These Terms and Conditions form a binding Agreement between Me Publishing Ltd (‘the Company’ ‘we’ ‘us’ or ‘Me Publishing’) and the individual identified as the author in the registration (‘you’ or ‘the Customer’) with respect to your purchase of or participation in any of the services described in this Agreement (‘the services’).
1. Agreement to Terms & Conditions
You accept and agree to be bound by these terms and conditions by clicking ‘order’ or ‘agree’ or ‘accept’ or ‘upload’ where given the option to do so on this website. If you do not accept these terms and conditions you are not entitled to use any of the services described on the Company’s website.
The format of the services and offers described will change from time to time as will the Terms and Conditions. We reserve the right to change the Terms and Conditions at any time and at our sole discretion. We will give notice of any changes by updating them at http://www.mepublishing.co.uk or by sending an e-mail to the e-mail address that you have registered with us. Changes to the terms of this Agreement will be effective on the date we post them unless we state otherwise. You are responsible for checking for updates and continued use of the Company’s services after we post changes will constitute acceptance of the changes. If you do not agree the changes you must terminate your use of the Company’s services.
In order to access the Company’s services you must:-
a) register and have an active account so that we may exchange documents; and
b) you must be at least 18 years old or have attained the legal age of majority in your country of residence.
4. Account Information
You must ensure all information you provide in connection with your registration, such as your name and email address, is accurate and kept up to date during its period of use. You may not have multiple accounts and must not impersonate anyone else. You consent to us sending you e-mails about the services forming part of this Agreement.
5. Account Security
You are solely responsible for maintaining the confidentiality of your registered username and password and for all transactions made under your name, whether or not you have authorised them. You may not permit any third party to use your account and agree to notify the Company immediately of any unauthorised use of your username or password.
6. Registration process and Orders
a) You will need to complete the process by completing [HYPERLINK]. To order the required service the customer must first register their name, address and a password – these details will be acknowledged by the Company sending you a confirmatory email to the address submitted. The Customer will insert the book title and confirm their name as the author.
b) After negotiating and making payment you must upload a script in an appropriate format in order to place your order. Please note that this does not mean that your order has been accepted as your placing an order constitutes an offer to us to buy services. All orders are subject to acceptance by us and we will confirm such acceptance by sending you an e-mail confirming the services ordered by you (“Acknowledgement E-mail”). The contract between us will only be formed when we send you the Acknowledgement E-mail and the contract between us will only relate to the services confirmed in our Acknowledgement E-mail. Your order will be fulfilled by the delivery date set out in our Acknowledgement E-mail and will be within 30 days of the date of the Acknowledgement E-mail.
c) (i) If you are contracting as a consumer, you have a statutory right to cancel for any reason and receive a full refund, except in the case of certain products listed in clause 6(c). You will receive a full refund of the price paid for the services in accordance with our refunds policy (set out in our Acknowledgement E-mail). Your statutory right to cancel a contract starts from the date of the Acknowledgement E-mail (when the contract between us is formed). Unless the services have already been delivered to you by such time, you may cancel at any time within seven working days starting from the day after you receive the Acknowledgement E-mail.
(ii) To cancel a contract, you must inform us in writing. If any services have been delivered to you in hard copy, you must also return the services to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of any products delivered to you while they are in your possession.
(iii) You will not have any right to cancel a contract for the supply of any made-to-measure or bespoke products or services.
(iv) Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Acknowledgement E-mail. This provision does not affect your other statutory rights as a consumer.
(v) This clause 6(c) only applies if you are contracting as a consumer.
You represent and warrant that:
a) You are the author of any material submitted to us and that you have the full right, power and authority to enter into and fully perform this Agreement and will comply with the terms of this Agreement;
b) You own the copyright to any photographs, tables, illustrations or drawings (“images”) that you might ask us to include in the material;
c) Prior to your delivery of any content to us, you will have obtained all rights that are necessary to do so from any other party, and that the material nor its contents are subject to any legal dispute whether in respect of its ownership, provenance or otherwise;
d) No material embodied in the content of any material submitted to us will violate or infringe upon the intellectual property, proprietary or other rights of any person or entity, including, without limitation, contractual rights, copyrights, trademarks, common law rights, rights of publicity, or privacy, or moral rights, or contain defamatory material or violate any laws or regulations of any jurisdiction;
e) You will ensure that all electronic files submitted to us comply with the technical delivery specifications provided by us from time to time;
f) You will be solely responsible for accounting and paying any co-owners or co-administrators of any material or portion thereof any sums due to them. To the fullest extent permitted by applicable law, you will indemnify and keep indemnified Me Publishing, its offices, directors, employees, affiliates, subcontractors and assigns from and against any loss, claim, liability, damage, demand, expenses, costs that arises from any breach of your representations, warranties or obligations set out or referred to in this Agreement;
g) The name under which the work is or is to be published will be the true and correct name of the author; and
h) You have a current valid registration with PayPal.
a) The Customer must upload the text to Me Publishing and specify the format requirements on the website. The applicable cost will be as shown on the website or as otherwise specified by us and will be set out in the Acknowledgement E-mail. When you place any order with the Company, we will charge the stated fee using the PayPal system. Until payment is received by the Company, we shall have no obligation to provide any services to you.
b) You must provide all necessary information required by us and/or PayPal to process the payment to us.
10. Formatting service
a) When you order our formatting services, the services in respect of fiction work will be defined in certain categories and will be as shown on our website at the time the order is placed and categorised according to length (with the services provided and the price varying according to the category) as follows:-
i) “Short” – up to 55,000 words
ii) “Medium” – up to 100,000 words
iii) “Long” – more than 100,000 words
b) You agree to be bound by the word count as calculated by the Company’s software.
c) Where you ask us to format non-fiction work, you shall be liable for additional costs which shall be confirmed by us to you before the services are supplied. Once you have agreed such costs we shall require payment before the services are supplied.
d) If you require us to insert images or other non-text content into the formatted work then additional charges will be made and we will confirm these to you.
e) We shall require you to provide the text to be formatted to us in .txt, .doc, .docx, .odt, .rtf. format and images or non-text content in .jpg or .png format with a minimum resolution of 72dpi. You must provide any additional information or electronic files upon request by us failing which we shall be unable to format the material and shall have no further liability to you.
f) As unintentional errors may occur in the process of formatting your text the Company may at its discretion reformat it and correct any errors arising in the formatting process. You acknowledge that this is not an attempt on the Company’s part to alter the originality of your work and we shall have no liability to you in this regard.
g) Once your work has been formatted by us in accordance with this Agreement we shall send it to the e-mail address you notified to us upon registration in the format requested prior to the formatting process being commenced. We shall not be responsible for publishing your work.
h) For the avoidance of doubt formatting work will not include editing content and will not correct typographical errors, mis-spellings, incorrect wording, grammar or punctuation or any other editorial issues (which shall remain your responsibility)
11. Images and Non-text content
The Company accepts no responsibility for how the images or non-text content appear in the formatted document if they have not been supplied in the correct format and size as specified by the Company to you.
12. Proofreading Service
a) The Company agrees to respect the originality of the Customer’s work but the Company will not check work for originality. It is the Customer’s duty to ensure they do not infringe any copyright or other intellectual property rights with any work from a third party duly acknowledged and with the Customer having obtained their express permission in writing.
b) In providing proofreading services the Customer agrees that the Company will check the work only for spelling, obvious grammatical faults and comprehension in accordance with current practices in the use of the English language in the United Kingdom.
c) In the case of works of fiction:
i) the customer agrees and accepts that the company does not warrant to exercise any editorial, script-doctoring or creative writing tuition function
ii) the script will not be checked for any aspect of plot, characterisation, storyline, style or any aspect pertaining to artistic merit
d) In the case of works of non-fiction:
i) the customer agrees and accepts that the company does not warrant to exercise any editorial, script-doctoring or peer review function
e) The script will not be checked for any aspect of accuracy, comprehensiveness, defamation, veracity, or any aspect pertaining to academic or scientific contribution. You agree and accept that it remains your responsibility to produce a coherent, comprehensible and well-presented script
f) Once the work has been proofread by us, we shall send it to you in the format specified in the Acknowledgement E-mail, sent to the e-mail address you notified to us upon registration and you acknowledge that it is your responsibility to check any changes made by us before you publish the work
g) Should you require formatting services in addition to proofreading services in respect of the same work then any costs incurred in relation to non-text formatting shall be notified to you and the work processed only once payment has been received
13. Book Cover Design Service
a) Where you select any of the Company’s standard covers from the website, we shall add this to your order once payment has been received from you
b) If you choose a bespoke design, this will be charged at the specified rate. A maximum of three amends are included in the stated design fee. When you send us confirmation of your agreement to your final bespoke design, we shall add this to your work once payment has been received from you.
14. Limitation of Liability
a) This clause 14 sets out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to the Customer in respect of:
i) Any breach of this Agreement however arising;
ii) Any use made by the Customer of the services or any part of them; and
iii) Any representation, statement or tortuous act or omission (including negligence) arising under or in connection with this Agreement
b) All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
c) Nothing in this Agreement limits or excludes the liability of the Company:
i) for death or personal injury resulting from its negligence; or
ii) fraud or fraudulent misrepresentation
iii) any breach of the terms implied by Section 122 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or sections 13 to 15 of the Sale of Goods Act 1979 and Sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples)
iv) defective products under the Consumer Protection Act 1987; and
v) any other matter for which it would be illegal for us to exclude or attempt to exclude out liability.
d) Subject to clause 14 the Company shall not under any circumstances whatever be liable for:
i) Loss of profits; or
ii) Loss of business; or
iii) Depletion of goodwill and/or similar losses; or
iv) Loss of anticipated savings; or
v) Loss of goods; or
vi) Loss of contract; or
vii) Loss of use; or
viii) Loss of corruption of data or information; or
ix) Any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
e) Subject to clause 14 the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this Agreement shall in all circumstances be limited to the price paid for the services.
f) We only supply the services for domestic and private use. You agree not to use the services (or any product supplied by acquiring the services) for any commercial business or re-sale purposes and we have no liability to you for any loss or profit, loss of business, business interruption or loss of business opportunity.
15. Force Majeure
The Company will not be liable to the customer for any failure or delay in the performance of its obligations in this Agreement resulting from any events or circumstances or causes beyond its control. In such circumstance the Company will be entitled to a reasonable extension of time for performing such obligations provided that if the period of delay or non-performance continues for 3 months either party may terminate this Agreement by written notice to the other party.
16. Applicable Law
Me Publishing and you agree that this Agreement shall be subject to the laws of England and to submit to the exclusive jurisdiction of the English Courts.
Notices to be served on the Company shall be sent by special delivery post to the registered office of the Company from time to time. Notices and proceedings to be served on you may be sent by e-mail to the address you provide upon registration with the Company. Electronic notices shall (where permitted by law) be deemed to be received on the date transmitted.
Failure of either party to enforce any provision of this Agreement does not constitute a waiver of the party’s rights to enforce any provision of this Agreement.