DEFINITIONS:
Edifree, hereinafter referred to as "Edifree or the service provider or the agent or the site", and the author of artistic, literary, scientific or photographic work(s), of illustration(s), image(s) or any original written, pictorial or graphic work able to be produced in the form of paper or electronic books or of any sound or cinematographic work, hereinafter referred to as "the author".
Edifree: Edifree is a provider of the services of publishing, printing and hosting of artistic works and of sales online. All users are able to consult the content of Edifree's web pages free of cost, to place an order online for a product on the web site www.edifree.co.uk, and are able, moreover, to create and to manage book projects as well as to publish their own articles after registering on the Internet website.
Author: Individual who has ratified the present contract and the Edifree T&CoS and who is able to upload their original works onto the Edifree website and to access the various services - free or paid - offered by Edifree.
THE FOLLOWING HAS BEEN AGREED:
By the present contract, the author entrusts to Edifree, which reserves the right to refuse the artistic, literary, scientific, or photographic work(s), illustration(s), image(s) or any written, pictorial, or graphic original work able to be produced in the form of paper or electronic books or of any sound or cinematographic works, which they have uploaded to Edifree. The author entrusts to Edifree its composition, print on demand and sale, and any associated services. The author undertakes to send to Edifree all the information necessary for the production of the work in accordance with the free or paid services chosen by the author. The aim of this contract being print on demand, the parties agree that the requirement to make mention of a minimum run does not apply between them. Edifree provides the services of the printing of books as orders are received. The author authorises Edifree to offer their work for sale on its website and on partner online booksellers by the presentation of the work, in the form of an electronic or physical book produced by Edifree from a electronic file that has been received and is held in trust on the site, to manage orders, carry out deliveries to paying customers, to collect payments from paying customers in the name and on behalf of the author.
Payment of author royalties
The sums of money collected by Edifree from the sales of paper books will be available for reference on the author's personal account on the Edifree website and will be transferred to him or her less the sum charged by Edifree for printing of the book (production costs) and for the management of sales (10% of the sales price including tax deducted for every copy sold) and / or less commission deducted for sales by partner bookshops on their internet sites. Please refer to website for examples of selling price and associated charges. For reasons of account management, royalties of a net sum less than £50 will be carried forward to the next half year.
Provision of services
Edifree undertakes to provide, within the framework of the present contract, the following services in order to help authors in the publication of their works, Modification of the format of the work uploaded in electronic form only allowing production of books in the format chosen by author. Determination and notification to the author of the cost per work of the services necessary for the creation of books. Determination and notification to the author of the cost per work of the optional services available to the author. These services will be performed by Edifree solely on the request of the author, who has the option to select them or not, and after receipt of payment in full for these said services. Services may be sub-contracted to a third party of Edifree's choice.
Book Price
The price of the book presented on the Edifree web site is determined by the author. The price charged to the author for the purchase of copies of their book will be equivalent to the prevailing cost of production.
Despatch
Transport services and all incidental services will be provided to the author and carried out on their behalf. Edifree will not in any case be held responsible in cases of loss, damage or any other injury suffered by the book, or for delay during transportation. It is the author's responsibility to take any necessary precautions against the carriers, or to take out an insurance which will provide cover against these risks. As a consequence the author alone will bear the risks associated with transport and delivery as well as all consequences, whatever they may be, resulting from an error committed by a carrier or a by an external third party or authorised agent.
Returns
Edifree will manage the service of return of goods on cancellation, and the buyer will have the option of returning any item that he does not wish to keep within seven working days of the delivery date, in good condition and in its packaging, to request a refund without penalty. The author gives express authority to Edifree and grants it official authorisation to reimburse the customer on return of the item concerned.
Ownership
The present contract does not carry any transfer of copyright or Intellectual Property Rights. The author retains the full copyright to all their works placed on the Edifree.co.uk website. The material ownership of the books is entrusted to Edifree, until the transfer of property to the customer by their payment, or the transfer of property and associated services to the author by their payment of the bill for services.
Responsibility
The author is responsible for the content of the electronic file that represents their work, placed on the Edifree.com web site. Edifree is responsible for the physical file placed, but not for its content. Edifree cannot guarantee that the book will be sold at the price desired by the author, nor even that it will be sold. Edifree will in no case be responsible for cancellation by the buyer in the case of loss or theft, or damage caused to the item in the course of its transportation.
Intellectual property
The author guarantees, as a general rule, that they are the owner of all the rights necessary for the conclusion of the contract as well as for the execution of the obligations which the said contract entails for the length of its duration, and that they have paid or will pay all sums due to a third party for rights on all or part of the work; notably copyright and rights related to copyright. The author guarantees that their work is not a plagiarism or plagiarised in any way. The author guarantees that the content of the work is not in any way immoral or defamatory, and contains neither publicity material nor material of a nature which will be harmful to the business. or constitutes a breach of any applicable laws.
Obligations of author
The author undertakes to reimburse all customers under the statutory warranty and for hidden defects as part of the seller's responsibility under common law. The author will in consequence be responsible in respect of the customer, for the correct execution of any obligations arising from the sale. The author indemnifies Edifree against any claim from any third party for whatever reason, not limited to intellectual property rights.
Enforcement
The present contract is drawn up for an unspecified period of time. It may be annulled at any time at the request of one or the other party. It will furthermore be cancelled de facto, excepting written agreement to the contrary, if a work has not achieved one sale during a one year period, unless the author has, during this period of time, uploaded a new work that has been accepted by the web site.
Limitation of Liability
Nothing in these Terms shall exclude or limit liability for losses which may not be lawfully excluded or limited by applicable law; any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; any loss or damage which may be incurred by you as a result of; any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services; any changes which Edifree may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); the deletion of, corruption of, or failure to store, any submissions and other communications data maintained or transmitted by or through your use of the Services
Indemnity
You agree to defend, indemnify and hold harmless Edifree, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to legal fees) arising from your use of the Website; your violation of these Terms & Conditions; your violation of the terms which apply to your submission; your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or any claim that one of your submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms & Conditions and your use of the Website.
Warranties
The Services are provided "as is" and Edifree makes no warranty or representation to you with respect to them. In particular Edifree does not represent or warrant to you that: your use of the Services will meet your requirements, your use of the Services will be uninterrupted, timely, secure or free from error, any information obtained by you as a result of your use of the Services will be accurate or reliable, and that defects in the operation or functionality of any software provided to you as part of the Services will be corrected. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms & Condition of Service preceding.
Prix Edifree
By entering the winner agrees and acknowledge to be bound by the decisions of Edifree which are final and binding in all respects; to waive any rights to claim ambiguity with the Official Rules and their respective affiliates and subsidiary companies and their respective employees, agents, officers, and directors (including advertising and promotional agencies) and distributors, licensees and retailers shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in this competition; human error; incorrect or inaccurate transcription of entry information; acceptance/possession, use/misuse, and/or defects of the prize(s) awarded herein; and/or any technical malfunctions of the telephone network, computer online system, computer equipment, software, internet service provider; interruption or inability to access competition or any web site or online service via the internet due to hardware or software compatibility problems; any damage to entrants (or any third person's) computer and/or its contents related to or resulting from any part of this competition; any lost/delayed data transmissions, omissions, interruptions, defects or any other errors or malfunctions, even if caused by the negligence of one of the members of Edifree. Prize winner agrees to indemnify and hold harmless Edifree from any and all liability resulting or arising from the competition, to release all rights to bring any claim, action or proceeding against Edifree, and hereby acknowledge that Edifree have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by a prize supplier that are sent along with a prize. Edifree has the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of this competition or web site; to be in violation of the terms of service of the web site, to be acting in violation of these Official Rules. If, for any reason, the competition is not capable of running as planned by reason of any occurrence such as infection by computer virus, worms, bugs, tampering, authorized intervention, fraud, technical failures, or any other causes which could corrupt or affect the administration, security, fairness, integrity or proper conduct of the competition, Edifree reserves the right at its sole discretion to cancel, terminate, modify, or suspend any portion of this competition. Edifree decisions are final. There will be Prize Winner who will be chosen from the eligible entries for the prize. Prize is non transferable and no cash or other substitutions will be offered. Edifree has the right to substitute a prize of equal or greater value at its sole discretion if listed prize/s become unavailable.
Copyright Infringement
If you believe that any material contained in this Site infringes your copyright, you should notify Edifree of your copyright infringement claim in accordance with the following procedure. Edifree will process notices of alleged infringement which it receives and will take appropriate action as required by all applicable intellectual property laws. Please notify us by any of the channels in our contact section.
Notices.
You agree that Edifree may provide you with notices, including those regarding changes to the Terms & Conditions of Service , by email, regular mail, or postings on the Internet site.
No Waiver
You agree that if Edifree does not exercise or enforce any legal right or remedy contained in the Terms (or that Edifree has the benefit of under any applicable law), this will not be taken to be a formal waiver of Edifree's rights and that those rights or remedies will still be available to Edifree. Any waiver of any provision of these Terms will be effective only if Edifree expressly states in a signed writing that it is waiving a specified Term.
Severability
If any court of law that has jurisdiction rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
Presiding Law
These Terms of Service are governed by and construed in accordance with the laws of England & Wales, and you hereby waive your rights to a trial by jury in any proceeding with us, and you agree to submit to the jurisdiction of the courts of England & Wales.
CONSENT OF THE PARTIES:
The consent of the author to the present contract is subject to their express validation of the general terms and conditions of service pertaining to the site which they duly consult and acknowledge during the ratification of this contract. The author therefore has access to the site as a user. The withdrawal of their author account entitles the withdrawal of their user account. The agreement of the two parties to this agreement is enforced:
- By the author, from acceptance of preceding T&C of Service by ticking the box "I accept the T & C of S".
- By Edifree, from the fulfillment of all services required - free or paid for - pertaining to the authors work .
