Author Agreement

About this template

This is the template of the Novel Nuggets Publishing Services and Book Distribution Agreement. Items in [square brackets] are filled in for each author. The signed Agreement and Order Form you receive are the binding documents. Download the template (PDF)

Novel Nuggets Publishing Services and Book Distribution Agreement

This Service Agreement is made between [Author name] (referred to as “You” or the “Author”) and Novel Nuggets Publishers, a company registered under the address Plot No 47, Vishram Nagar, Nari Road, Nagpur – 440026 (referred to as “Novel Nuggets”). This Agreement will come into force only on the date that you or someone on behalf of the author makes the first payment towards the Order Form attached with this Agreement (the “Effective Date”).

Since You have written a book or your Work that you would like to be published and Novel Nuggets offers top-notch self-publishing services, You would like to engage the services of Novel Nuggets.

In consideration of the mutual promises set forth in this Agreement, both parties agree as follows:

1. Novel Nuggets services

Novel Nuggets offers you two different sets of services under this Agreement:

Publication Services – There are several packages with corresponding services offered by Novel Nuggets at their website [www.novelnuggetspublishers.com] for editing, design, ISBN and copyright, printing and creation of eBooks, Paperback and hardcover.

Book Distribution – Once you have selected from the Publication Packages and your Work has been published either in print or digitally, you have engaged Novel Nuggets for the distribution of your Work.

You can choose one or both services at any time during this Agreement as per the Order Form that is attached as part of this Agreement.

2. Grant of license and intellectual property

For you to engage Novel Nuggets for both their Publication and Distribution Services you must grant Novel Nuggets a limited [restricted to the rights you are granting], non-exclusive [you can grant the license to other publishers] world-wide license to print, publish, distribute and sell your Work.

All Intellectual Property rights in the Work, which include copyright, and all the associated rights under the law of Copyright remain exclusively with you. Novel Nuggets does not claim or own any of your Intellectual Property rights.

The licenses granted will depend on the services you have engaged Novel Nuggets for based on your selection in the Order Form.

3. Order form

The order form which is part of this Agreement will determine the type of services that you engage Novel Nuggets for, the payment terms, distribution channel and other relevant details. The terms of this Agreement will apply, based on the choices you make in the Order Form.

4. Payment

In consideration for the Publication Services you or someone on behalf of the author will pay Novel Nuggets the Package Fee as per the package of services that you have selected. Novel Nuggets will commence work on the Publication Services only upon receipt of the Package Fee as per the terms mentioned in the Order Form. The author must ensure that all payments owed to Novel Nuggets are made within the timelines agreed as per the Order Form. Not adhering to the payment terms will be construed as breach of contract and any discount or complimentary services provided will be cancelled.

In consideration for Book Distribution, Novel Nuggets will pay you the Author Earnings which is mentioned in detail in Schedule A.

Your fees will be based on the services you have engaged Novel Nuggets for as per the Order Form. Your Package of [Package fee] /- includes: [Package deliverables, as listed in the Order Form]

The publisher agrees to grant the author 2 years of validity for manuscript submission in case he/she makes the payment on or before the given time limit.

5. Author’s rights and duties

Initial Obligations – You shall provide Novel Nuggets with a completed order form for the purchase of the Publication Services, make sure that the required information and copies of the work in the appropriate format are provided to Novel Nuggets and that the Package Fee is paid in full or in part as per the Order Form.

Information and Confirmation – You shall provide Novel Nuggets with all the required information and select from the options provided to you like author biography sketch, the interior and cover design, format of the work, design gallery, proof of the work, and any other required information no later than a week of the request.

Rights – You retain all rights to the work. While Novel Nuggets may edit [if you have selected editing service in the Publication Service] the content, all rights in the content will remain with You.

ISBN – While you grant us a non-exclusive license on the content, you cannot use the ISBN and format of the work during the term of this Agreement. If you wish to engage other publishers, they would have to provide you with a different format, cover and ISBN.

Discounts: You will be eligible to receive purchase discounts as referenced in Schedule A.

6. Novel Nuggets’ rights and duties

License to Publish and Distribute: Novel Nuggets has the right to choose the distribution channels for the work based on the format of distribution selected by you in the Order Form. Novel Nuggets and entities in its distribution channels may determine in their own discretion whether and to what extent to make excerpts of your work available. On occasion, these excerpts may include entire chapters or may even exceed twenty-five (25) pages or more in length.

Versions and Multiple ISBNs: You grant Novel Nuggets the right to introduce additional versions of the work as it needs to be available in multiple formats. Accordingly, you grant Novel Nuggets the right to terminate and reissue individual ISBN of the work in each different format that you select.

Possession of submitted materials: Novel Nuggets may retain in its possession all the materials submitted by you and Novel Nuggets is not obligated to return or store such materials. You also grant Novel Nuggets the right to compile and use statistical information regarding sales of the work.

Storage and Hosting: You grant Novel Nuggets the right to copy, reproduce, warehouse, host, store, use, transmit and distribute tangible, electronic copies of the work in any current or future methods of technology to fulfill their services under this Agreement.

Publicity: You grant Novel Nuggets the right to publicize information about the work, or you, including a biographical sketch, as well as excerpts from your work at Novel Nuggets’ discretion, in connection with the advertisement, promotion and marketing of a) your work and b) Novel Nuggets services.

Publicity Rights: To provide the Distribution Services, you grant Novel Nuggets the consent and right to use your name, voice, photograph, image, likeness, distinctive appearance, gestures, or mannerisms.

Excerpts: Electronic excerpts of the work shall be viewable on Novel Nuggets’ website, or partner or contractor websites that have entered agreements with Novel Nuggets, to facilitate promotion, marketing, distribution, and sales of the work.

Free Copies to Media: You grant Novel Nuggets the right to send free review copies to members of media, including, but not limited to, editors, college newspapers, bloggers, professors, television, internet, and radio commentators, and other potential book reviewers in Novel Nuggets’ discretion for promotion of the work.

Promotional Services/Opportunities/Items: From time to time, Novel Nuggets may discontinue offering certain promotional Services/Opportunities/Items. Novel Nuggets may substitute a different promotional Service/Opportunity/Item of equal or greater value for you with notification to the author in the event of a discontinuation.

Content Security: Novel Nuggets shall ensure that the content provided by you shall be kept confidential. Neither Novel Nuggets nor any third parties associated with Novel Nuggets shall be involved in any act that would compromise the security of the content before, during and after the work is published.

Timeline: Novel Nuggets shall provide you with the finished work in all formats based on the Package no later than forty-five (45) calendar days after Novel Nuggets has received all required materials and required payments from you. This period does not include days in whole or in part, due to your delayed response to inquiries or requests of Novel Nuggets, nor does it include days that the work is in the possession of Novel Nuggets’ editors for purposes of editing.

Format and Cover Design: Novel Nuggets shall format and publish the work as specified by you. Novel Nuggets shall follow your suggestions for custom designed cover of the work provided you comply with Novel Nuggets’ interior and cover design guidelines.

Copyright and Title Registration: Novel Nuggets shall include a copyright notice in accordance with your instructions in each copy of the work.

7. Term and termination

Term: This Agreement comes into force from the Effective Date and extends until it is terminated by either or both parties.

Termination: Novel Nuggets’ Publication Services terminate once each service is approved by you as completed, as per the package selected in the Order Form. For example, upon receiving your email approval for the final cover design file, the service terms for that particular service come to an end. You can choose additional services based on Novel Nuggets’ offers which would begin and terminate based on your choices in the Order Form.

The Distribution Services continue to stay in effect until this Agreement is terminated.

You and Novel Nuggets can mutually agree, and have the right, to terminate this Agreement at any stage, in writing.

If you find that Novel Nuggets has not complied with any of the duties or obligations to be provided under this Agreement, or if there is a breach of any of the terms, or vice versa [where you have not complied with the terms], either party can inform the other party of the breach of terms. If the issue is not sorted or rectified within 30 days, this Agreement can be terminated.

8. Refunds

Refunds will apply only to the Publication Services provided by Novel Nuggets and depend on the time during which this Agreement is terminated and the stage of work completed:

You are only eligible for a refund if you have adhered to all the payment terms as mentioned in the Order Form. Not adhering to the agreed payment terms will make you ineligible for any refund, regardless of the publishing stage.

1. If you have not yet submitted your work to Novel Nuggets then the Author will get a refund of 75% of the purchase price as given in the Order Form;
2. After submission of manuscript by the author or three (3) months from the Effective Date, whichever comes earlier, you are not eligible for any refunds, regardless of the publishing stage.
3. If you have applied for any discounts, coupons or referral codes, you are not eligible for any refunds, regardless of the publishing stage.

Novel Nuggets shall take best effort to ensure that refunds are processed within thirty (30) days of the termination of this Agreement. See also the Refund Policy.

9. Representations and warranties

Both You and Novel Nuggets undertake that you can enter into this Agreement and that there are no other contractual obligations preventing you from signing this Agreement.

You will be wholly and completely responsible for the content of the work and should ensure that the work is not illegal, unlawful or does not contain any objectionable content. Novel Nuggets is not liable to any third party or other person or entity for the work, regardless of whether Novel Nuggets had any knowledge or could have reasonably known of any illegal, unlawful, or objectionable content in the work. You also agree to indemnify [compensate for harm or loss] Novel Nuggets in case of any legal proceedings with third parties regarding copyright infringement or action on grounds of illegality as mentioned.

10. Disclaimer of warranties

SALES NOT GUARANTEED: Novel Nuggets cannot and does not guarantee sales of any of the author’s work. Novel Nuggets makes no guarantees or promises as to the minimum success of the services or the amount of book sales which may result from any or all of the services.

GENERAL DISCLAIMER: Except for any Warranties or Representations explicitly mentioned in this Agreement, Novel Nuggets makes no other warranty and explicitly disclaims all other warranties, conditions or representations (express or implied, oral or written) with respect to the services, or any part thereof.

THIRD PARTY FAULT: Novel Nuggets is not responsible for retrieving the work from or for any sales of the work in the possession of an entity other than Novel Nuggets. Novel Nuggets is not liable for delays, errors, or non-performance of services caused by any of Novel Nuggets’ vendors or suppliers, like the failure of a third party to (a) timely remove your work from circulation following Novel Nuggets’ or your notice to do so, and (b) timely update any changes to the work.

11. Limitation of liabilities and remedies

LIMITATION OF LIABILITY: In no event shall Novel Nuggets or any of its affiliates be liable under this Agreement to you or any other person or entity for any consequential, incidental, indirect, exemplary, special or punitive damages, regardless of whether we could anticipate such damages or advised you about them. In no event shall Novel Nuggets’ or its affiliates’ total liability arising out of or related to this Agreement exceed the total amount you paid to Novel Nuggets under this Agreement.

12. Indemnification

You agree to indemnify and hold Novel Nuggets and its distribution partners harmless against any legal claims connected to the breach of the representations and warranties or your breach of this Agreement or regarding any claims of Intellectual Property Ownership.

Novel Nuggets agrees to indemnify you against any claims connected to any matter inserted into the work by Novel Nuggets if you did not provide Novel Nuggets with it.

Novel Nuggets may retain payments due to you until its claims of indemnity have been satisfied or completed.

13. Legal proceedings

The Courts in Nagpur shall have exclusive jurisdiction to decide on matters arising out of this Agreement.

If there is any dispute, it should be referred to an Arbitrator appointed by both parties. If you and Novel Nuggets cannot agree on one Arbitrator, both parties shall appoint one arbitrator each who will appoint a third Arbitrator so that a panel of three Arbitrators will adjudicate. All arbitration proceedings shall be conducted in the English language in accordance with the Arbitration and Conciliation Act, 1996 and the place of arbitration shall be Nagpur, India.

14. Entire agreement

This Agreement including the Order Forms, schedules and annexures is all that governs the terms between you and Novel Nuggets. If there are any changes to the terms they have to be made in writing and agreed by both parties.

15. Notices

All notices to Novel Nuggets can be sent by email to publish@novelnuggetspublishers.com and all notices to you can be sent to any of your registered email addresses that have been used to communicate with Novel Nuggets in the past.

16. Assignment

You cannot assign or transfer any of the rights or duties in this Agreement to anyone else. Novel Nuggets may transfer some of its rights to another related entity to comply with its duties as per this Agreement.

17. Force majeure

Both You and Novel Nuggets shall not be liable or responsible to each other or deemed to have defaulted under this Agreement for failure or delay in fulfilling or performing any term of this Agreement if the delay is due to an Act of God or out of the control of the parties.

18. Survival

Even after the termination of this Agreement, all clauses from 9 to 18 shall survive until explicitly terminated by the parties via an Agreement signed by both parties.

Schedule A: Author earnings and submission terms

1. Author Earnings

A. Earnings from print book sales. On all sales by Novel Nuggets of paperback or hardcover formats of the full work, Novel Nuggets shall pay you as follows: One hundred percent (100%) of the payments that Novel Nuggets actually receives from such sales, all minus the cost to distribute and print the Work, mark-ups for sales with distribution partners, and any taxes, technology fees, shipping costs, and return costs. Earnings are not due to you for copies provided free of charge or copies sold to you.

B. Earnings from e-book sales. On all sales by Novel Nuggets of e-book formats of the full work, Novel Nuggets shall pay you as follows: One hundred percent (100%) of the payments that Novel Nuggets actually receives from such sales, all minus the cost to distribution, mark-ups for sales with distribution partners, and any taxes, technology fees and return costs. Earnings are not due to you for copies provided free of charge or copies sold to you.

C. Author Earnings payment timing. Author Earnings shall be determined monthly and paid to you within thirty (30) days after the month in which the amount was earned concludes if the aggregate amount of the Earnings due to you for the work exceeds 500 INR. If the monthly Earnings amount does not exceed 500 INR the existing Earnings amount will be added to the subsequent monthly Earnings amount due (Cumulative Earnings) until the Cumulative Earnings first exceeds 500 INR. Cumulative Earnings that do not exceed 500 INR by the end of a calendar year shall be paid to you within thirty (30) days after year end. If you have a bank account outside India, the minimum Cumulative Earnings will be INR 10,000 after which the Earnings will be transferred to you. Additionally, a wire transfer fee based on the bank will apply and be borne by you.

D. Mode of transfer. Author Earnings shall be paid by electronic fund transfer (NEFT/RTGS) to your designated bank account in India or outside India as the case may be. You need to provide Novel Nuggets with all the relevant bank details to effect the transfer.

E. Tax withholding and PAN number. All Author Earnings payouts will be subject to applicable tax requirements. You shall provide Novel Nuggets with all necessary information and documentation requested by the Publisher to comply with tax requirements including your PAN number. If the Author is a single person, the “PAN Number” is understood to be your personal PAN. In the event the Author fails to provide Novel Nuggets with the proper documentation and information, or fails to fully comply with the provisions of this Agreement and Terms, Novel Nuggets maintains the right to withhold from amounts owed to you any moneys required to be deducted or withheld in compliance with the tax code or other governing laws. You shall have no right to seek reimbursement from Novel Nuggets for such withholdings and payment by Novel Nuggets to the proper authorities.

2. Submission Guidelines

Submissions are to be sent via electronic mail to the submission team of Novel Nuggets upon request. You must submit in one package:

1. A signed and scanned copy of this Agreement via electronic mail.
2. A fully completed current title submission form.
3. Payment for Publication Services (if not previously received).
4. A copy of the work in Microsoft Word format in a single file: (a) If you have created a separate document for each chapter or section of your book, you must collate all your documents in the correct order and provide it as a single file. (b) If your book is in a language other than English, you must provide your manuscript with a single Unicode font. Manuscripts with non-Unicode fonts will not be accepted. (c) All images, tables and equations must be provided within the same document placed in the appropriate place in the document. (d) Tables created using Tabs instead of Table Structure will not be accepted. (e) Flow charts and objects must be converted into images before submission. (f) Equations must be in MathML or MathType format. Any other format will not be accepted.
5. All graphics (if you choose to provide) in an accessible digital file format with minimum 300 DPI resolution.

3. Pricing

You shall set the default and maximum price of the work greater than the MINIMUM RECOMMENDED MRP set by Novel Nuggets for the work taking into account the cost of printing and distributing the work. Novel Nuggets may ask you via electronic mail to modify the price of the paperback, hardcover, and e-book format of the work, should costs change or market conditions warrant.

4. Author Discounts

You shall have the right to purchase copies of the work based on the current information displayed on the author dashboard area of Novel Nuggets’ website at the time each order is placed. All Author payments must be made in advance.

5. Production Files

You shall have the right to the text and cover digital production files of the work in PDF file format and the eBook file in .ePub format upon the effective date of termination of this Agreement.

Acknowledgement

I have read and fully understand the Novel Nuggets Book Publishing and Distribution Agreement and the associated order form that details the list of service deliverables and the payment terms for my book publishing project. I will follow the Novel Nuggets submission guidelines and the payment terms agreed by me vide this agreement and its associated order form(s).

For the Author: ______________________     For Novel Nuggets: ______________________