Terms & Conditions

 Turbo Flash Publications Publishing Services and Book Distribution Agreement

This Service Agreement is made between YOU, the registered user on digitalwebsky.com [referred to as “You” or the ‘Author’] and Turbo Flash Publications Media Private Limited, a company registered under the Companies Act 2013 of the address Ganj No. 1, Bettiah, West Champaran, Bihar, 845438 [referred to as “Turbo Flash Publications”]. This agreement will come into force only on the date that you or someone on behalf of the author publishes their book with Turbo Flash Publications or makes the first payment towards purchases of publishing services from Turbo Flash Publications, whichever comes first [referred to as ‘Effective Date’].

Since You have written a book or your Work that you would like to be published and Turbo Flash Publications offers top notch self-publishing services; You, would like to engage the services of Turbo Flash Publications.

In consideration of the mutual promises set forth in this Agreement, the both parties agree as follows:

1. Turbo Flash Publications Services

Turbo Flash Publications offers you two different sets of services under this Agreement:

Publication Services – There are several packages and corresponding services offered by Turbo Flash Publications at their website [www.turboflashpublications.com] for editing, design, ISBN and copyright, printing and creation of eBooks and marketing which you can select from based on your requirement.

Book Distribution– Once you have selected from the Publication Packages and your Work has been published either in print or digitally, you have engaged Turbo Flash Publications for the distribution of your Work. 

You can choose one or both services at any time during this Agreement.

Grant of License and Intellectual Property

For you to engage Turbo Flash Publications for both their Publication and Distribution Services you must grant Turbo Flash Publications a limited [restricted to the rights you are granting], non-exclusive [you can grant the license to other publishers] world-wide license to print, publish, distribute and sell your Work.

All Intellectual Property rights in the Work, which include copyright, and all the associated rights under the law of Copyright remain exclusively with you. Turbo Flash Publications does not claim or own any of your Intellectual Property rights.

The licenses granted will depend on the services you have engaged Turbo Flash Publications for based on your selection made by you while publishing your book.

A. Payment

In consideration for the Publication Services you or someone on behalf of the author will pay Turbo Flash Publications the Package Fee as per the package of services that you have selected. Turbo Flash Publications will commence work on the Publication Services only upon receipt of the Package Fee.

In consideration for Book Distribution, Turbo Flash Publications will pay you the Royalty Fee which is mentioned in detail in Schedule A

C. Authors Rights and Duties

Initial Obligations – You shall provide Turbo Flash Publications with all the required information in the appropriate format and any Fee owed to Turbo Flash Publications is paid in full.

Rights - You retain all rights to the work. While Turbo Flash Publications may edit [if you have selected editing service in the Publication Service] the content, all rights in the content will remain with You.

ISBN- While you grant us a non-exclusive license on the content, you cannot use the ISBN and format of the work provided by Turbo Flash Publications anywhere else.

Discounts: You will be eligible to receive purchase discounts as referenced in Schedule A.

D. Turbo Flash Publications Rights and Duties

License to Publish and Distribute: Turbo Flash Publications has the right to choose the distribution channels for the work based on the format of distribution selected by you. Turbo Flash Publications and entities in its distribution channels may determine in their own discretion whether and to what extent to make excerpt of your work available. On occasion, these excerpts may include entire chapters or may even exceed twenty-five (25) pages or more in length.

Versions and Multiple ISBN’s: You grant Turbo Flash Publications the right to introduce additional versions of the work as it needs to be available in multiple formats. Accordingly, you grant Turbo Flash Publications the right to terminate and reissue individual ISBN’s of the work in each different format that you select.

Possession of submitted materials: Turbo Flash Publications may retain in its possession all the materials submitted by you and Turbo Flash Publications is not obligated to return or store such materials. You also grant Turbo Flash Publications the right to compile and use statistical information regarding sales of the work.

Storage and Hosting: You grant Turbo Flash Publications the right to copy, reproduce, warehouse, host, store, use, transmit and distribute tangible, electronic copies of the work in any current or future methods of technology to fulfil their services under this Agreement.

Publicity: To provide the Distribution Services, you grant Turbo Flash Publications, the consent and right to use your name, voice, photograph, image, likeness, distinctive appearance, gestures, or mannerisms.

Publicity Rights: To provide the Distribution Services, you grant Turbo Flash Publications, the consent and right to use your name, voice, photograph, image, likeness, distinctive appearance, gestures, or mannerisms.

Excerpts: Electronic excerpts of the work shall be viewable on Turbo Flash Publications’s website, or partner or contractor websites that have entered agreements with Turbo Flash Publications, to facilitate promotion, marketing, distribution, and sales of the work.

Free Copies to Media: You grant Turbo Flash Publications the right to send free review copies to members of media, including, but not limited to, editors, college newspapers, bloggers, professors, television, internet, and radio commentators, and other potential book reviewers in Turbo Flash Publications’s discretion for promotion of the work.

Promotional Services/Opportunities/Items: From time to time, Turbo Flash Publications may discontinue offering certain promotional Services/Opportunities/Items. Turbo Flash Publications may substitute a different promotional Service/Opportunity/Item of equal or greater value for you with notification to the author in the event of a discontinuation.

Content Security: Turbo Flash Publications shall ensure that the content provided by you shall be kept confidential. Neither Turbo Flash Publications nor any third parties associated with Turbo Flash Publications shall involve in any act that would compromise the security of the content before, during and after the work is published.

E. Term and Termination

Term: This Agreement comes into force from the Effective Date and extends until it is terminated by either or both parties.

Termination: Turbo Flash Publications’ Publication Services terminate once each selected service has been completed. You can choose additional services based on Turbo Flash Publications’ offers.

The Distribution Services continue to stay in effect until this Agreement is terminated.

You and Turbo Flash Publications, can mutually agree and have the right to terminate this Agreement at any stage, in writing

If you find that Turbo Flash Publications has not complied with any of the duties, or obligations to be provided under this Agreement, or if there is a breach of any the terms, or vice versa [where you have not complied with the terms] either party can inform the other party of the breach of terms. If the issue is not sorted or rectified within 30 days, this Agreement can be terminated.

F. Refunds

Refunds will apply only to the Add-on Publication Services provided by Turbo Flash Publications and depends on the time during which this Agreement is terminated and the stage of work completed. No refunds will apply on the distribution services provided by Turbo Flash Publications at any stage.

(i) If you have not yet submitted your work to Turbo Flash Publications then you will get a refund of 100% of purchase price less INR 1500.00 administrative fee and applicable taxes;

(ii) After completion of the service, but prior to final sign-off, 25% of the purchase price plus any tax paid;

(iii) After 30 days from the Effective Date, no refunds will be allowed, regardless of the stages mentioned above.

Turbo Flash Publications shall take best effort to ensure that refunds are processed within fifteen [15] days of the termination of this Agreement.

G. Representations and Warranties

Both You and Turbo Flash Publications undertake that you can enter into this Agreement and that there are no other contractual obligations preventing you from signing this Agreement.

You will be wholly and completely responsible for the content of the work and should ensure that the work is not illegal, unlawful or it does not contain any objectionable content. Turbo Flash Publications is not liable to any third party or other person or entity, for the work, regardless of whether Turbo Flash Publications had any knowledge or could have reasonably known of any illegal, unlawful, or objectionable content in the work. You also agree to indemnify [compensate for harm or loss] Turbo Flash Publications in case of any legal proceedings with third party regarding copyright infringement or action on grounds of illegality as mentioned.

H. Disclaimer of Warranties

SALES NOT GUARANTEED: Turbo Flash Publications cannot and does not guarantee sales of any of the author’s work. Turbo Flash Publications makes no guarantees or promises as to the minimum success of the services or the amount of book sales which may result from any or all of the services.

GENERAL DISCLAIMER: Except for any Warranties or Representations explicitly mentioned in this Agreement, Turbo Flash Publications makes no other warranty and explicitly disclaims all other warranties, conditions or representations (express or implied, oral or written) with respect to the services, or any part thereof.

THIRD PARTY FAULT: Turbo Flash Publications is not responsible for retrieving the work from or for any sales of the work in the possession of an entity other than Turbo Flash Publications. Turbo Flash Publications is not liable for delays, errors, or non-performance of services caused by any of Turbo Flash Publications’ vendors or suppliers, printer, like, the failure of a third party to (a) timely remove your work from circulation following Turbo Flash Publications’ or your notice to do so, and (b) the failure of any third party to timely update any changes to the work.

I. Limitation of Liabilities/Remedies

LIMITATION OF LIABILITY: In no event, shall Turbo Flash Publications or any of its affiliates be liable under this Agreement to you or any other person or entity for any consequential, incidental, indirect, exemplary, special or punitive damages, regardless of whether we could anticipate such damages or advised you about them. In no event, shall Turbo Flash Publications’s or its affiliates’ total liability arising out of or related to this agreement, exceed the total amount you paid to Turbo Flash Publications under this Agreement.

J. Indemnification

You agree to indemnify and hold Turbo Flash Publications and its distribution partners harmless against any legal claims connected to the breach of the representations and warranties or your breach of this Agreement or regarding any claims of Intellectual Property Ownership.

Turbo Flash Publications agrees to indemnify you against any claims connected to any matter inserted into the work by Turbo Flash Publications if you did not provide Turbo Flash Publications with it.

Turbo Flash Publications may retain payments due to you until its claims of indemnity have been satisfied or completed.

K. Legal Proceedings

The Courts in Bihar, India shall have exclusive jurisdiction to decide on matters arising out this Agreement.

If there is any dispute, it should be referred to an Arbitrator appointed by both parties. If you and Turbo Flash Publications cannot agree on one Arbitrator, both parties shall appoint one arbitrator each who will appoint a third Arbitrator so that a panel of three Arbitrators will adjudicate. All arbitration proceedings shall be conducted in the English language in accordance with the Arbitration and Conciliation Act, 1996 and the place of arbitration shall be Bihar, India.

L. Entire Agreement

This Agreement including any Order Forms, schedules and annexures is all that governs the terms between you and Turbo Flash Publications. If there are any changes to the terms they have to be made in writing and agreed by both parties.

M. Notices

All notices to Turbo Flash Publications can be sent by email to turboflashpublications@gmail.com and all notices to you can be sent to any of your registered email addresses that has been used to communicate with Turbo Flash Publications in the past.

N. Assignment

You cannot assign or transfer any of the rights, or duties in this Agreement to anyone else. Turbo Flash Publications may transfer some of its rights to another related entity to comply with its duties as per this Agreement.

O. Force Majeure

Both You and Turbo Flash Publications shall not be liable or responsible to each other or deemed to have defaulted under this Agreement for failure or delay in fulfilling or performing any term of this Agreement if the delay is due to an Act of God or out of the control of the parties.

P. Survival

Even after the termination of this Agreement, all clauses from H to O shall survive until explicitly terminated by the parties via an Agreement signed by both parties.

SCHEDULE A

1. Royalties

A. Print Royalties

On all sales by Turbo Flash Publications of paperback or hardcover formats of the full work, Turbo Flash Publications shall pay you a royalty as follows:

We give 70% of total profit to Author.

MRP - (Production Cost + Distribution Cost + Taxes + mark-ups for sales with distribution partners + technology fees + Return Cost ) = Profit.

Now 70% of this profit is author earning.

Royalties are not due to you for copies provided free of charge or copies sold to you.

B. eBook Royalties

We calculate author earning for digital ebook as follows:-

MRP - (Distribution Cost + mark-ups for sales with distribution partners + Taxes ) = Profile.

Now 70% of this profit is author earning.

Royalties are not due to you for any copies provided free of charge or copies sold to you.

C. Royalty Payment timing

You can withdraw your earnings instantly. There is no any minimum threshold to withdraw your earnings. Royalty will be paid via online mode only.

D. Mode of transfer

Royalties shall be paid by electronic fund transfer to your designated bank account. You need to provide Turbo Flash Publications with all the relevant bank details to effect the transfer.

E. Tax Withholding and Tax Identification Number

All royalty payments will be subject to applicable tax requirements. You shall provide Turbo Flash Publications with all necessary information and documentation requested by PUBLISHER to comply with tax requirements including your tax identification number. In the event the Author fails to provide Turbo Flash Publications with the proper documentation and information, or fails to fully comply with the provisions of this Agreement and Terms, Turbo Flash Publications maintains the right to withhold from royalty amounts owed to you any moneys required to be deducted or withheld in compliance with the tax code or other governing laws. You shall have no right to seek reimbursement from Turbo Flash Publications for such withholdings and payment by Turbo Flash Publications to the proper authorities.

2. Submissions

Manuscript Submissions are to be made via the Turbo Flash Publications Turbo Flash Publications Publications Author Dashboard Platform. You must provide all necessary as outlined below.

(1) Final Contents (In pdf) of the Book in an acceptable format as per the specifications provided by Turbo Flash Publications

(2) Payment for Publication or Expanded Distribution Services (if opted for).

(3) All graphics (if you choose to provide) in an accessible digital file format with minimum 300 DPI resolution.

3. Pricing

You shall set the default and maximum price of the work greater than the MINIMUM RECOMMENDED RETAIL PRICE set by Turbo Flash Publications for the work taking into account the cost of printing and distributing the work.

Turbo Flash Publications may ask you via electronic mail to modify the price of the paperback, hardcover, and e-book format of work, should costs change or market conditions warrant.

4. AUTHOR Discounts

You shall have the right to purchase copies of the work based on the current information displayed on the author dashboard area of Turbo Flash Publications’ website at the time each order is placed. All Author payments must be made in advance.