Clients using our website automatically abide by the terms and conditions listed here in the agreement.After reviewing the following terms and conditions thoroughly, if you do not agree to the terms and conditions, please do not use this site.
The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
1. Copyright Infringement The Company respects the intellectual property rights of others. Zorba Books does not promote plagiarism. If you doubt your work has been imitated in a way that constitutes copyright infringement on zorbabooks.com’s website, we request you to please notify us of your concern by submitting a written notice to us at firstname.lastname@example.org
2. Deleting and Modification. We reserve the right and our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.
3.Billing and Payment. The services available on Zorba Books are paid form of services. By selecting a service/product, you agree to pay Zorba Books. Payments will be charged on the day you sign up for a service. Service fees are not refundable. Mode of payment will be online through net banking or draft, cheque. All payments have to be made to the account of “Zorba Books Pvt Ltd (opc)” only. You must not make any payment to any other account under any circumstance.
4.Registration. As a condition to use Zorba Books, the User is required to create an account with us. Zorba Books.com reserves the right to refuse registration of, or cancel a User in its discretion.
5. Indemnification. You agree to indemnify, defend and hold us, our officers, our shareholders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
6. Disclaimer. The content, services, listed through the site are provided on an as-is basis. We have no liability what so ever for your use of any information or service. We are not liable for any indirect, incidental or consequential damages(including loss of business, money, profit) whether based on breach of contract, breach of warranty, negligence, product liability or otherwise even if advised of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between us and you the user. This site and the information would not be provided without such limitations. Any information or advice that one receives on the website, oral or written from us will not be taken as warrant, guarantee unless stated clearly in the agreement. All information provided on the website is for your information, it is your responsibility to evaluate the correctness and completeness of all information available on zorbabooks.com or any website to which it is linked.
7. Technology Issues Zorba Books uses licensed third-party technologies as well as free technology products. Although all attempts are made to ensure stability and uninterrupted availability of services, the company is not liable for technology failure.
The company is not responsible for services, telephony and/or other fees and costs associated with an individual for access and use of the services and maintaining the same.
8. Third-Party Website. All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such Websites. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other.
9. Third-Party Products and Services. We may advertise third-party linked websites from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by third-party linked websites. Third-party linked websites are responsible for all aspects of order processing, fulfilment, billing and customer service. We are not a party to the transactions entered into between you and third-party linked websites. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from our site
10. Responsibility of Contributors. If you post material to Zorba Books, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from that Content. The content can be text, images, audio, software etc
You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
By submitting content to zorbabooks.com, you grant zorbabooks.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content.
11.Copyright Infringement and DMCA Policy, zorbabooks.com asks others to respect its intellectual property rights, as it respects the intellectual property rights of others.
All content on Zorba Books website is the property of Zorba Books. The compilation of all content on this site is the exclusive property of Zorba Books. Unless expressly permitted, no client may copy or reproduce in any part.
If you believe that material located on or linked to by zorbabooks.com violates your copyright, you are encouraged to notify zorbabooks.com in accordance with Zorba Books’s Digital Millennium Copyright Act (DMCA) Policy. This Agreement does not transfer from zorbabooks.com to you any zorbabooks.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with zorbabooks.com.
12.Product Description. Zorba Books does not warrant that the content of this Website is complete, current, or error-free and assumes no liability in this regard.
13.Contact Us. Please write to us at email@example.com for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.
(a) The intellectual property rights and copyright of the WORK shall remain with the AUTHOR.
(b) The AUTHOR grants to the PUBLISHER a license in the WORK being a license to print and publish the WORK in accordance with this Agreement.
INFRINGEMENT OF COPYRIGHT:
(a) It is agreed that if the PUBLISHER considers that the Copyright or any other rights in the WORK have been infringed, they shall notify the AUTHOR who; as the owner of the Copyright, shall be responsible for taking any legal action they deem fit, and to control, settle or compromise as they think fit.
(b) Further, it is agreed that if the AUTHOR considers that the Copyright or any other rights in the WORK have been infringed, they; as the owner of the Copyright, shall be solely responsible for any proceedings accruing thereof.
(c) Any profits, costs, expenses or damages that may occur because of such proceedings shall be the responsibility of the AUTHOR.
It is mutually agreed between the two parties hereto as follows:
1. The AUTHOR will deliver to the PUBLISHER the complete typescript of the WORK in a word file.
2. The AUTHOR guarantees that the WORK and the illustrations, in no way violates any existing Copyright and is not libelous, seditious or scandalous in nature, and he/she is fully responsible for the content of his/her work. He/she has full powers to make this Agreement and agrees to indemnify the PUBLISHER and hold them harmless from all action, claims and demands that may result from the WORK being an infringement of the existing Copyright, or that it contains any libelous or scandalous material.
3. Points to be followed by Publisher and Author:-
i. The PUBLISHER will supply the printed copies of the book within a period a fixed period, of execution of the agreement subject to the speed of AUTHOR’S responses. In case of any unforeseen incident that may cause delays, the AUTHOR will be kept in the loop in the event of such an eventuality.
In the event the PUBLISHER, does not deliver the printed copies of the WORK, due to a fault on their part, and not due to a delay in the author’s response or circumstances beyond the control of the publisher, within one month beyond the signing of this Agreement, then the PUBLISHER will refund the amount paid by the AUTHOR within 15 days of receipt of written Notice from the AUTHOR.
ii. The PUBLISHER will not be responsible for any accidental loss or damage to the WORK including illustrations or other material, by fire or otherwise, while it is in their custody or during production.
iii. The AUTHOR will supply, if required, free of cost and charge, in a form suitable for reproduction, photographs, pictures, diagrams, drawings, maps, or other material that might be necessary for illustrating the Work
iv. The AUTHOR will, if the PUBLISHER so requires, supply an index to the Work,
4. The WORK cannot be printed and distributed by two different companies in the same language and the same country at the same time. The AUTHOR can however withdraw the WORK from the PUBLISHER any time, if the book is selected for publication by any conventional publisher or for other reasons. There will be no fee for doing this; however the AUTHOR must inform the PUBLISHER by email, so that the PUBLISHER stops selling and enlisting this book. There will be no refund made from the PUBLISHER to the AUTHOR
5. The PUBLISHER takes no responsibility for the content of the WORK. The views expressed in the WORK are solely those of the AUTHOR. The printer & distributor & the PUBLISHER have nothing to do with the ownership of the content. The printer and distributor will not be a party with the AUTHOR if any lawsuit arises from the content of the book. The PUBLISHER may withdraw the sale of the WORK if any lawsuit / legal proceedings take place regarding the content of the book or for other reasons. If any lawsuit arises from the book and the PUBLISHER is by any chance made a part of the proceedings, the AUTHOR will pay the legal expenses, fines, compensation payable if any applicable.
6. The Publishers liability is limited only to the services promised by Publisher to the Author at the time of booking the Publishing Package and noted in the agreement.
7. ROYALTIES AND PRICING
i. Sales and royalty earned will be updated on the author dashboard and will be available for the author to view 24×7. Royalty payout will be made once every 6 months.
Definition: A physical book is defined as a book whose contents are printed on paper or any material having physical form, eg. Paperback, Hardback, etcetera.
(a) The PUBLISHER will decide and communicate the minimum price at which the book should be sold and the author can suggest a higher maximum retail price;
(b) For all copies sold in Zorba book stores, the PUBLISHER agrees to pay the AUTHOR royalties of approx. 50% of the maximum retail price (MRP) of the WORK sold in India
(c) For the first 1000 copies sold, The PUBLISHER, agrees to pay the AUTHOR royalties of 10 per cent of the maximum retail price (MRP) of the WORK sold in India or sold in the Rest of the World. After the first 1000 copies of the work have been sold, the PUBLISHER will pay the AUTHOR royalties of 15 per cent of the maximum retail price (MRP) of the WORK sold in India or sold in the Rest of the World.
(d) The PUBLISHER will bear costs of all logistics and postage for the books required for the sale of such books. The PUBLISHER will set up a AUTHOR dashboard wherein the author can track the sale of his book and the royalty earned.
(e) The PUBLISHER shall print the book as per demand of the book.
ELECTRONIC BOOK SALES (E-Books)
Definition: An Electronic Book is a book whose contents are in an electronic format. The same may be read in various different devices e.g. Laptops, Computers, E-readers, Mobile phones, other hand held electronic devices, etc.
Royalties: For the sales of the E- book on/ via/ for any digital media, the PUBLISHER agrees to pay the AUTHOR royalties of approx. 30 per cent of sales price of the WORK sold in India and in the Rest of the world. For Print on Demand (POD) arrangements with various international ecommerce retailers like Amazon and Ingram the PUBLISHER agrees to share 50 % of net receipts of the POD sales with the AUTHOR.
(a) The royalty due to the Author will be paid once every six months;
(b) Thereafter, the Author will be able to view his sales on his dashboard showing the number of copies sold and the royalty earned.
8. INVENTORY MANAGEMENT AND INSURANCE
The PUBLISHER shall maintain Inventory management plus inventory insurance, which means keeping a minimum number of copies at its warehouse till the contract period, incurring the warehousing costs for the same and shall insure the material against theft, serious physical damage and fire.
9. This agreement shall take effect from the day of receipt of the first instalment of the payment through DD or any other agreeable mode. The widest online distribution of the book will continue for 2 years
10. AUTHOR CREDITS – The name of the AUTHOR will appear on the book cover, on the spine and title page of the book and will appear appropriately in the case of exploitation of the work for other purposes.
11. RESERVED RIGHTS – All rights in the WORK now existing or which may hereafter come into existence, except those hereby specifically granted to the PUBLISHER are reserved to and by the AUTHOR for the AUTHOR’S use.
12. BANKRUPTCY – If the PUBLISHER is legally adjudged bankrupt or liquidates its business, this Agreement shall be terminated effectively and all rights granted to the PUBLISHER shall be terminated and all the rights granted to the PUBLISHER shall automatically and immediately revert to the AUTHOR and all electronic materials related to the WORK shall be provided at no charge to the AUTHOR upon request.
13. The validity of Agreement will be for 2 years from the date of signing of the Agreement. If both the AUTHOR and the PUBLISHER find the contract mutually profiting, the contract can be renewed for a fresh term or settled and terminated. Should there be a termination, the AUTHOR is entitled to take back any unsold stock (for which he has not received royalty) from the PUBLISHER at 55% off (without royalty) or on payment allow the Publisher to pulp the copies, since the PUBLISHER will no longer have rights to publish or sell the copies.
All the rights granted to the PUBLISHER shall automatically and immediately revert to the AUTHOR. Termination of this Agreement shall not deprive the PUBLISHER of the right to receive its share of sums due from licences or contracts granted by the PUBLISHER prior to termination nor relieve the PUBLISHER of the obligation to pay to the AUTHOR any royalties due on such sums.
14. Any dispute arising under this Agreement or any matter incidental thereto shall be submitted to arbitration as per the provisions of the Arbitration and Conciliation Act, 1996. All disputes and claims will only be settled in the Gurgaon Courts under the Arbitration and Conciliation Act of 1996.