Where writers (and others) sell books -- and more...

 

Here is the text of our standard initial agreement. We reserve the right to update or alter this standard text, and/or to submit an alternate agreement at any time. This text may be modifed based on the circumstances of a specific application, and does not necessarily reflex the text of any specific agreement offered to any applicant. You will be sent the text of this agreement via email.

An agreement, dated [current date here] between AuthorSales.Com, a service of FoxAcre Press, hereinafter to be called AuthorSales.Com, and [your name], doing business as or on behalf of [your business name] of [your address] hereinafter to be called the CIient.

The Client hereby submits an application to set up an online Webstore with AuthorSales.Com. Acceptance or refusal  of any or all applications is strictly and completley at the discretion of AuthorSales.Com.

Application and Set-Up

Contigent on AuthorSales.Com's acceptance of the Client's application, the Client agrees to pay a set-up fee of twenty U.S. dollars (US$20.00), in exchange for which AuthorSales.Com hereby agrees to set up and maintain  a template-based online Webstore, similar to the demonstration webstore presented at AuthorSales.Com's website, for the Client, within ten business days of receiving a completed application and payment of the set-up fee. AuthorSales.Com will also provide to the Client the exact URL address of the Client's Webstore, so the Client may provide links to it. 

At this time, AuthorSales.Com does not charge any recurring fee to maintain the online Webstore. Aside from the set-up fee, the only other charge to the Client is the per-transaction fees discussed in the "Fees and Reimbursement" section below. Once the Webstore is online, the set-up fee is not refundable, except in the situation discussed in the section below entitled "Cancelation of Service." AuthorSales.Com reserves the right to change this no-recurring-fee policy in future, and it is explicitly understood that the Client will not be obligated to continue operation of the Webstore if the fee structure should be altered.

During the initial phase of AuthorSales.Com, the Client may present up to ten (10) products for sale on this Webstore. The number of products that may be presented might be altered after AuthorSales.Com's initial phase of operations. The Client will be notified of any such changes. It is also possible that the web address of the Webstore will be changed for administrative purposes at some future date. In such cases, the Client will receive detailed notice of and instructions about the change well in advance.

The Client, subject to the restriction on the number of items listed in the previous paragraph, may at any time use AuthorSales.Com's online updating system to submit instructions to add or remove items from the Client's Webstore, and/or to update other elements of the Webstore, and/or to cancel service. AuthorSales.Com will make a good-faith effort to comply with these instructions in a timely manner, though a certain degree of lag time is inevitable. AuthorSales.Com reserves the right to refuse any or all  items submitted at its sole and complete discretion, and further reserves the right to remove any item at any time from the Client's Webstore.

Hosting, Payment Management and Reports

AuthorSales.Com will be responsible for hosting the site, for payment management, and for notification of the Client via email whenever an order is submitted by a customer. Furthermore, AuthorSales.Com will provide sales reports to the Client on a monthly basis, and pay all monies due to the Client as a result of sales made through the Webstore. Payment will be made monthly, unless the accumulated amount due is less that US$10.00, in which case payment will be withheld  until a monthly reporting period when the accumulated amount is at least US$10.00. However, all Client accounts will be paid in full, regardless of amount due, for the June and December reporting periods of each year.  Generarlly speaking, reports will be sent via email, except when payment  by check is due to the Client as discussed in the next section. Payments to the Client are normally by checks drawn on FoxAcre Press. However, the Client may choose to receive payment via PayPal instant payment.

Fees and Reimbursement

In exchange for providing the services described in this agreement, AuthorSales.Com will charge a fee totalling twenty percent (20%) of the price paid for merchandise by the customer for each transaction, or a minimum of US$2.00 per transaction, whichever is the higher. This percentage applies to the product sale price only. AuthorSales.Com will forward all monies paid by the customer for shipping and for sales tax directly to the Client. Example One: A customer subject to 5% sales tax buys a item for US$25.00 and pays US$4.00 to ship it.  The order will be the total of $25.00 for the product, $1.25 for the tax, and $4.00 for the shipping, for a total of $30.25. AuthorSales.Com would deduct 20% of the merchadise total, or $5.00, and pay $25.25 to the Client. Example Two: A customer not subject to tax buys an $8.00 item that costs $3.00 to ship, for an order total of $11.00. Twenty percent of the merchandise total is less than $2.00, and therefore the $2.00 minimum rule takes effect. AuthorSales.Com deducts $2.00, and pays $9.00 to the Client.

The AuthorSales.Com Order Fulfillment Process

Order Placement and Notification. When a customer places an order at the Client's webstore, the Client will be sent notification, normally via email. The Client will then send an email message to AuthorSales.Com, either confirming that the Client is ready to ship the order in its entirety within three business days, or that the Client is able to ship only some or all of the items ordered within three business days, or that the Client is completely unable to ship the order within three business days.

Payment Processing and Cancelled Order Refunds. If the order has been placed via credit card, once AuthorSales.Com receives that notification, AuthorSales.Com will process payment for the whole order, or the part of the order that the Client is able to ship within three business days.  AuthorSales.Com will not process any credit card payments until the Client notifiies AuthorSales.Com via email or other means that the Client is ready to ship the order. In order to prevent shipping delays, check and money order payments may be processed before the Client confirms the order is ready to ship. PayPal payments are immediate and automatic and require no processing.

In cases where payment processing is started or payment is completed before the Client can notify AuthorSales.Com that the Client is unable to ship some or all of the items in the order, AuthorSales.Com will be responsible for issuing refunds to the customer. Refunds will be issued only direct to the paying customer, and only if and when the payment in question has been cleared, settled, and deposited in AuthorSales.Com's account.  These are the only circumstances under which AuthorSales.Com will issue a refund. All other refunds, adjustments, corrections or other transactions are strictly between the Client and the customer. The Client will receive no reimbursement for any unshipped item or items.

Shipping Notification and Shipping. Once payment to AuthorSales.Com has been confirmed and completed, AuthorSales.Com will send a message via email or other means to the Client, instructing the Client to ship the items in question to the customer. AuthorSales.Com's involvement in the transaction between the Client and the Client's customer ends at that point. Shipping the order is entirely the Client's responsibility. If the Client fails to ship some or all of the order, or fails to ship it in a satisfactory manner, or ships damaged, defective, or wrong merchandise to the customer, or is involved in any other dispute with the customer, all such issues are to be regarded as strictly between the Client and the Client's customer. If, for any reason, the Client must  issue a partial or complete refund to the customer, AuthorSales.Com will not refund its fees for services rendered in processing the transaction.

It is clearly understood by both AuthorSales.Com and the Client that AuthorSales.Com's responsibilities are strictly limited to maintenance of the Client's Webstore and the processing of payments. The Client is responsible for all other elements of operating the Client's business. These responsibilities include, but are not limited to, accurate description of the products offered, satifactory product quality, proper packaging of all orders prompt shipments of all orders, adherence to posted policies regarding privacy and other issues, conforming to business licensing and registration requirements, and the reporting any payment of any and all sales taxes to the competent taxing authorities.

Cancellation of Service

This initial agreement comprises the whole of the agreement regarding the operation of the Webstore between AuthorSales.Com and the Client. Either party to this agreement may cancel it at any time, and have the Webstore removed from service. AuthorSales.Com will endeavor to comply with all cancelation requests in a timely manner, but reserves the right to confirm the request first where appropriate, for example in cases where it suspects the request was made maliciously by a third party. If, at its own discretion, AuthorSales.Com choses to cancel a Webstore within the first 30 days after it has commenced operation, AuthorSales.Com will refund the set-up fee. AuthorSales.Com will not be required to issue a refund if the Client requests cancelation. In the event of cancelation by either party to this agreement, AuthorSales.Com will shut down the Webstore, and pay all fees due on transactions for which payment has been completed in the course of the next monthly statement.

Declaration of Ownership

AuthorSales.Com is a service of FoxAcre Press, which is owned by Roger MacBride Allen. Business correspondence should be addressed to FoxAcre Press, FoxAcre Press,  PMB 281, 1977 North Olden Avenue Ext., Trenton NJ 08618-2193. Fax:(609) 882-1043 emai: authorsales@foxacre.com. Web address:  www.foxacre.com/authorsales or www.authorsales.com.

 

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