AUTHOR's Contract with Oak EBOOKS

Definitions

OEB is the company Oak EBooks Limited.

OEBW is OEB's website, i.e. www.oakebooks.com.

OEBA is an account held by OEB for AUTHOR.

AUTHOR has an OEBA for the purpose of selling BUNDLEs via services provided by OEB, and has the rights to do so. AUTHOR is either literally the author of the work sold, or his or her publisher.

EBOOK is an electronic book, in PDF format, provided by AUTHOR to an OEBA.

BUNDLE is a collection of one or more EBOOKs.

READER is a purchaser of a BUNDLE

AUTHOR Account with OEB

• AUTHOR's completion of the application form on OEBW is deemed an application for an OEBA and acceptance of this contract.
• OEB may accept or decline such applications at its sole discretion.
• Acceptance of an OEBA is indicated to AUTHOR via email.
• AUTHOR may upload up to 20 EBOOKS onto this OEBA. A maximum size of 2 MB per book is allowed.
• Newly uploaded EBOOKs, including new versions of the same EBOOK, require approval by OEB, which is given or declined at the sole discretion of OEB.
• OEBW will facilitate the sale of BUNDLEs between AUTHOR and READER in which each EBOOK is approved by OEB.
• OEB is not liable for site downtime or interrupted transmissions.
• OEB, in providing security against the illegal copying of ebooks, neither claims nor promises absolute security, and regards as naive any similar promise made by any company or other institution of any size in any field. OEB does not take responsibility for any losses that may occur through illegal copying.

Publishing Rights

• AUTHOR hereby grants to OEB right and license, under any and all copyrights and other intellectual property rights of AUTHOR associated with the EBOOK shown above, to facilitate the sale of EBOOKS between AUTHOR and READER, by copying the EBOOK, modifying it for the purposes of security, and permitting READER to download it from OEBW. OEB's rights in connection with the foregoing include the right to copy, modify, and deliver the EBOOK, including modified versions thereof, and to authorize others to do some or all of the foregoing throughout the world. All rights in the EBOOK not specifically granted to OEB in this agreement are reserved by the AUTHOR.
• OEB will provide a page on OEBW through which sales may be made between AUTHOR and READER.
• AUTHOR will create a link from their website to the page described above.

AUTHOR Warranties

• AUTHOR warrants that he/she has exclusive right, title and interest in all EBOOKs, that it is original and that it contains no matter unlawful in its content; that it does not infringe any copyright, trade secret right, or other proprietary right of any third party; that the rights granted hereunder are free and clear of any liens and encumbrances; and that AUTHOR has full power to grant such rights to OEB.
• AUTHOR agrees to hold OEB harmless and defend and indemnify it from any and all claims, damages, costs, and expenses (including reasonable attorney's fees) arising from a breach of the above warranties.

Copyright

• AUTHOR warrants that all EBOOKs are not currently in the public domain.
• AUTHOR is advised to include in all EBOOKs the copyright notice prescribed by AUTHOR, showing AUTHOR (or AUTHOR's duly assigned representative or entity) as the owner and holder of the copyright to the work.

Refunds to READERS

• READERS have two weeks from the date of purchase in which they may request a refund by contacting OEB in this regard.
• Should the AUTHOR be contacted directly with a request for a refund within this time period, it is the AUTHOR's duty to inform OEB at the first opportunity, within two weeks from the date of the original purchase, if possible.

Taxation Issues

• AUTHOR will indicate via their OEBA if and where they are registered for EU VAT. If AUTHOR lives outside of the EU and is not registered for VAT, they must register. OEB recommends registering in the UK for simplicity.
• In facilitating a sale, OEB will determine to the best of its ability, based on information provided by AUTHOR and READER, if there is a VAT liability, and add this to the price of the sale in which OEB is intermediary.
• All VAT collected in accordance with the above point will be transferred to AUTHOR with their monthly earnings. A summary of VAT due will be included in each statement sent to AUTHOR. AUTHOR MUST pay this VAT to their registered authority.
• AUTHOR is responsible for calculating and paying their authorities for all other taxes that may be due (income tax, etc.).
• When OEB becomes registered for VAT, OEB will begin adding VAT charges to its service charges to AUTHOR, detailed below, at the UK's standard rate.

Earnings and Statements

• AUTHOR will be able to access data concerning sales via OEBW.
• At the beginning of each month, OEB will be due to pay the AUTHOR the amount due to he she or them in earnings from sales that were completed before the beginning of the previous month, i.e. sales for which no refund was sought, minus OEB's charges. OEB will endeavour to arrange all payments to be made on their due date, although is permitted thirty days in which to make payments.
• OEB's charges for completed sales of BUNDLEs are 10% of the price before tax, plus 0.50 GBP.
• OEB's charges for refunded sales of BUNDLEs are 10% of the price before tax, plus 1 GBP.
• OEB will charge an annual fee to AUTHOR.The annual fee will not be charged at the beginning of the contract. At present this stands at 60 GBP. This will be waived if the AUTHOR generates 120 GBP in charges for OEB over the course of the preceding year. If AUTHOR does not to pay this, the OEBA will be closed.
• OEB will facilitate sales in USD (US Dollars), GBP (Great Britain Pounds Sterling) and EUR (Euros)
• OEB will transfer to AUTHOR monies due for the above in their preferred currency, of GBP, EUR and USD.
• All conversions of currencies will be at the rate given by OEB's bank, on the day that conversion took place.
• If, owing to charges, AUTHOR owes OEB money, OEB may seek payment from AUTHOR, and close the OEBA if payment is not received within a reasonable time. Such closure does not invalidate any claim to monies owed.

Term of Contract

• The normal minimum period of this contract is one year from the date of acceptance of the first EBOOK provided by AUTHOR to OEB.
• EBOOKs may be removed from OEB's website should it be found that it or they are in breach of OEB's policy, or is in breach of OEB's web hosts' policy. Should this occur, OEB are not liable to give compensation to the AUTHOR, and the contract is deemed to have been terminated at the time that this occurs. OEB's decision is final.

Promotion of EBOOKs and BUNDLEs

• It is AUTHOR's responsibility to promote their own work. AUTHOR agrees that all promotional activity will be as accurate and honest as possible. AUTHOR will also give such warnings as to content as may be necessary with all promotional material that they use, and that any such warnings will be made expressly known to OEB via email.

Prohibited Material

• Material that is obscene, hateful, inciting of hatred on any grounds, unethical or illegal is PROHIBITED MATERIAL.
• AUTHOR shall under no circumstances allow their website, EBOOKs uploaded to OEB, or messages sent to any READER to contain any PROHIBITED MATERIAL. Additionally, AUTHOR shall conduct all communications with OEB and with READERs in a professional, courteous manner.
• Contravention of any of these clauses will result in the immediate cessation of this contract without any recompense due to AUTHOR.

Miscellaneous

• All notices, payments, or deliveries called for by this Agreement shall be deemed sufficient upon indication of acceptance by the AUTHOR via the submission of application for an OEBA with OEB.
• Each party agrees to comply with all applicable laws and regulations of governmental bodies having jurisdiction over the subject matter of this Agreement.
• This Agreement shall be governed by and construed in accordance with the laws of England as applied to agreements entered into and fully performed therein by residents thereof. Any dispute will be subject to exclusive jurisdiction of the English courts. The AUTHOR agrees that any action at law or in equity arising out of or relating to this Agreement shall be filed only in England, and the AUTHOR hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action.
• AUTHOR may, on reasonable notice, through his designated representative, examine OEB's records that relate to the work. Such examination shall be at AUTHOR's expense. To the extent that additional amounts are payable to either party as a result of the audit, the party owing such amounts shall pay the other party any sums due within 30 (thirty) days after receipt of notice of the audit results.
• If any provision of this Agreement shall be deemed to be unlawful or unenforceable by a court of competent jurisdiction, such termination shall have no effect on the validity and enforceability of the other terms and conditions of this Agreement, and the challenged terms shall be deemed deleted.
• Neither party shall be held liable to the other for failure of performance where such failure is caused solely by supervening conditions beyond that party's control, including Acts of God, civil disturbance, strikes, labour disputes, and lawful governmental action.
• This is the entire Agreement between AUTHOR and OEB relating to the subject matter herein.