TERMS AND CONDITIONS
AUTHOR’S AND PUBLISHER’S AGREEMENT FOR A BOOK
I, the author of the book, do hereby understand and agree to the following terms:
- I am submitting the manuscript of my book in my own will to Gullybaba Publishing House (P) Ltd. for the purpose of pre-press activities, printing, distribution and promotion.
- Gullybaba Publishing House (P) Ltd.(“GPH”, “US”,”WE”) will print and bring into circulation, the manuscript being submitted by me. This will not include the time taken for the books to reach me by post/courier. In the rare case that the book is getting delayed to be published for reasons beyond one’s control – like unavailability of paper, flood, acute power crisis, strike of press workers, etc. Gullybaba Publishing House (P) Ltd. will keep the author informed by email/phone and will do their best to get the book published in time. The book can be published in 4 weeks if author approves within 24 hours of getting print-ready version and book cover design for printing from us. If the author delays in approving the book for printing, the process may be delayed. This time does not include the time taken for typesetting and proofreading, if proofreading and/or typesetting are included, additional time would be required. However, sometimes we may not make the WORK available within such time due to heavy rush of orders through our online or offline partners, or International Fair, or so many book publishing orders at the same time. As we are conventional publishers and having wide availability of our books online as well as on physical stores, repeat print orders of books is very frequent. We make sure that delay must not be more than 20 days.
- I, the author can expect the services from Gullybaba Publishing House (P) Ltd. that are listed in our website www.gullybaba.com, under the package I have selected. License to use your Book Content to implement some features mentioned in package and in optional services. Gullybaba Publishing House (P) Ltd.(“GPH”, “us”,”we”) may offer, such as allowing others to search for and see an electronic preview of your Book(s) or applications to use the Services in connection with other services and online communities, you hereby grant to (“GPH”, “US”,”WE”) a License to reproduce, distribute, publicly display, use, and otherwise make available the designated Book(s), any Book Content therein, and any other data and information you provide in connection with the optional feature, as required for (“GPH”, “us”,”we”) to provide such optional features.
- AUTHOR represents and warrants the following to GULLYBABA PUBLISHING HOUSE (P) LTD. (“GPH”, “ US”,”WE)
(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 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;
(iii) The WORK is not in the public domain and is entirely original except for portions thereof for which legally effective written licenses or permissions have been secured;
(iv) The WORK and all rights therein are free of liens, claims, interests or rights in others of any kind;
(v) The WORK as submitted, and its publication by GULLYBABA PUBLISHING HOUSE(P) LTD. (“GPH”, “US”,”WE”), and the WORK’S title do not and 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;
- Additional services not listed in the selected package are available on additional payment (special services to your book).
- I, the author of the book, or my nominated family member will be the copyright holder of the book.
- The book cannot be printed and distributed by two different companies in the same language and in same country at the same time. I, the author can however withdraw the book from Gullybaba Publishing House (P) Ltd. any time, if the book is selected for publication by any other publisher I like, or for other reasons. There will be no fee for doing this; however he must inform Gullybaba Publishing House (P) Ltd. by email, so that Gullybaba Publishing House (P) Ltd. stops selling and enlisting this book. There will be no refund made from Gullybaba Publishing House (P) Ltd. for the author withdrawing a book or withholding publication.
- Gullybaba Publishing House (P) Ltd. takes no responsibility of the content in the book. The views expressed in the book are solely those of the author only and the Gullybaba Publishing House (P) Ltd. has nothing to do with the ownership of the content. The (“GPH”, “US”,”WE”) will not be a party with the author if any lawsuit arises from the content or images used in the book. Gullybaba Publishing House (P) Ltd. may withdraw the book if any lawsuit / legal proceedings happen regarding the content or images used in the book or for other reasons. If any lawsuit arises from the book and Gullybaba Publishing House (P) Ltd. is by any chance made a part of it, the author will pay the legal expenses, fines, compensation if any applicable on Gullybaba Publishing House (P) Ltd. As the author, I assure that I own the right/copyright of all the images and photos used inside the book. I understand that no image or content can be used for which the author does not own the copyright.
- As the author, I assure that this work is original and not exactly the same as any other literature written by someone else, ruling out the possibilities of any copyright issues with other authors. In case the book is found to be plagiarized, or copied, Gullybaba Publishing House (P) Ltd. will have the right to withdraw the book from circulation with no refund.
- As the author I assure that I will not post, submit for print services, or otherwise provide to services, any Prohibited Content. My book is not among the categories of books Gullybaba Publishing House (P) Ltd. does not print and distribute “Prohibited Content” includes Book Content that is mentioned below in point (i) to (iii). (“GPH”, “US”,”WE”) RESERVES THE RIGHT TO REFUSE TO PRINT ANY BOOK THAT CONTAINS CONTENT THAT IT DETERMINES IN IT SOLE DISCRETION IS PROHIBITED CONTENT, and you agree to indemnify and hold (“GPH”, “US”,”WE”) and its subsidiaries, affiliates, officers, employees, suppliers, (“GPH”, “US”,”WE”)s, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.
(i) Pornographic or obscene books.
(ii) Books propagating the ideology of terrorist groups, anti-government in content or against the interest of the nation.
(ii) Books containing personal attacks, allegations or hatred towards real person(s), organization(s) or communities, books containing legal case histories & solicitations of past, presently continuing or planned future litigation with real person(s), organization(s) or communities.
- As the author I can resell the books I receive as complementary copies from Gullybaba Publishing House (P) Ltd.
- Under certain packages Gullybaba Publishing House (P) Ltd. will build a standard website for the author, where the book will be featured; as a promotional measure. If I want additional features in website, the additional cost will have to be borne by me.
- The price of the paperback, hardcover, audio book, and eBook format of WORK will be mutually decided and agreed upon. Should costs change or market conditions warrant the (“GPH”, “US”,”WE”) may modify the price of the paperback, hardcover, audio book and eBook after mutually agreeing with the author. Should this happen, the ROYALTY change will be discussed with the author and changed accordingly.
Termination by GULLYBABA PUBLISHING HOUSE(P) LTD. (“GPH”, “US”,”WE”)
AUTHOR’s Right of Termination
- AUTHOR shall be entitled to terminate this Agreement effective thirty (30) days after (“GPH”, “US”,”WE”) receipt of a written termination notice. If AUTHOR terminates this agreement for any reason other than a breach of contract by (“GPH”, “US”,”WE”), AUTHOR agrees to pay (“GPH”, “US”,”WE”) any amounts due on services purchased.
- Also upon giving thirty (30) days advance written notice, publisher (Gullybaba Publishing House P. Ltd.) may terminate publication of the WORK without cause, at which point all rights herein granted to publisher shall revert to AUTHOR. And the same refund conditions will prevail in this case too.
- AUTHOR shall have the right to purchase the text and cover digital production files of the WORK in PDF and PageMaker format upon the effective date of termination of this Agreement. The fees for AUTHOR’s purchase of such files shall be twelve thousands five hundred (Rs.12500) for the interior production files and for the cover files.
- I, the author will be able to make changes to my book till I have approved the book to be printed. No changes are possible once the book is in press. Changes are however possible in the next printed version/edition, after the ready stock of her/his books get sold and completed. If the author-approved version which is going to the press has mistakes, the mistakes will be there in the printed version, and Gullybaba Publishing House (P) Ltd. will not be responsible for those; that is why it is recommended that the author checks the final print/final formatted PDF or PageMaker file at our office premises, if author cannot visit our office then hard copy will be sent by courier without any charge in India-read carefully before approving for print.
- I, the author can also separately promote and advertise my book to build awareness and increase sales. But this title will not be available on Online Services without the consent of “GPH”.
- I, the author can sell movie rights to any filmmaker or director or movie producer at any time without taking permission of “GPH”. Gullybaba Publishing House (P) Ltd. will have no say in this matter. Although “GPH” will expect a curtsey notifications e-mail to have the good news.
- I, the author can get this book translated in any other language and publish translated version of this book in the same country without seeking permission of Gullybaba Publishing House (P) Ltd.
Print Book Sales
- On all sales by (“GPH”, “US”,”WE”) of printed copies of the WORK, (“GPH”, “US”,”WE”) will pay AUTHOR an amount as follows:
• On retail, wholesale or consumer sales, excluding sales to AUTHOR, (“GPH”, “US”,”WE”) will pay AUTHOR an amount equal to the List Price of the WORK.
• No amounts will be paid on copies provided free of charge or sold via the AUTHOR DISCOUNT Program.
- Gully Baba will reserve the title for two years with it for all publishing services.
- Gullybaba Publishing House (P) Ltd. depends on 3rd party companies like Flipkart, Paytm, Shopclues, Amazon, Askmebazzar etc. for distribution of the book. If a book is unavailable through a certain 3rd party website or websites, which is/are included in a scheme, for some reason, GPH will make all possible efforts to make it available there. However since GPH does not own these 3rd party companies and websites, there are limitations to the level of control over them, and if a 3rd party website changes their policies or business pattern, or interest area, which results in GPH failing to make a book available in that website within 3 months of publication; GPH will make it available from an alternative outlet. Apart from online availability your book will be available at our own Distribution channel in Darya Ganj, Delhi (Largest Book Publishers and Distributors Hub in India).
- Gullybaba Publishing House (P) Ltd. will pay ‘royalty’ to the author, which is a percentage of the MRP (maximum retail price, or printed price) of the book, multiplied by the actual sales figures. The royalty percentage is mentioned in the package selected. Royalty amount is directly related to the number of books sold. Royalty will be paid from time to time, following the sales report. Sales reports will be sent to the author, compiled from the sales data of different website and outlets (if any) and Gullybaba Publishing House (P) Ltd., from time to time. The first sales report can be requested or expected 6 months after publication and thereafter once every 6 months. If no books are sold, no royalty becomes due to the author. But it rarely happens with us that no books are sold as your book is made available to international book fair (min for 2 fairs). The chances of good sales, & exposure of author & book is highest & almost certain.
• On sales on Book stores, the Royalty given will be – 15%
• On online sales, the Royalty given will be- 25%
• On Sales through GPH website, the Royalty given will be – Min. 25%.
• Discount on direct sales will be – 60%-65% e-Book and Audio Book Sales
- On all sales by (“GPH”, “US”,”WE”) of eBook and audio book formats of the WORK, (“GPH”, “US”,”WE”) will pay AUTHOR an amount as follows:
• On all sales, (“GPH”, “US”,”WE”) will pay AUTHOR an amount equal to fifty percent (50%) of the payments (“GPH”, “US”,”WE”) receives from the sale of eBook and audio book copies of the WORK.
• No amount will be paid on copies provided free of charge or sold via the AUTHOR DISCOUNT Program
- MRP / printed retail price of the book will be decided by Gullybaba Publishing House (P) Ltd. considering multiple factors like the number of pages, size of the book, color pages if any, type of binding, no. of images or illustrations used, additional cover decoration, popularity of subject, commission charged by sellers (online as well as physical outlets, if any) etc. GPH’s decision in this regard will be reasonable, at par with the current market trends and final. However, request to modify or alter the maximum retail price can be made by author. And we always make sure to keep the MRP within the reach of common man which further benefits in sale of book.
- Printing and binding errors: In the unlikely case if you notice printing or binding errors after receiving and opening the parcel, please bring it to our notice. Our editorial team will investigate the issue immediately. If it is found that what has been printed is what you had approved to be printed, then we cannot help, because you had approved this to be printed. In that case the best we can do it bring out a corrected edition once the first edition is all sold. If it is found that what has been printed or bound is significantly different from what you had approved for printing; or the pages are in wrong order due to a binding issue, we shall take responsibility. In that case please send back only the copies you have that have these issues, and we shall be happy to replace the number of copies you send back, with correctly printed and bound copies within 21 days of receiving the returned copies. We shall replace the exact number of copies that you send us back, if they are found to have these issues.
- Photos of the author, the book cover, any events related to the book, or its launch, scans / photos of newspaper reviews, articles related to the book can be used by Gullybaba Publishing House (P) Ltd. for advertisement campaigns in newspapers, Facebook, World Book Fair, the author’s website or on the website of Gullybaba Publishing House (P) Ltd.
- Gullybaba Publishing House (P) Ltd. will maintain confidentiality of the manuscript, till it is printed and distributed by Us, and avoid misuse of the manuscript. In some cases where author has opted for optional services we may share the manuscript, kindly visit our publishing page on Gullybaba.com.
- Disputes arising if any, can be resolved by mails and phone calls or by arbitration. If these efforts fail, all legal actions are subject to jurisdictions of courts of New Delhi, India only.
- Both the parties do hereby agree to the terms laid and set above.
(i) 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; and
(ii) All information in the submission package is accurate.