Terms & Conditions

Relevant Parties:       

  • Mint Associates Ltd t/a ebookpartnership.com referred to as “Mint”
  • The Author/Publisher/Agent referred to as “The Client”

eBook Conversion

1. Copyright & Publishing Rights

1.1 The Client confirms that it owns all rights in and to any files submitted for conversion and any associated content, including but not limited to images and artwork, and, where those rights originate with a third party, such rights have been assigned and/or licensed to the Client.
1.2 Nothing in this agreement shall be deemed to assign or licence to Mint any rights in or to the books, other than as necessary to fulfil its obligations hereunder and any such rights shall immediately revert to the Client upon termination in any event.
1.3 The converted eBook files are the property of the Client once full payment of the agreed project cost has been made.

2. Content Provision

2.1 The Client will provide the manuscript to Mint in an agreed format.
2.2 The Client is responsible for ensuring that the manuscript and associated content are error free and accurate.
2.3 Post-distribution updates to eBooks will incur a fee and a re-publishing charge where appropriate. See www.ebookpartnership.com for latest charges.

3. Metadata Provision

3.1 The Client will supply complete book metadata in an agreed format for each book submitted.
3.2 The Client is responsible for checking the accuracy of the metadata supplied.

4. Digital Rights Management (DRM)

4.1 The eBook files that Mint produce do not contain embedded DRM technology, although the files are suitable for DRM to be added by third-party retailers where appropriate.

5. Service Levels

5.1 Mint will provide its services and obligations pursuant to this Agreement, and as may be reasonably requested by the Client from time to time, with reasonable skill and care and in accordance with the best industry practice.

6. Fees Payable

6.1 The Client will pay Mint an agreed project fee per title payable in line with the terms agreed.

7.  Termination of this Agreement

7.1 Either party can terminate this Agreement at any time.
7.2 Notwithstanding any term herein, upon termination of the Agreement, all rights granted pursuant to this Agreement shall revert to the Publisher immediately.
7.3 If the Agreement is terminated at the request of the Client, Mint will determine whether a refund is appropriate based on the progress of the project.
7.4 If the Agreement is terminated at the request of Mint, any project fees paid will be refunded.
7.5 If either party believes that the other is in material breach of this Agreement, that party may give written notice to the other that this Agreement may be terminated if the breach is not remedied within 30 days.
7.6 If Mint are purchased by a third party, or go into liquidation or receivership, the Author(s)/Publisher may terminate this Agreement by immediate written notice.

 

eBook Distribution

8. Copyright & Publishing Rights

8.1 The Client confirms that it owns all rights in and to any book submitted for distribution and any associated content, including but not limited to images and artwork, and, where those rights originate with a third party, such rights have been assigned and/or licensed to the Client.
8.2 The Client grant Mint the non exclusive right to distribute and sell the electronic version of any books submitted on behalf of the Client via specific Retailers as agreed from time to time between Mint and the Client.
8.3 Nothing in this agreement shall be deemed to assign or licence to Mint any rights in or to the books, other than as necessary to fulfil its obligations hereunder and any such rights shall immediately revert to the Client upon termination in any event.

9. Retail Pricing

9.1 The Client will specify the Recommended Retail Price (RRP) of the book with the understanding that specific Retailers can increase or decrease the price without approval of the Client or Mint.
9.2 Retailers may discount or ‘price-match’ other Retailers without approval by the Client or Mint. For details of Retailer discounting policies please see www.ebookpartnership.com
9.3 Mint do not guarantee that the recommended price set by the Client will be the sales price used by Retailers, and accept no responsibility for any perceived loss of earnings due to Retailers selling the books at a price different to the specified RRP.

10. ISBN

10.1 The Client is responsible for ensuring that each version of a book has a unique ISBN. For example the ISBN for the eBook version must be different to the ISBN for the print version.
10.2 If required, Mint will allocate a unique ISBN to the eBook and register the title with Nielsen (the UK ISBN Agency). The ISBN record will show ‘eBookPartnership.com’ as the Imprint/Publisher.
10.3 If required, Mint will organise a unique ISBN to the print version via CreateSpace. The ISBN record will show ‘CreateSpace Independent
Publishing Platform’ as the Imprint/Publisher.
10.4 ISBN numbers are non-transferable, but if at any time the Client wishes to stop using the eBook ISBN allocated by Mint, Mint will notify Nielsen that the specific ISBN record is ‘Out of print’.

11. eBook File Provision

11.1 Any eBook files supplied to Mint by the Client will be regarded as approved and ready for distribution.

12. Print File Provision

12.1 Any print files supplied to Mint by the Client will be regarded as approved and ready for distribution.

13. Meta Data Provision

13.1 The Client will supply complete book metadata in an agreed format for each book submitted.
13.2 The Client is responsible for checking the accuracy of the metadata supplied.
13.3 Mint is responsible for ensuring that the metadata provided by the Client is delivered to the Retailers in the correct format.

14. Digital Rights Management (DRM)

14.1 Mint will request that DRM copy-protection technology is applied to the eBook where available (provided by the Retailer) if the Client requests it. Some Retailers may not offer a choice as to whether DRM is or is not added by them.

15. Submission to Retailers/Distributors

15.1 Mint do not guarantee that, once submitted, a book will be approved and listed by a Retailer.
15.2 Retailers may add to or remove sales channels from their network, and list or remove submitted titles by default without any notification to the Client.

16. Royalty Payments and Sales Reports

16.1 Mint will notify the Client in any changes to the royalty rates offered by sales channels in the Mint distribution network. See www.ebookpartnership.com for latest royalty rates.
16.2 Mint will pay the Client the total net revenue (sales price less sales tax, less retailer commission/fees) generated by sales of their book through the Mint distribution network. Mint do not charge any commission on the Client royalties unless this has been specifically agreed with the Client.
16.3 Payment will be made to the Client by Mint at agreed intervals for payments received from the Mint distribution network, assuming the royalties due for payment exceed an agreed minimum payment amount. If royalties do not exceed the agreed threshold, the amount due will carry on to the following period.
16.4 Mint will provide the Client with access to an online sales reporting and royalty summary system.
16.5 Payment will be made to the Client electronically via electronic funds transfer or PayPal.
16.6 Any direct banking fees incurred in the transfer of royalties will be the responsibility of the Client.

17. Service Levels

17.1 Mint will provide its services and obligations pursuant to this Agreement, and as may be reasonably requested by the Client from time to time, with reasonable skill and care and in accordance with the best industry practice.

18. Fees Payable

18.1 If the Client has a recurring payment arrangement with Mint, they will pay Mint an agreed annual or monthly fee, payable in advance for the duration of this agreement.
18.2 If the Client has paid a one-off distribution fee there will be no recurring payments.
18.3 If the recurring payment from the Client is not received by the due date indicated on the invoice, Mint reserve the right to allocate unpaid royalties to settle the outstanding invoice(s) or de-list the title from our distribution network. Please note that whilst a Client’s account is overdue Mint will not forward any royalties due to them.

19. Refund of Distribution Fees

19.1 Distribution fees are non-refundable. The only exception is when Mint have not started the distribution process (i.e. sent files or metadata to the distribution network).

20. Termination of this Agreement

20.1 The initial term of this Agreement shall be twelve months from the issue of the first invoice. Thereafter it shall renew automatically on an annual basis.
20.2 Either party can terminate this Agreement at any time by providing 30 days advance notice.
20.3 Upon termination, Mint will provide full payment of royalties due up to time of termination of Agreement.
20.4 Notwithstanding any term herein, upon termination of the Agreement, all distribution rights granted pursuant to this Agreement shall revert to the Publisher immediately.
20.5 If the Agreement is terminated at the request of the Client, any distribution fees paid will not be refunded.
20.6 If the Agreement is terminated at the request of Mint, any annual fees paid will be refunded on a pro-rata basis.
20.7 If either party believes that the other is in material breach of this Agreement, that party may give written notice to the other that this Agreement may be terminated if the breach is not remedied within 30 days.
20.8 If Mint are purchased by a third party, or go into liquidation or receivership, the Author(s)/Publisher may terminate this Agreement by immediate written notice.

Mint Associates Ltd is registered in England and Wales (company registration number 07315885, VAT registration number 998361654), whose registered office is at Newhaven Enterprise Centre, Denton Island, Newhaven, East Sussex, BN9 9BA. Accordingly, these terms and conditions shall be subject to English law and the parties to any dispute or action hereby submit to the exclusive jurisdiction of the English courts. If any provision of these Terms and Conditions is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions shall be enforceable to the fullest extent permitted by Governing Law.

  • END.  Last updated November 2016.