100% Author Creative Control
1oo% Author Ownership Protected
Lee's Press Terms of Service
This Self-Publishing Service Agreement (“Agreement”) is made on the date that this agreement is acknowledged (the “Effective Date”), between Lee’s Press and Publishing Company, LLC (“Lee’s Press” or “Publisher”), and the Client (“Author” or “Client”), an independent company/individual, engaging Lee’s Press to provide Self-Publishing Services. Publisher and Client are sometimes collectively referred to herein as “Parties” and individually as a “Party.”
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the Parties agree as follows:
Article I
Term of Contract
This Agreement will become effective on the Effective Date, and will continue in effect until the services provided for in this Agreement have been performed or until terminated as provided in this agreement.
Article II
Services To Be Performed By Lee's Press
II.1 Specific Services
Lee’s Press is engaged in the business of providing professional services to authors seeking to write, publish, market and promote their manuscripts and or books (“works”). Publisher agrees to provide the following, included, but not limited self publishing services to the Author:
(a) Manuscript formatting and editing;
(b) Book Cover Design;
(c) ISBN Assignment;
(d) Book Publishing & Distribution;
(e) Print – on – demand Services; and,
(f) Manuscript Consulting
II.2 Method Of Performing Services
Publisher will determine the method, details, and means of performing the above-described services, subject to the terms of this agreement.
II.3 Service Performance Terms
Author acknowledges and agrees to the following terms of use for services:
(a) Lee’s Press will provide a fully mocked up digital proof and a proof mailed that will be used for approval for the final product before printing and publishing.
(b) Author acknowledges that prompt feedback is essential to maintain the agreed upon production schedule. Lee’s Press cannot guarantee adherence to the agreed timeline if the author/client fails to provide timely feedback. In such cases, the author’s project may be deprioritized among other concurrent book projects being undertaken by Lee’s Press.
(c) Publisher will grant Author a period of 14 days to provide feedback on the book cover, typesetting, and any editing revisions. If, for any reason, the feedback extends beyond 30 days, Lee’s Press will require payment of 50% of the remaining balance to secure the team and ensure the completion of the project.
(d) Book Revisions: Lee’s Press offers 2 rounds of book cover, typesetting, and editing revisions. To streamline the revision process, we kindly request that all revisions be included within a single submission. In the event that additional rounds of revisions are necessary beyond the initial two, an hourly fee of $75 will be applied. Timely collaboration is crucial, publishers ask that Client feedback and revisions be submitted within 14 business days. If revisions are not received within the specified timeframe, additional revisions will be subject to the publisher’s standard hourly fee. Client Acknowledges that Publisher’s goal is to work collaboratively with Client to ensure your satisfaction with the final product
(e) Parties acknowledge that all design and formatting must be approved prior to uploading manuscripts and covers to publishing platforms for proofing that will be mailed out. If there are any additional changes requested to any or all revisions, a $150 administration fee will be applied.
(f) Author Acknowledges that communication is vital in completing the project. If Client is out of regular communication with Publisher or Project Manager, without prior written notice, for (45) days or more, client understands that they will lose their initial deposit and must re-engage Publisher for services to be complete.
(g) Digital Distribution: Publisher will submit the manuscripts of work for distribution and sale to prevalent digital distribution outlets including Amazon and other retail locations. The first payout of book sales (if any sales from sales report) will come after 90 days of book release.
(h) Author Wholesale Program: The Author may purchase an unlimited number of additional wholesale copies of the printed editions of the Work for private sale by Author, directly from Publisher at a discount off the retail price plus shipping charges.
II.4 Manuscript Quality Standards
Authors are expected to submit manuscripts that meet the basic industry publishing standards. Manuscripts should be reasonably free from structural issues, incomplete thoughts and sentences, and that impede readability. Ethical integrity is essential to writing and publishing. The author agrees that important ethical concerns to consider include etiquette, fraudulent publication, plagiarism, duplicate publication, authorship, and potential for conflict of interest.
(a) If, upon review, the Publisher determines that a manuscript requires significant improvement beyond the scope of standard line and copy editing services, the Author will be notified. In such cases, the Publisher may recommend additional consultation services to help polish the manuscript to meet the required standards.
(b) Authors who need further assistance with their manuscripts can opt-in for additional consultation services. These services include: ghostwriting or manuscript consulting services, as seen on the attached “Schedule A.”
(c) Authors can choose to accept the recommended additional services to enhance their manuscripts. If the Author declines the additional services, they may proceed with the standard services offered, understanding that the final manuscript quality is the Author’s responsibility.
(d) Any amendment to this clause must be agreed in writing by both parties.
II.5 Rights and Ownership
Parties acknowledge and agree to the following:
(a) The Author retains all rights, title, and interest in and to the manuscript and the intellectual property contained therein.
(b) The Author acknowledges that the Lee’s Press & Publishing Co. does not claim any ownership rights over the manuscript or any of the Author’s intellectual property.
(c) The Author Acknowledges that the ISBN (International Standard Book Number) and corresponding barcode that Publisher provides for the hard cover, paperback cover and the Kindle version of the Work for all formats is registered as the Publisher (Lee’s Press and Publishing Company). If the client cancels or terminates the agreement and requests for the book to be removed from all platforms after it’s published. The Client is responsible for obtaining their own ISBN number going forward.
II.6 Copyright Registration
Copyright processing will take place after the client approves the digital proof of the book, (the final approved manuscript file must be submitted to the copyright office). The Publisher will prepare and file the appropriate copyright application with the United States Copyright Office. The client will retain 100% ownership of their work/manuscript. The copyright office will either email or call the Client if any questions are needed before mailing an official copyright certificate.
II.7 Status of Publisher
Publisher enters into this Agreement, and will remain throughout the term of the Agreement, as an independent Publisher. This agreement does not in any way create any type of partnership, association, joint venture, or other business relationship. Publisher agrees that Publisher and any Publisher personnel are not and will not become an employee, partner, agent, or principal of Client while this Agreement is in effect. Parties agree that Publisher and any of Publisher personnel are not entitled to the rights or benefits afforded to Client’s employees, including disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, or any other employment benefit. Publisher is responsible for providing, at Publisher’s own expense, disability, unemployment, and other insurance, workers’ compensation, training, permits, and licenses for themselves and for the Publisher’s employees and subcontractors. Nothing in this Agreement shall be construed to give Publisher authority (i) to represent that they are an employee of the Client, (ii) to bind the Client with respect to contracts or any other matters, or (iii) to represent the Client before any court or government or regulatory authority without the express written authorization of Client. Publishers agree they are not entitled to participate in nor receive any health, welfare or pension benefits, including, but not limited to, those provided under any retirement, group term insurance, group health insurance, group disability or any other pension or welfare plan provided to employees of the Client.
II.8 Retail Pricing of Published Works
Author acknowledges that while Lee’s Press will consult with Author on the desired retail price for the book, prior to it being listed; online retail locations, including amazon, remit to manage their own metadata displayed on their website and platform(s) as it relates to the book, title, and price. Further, third parties reserve the right to increase price per unit as well as discount the price, in order to drive sales. Author agrees that it is not within Lee’s Press’s control, therefore Lee’s Press is not responsible for any third party price or title changes.
II.9 Indemnity
Author agrees, at their own expense, to indemnify, defend, and hold Publisher and its officers, directors, employees and agents free and harmless from all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, attorneys’ fees, and costs, that Publisher may incur as a result of a breach by Author of any representation or agreement contained in this Agreement or in connection with any act or omission of Author in connection with the provisions of the services hereunder. Author further agrees to indemnify and hold Publisher harmless from any claims, damages, or expenses arising out of or related to the manuscript, including but not limited to claims of infringement, libel, defamation, plagiarism, or violation of intellectual property rights.
Publisher agrees to indemnify and hold Author harmless from any claims, damages, or expenses arising out of the services provided, including but not limited to claims of negligence or breach of contract.
II.10 Assignment
Neither Party shall assign this Agreement nor any duties or obligations under this Agreement may be assigned without the prior written consent of the other party. Any such assignment will be considered null and void. Parties require such consent to protect intellectual property rights and confidentialities.
Article III
Compensation
III.1 Flat Rate. In full consideration for the Services described in this agreement to be performed by Publisher, Client agrees to pay Publisher the agreed on rate based on the following payment schedule:
(a) The Service fee will be based on the Clients needs and listed in their publishing agreement.
(b) Payment Terms: Client agrees to the following payment terms
- Pay in Full: Pay the total amount upfront and receive a 5% discount.
- Payment Plan: Pay 50% of the total at signing and the balance in 1 to 3 installment payments to take place every 30 days.
(i) By Electing payment installments, Client acknowledges and agrees to the following Credit Card Authorization terms:
(A) By providing your credit card information, you authorize Lee’s Press to charge your card according to the selected payment plan. The first payment is processed immediately, with subsequent payments every 30 days. All customer information is confidential.
(B) Payment by Phone: Payments can be made over the phone and will be entered securely by a sales representative.
(C) Privacy and Security: Lee’s Press protects your privacy and secures all personal and payment information. - Additional Payment Terms:
(i) Access to the author portal and completed work may be lost if payments are missed.
(ii) Books will not be published until full payment is received.
(iii) A late payment fee of $30 will be applied to payments processed after 7 days.
(iv) After 14 days of non-payment, further work on the project will cease. Notification will be sent to the project manager regarding cease on services until payment is made. Demand of the full balance may be required, without advance notice from Client.
(v) After 30 days of non-payment, Publisher may terminate the agreement, and reserves the right to pursue legal action against the Client to recover losses, including petitioning the court for a default judgment against Client for recovery of balance. Further, the Publisher reserves the right to write off the balance. Client agrees that a repurchase will be necessary to regain access.
(vi) If payment is not made within 60 days, the Publisher reserves the right to send the balance to collections and report non payment to credit bureaus.
(vii) Finance charges apply to all payment plans.
(viii) Payment authority is required when placing the order.
(ix) Any and additional services will be billed separately.
Article IV
Obligations and Warranties of Publisher
IV.1 Publisher Warranties
Publisher warrants that they are qualified to perform the Services and that the Services will be performed in a professional, timely and workmanlike manner.
IV.2 Non-Exclusive Relationship
Publisher may represent, perform services for, and contract with as many additional clients, persons, or companies as Publisher, in their sole discretion, sees fit. Author acknowledges that this is a non-exclusive engagement and that Publisher retains the right to contract with and publish other Clients outside of Author in Publisher’s sole and unrestricted judgment, regardless to in the interests, without liability or obligation to Author.
IV.3 Time and Place of Performing Work
The Publisher may perform the services under this Agreement at any suitable time and at the Publisher’s location.
IV.4 Publisher’s Qualifications
Publisher represents that they have the qualifications and skills necessary to perform the services under this Agreement in a competent, professional and workmanlike manner. This means the Publisher is able to fulfill the requirements of this Agreement. Failure to perform all the services required under this Agreement constitutes a material breach of the Agreement. Publisher has complete and sole discretion for the manner in which the work under this Agreement will be performed.
Article V
Obligations and Warranties of Author
V.1 Cooperation of Client
Author agrees to comply with all reasonable requests of Publisher and provide access to all documents/facilities reasonably necessary to the performance of Publisher’s duties under this agreement. Author agrees to communicate and remain responsive to the Publisher in order to complete the project in a timely manner. Author understands that excessive failure to respond in a timely manner (four weeks or more with no communication) will result in (a) Authors project being placed on hold; (b) Author’s project being reprioritized to utilize resources to other projects, (c) assessment of a $750 fee to reestablish services.
V.2 Original Works
Author hereby represents the original owner of the Work, has not previously assigned these rights to any other parties and that the Work neither infringes upon the copyright of any third party nor constitutes libel/defamation in any way.
V.3 Legal Owner
Author warrants that they are the legal owner of the manuscript or have obtained all necessary permissions and rights from third parties for the publication and distribution of the work.
Article VI
Termination of Agreement
VI.1 Expiration of Agreement
This Agreement will continue in effect until the Services provided for in this Agreement have been fully and completely performed and shall then terminate unless renewed in writing by both parties.
VI.2 Termination for Material Breach
If either party materially breaches any of the provisions of this Agreement, the non-breaching party may terminate this Agreement by giving written notification to the breaching party. Material breach of this Agreement includes, but is not limited to, the following:
(a) Author’s failure to pay Publisher any undisputed compensation due within 30 days after written demand for payment.
(b) Publisher’s failure to complete the services specified in the Description of Services.
(c) Publisher’s repeated failure to respond to clients inquiries for services within (72) hours after receiving request.
(d) Publisher’s material breach of any representation or agreement contained in Paragraph 4.
(e) Client’s material breach of any representation or agreement contained in this Agreement.
(f) Author failing to communicate with Publisher or respond to phone and email correspondents for more than 30 days.
VI.3 Termination for Non Material Breach
Either Party may terminate this Agreement by providing written notice to the other Party within five (5) business days from the date of the initial signed Agreement.
(a) A full refund will be issued if either party terminates this agreement within (5) business days of the initial signed Agreement.
(b) In the event of written termination from the Publisher or Client after the initial five (5) business days, both parties shall engage in good-faith negotiations to determine an appropriate refund amount, taking into consideration the work that has been rendered up to the termination date. Both Parties shall aim to reach a mutual agreement on the refund amount.
(c) If no agreement is reached, the Publisher will determine a fair and reasonable amount for their services and provide the client with a written statement regarding the amount retained.
(d) Upon termination, both Parties shall promptly return any materials or information belonging to the other Party, as well as any outstanding deliverables.
(e) Refunds: Any agreed refund will be processed promptly within 10 business days from the date of the cancellation request and/or refund amount is determined.
Article VII
Proprietary Rights
VII.1 New Developments
Publisher agrees that all designs, plans, reports, specifications, drawings, inventions, processes, and other information or items produced by Publisher while performing services under this Agreement will be assigned to Client as the sole and exclusive property of Client and Client’s assigns, nominees, and successors, as will any copyrights, patents, or trademarks obtained by Publisher while performing services under this Agreement. On request and at Client’s expense, Publisher agrees to help Client obtain copyrights for the project. This includes providing data, plans, specifications, descriptions, documentation, and other information, as well as assisting clients in completing any required application or registration.
VII.2 Confidential Information
Parties agree to keep all information received from the other party confidential and not disclose it to any third parties without prior written consent , except as required by law. Any written, printed, graphic, or electronically or magnetically recorded information furnished by Client for Publisher’s use are the sole property of Client. The Publisher will keep this confidential information in the strictest confidence, At no time will the Publisher use any of the Client’s confidential information for any purpose other than for the benefit of the Client in connection with the performance of the Services hereunder.
Article VIII
General Provisions
VIII.1 Notices
Any notices required to be given under this Agreement either party to the other shall be in writing and shall be transmitted either by (i) registered mail, (ii) certified mail, return receipt requested, or (iii) overnight mail, addressed to the party to be notified at the following address or to such other address (or person) as such party shall specify by like notice hereunder:
VIII.2 Entire Agreement; Modifications
This Agreement supersedes any and all agreements, either oral or written, between the parties with respect to the rendering of services by Publisher for Client and contains all of the representations, covenants, and agreements between the parties with respect to the rendering of those services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement will be valid or binding. Any modification of this Agreement will be effective only if it is in a writing signed by an authorized representative of the party to be charged.
VII.3 Partial Invalidity
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.
VIII.4 Arbitration
Any dispute, controversy or claim arising out of or related in any to this Agreement or any services performed hereunder which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a single Arbitrator sitting in North Carolina. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of North Carolina. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. No discovery will be permitted, and all aspects of the arbitration will be confidential. Any Arbitration award shall not include exemplary or punitive damages. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement.
VIII.5 Attorneys’ Fees
If either party incurs any legal fees associated with the enforcement of this Agreement or any rights under this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and any court, arbitration, mediation, or other litigation expenses from the other party.
VIII.6 Governing Law
This Agreement will be governed by and construed in accordance with the laws of North Carolina, without regard to its conflicts of laws principles.
VIII.7 Force Majeure
Neither Party shall be liable hereunder for any failure or delay in the performance of its obligations under this Agreement, except for the payment of money, if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, pandemics, epidemics, local disease outbreaks, public health emergencies, or acts of God, in which event the non-performing Party shall be excused from its obligations for the period of the delay and for a reasonable time thereafter. Each Party shall use reasonable efforts to notify the other party of the occurrence of such an event within three (3) business days of its occurrence.
VIII.8 Waiver; Rights Cumulative
No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter. The rights and remedies of the parties herein provided shall be cumulative and not exclusive of any rights or remedies provided by law or equity.
VIII.9. Counterparts
This Agreement may be executed by facsimile and in one or more counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same instrument, without necessity of production of the others.
