1. Overview
Welcome to Scriptorium! These Terms of Service ("Terms" or “Agreement”) outline the terms and conditions under which Scriptorium("we," "us," or "our") will provide our custom book writing and publishing services (the "Services") to you ("you" or "Customer"). By engaging with Scriptorium's Services, you agree to comply with and be bound by these Terms. By purchasing any service from Scriptorium, you acknowledge and agree to be bound by all the terms and conditions outlined in this Agreement, including but not limited to the payment terms, late fees, default provisions, and collection costs. Your purchase constitutes your acceptance of these terms, whether or not you have signed a formal agreement. Please read them carefully.
2. Project Ownership and Rights
2.1 Ownership: Upon completion of the project, the Customer will own all rights to the custom book ("Work") created by Scriptorium, including intellectual property rights and copyright. Prior to the completion of the project, Scriptorium shall retain exclusive ownership of all intellectual property rights, including but not limited to copyrights, patents, trademarks, and trade secrets, associated with the work created or developed under this agreement. Ownership of these intellectual property rights shall transfer to the client only upon full payment of the agreed-upon price for the project. In the event of non-payment or partial payment by the client, Scriptorium retains all intellectual property rights and copyrights to the work. The client shall have no right to use, reproduce, distribute, modify, or otherwise exploit the work in any manner unless and until full payment has been received.
2.2 Publishing Rights: The Customer has the exclusive right to publish the Work with any publisher or distributor of their choice.
3. Unlimited Revision Opportunities
3.1 Revision Process: Scriptorium provides the Customer with unlimited opportunities for revisions to ensure complete satisfaction with the final Work. Revisions will be conducted in collaboration with the Customer.
3.2 Timeliness: Scriptorium is committed to working in a timely manner to address revision requests promptly, ensuring that the project progresses smoothly toward completion.
3.3 Satisfaction Guarantee: At Scriptorium, we take pride in delivering high-quality work that aligns with your vision. Our primary goal is your satisfaction with the final product. In the event that you are not completely satisfied, we encourage you to work closely with our team to explore revision options to address your concerns.
3.4 Good Faith Collaboration: We want to ensure that any concerns are addressed through a good faith collaborative process. If, after utilizing the unlimited revision opportunities as outlined in Section 3, you still find the project unsatisfactory, we are open to discussing potential resolutions.
3.5 Eligibility: A refund request will be evaluated on a case-by-case basis. To be eligible for a refund, the Customer must have demonstrated a genuine effort to collaborate and engage in the revision process. The request must be made within 30 days of starting the project.
3.6 Exclusions: Refunds will not be granted solely on the basis of a change in creative direction or personal preference that does not align with the original project scope and guidelines. Refund requests that are not in good faith and attempt to exploit the policy will not be considered.
4. Project Timeline and Completion
4.1 Project Timeline: Scriptorium and the Customer will collaborate to establish a reasonable project timeline, taking into consideration the scope and complexity of the project.
4.2 Project Completion: Scriptorium will diligently work with the Customer to complete the project within the agreed-upon timeline. Delays caused by factors beyond Scriptorium's control may impact the completion date.
5. Confidentiality
5.1 Confidentiality Terms: Scriptorium acknowledges that the information provided by the Customer, including personal and sensitive details, is confidential. Scriptorium will treat this information with the utmost confidentiality and will not share or disclose it to any third party without explicit consent from the Customer.
6. Payment
6.1 Payment Terms: All payments are due on or before the dates specified in the payment schedule. In the event of non-payment by the due date, the project will be suspended immediately, and any ongoing work will cease until payment is received. Failure to make payment by the due date will result in a late payment fee of 10% of the outstanding balance, which will be charged immediately. An additional late fee of 10% of the outstanding balance will be applied for every 30-day period that the balance remains unpaid. If payment is not made within 7 days of the due date, the project may be canceled at the sole discretion of Scriptorium. Reinstating the project may require additional fees and renegotiation of terms, with reinstatement fees set at the discretion of Scriptorium. The client will be responsible for any collection costs, including legal fees, incurred due to failure to pay in accordance with these terms. If you fail to make timely payments for any services provided under these Terms or breach any other obligations under these Terms, you will be responsible for all costs related to the collection or enforcement of these Terms. You will be in default under these Terms if any payment remains unpaid for more than 30 days after its scheduled or deferred due date, or if you fail to comply with any other terms of these Terms. No further notice of default will be required, as you waive any notice of default. Additionally, you waive the right to a jury trial for any disputes arising between you and Scriptorium. Please note that Scriptorium will not approve any additional payment plans if an outstanding balance remains due. In the event of default under these Terms, if you fail to remedy the default within 15 days of receiving notice, Scriptorium may declare the entire outstanding balance immediately due and payable. This may be enforced directly or in coordination with a third party. Scriptorium reserves the right to report any late payments to credit reporting agencies and to employ collection agencies for the recovery of outstanding balances. Scriptorium also reserves the right to cancel any services in progress and/or reclaim any products or services provided to you, as applicable. This shall be in addition to, and shall not limit, any rights Scriptorium has under these Terms. Even if services are canceled or products are repossessed, you will still be responsible for paying the remaining balance under these Terms.
7. Termination
7.1 Termination by Customer: The Customer may terminate the project at any time, subject to the payment of any outstanding fees for services rendered up to the point of termination.
7.2 Termination by Scriptorium: Scriptorium reserves the right to terminate the project if the Customer fails to comply with these Terms or if there is a breach of the agreed-upon payment terms. Additionally, Scriptorium reserves the right to cancel the project at any time and for any reason deemed appropriate, including but not limited to disrespectful behavior towards company staff or representatives. In the event of such cancellation, you will be responsible for any outstanding balances incurred up to the date of cancellation, and no refunds will be provided for any payments made.
8. Miscellaneous
8.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. By engaging in the services provided by Scriptorium LLC, you acknowledge and agree to be bound by the terms and conditions set forth in these Terms. Engagement in Scriptorium's services constitutes acceptance of all terms and conditions outlined herein.
9. Publishing Assistance
9.1 Publishing Services: Scriptorium offers to publish the Customer's book, if included in their package. We will create accounts on relevant publishing mediums and connect the Customer's bank account to receive direct payments from the publishing medium.
10. Referral Program Terms and Conditions
10.1 Program Overview: Scriptorium introduces a Referral Program, offering rewards for referrals leading to new clients purchasing Business & Company Book or Biography & Personal Story packages.
10.2 Reward Eligibility: Referrals resulting in new clients who pay upfront for any of the packages qualify for a reward worth 10% of the package's total value.
10.3 Referral Definition: A qualifying referral is a new client who purchases a Business & Company Book or Biography & Personal Story packages on an upfront payment basis due to the referral.
10.4 Reward Distribution: Rewards are issued within 90 days after confirmation of the referred client's upfront payment, either as a reduced balance or cash payment.
10.5 Referral Tracking: Precise information about the referred client must be provided for accurate tracking.
10.6 No Referral Limits: There is no cap on the number of referrals and each eligible referral will receive a separate reward.
10.7 Exclusions: Scriptorium employees and immediate family members cannot participate in the referral program.
10.8 Program Modification: Scriptorium reserves the right to modify or terminate the referral program at any time, with earned rewards being honored.
10.9 Dispute Resolution: Contact your Project Manager for any disputes or concerns related to the referral program.
10.10 Terms: Participation in the referral program implies agreement to these terms and conditions.
11. Rights Retention
11.1 Retention of Rights: Scriptorium retains full ownership of all rights, including but not limited to intellectual property rights and copyrights, to the book and all associated materials until the Customer has paid the full price of the package as agreed upon in the terms of this agreement. Until payment is made in full, the Customer shall have no rights to use, publish, distribute, reproduce, modify, or otherwise exploit the book or any associated materials in any manner.
12. Content Collection and Deadlines
12.1 Collection Process: Content for the story, whether obtained via interview, recording submission, or through the portal, must be completed within 90 calendar days from the start of the project.
12.2 Release of Manuscript: Until all fees are paid, Scriptorium is unable to release the manuscript for review, revisions, or publishing.
13. Marketing for Applicable Packages
13.1 The parties acknowledge that these Terms do not guarantee a specific number of book sales during the marketing campaigns.
13.2 Scriptorium LLC guarantees that the Author's book will show marketing results on Amazon during the agreed-upon campaigns. Scriptorium commits to achieving marketing results for the book it publishes under a marketing agreement.
13.3. Pricing Requirements:
13.4 The Author agrees to maintain the designated price point for their ebook as established by Scriptorium throughout the entire duration of the marketing campaign.
13.5. Launch Fee:
13.6 The launch fee covers the cost of promotional activities, marketing strategies, and other services aimed at achieving marketing results.
13.7. Rights and Obligations:
13.8.0 Scriptorium LLC retains the right to utilize various marketing and promotional strategies to enhance book visibility and sales. Scriptorium retains the right to select the category in which the book will be published on Amazon. This selection will be based on Scriptorium's assessment of the most appropriate and beneficial category for the book, ensuring optimal visibility and alignment with the content.
13.8.1 The Author agrees to cooperate with Scriptorium LLC and provide necessary materials and information to facilitate the marketing campaign.
14. Web Hosting Costs
14.1 Hosting Costs: Customers who purchase the relevant packages must assume the cost of web hosting for the domain associated with their book.
14.2 Cost Details: This cost is generally only a few dollars a month, but will remain a charge as long as the website is online.
By engaging with Scriptorium's Services, you acknowledge that you have read, understood, and agreed to these Terms of Service. Scriptorium reserves the right to amend or modify these terms and conditions at any time. By continuing to use Scriptorium's services after any amendments are made, you automatically accept and agree to be bound by the revised terms without requiring further notice. It is your responsibility to periodically review the terms for any updates or changes. If you have any questions or concerns, please contact your account manager. Any dispute, claim, or controversy arising out of or in connection with these Terms, including but not limited to its formation, performance, or termination, shall be resolved through binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) then in effect. The arbitration shall take place in Wyoming. The arbitrator’s decision shall be final and binding upon the parties, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. By agreeing to these Terms, you forfeit your right to handle any disputes in a court of law. These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. By engaging in the services provided by Scriptorium LLC, you acknowledge and agree to be bound by the terms and conditions set forth in these Terms. Engagement in Scriptorium's services constitutes acceptance of all terms and conditions outlined herein.
Thank you for choosing Scriptorium for your custom book writing and publishing needs. We look forward to collaborating with you to bring your unique narrative to life.