This is a Publishing Agreement and is between Dandylionpublishing.co.uk ("Publisher") and the author ("Author"), who should both sign this agreement and whose details should be clearly signified and depicted at the end of this contract. This Agreement is read, revised and signed in relation to any version of any book or writing ("Work") submitted to Dandylion Publishing by the Author for their consideration and publication on the website www.dandylionpublishing.co.uk, so long as publication of the Work has been requested by the Author in writing and accepted by the Publisher in writing.
2. License to Publish
The Author grants the Publisher none exclusive, worldwide license to publish the Work submitted on the website www.dandylionoublishing.co.uk. The Author retains sole worldwide copyright and ownership of all Work submitted, including all moral rights to the work in all formats and editions.
If Dandylionpublishing.co.uk cannot meet the needs of the Author in terms of mass print and hardcopy publishing, the Author retains the right to seek alternative publishing in an non-digital capacity, but must inform the Publisher of any plans to enter into separate publishing agreements before documentation and paperwork is signed with the aforementioned alternative publishing. On signing this agreement the Author agrees that written consent must be attained from a Director of Dandylion Publishing before the Author can enter into any other agreement with any other publisher that relates to publishing their work. The Publisher agrees that they will not unreasonably withhold permissions from the Author. The Publisher reserves the right to grant permissions in exchange for an agreed monetary value or royalties gained thereafter as a result of the alternative publishing agreement.
The Author grants the Publisher the right to publish Work submitted on the website www.dandylionpublishing.co.uk and gives permission for excerpts of their work to be used on social media sites Facebook, Twitter, Linkedin, Instagram and Pinterest for the purposes of publicity. The Publisher agrees that excerpts will not extend a five hundred-word limit and that the content will not publicise any major plots or twists in the story that may ruin the experience for those already reading or contemplating reading the Work.
5. Author Rights of Cancellation
If the Author chooses to use the services of the Publisher provided in the Austin Package or Fitzgerald Package, takes part in all activities and services compliant with those packages, and then decides not to publish their work, the Author must pay the Publisher £100, plus £25 for every hour spent on their Work in accordance with the requirements of those packages. If the Author chooses to use the services of the Publisher provided in the Austin Package or Fitzgerald Package, the Author is required to publish their work on the website www.dandylionpublishing.co.uk for a minimum term of six months and, for the duration of that period, must continue to conduct themselves in compliance with this agreement. If the Author chooses to use the services of the Publisher provided in the Austin Package or Fitzgerald Package and would like to terminate the agreement before their Work has been for sale on the website www.dandylionpublishing.co.uk for the required six month period, the Author must pay the Publisher £100 plus £25 for each hour spent on their work in compliance with those packages, unless the Publisher is in violation of the agreement in any way. Details of the packages available can be found on www.dandylionpublishing.co.uk, or in section 18 of this agreement.
6. Author Warranties
In signing this agreement the Author certifies and warrants to the Publishers; that you and any co-creator(s) are the only and sole creators of the manuscript; that all statements in the manuscript asserted as facts are true or based upon reasonable research for accuracy; that the manuscript is original, and no part was taken from or based upon any other protected literary, dramatic or musical material, motion picture or any other work produced or owned by a third party person; that the manuscript does not infringe any copyright, trademark or other rights of any other person or entity; that the manuscript contains no libel, nor violates any rights of privacy, or of publicity, nor is contrary to law in any way; that the title of the manuscript may be legally used fully as provided in this Agreement; that you and any co-creator(s) have full power to enter into this Agreement and make the grants of rights of this Agreement; that the Author owns the work exclusively and has the legal authority to enter into this agreement solely and authorise Dandylion Publishing to publish this work on the internet; that this agreement does not breach the terms and conditions of any other agreement, contract or understanding between the Author and any other persons, business or entity; The Author agrees not to enter any agreement with any person, firm or entity that would interfere with, damage or conflict with the rights given to the Author through Dandylion Publishing without terminating this existing agreement under the terms and conditions and; The Author confirms that the Work supplied is not insulting, defamatory, obscene or illegal in nature, and confirms that the Work and material contained within it will not injure any user, reader or other person. The Publisher reserves the right to cancel the sale of any publication without recompense and with immediate affect if they believe that any of the terms and conditions listed in section five of this agreement are infringed.
You and any co-creator(s) will, jointly and severally, defend, indemnify and hold harmless, and pay and reimburse, Dandylion Publishing and its directors, officers, employees, shareholders, affiliates, agents, representatives, successors, licensees, and assigns, from and against any claims, actions, proceedings, losses, damages, or expenses (including attorneys’ fees and costs) resulting from or arising out of (a) any breach of your or any co-creator(s)’s representations, warranties or obligations under this Agreement or (b) any infringement, violation or misappropriation of any third party intellectual property, privacy, publicity or other right due to the manuscript, the Work. In the event of a claim, Dandylion Publishing may, in its sole discretion, withhold payments, if any, due under this or any other agreement between the parties. If any such claim is asserted, (a) Dandylion Publishing will have the right to defend the same through counsel of its choosing and to settle in its sole discretion and (b) you will fully cooperate in such defence or settlement. If the author becomes aware of any matter relating to this clause or any claim made against the Author, the Work or the Publisher, they shall give full notice (such notice to contain full details and particulars) to the Publisher.
8. Copyright Infringement
If the Author’s copyright is infringed, the Publisher has permission to take legal action to restrain infringement and seek damages at their own expense. The Publisher does not guarantee legal action and is not responsible for or required to take such action. Provided that the Publisher does not commence action the Author may proceed with legal action for copyright infringement by other parties by the Author’s own choice and at the Author’s own expense. In this circumstance, the Author is solely entitled to any expenses, costs or proceeds recovered from such legal action. If the Author and the Publishers agree to mutually participate in legal action, the expenses and legal costs will be mutually paid and equally shared.
The Author agrees that the Publisher has permission to use their name and likeness to promote their writing and to promote the name of Dandylion Publishing generally. The Publisher also has the right to use book excerpts, quotes, reviews, cover images and other related material, as long as that content is used with the purpose of promoting the Author’s Work, promoting the website, publicising Dandylion Publishing or publicising the Author. In signing this agreement the Author agrees that Dandylion Publishing have permission to publish the first three chapters of the Work on the website and that users can read this content free of charge. The Publisher also has permission to display designated book covers and a profile of the author on the website dandylionpublishing.co.uk. Book covers and profiles will be supplied by author and approved by the Publisher. There is no agreement on the part of the Publisher to engage in fund promotion or marketing expressed or implied by this contract.
Dandylion Publishing generally promotes the works it publishes through its own newsletters, application and platform, common social media channels (such as Twitter and Facebook), and other ways eBooks may be promoted typically on the Internet. Dandylion Publishing shall be deemed to have performed any marketing obligations to the extent the Work is availed or promoted in a similar manner to other Dandylion Publishing publications of comparable quality, style, story appeal, and potential and actual customer-base. You and any co-creator(s) agree to make yourself/-ves reasonably available from time to time, whether in person or through online media, to promote and market the Work or, upon Dandylion Publishing’s reasonable request from time to time, Dandylion Publishing or the products and services provided by Dandylion Publishing.
10. Timelines to Publish Book
The time it takes to publish the Work of the Author on the website depends on the package selected and the amount of editing required. The Publisher agrees to strive to have the Work present for sale on the website within ten weeks, but reserves the right to extend this period as required. The Publisher agrees to keep the Author informed of all progress relating to timelines for publication.
11. Author Royalties
The retail price of the book can be no more or no less than £2. Depending on the package chosen, the author will receive either 50%, 65% or 75% of the total revenue earned from each download of their book. Packages will be mutually agreed between the Author and the Publisher and relevant documentation will be signed. This agreement is a Master Services Agreement and will be signed on acceptance of the Author’s work for publication. The Publisher agrees to provide Author full details of their royalty calculations.
12. Royalty Payment Periods
The Publisher will pay royalties to the Authors on the last working day of each month. Funds will be transferred from the Dandylion Publishing Paypal account into the Paypal account of the Author. The Publisher will also provide the Author with a full report of downloads and monies earned for the Author’s Work/s. By signing this agreement, the Author agrees to research and pay any taxes owing from profits made through the selling of their work. The Author agrees to indemnify the Publisher for any consequences resulting from not correctly declaring monies earned to HMRC, or the governing taxing body of whichever country within which you are a resident.
The Author may request a sales audit at any time. Should the sales audit prove the Publisher’s figures are accurate, Author will bear the cost of a reasonable auditing fee. Should the sales audit prove the Publisher’s figures are inaccurate, the Publisher will bear the cost of a reasonable auditing fee and promptly pay the Author the correct amount of royalties due, per the auditor’s findings.
13. Author Proofs
The Publisher will prepare, and agrees to submit, an electronic proof of the manuscript and its cover to the Author and offer the Author fourteen days to fully check and correct any mistakes. The Publisher does not accept any liability for mistakes printed on the website and such mistakes will not be compensated. The Author takes full responsibility for the final proof read of the document before it is published online. The book must be signed off for release by the Author within the fourteen day period. Any errors once the release is approved by the Author are then the responsibility of the Author. Should the Author discover changes they would like to make to their Work after publication, the Author must pay £100 plus £25 per hour for extra work. The Publisher promises not to charge unreasonable costs for such work. The Publisher may make reasonable changes, additions, deletions or condensations to the Work with the express written consent of the Author.
14. Publisher Refunds
If the Publisher has edited or restructured the Work of the author, participated in creative writing consultations with the Author, or completed bespoke writing services and correctional work in compliance with the Austin Package or the Fitzgerald Package, and then the Author chooses not to publish their work, the Author agrees to pay £100 plus £25 for every hour spent editing the Work submitted.
15. Information Provided by Publisher
All details provided by the Publisher in relation to promotion, selling of Work, or any aspect of the process and advice given are strictly confidential and must not be disclosed to any third-party in case of any unauthorised third-party use. Press releases constructed and distributed by the Publisher or images taken on behalf of the Author by the Publisher must not be given to any third-party for their use, even if that use is to publicise the work, without the prior written consent of the Publisher. All publicity material is Copyrighted to the Publisher and must not be distributed by any third party or the Author, without the written consent of the Publisher.
16. Publisher Transferal or Bankruptcy
The Author understands that the Publisher may at any time sell the business and that all current contracts and licenses would be transferred to the new owner. The Publisher reserves the unilateral right to reassign the Author’s Work to the new owner. If the Publisher liquidates its business or is legally judged bankrupt, this agreement shall be terminated immediately. The Publisher will only be responsible for any unpaid royalties due to the Author as of the day of termination. The Author agrees not to pursue payment from the Publisher should the business be sold or liquidated for damages or loss of earnings.
17. Publishing Submissions
Works submitted for the purpose of publishing are submitted electronically to the web site by email.
The Publisher will apply their best efforts to produce eBooks in a manner which reflects state-of-the-art industry standards, as these standards evolve.
18. Submission Payments
The fee for publishing and related services shall be the current fees listed on the publishing section of the website as found at:
On the date of signing this agreement those figures were listed as below. Dickens Package – Proof reading and minor editing – 25% of royalties.
Austin Package – Proof reading and minor editing, editing and restructuring, constructive creative and writing consultations with Dandylion Publishing editor – 35% of royalties.
Fitzgerald Package - Proof reading and minor editing, editing and restructuring, constructive creative and writing consultations with Dandylion Publishing editor, bespoke writing advice and correctional work to the Authors Work by a Dandylion Publishing Editor – 50% of royalties.
The Publisher reserved the right to change the prices from time to time.
Because Dandylion Publishing offers quality checked Work to its readers, the Publisher will not publish content without proof reading and minor editing. This means that you must accept at least the Dickens Package before the Publisher will publish your Work. Should the Author choose the Austin Package or the Fitzgerald Package and confirm this choice to the Publisher in writing, then decide not to publish their work with the Publisher, the Author agrees to pay charges as listed in section 14.
19. Submission Acceptance
The Publisher reserves the right not to accept a publishing submission upon receipt. The Publisher will not publish content that is not of a high enough standard for its readers. If the Publisher believes this to be the case, the Publisher reserves the right to offer to publish the content on the condition that the Author signs up to the Austin Package or the Fitzgerald Package.
20. Agreement Acceptance
By adding your name and address to this agreement below you state that you have read and agree to all of the terms and conditions of this agreement in the same manner as if you had manually signed the agreement. We may ask for, and you consent to provide, a signed, printed copy of the agreement. This contract must be signed by the author and any co-creator(s).
We reserve the right at all times to vary, change, alter, amend, add to or remove any of these terms at any time and without any notice. As a signatory on this agreement you are under obligation to check the website on a regular basis and re-read the terms and conditions.
21. Changes to Agreement
Any changes in this Agreement must be in writing and signed by both parties.