Terms of Service
Agreement Between User (You) and eBook Engineers (We)
What We Provide
eBook Engineers provides individuals and publishers a Service of converting existing books and new books into eBooks. We provide ”Services” such as eBook formatting, layout design, consulting and photo editing. Our specific Services can be found at ebookengineers.net. Other specific Services may be provided with consultation.
eBook Submission and Formatting
All the content materials you provide and submit to eBook Engineers is considered as the “Work.” This Work includes, but is not limited to, manuscript, illustrations, photographs, metadata, sounds, videos, title, cover and other related materials. You or other legally held copyright holder(s) retain all rights (including copyright) to the Work.
You agree to submit the Work in the format as outlined by eBook Engineers on this website and any formatting guides we supply to you. Your submitted materials must be complete and in its FINAL form. You understand that there are limitations to the programming code, eBook reading software and electronic devices and you grant the rights for eBook Engineers to temporarily upload your book to the stores for test purposes only. You further grant us rights to crop/resize illustrations, adjust the fonts and sound track and make any other necessary adjustments to comply to eBook standards, fit template designs or formatting requirements of third party software.
We provide you an eBook that has been successfully validated against industry standards set by IDPF. All eBooks must pass these standards in order to be uploaded to third party eBook companies.
Fixed Layout eBooks
You understand that eBook Engineers will format your final eBook for the iPad and Kindle. We test the eBook using the major reading devices offered by Apple and Amazon – iPad, Kindle Fire, Kindle Fire HD and Kindle for iPad. You acknowledge that fixed layout books have very specific formatting requirements and your eBook may or may not work on untested devices or with future third party updates.
Free Flowing eBooks
You understand that eBook Engineers will format your final eBook according to IDPF ePub standards. We test the eBook using several major reading devices – iPad, Kindle Fire, Kindle Fire HD, Kindle for iPad, Nook Color and Adobe Digital Editions. You acknowledge that free flowing layout books have very specific formatting requirements and your eBook may or may not work on untested devices or with future third party updates.
Print to eBook
By submitting the Work to eBook Engineers, you grant eBook Engineers the rights and license to review the Work for the purpose of supplying you a quote. You can accept or reject the quote. The ownership of the materials and copyright remains with you or other legally held copyright holder(s) to all Work you submit for review.
eBook Engineers can provide extra Services at your request. The fees for these Services are listed on our website. If any other Services are requested, they will be negotiated on an individual basis.
You acknowledge and accept that the services, website, templates, formatting packages and formatting code is proprietary and copyrighted to eBook Engineers. We acknowledge and accept that the Work is proprietary to you. The copyright in the Work belongs to you or other legally held copyright holder(s). You agree that you are solely responsible for copyright registration and copyright notices of your Work. You are also responsible for obtaining proper licenses to use other third party materials that don’t belong to you. eBook Engineers does not distribute your book as a publisher so you receive 100% of all the royalty payments from third party eBook companies.
You represent and warrant that you have the right and authority to enter into this agreement and to grant the rights granted herein and shall not infringe upon the rights of any third party. You further warrant that if you are republishing a previously published work(s) that you have obtained complete reversion rights to the manuscript, illustrations, design and all other materials in that work. You agree to indemnify eBook Engineers and its agents of all claims by third parties regarding your rights, ownership of, copyrights to, and authority to enter into agreements for the use of materials in the Works.
You acknowledge and agree that all software coding, including without limitation, HTML coding, templates and all other programming in the eBooks and our website is owned by eBook Engineers and other third party services. These are protected by intellectual property laws, international treaties and copyright laws. Any unauthorized uses of any kind is prohibited and may result in civil, copyright infringements or criminal penalties.
You are responsible for all content delivered to eBook Engineers. We reserve the right not to provide services to materials we know to be plagiarized, stolen, may cause injury to others, violates the law, advocates illegal activities, contains pornographic materials, condones violence or racism.
If you are not completely satisfied with the final book version, let eBook Engineers know within 60 days of delivery of the final eBook and we will fix any errors we made. You will provide eBook Engineers the opportunity to fix the problem(s). If we cannot fix the problem(s) we will issue a full refund within 21 days. Please upload your book to the eBook Stores before the 60 day period has passed. If you want changes or other corrections after delivery of the final ePub books, we will provide you a quote to make the change(s).
You may cancel your project at any time. Any deposits paid by you are non-refundable. You will be responsible for additional fees for any work already completed to date. The fees for the Services provided will never be more than the quoted or invoiced amount.
Representations of Agreement
The warranty and representations made in this agreement are made by you, your licensees, assigns and successors. You agree if you upload any materials to us that do not conform to this agreement, this could result in termination of the service. You accept and acknowledge that any deposits or payments made will be forfeited if we started work on the project.
You also warrant and represent that your delivered material does not violate the contract and does not contain hyperlinks to marketing pages or advocates how to make money on the internet. You will not provide hyperlinks to third parties that compete with the publication of your eBook (i.e. have links to Amazon on your iTunes eBook). The eBook publishers may reject your book if you do so.
You acknowledge and accept that eBook Engineers may contain links to other websites. Third party websites are not under control of our company and we are not responsible for the content of the linked websites. We are also not responsible for changes or updates to third party websites and our website links do not indicate we endorse or guarantee the information or results of using these websites or services. We provide these links in order to help you with the publication of your Work.
You are completely and solely responsible for following the Amazon and Apple Author/Publisher guides in regards to the content/files you provide to eBook Engineers. You understand and agree that eBook Engineers has no further responsibility to your eBook after 60 days of delivery of your final book. See our Guarantee/Cancellation/Refund Policy.
You acknowledge and accept that any information or advice we provide should not be accepted as legal advice.
eBook Engineers requires the payment of a non-refundable deposit before we start your eBook. Final payment is due prior to delivery of the final eBook files. The final payment will include the balance due on the project – including requested revisions, consulting fees and extra services. All fees are payable in US dollars either by Paypal, credit card via Paypal, prior approved US company checks or prior approved company wire transfers. You will be responsible for wire transfer fees.
If payment is more than thirty (30 days) past due, interest may be charged on the unpaid balance at the lower of (a) an additional 1.5% on the balance every thirty (30 days) or (b) the maximum allowed by law.
You agree to pay all costs incurred by collecting the balance due – including legal fees and collection costs incurred by eBook Engineers. You are responsible for paying all applicable taxes for contents, goods and services.
Indemnification and Disclaims of eBook Engineers
You agree to indemnify and hold eBook Engineers, its parent LLC, its officers, employees, agents and subcontractors harmless from all claims, demands, damages, expenses, liabilities and attorney’s fees including, but not limited to:
- using our Website or Formatting Packages
- using any links we provided to third parties
- not following the Terms of Service (Terms and Conditions)
- the Work you provide to us, including third party materials (i.e. photos, sounds, etc.)
- violation of applicable laws
Disclaimer of Warranties and Liability
You acknowledge and agree that by using the eBook Engineers website, software, postings, emails or transmitted content, you are using it at your own risk and we offer no warranties or representations as to its operation, content, lack of content, products, materials or errors. In addition, the services are provided “as is and as available” and we accept no responsibility for personal injury, property damage, interrupted service, damages for loss of data or profits, or bugs/viruses/malware that could be transmitted through our software or website.
We do not guarantee, warrant or endorse any responsibility for the website, postings, emails, services, products, software, advertising, resources, transmitted services, third parties sited on our website or third parties linked from eBook Engineer’s website. We are not responsible for any transactions between you and third parties that may have been listed on our website or linked from eBook Engineers. eBook Engineers disclaim all conditions and warranties regarding services, software, implied warranties of merchantability or fitness of a particular purpose, title and non-infringement.
In no event should eBook Engineers, employees or agents be liable for direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of data/profits arising out of or in any way connected with use or performance of the website or our related Services, or failure to provide Services, information, software or other arising out of the use of this site – whether based on contract, tort, negligence, strict liability or otherwise and whether you have been advised of the possibility of these damages. The foregoing limitation of liability should be to the fullest amount permitted by law in the applicable jurisdiction. You agree and acknowledge that in no event will we be liable to more than the amounts collected by eBook Engineers for the Work.
These Terms of Service, granted hereunder, may not be transferred or assigned by you to other parties. This agreement constitutes the entire agreement between you and eBook Engineers with respect to this website and its Services. This agreement supersedes all previous communications and proposals, whether written or oral, between you and eBook Engineers. If any provision in this Terms of Service is deemed invalid by a court, the invalidity of such provision shall not affect the validity of the remaining Terms of Service provisions. Any Terms of Service provided in electronic form shall be admissible in administrative/judicial proceedings based to the same extent and subject to the same conditions as other documents generated and maintained in printed form.
eBook Engineers reserves the right to change, cancel, amend or modify any service, product, information, content or product without notice to you. We further shall have no liability to any third party should we modify or discontinue our services. Your continued use of this website or other materials delivered to you following review or acceptance of these Terms of Service will signify your acceptance of the revised terms.
Any dispute arising out of matters connected with this agreement will be decided by the courts of the State of Maine or the Federal Courts venued in Maine.