"Content" means any manuscript, outline, notes, interviews, artwork, cover design, illustration, audio, video, metadata, or other material created, edited, formatted, or delivered by the Company, or submitted by Client, in connection with the Services.
"Deliverables" means the final Content product(s) identified in the applicable order form, invoice, proposal, quotation, or statement of work (each, an "Order").
"Client Materials" means any manuscript, interview, note, draft, photograph, quotation, third-party excerpt, instruction, or other source material supplied by Client.
"Distribution Partners" means third-party retailers, printers, distributors, aggregators, or platforms (including without limitation Amazon, KDP, IngramSpark, Barnes & Noble, Apple Books, Audible, and similar services) through which Deliverables may be made available.
"Affiliated Brands" means the trade names, brands, and websites operated by the Company from time to time. This Agreement applies to each of them, and an engagement under one brand does not create rights against another.
The Company provides the Services described in the applicable Order. The scope, word count, page count, number of revision rounds, deliverable formats, and delivery milestones for any engagement are governed exclusively by the Order. Any service, feature, format, or material not expressly listed in the Order is not included and may be added only through a written change order and additional fee, payable in advance.
If Client and the Company have signed a separate service agreement, that service agreement controls to the extent it conflicts with this Agreement, and this Agreement governs all matters the service agreement does not address. Otherwise, in the event of any conflict between an Order and this Agreement, this Agreement controls except where the Order expressly states that it supersedes a specific numbered Section of this Agreement and is signed by an authorized representative of the Company. Marketing materials, brochures, website copy, sales conversations, chat messages, and email correspondence do not modify this Agreement and do not create any obligation, warranty, or guarantee.
The Company may, in its sole discretion and without notice to Client, use artificial intelligence tools, research assistants, subcontractors, freelancers, affiliated entities, or additional writers, editors, designers, or illustrators at any stage of the Services. All work product remains subject to this Agreement regardless of the tools or personnel used. The Company does not warrant that any particular individual will perform any specific portion of the Services, and substitution of personnel is not a breach of this Agreement.
The Company is not a legal, medical, financial, tax, or fact-checking service, and nothing delivered under this Agreement constitutes professional advice of any kind.
Fees are due as set forth in the Order, typically as a deposit followed by milestone or installment payments. Work will not begin, and no Deliverable will be released, transferred, published, or uploaded to any Distribution Partner, until the applicable payment has been received in full and has cleared. Time is of the essence with respect to Client's payment obligations. Late payments accrue simple interest, beginning on the day after the payment due date, at one and one-half percent (1.5%) per month (18% annually), or the maximum rate permitted by applicable law, whichever is lower, together with all costs of collection. Interest is not compounded, and in no event will the Company charge or collect interest in excess of the maximum amount permitted by law; any excess will be credited against the amount owed or refunded to Client.
All fees are exclusive of taxes, bank charges, currency conversion costs, and third-party platform fees, all of which are Client's responsibility. Deposits and installments are earned by the Company upon receipt and are not held in trust or escrow.
Refund eligibility is determined solely by the schedule below, measured from the time the first deliverable, draft, sample, layout, illustration, or other work product for the applicable milestone is submitted to Client:
All refund requests must be submitted in writing by email to complaint@finebookpublishers.com within the applicable window and must state the specific grounds. Requests submitted after the window, or made verbally, are void. Approved refunds are issued to the original payment method within thirty (30) business days and are the Company's sole and exclusive liability, and Client's sole and exclusive remedy, in connection with any dissatisfaction with the Services.
Notwithstanding Section 3.2, no refund of any kind will be issued, and all amounts paid are forfeited, in any of the following circumstances: Client changes its mind or its circumstances change; Client locates lower-priced services elsewhere; Client fails to contact or respond to the Company for more than fourteen (14) consecutive days; Client places the project on hold; Client has approved a test chapter, sample, illustration, draft layout, or manuscript; Client violates this Agreement or any Company policy; Client engages another publisher, writer, designer, or illustrator for the same project; the request falls outside the originally agreed scope; the refund window has expired; final files have been delivered; the Deliverable has been submitted to any Distribution Partner or publishing platform; the item was provided free of charge or as a bonus; or delay is attributable in whole or in part to Client. In addition, any amount the Company has already paid to third parties on Client's behalf, such as printing, shipping, advertising spend, platform or registration fees, or outside vendor costs, is non-refundable in all cases and is deducted from any refund.
Client agrees to raise any billing concern directly with the Company in writing by email to complaint@finebookpublishers.com and to allow the Company fifteen (15) days to respond before contacting Client's bank, card issuer, or payment platform. Initiating a credit card chargeback, payment reversal, or payment platform dispute instead of following the procedures in this Agreement constitutes a material breach. If a chargeback or payment dispute is resolved in the Company's favor, Client agrees to reimburse the Company for the full chargeback amount, plus a seventy-five dollar ($75) administrative fee per occurrence, plus all reasonable attorneys' fees and collection costs incurred in disputing or recovering the amount. Upon receipt of a chargeback notice, the Company may immediately suspend all Services, and the rights in any Company Work Product that has not been paid for revert to the Company under Section 7.3. The Company may also withdraw from distribution, without liability, any title published through an account held or managed by the Company under Section 8.3. The Company will not access a publishing account owned by Client to withdraw a title or for any other purpose related to a payment dispute.
The following are billed at the Company's then-current hourly or per-change rates, payable in advance: revisions beyond the rounds specified in the Order; manuscripts exceeding the contracted word count or page length; expedited timelines; reinstatement of a project placed on hold for more than thirty (30) days; and changes requested after a Deliverable has been sent to formatting, printing, or a Distribution Partner.
Client represents and warrants that all Client Materials are original to Client or that Client has obtained all rights, licenses, releases, permissions, and clearances necessary for the Company to use them in the Deliverables. Client is solely responsible for identifying and disclosing any Client Materials that require permission, attribution, or licensing fees, and for paying those fees. The Company has no obligation to verify the accuracy, originality, ownership, or legality of Client Materials and bears no responsibility or liability for Client Materials incorporated into the Deliverables at Client's direction.
Client is solely responsible for the accuracy of all factual, biographical, historical, scriptural, medical, legal, financial, or technical claims contained in the Deliverables, whether such content originated with Client or was drafted by the Company from information Client supplied.
Client shall respond to Company requests for information, approvals, and feedback within five (5) business days. Client's failure to do so extends all timelines accordingly, does not excuse any payment obligation, and after fourteen (14) consecutive days of non-response permits the Company to treat the project as placed on hold under Section 3.3 or to close the file as complete, in either case without refund.
Client's approval of any draft, sample, layout, proof, or milestone is final as to that stage and forecloses any later objection to it.
Any timeline, delivery date, or turnaround estimate provided by the Company, whether in an Order, marketing material, proposal, or correspondence, is a good-faith estimate only and is not guaranteed. Delays may arise from manuscript complexity, Client responsiveness, revision requests, third-party vendors, or events beyond the Company's control. Delay in delivery, standing alone, does not entitle Client to a refund, discount, credit, or damages of any kind, does not constitute a material breach, and is not grounds for termination by Client for cause.
Printed copies, including author copies and proof copies, are produced and shipped by third-party printers and carriers. Minor variations in color, trim, paper, and binding are normal in printing and are not defects. Client must inspect printed copies on arrival and report any printing error, damage, or defect to the Company in writing, with photographs, within seven (7) days of delivery; copies not reported within that time are deemed accepted. If a reported error is confirmed and was caused by the printer, the Company will request a reprint or replacement of the affected copies from the printer, which is Client's sole remedy. Errors in content that Client approved are not printing errors. Risk of loss passes to Client when the order is handed to the carrier, and the Company is not responsible for carrier delays or lost shipments, although it will help Client file a claim with the carrier or printer.
The revisions included are stated in the Order. Where the Order provides unlimited revisions, revisions continue until Client gives final approval, provided they stay within the original agreed scope (text corrections, minor layout adjustments, and minor illustration tweaks). Client must submit consolidated written feedback for each round within fourteen (14) days of receiving the draft; if Client does not respond within that time, Section 4 applies.
The Company reserves sole and absolute discretion to determine whether a requested change is a revision within scope or new work product outside scope. Changes to genre, structure, point of view, core narrative, chapter count, character set, or design direction are outside scope. Revision turnaround is typically forty-eight (48) hours from receipt of consolidated written feedback and is an estimate only.
Client retains full ownership of Client's manuscript, all Client Materials, and all copyrights and other intellectual property rights in them at all times. Nothing in this Agreement transfers ownership of Client's book or Client Materials to the Company, and the Company does not claim any share of the book's royalties or revenue.
Content created by the Company in performing the Services, including drafts, edits, designs, illustrations, layouts, and other work product (the "Company Work Product"), remains the property of the Company until the Company receives payment in full of all amounts due under the applicable Order. Until payment in full is received, Client obtains no license, right, or title to use, publish, distribute, reproduce, adapt, register, or share any Company Work Product, in whole or in part, and any such use constitutes copyright infringement in addition to breach of this Agreement.
Upon receipt of payment in full, the Company assigns to Client all right, title, and interest in and to the Company Work Product included in the final Deliverables, including the copyright therein, so that the final book and everything the Company created for it belong to Client. To the extent any portion of the Deliverables qualifies as a "work made for hire" under the U.S. Copyright Act, it shall be treated as such upon payment in full; to the extent it does not so qualify, this Section operates as a present assignment effective upon payment in full. If any payment is subsequently reversed, charged back, or otherwise fails, the assignment under this Section automatically terminates and all rights in the Company Work Product revert to the Company without notice.
Working files, source files, editable design files, project templates, and research materials are not Deliverables and are not assigned to Client unless expressly listed in the Order. Any third-party fonts or stock images used in a design remain subject to their respective licenses.
Client acquires no rights in the Company's proprietary processes, methodologies, templates, style guides, checklists, prompts, software, or other tools used to produce the Deliverables, all of which remain the exclusive property of the Company. Nothing in this Agreement restricts the Company from performing similar services for other clients or from using the general skills, knowledge, and experience gained in performing the Services.
Where an Order includes copyright registration, the Company will prepare and file the application with the United States Copyright Office on Client's behalf, naming Client as the copyright claimant. The Copyright Office alone decides whether to register a work and sets its own processing times, and the Company does not guarantee registration or any timeline. The Company is not a law firm and does not provide legal advice. Any delay, request for correspondence, or refusal by the Copyright Office is not a breach by the Company and does not entitle Client to a refund.
The Company makes no representation or warranty regarding book sales, revenue, royalties, reviews, rankings, awards, critical reception, retailer or platform acceptance, media coverage, search visibility, or any other outcome of publishing, distributing, or marketing the Deliverables. Distribution Partners independently determine pricing, availability, discounting, and whether to list or de-list a title, and the Company has no control over and no liability for those decisions or for any account suspension, rejection, or removal by a Distribution Partner. Any figures, testimonials, or case studies referenced by the Company are illustrative only and are not a promise of similar results.
The Company's representatives may help Client create, set up, or manage accounts with Distribution Partners, either by guiding Client through the process or by completing the setup on Client's behalf. Every publishing account created for Client belongs to Client and, where the platform permits, is registered in Client's name and with Client's information. Client shall promptly provide all documents, approvals, and tax and identity verification that a Distribution Partner requires. Delays caused by Client's failure to do so are not a breach by the Company and are not grounds for a refund, cancellation, chargeback, or payment dispute. Client is responsible for the security of its publishing accounts, including passwords and two-step verification, and should change its passwords once setup is complete. The Company is not liable for any activity on Client's accounts after setup is complete.
The Company's standard practice is to publish Client's book through accounts that Client owns and controls, so that royalties are paid by the Distribution Partner directly to Client. If Client is unable or prefers not to open an account, Client may authorize the Company in writing to publish the book through an account held or managed by the Company or one of its publishing partners. The Company will use this option only after receiving Client's written approval, and it is offered solely as a convenience to Client. Under this arrangement, the Company acts only as a facilitator for distributing the book, and Client keeps full ownership of the book and all related rights.
Any royalties, earnings, or sales proceeds from Client's book actually received by the Company under this arrangement belong to Client and will be forwarded to Client within a reasonable time after receipt, less any platform, payment processing, or transfer fees and any taxes withheld by the platform or required by law. The Company is not responsible for any amount that a Distribution Partner or publishing partner withholds, delays, or fails to pay, and the Company will not claim any portion of those funds without Client's express written consent.
Because an account held or managed by the Company may also be used to publish books for other clients, its availability is controlled by the Distribution Partner, not the Company. If that account is suspended, restricted, or closed, or the Distribution Partner removes a title, withholds funds, or stops providing sales or royalty reports, for any reason, the Company is not liable, to the maximum extent permitted by law, for any resulting loss of sales, royalties, reports, listings, reviews, or rankings, and this is not a breach of this Agreement or grounds for a refund, chargeback, or payment dispute. In that event, the Company will forward any royalties it has actually received under this Section and, on Client’s request, provide Client’s final files so that Client can republish the book through Client’s own account. Client acknowledges that publishing through Client’s own account is the Company’s recommended option and that Client chooses this arrangement at Client’s own risk.
Client grants the Company a non-exclusive, royalty-free license to display the book title, cover, author or pen name, and short excerpts such as back-cover copy in the Company's portfolio, website, and marketing materials. The Company will use any testimonial or review Client provides only as Client wrote it. The Company will use Client's photograph or likeness only with Client's separate written permission. Client may ask the Company in writing to stop future use. Within thirty (30) days of the request, the Company will remove the materials from its websites and from social media accounts it controls, and stop using them in new marketing materials, but it is not required to recall materials already printed or distributed, or to remove content from third-party sites it does not control.
Where the Services include ghostwriting, the Company and its personnel waive any claim to authorship credit in the published Deliverable, subject to the Company's rights under Section 9. Each party agrees to use the other's confidential business and personal information solely to perform this Agreement and not to disclose it to third parties, except as necessary to perform the Services (including to subcontractors, editors, designers, and Distribution Partners), as required by law or legal process, or as permitted under this Agreement. Client's obligations of confidentiality with respect to the Company's pricing, processes, templates, and personnel survive indefinitely.
Within forty-five (45) days after the final Deliverables are delivered, the Company deletes Client Materials and project files, except for (a) records the Company needs for legal, tax, and accounting purposes, such as Orders, invoices, and payment records; (b) materials the Company is permitted to use under Section 9; and (c) information needed to manage any title the Company publishes on Client's behalf under Section 8.3. Any records the Company keeps remain subject to the confidentiality obligations of this Section.
The Company has no obligation to monitor or review Client Materials or Deliverables for legality, accuracy, or appropriateness, and undertakes no responsibility for Content even where it elects to review it. The Company reserves the right, in its sole and absolute discretion and without liability, to decline, pause, or withdraw from any engagement it determines involves content that is unlawful, defamatory, obscene, infringing, plagiarized, hateful, or otherwise objectionable, or where Client is abusive, threatening, or has provided materially false information. Fees paid prior to such withdrawal are non-refundable under Section 3.3.
Client represents and warrants that: (a) Client is at least eighteen (18) years of age and has full legal capacity and authority to enter into this Agreement; (b) all Client Materials and instructions do not and will not infringe any copyright, trademark, right of publicity, or other proprietary right of any third party; (c) the Deliverables, to the extent based on Client Materials or Client's direction, will not defame, invade the privacy of, or otherwise violate the rights of any person; (d) Client will not direct the Company to produce content promoting unlawful activity, hatred, or discrimination, or content that could reasonably cause physical or financial harm without appropriate disclaimers; and (e) all account, contact, and payment information provided is true, current, and complete.
The Services and the Company's websites are intended for adults. The Company does not knowingly collect personal information from any person under the age of thirteen (13). Persons under eighteen (18) may engage the Services or use the websites only with the involvement and consent of a parent or legal guardian, who assumes full responsibility under this Agreement.
Client is granted a limited, non-exclusive, non-transferable, revocable license to access the Company's websites strictly in accordance with this Agreement. Client shall not use any website in any manner that could damage, disable, overburden, or impair it, nor obtain or attempt to obtain materials or information through means not intentionally made available. All text, graphics, logos, images, software, and compilations on the websites are the property of the Company or its suppliers and are protected by copyright and other laws. Visiting a Company website or sending email to the Company constitutes electronic communication, and Client consents to receive communications electronically and agrees that they satisfy any legal requirement that communications be in writing.
Except as expressly stated in this Agreement, the Services, websites, and all Deliverables are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. The Company does not warrant that the Services or websites will be uninterrupted, error-free, or secure. No advice or information, oral or written, obtained from the Company or through the Services creates any warranty not expressly stated herein.
To the maximum extent permitted by law, in no event shall the Company, its officers, directors, employees, contractors, or Affiliated Brands be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity, or anticipated savings, arising out of or related to this Agreement or the Services, regardless of the theory of liability and even if advised of the possibility of such damages.
The Company's total liability for any dispute, claim, or cause of action arising from or relating to this Agreement or the Services, whether in contract, tort, statute, or otherwise, shall be limited to direct, actual damages and shall not exceed the amount actually paid by Client to the Company for the Services giving rise to the claim, which is Client's sole and exclusive remedy. The parties agree this limitation is a fundamental element of the basis of the bargain and that the Company's fees would be substantially higher without it.
Client agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, contractors, and Affiliated Brands from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Client Materials or instructions provided by Client; (b) any breach of Client's representations and warranties; (c) Client's use, publication, or distribution of the Deliverables; (d) Client's violation of any law or third-party right; or (e) any dispute between Client and a Distribution Partner. The Company may control the defense and settlement of any such claim, and Client shall cooperate fully and bear all associated costs.
Before initiating any formal proceeding, the parties shall attempt in good faith to resolve any dispute by written notice describing the dispute and proposed resolution, which Client must send by email to complaint@finebookpublishers.com, followed by at least thirty (30) days of good-faith negotiation. Compliance with this Section is a condition precedent to filing any lawsuit.
If a dispute is not resolved informally, it shall be resolved exclusively in the state or federal courts located in the State of Texas, with venue in Fort Bend County, Texas, to the extent permitted by law. Either party may instead bring an individual action in small claims court for any dispute within that court's jurisdiction.
Any lawsuit arising out of or relating to this Agreement or the Services will be brought only on an individual basis and not as a class, collective, consolidated, or representative action.
This Agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Jurisdiction and venue for any dispute are as provided in Section 18.
This Agreement begins when Client first submits payment or otherwise engages the Company and continues until the Services under the applicable Order are complete, unless earlier terminated. The Company may suspend or terminate the Services immediately, without liability, if Client fails to make a required payment, breaches any representation or warranty, initiates a chargeback, or engages in abusive conduct toward Company personnel. Client may terminate an engagement at any time by written notice, but refunds are available only as provided in Sections 3.2 and 3.3, and any outstanding balance for work performed through the termination date becomes immediately due. Sections 3, 4, 7, 8, 9, 10, 12, 15, 16, 17, 18, and 19 survive termination.
This Agreement, together with the applicable Order and any signed service agreement, constitutes the entire agreement between the parties regarding the Services and supersedes all prior or contemporaneous communications, proposals, and understandings, whether electronic, oral, or written. The Company may update this Agreement at any time by posting a revised version on the applicable website, and may notify Client of updates by email or through the website. Client is responsible for reviewing the current version of this Agreement before placing each Order. Client may not modify this Agreement except by a writing signed by an authorized representative of the Company.
The Company may assign or transfer this Agreement, in whole or in part, including to any Affiliated Brand or successor entity, without notice or consent. Client may not assign this Agreement or any rights or obligations hereunder without the Company's prior written consent, and any attempted assignment in violation of this Section is void.
The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, employment, or fiduciary relationship.
If any provision is held unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be so modified, and the remainder of this Agreement remains in full force and effect. The Company's failure to enforce any provision is not a waiver of that or any other provision.
Neither party is liable for delay or failure to perform due to causes beyond its reasonable control, including acts of God, labor disputes, internet or utility failures, pandemics, or governmental action; provided that Client's payment obligations are not excused by this Section.
Notices to the Company must be sent in writing to the address below. Notices to Client will be sent to the email or mailing address on file and are deemed received when sent.
Each party shall bear its own attorneys' fees, court costs, and other legal expenses in any dispute arising out of or relating to this Agreement or the Services, and, to the extent permitted by law, each party waives any right to recover them from the other, including under Chapter 38 of the Texas Civil Practice and Remedies Code, except as stated in Section 3.4.
This Agreement is for the sole benefit of Client and the Company and confers no rights on any third party, including Distribution Partners. No rule of construction requiring interpretation against the drafting party shall apply. Headings are for convenience only. It is the express wish of the parties that this Agreement and all related documents be written in English. A printed version of this Agreement and of any notice given electronically is admissible in judicial or administrative proceedings to the same extent as other business records.
Fine Book Publishers, a trade name of Publisher Universe LLC
Mailing address (documents and notices):
1500 S Dairy Ashford Rd, Suite 207, PMB 708, Houston, TX 77077, United States
Website: www.finebookpublishers.com
Email: complaint@finebookpublishers.com Telephone: (855) 822-2558
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1500 S Dairy Ashford Rd, Suite 207 , PMB 708 Houston, TX 77077 United States