Terms and Conditions of Service
This agreement governs all services provided by Author’s Pulse (referred to as “Company,” “we,” “us,” or “our”) to you (referred to as “Client” or “you”). By engaging the Company for any service, you agree to these terms.
1. Scope of Services
1.1 Project Agreement
All work, including ghostwriting, book editing, cover design, or marketing, will be detailed in a separate written proposal or Statement of Work (SOW). The SOW will specify the deliverables, word count, deadlines, and cost. These Terms and Conditions apply to all services listed in the SOW.
1.2 Revisions and Scope Changes
- Included Revisions: The SOW will specify the number of included revision rounds for each service (e.g., two rounds for a ghostwritten manuscript). Revisions outside this number may result in additional charges.
- Scope Creep: Any request by the Client that substantially changes the core nature, word count, or timeline of the work defined in the original SOW will be considered a new request and subject to a revised SOW and cost.
2. Payments and Financial Terms
2.1 Fee Structure
All fees are quoted as a flat project fee, unless otherwise specified in the SOW. Payment will be made by the Client in installments tied to specific project milestones (e.g., outline approval, first draft completion).
2.2 Deposits and Refunds
- Deposit: A non-refundable initial deposit (typically 30-50% of the total fee) is required to secure the Company’s time and commence work.
Refunds: All refund requests will be fulfilled as per the following arrangement:
- Pre-Delivery: If a request for a refund is made before the initial order delivery, you are eligible for a Full Refund (less a 10% service and processing fee).
- Within 48 Hours: If a request for a refund is made within 48 hours of the initial design delivery, you are eligible for a 66% refund (less a 10% service and processing fee).
- Between 48 to 100 Hours: If a request for a refund is made between 48 and 100 hours of the initial design delivery, you are eligible for a 33% refund (less a 10% service and processing fee).
- After 100 Hours: No refund requests will be entertained after 100 hours of your initial design delivery. We believe in 100% customer satisfaction, so you are encouraged to contact us with any concerns.
All refund requests must be communicated directly to the support department. Authors Pulse, based on violations of the user agreement, reserves the right to approve or disapprove your request on an individual case to case basis.
2.3 Delays
If the Client causes a project delay (e.g., late feedback, missing source material) that exceeds 30 days, the Company reserves the right to pause work and adjust the final deadline accordingly.
3. Intellectual Property and Ownership
3.1 Ghostwriting and IP Transfer
- Client Ownership: For all ghostwriting and book editing services, the Company agrees that the final, completed work is considered a “work made for hire.” Upon receipt of final payment, all worldwide rights, title, and interest in the resulting literary work (manuscript) are assigned and irrevocably transferred to the Client.
- No Royalties: The Company and its contractors (ghostwriters, editors) retain no right to any future royalties or residuals from the sale or adaptation of the final work.
3.2 Design and Marketing Materials
- Licensing: For services like Book Cover Design, Book Illustrations, and Author Website Design, the Company grants the Client a worldwide, perpetual, and exclusive license to use, reproduce, and display the final deliverables for the purpose of selling and promoting the book.
- Working Files: The Company retains copyright ownership of the working files and native design concepts used to create the final deliverables. Release of these working files may incur an additional fee.
4. Confidentiality and Collaboration
4.1 Confidentiality
The Company and its personnel agree to treat all information shared by the Client—including personal stories, business data, and the existence of the ghostwriting relationship—as strictly confidential. This obligation remains in effect even after the termination or completion of this agreement.
4.2 Non-Disclosure Agreement (NDA)
A separate, formalized NDA will be signed upon project commencement for any ghostwriting or sensitive editorial project.
4.3 Client Warranties
The Client warrants that any material or content provided to the Company (e.g., research, notes, images) is either owned by the Client or licensed for use and does not infringe upon any third party’s copyrights, trademark rights, or proprietary rights. The Client agrees to indemnify the Company against any claim arising from the use of content supplied by the Client.
4.4 Pseudonym Policy
We hold a policy of using the pseudonym to ensure the following:
With a view to avoid undue confusion and hassle at our customers’ end when they are assigned a new account manager, we use pseudonyms; it helps our customers remain connected with a single point of contact and remember their name comfortably.
5. Termination and Dispute Resolution
5.1 Termination
Either party may terminate the agreement with written notice if the other party breaches any material term of this agreement. Upon termination by the Client without cause, the Client must pay for all work completed up to the date of notice.
5.2 Dispute Resolution
Any dispute or claim arising under this agreement will first be addressed through good faith negotiation. If negotiation fails, the parties agree to pursue mediation before resorting to formal legal action.
6. Client Responsibilities and Content Accuracy
This section protects you from legal liability regarding the content itself, which is vital since you are editing and marketing the author’s work.
6.1 Accuracy and Fact-Checking
While the Company ensures the work is grammatically and structurally sound (editing/ghostwriting), the Client remains solely responsible for the accuracy of all facts, figures, statements, and claims provided or approved for inclusion in the manuscript or marketing copy. The Client agrees to indemnify the Company against any liability arising from factual errors, plagiarism, or defamatory content supplied by the Client.
6.2 Timely Feedback
The Client must provide feedback and requested source materials by the deadlines set forth in the SOW. Failure to do so may result in project delays, and the final delivery date will be adjusted accordingly, possibly incurring a restart fee if the delay is substantial.
7. Limitation of Liability and Guarantees
This standard clause protects your business financially by limiting the amount of damages you could be responsible for and clarifying that you cannot promise sales results.
7.1 No Guarantee of Sales
The Company cannot, and does not, guarantee book sales, ranking positions, acceptance by traditional publishers, or income generation from any service, including Book Marketing or Publishing Assistance. Our services are advisory and creative; market success is subject to many external factors beyond our control.
7.2 Limitation of Damages
In no event shall the Company be liable to the Client for any indirect, punitive, or consequential damages (including loss of potential profits). Regardless of the nature of the claim, the total liability of the Company to the Client for any breach of this agreement shall be limited to the total amount paid by the Client to the Company for the specific service from which the liability arose.
