchase & by making a payment agrees to the Terms of Purchase.