Please read these terms carefully before engaging our publishing services. By working with Elite Author Press, you confirm your acceptance of the terms set out below.
Throughout these Terms and Conditions, the following definitions apply unless context requires otherwise:
References to any legislation include that legislation as amended or re-enacted from time to time. Section headings are included for ease of reference only and do not affect interpretation. Singular terms include the plural and vice versa where the context requires.
Elite Author Press will deliver the Services agreed with the Client in accordance with these Terms and any associated project documentation. The precise scope, deliverables, and production timeline will be confirmed in the relevant project agreement prior to commencement.
All Services will be carried out with reasonable professional skill and care, in keeping with accepted standards within the book publishing industry. We assign suitably qualified team members to each project based on its requirements.
Any modification to the agreed project scope must be confirmed in writing by both parties. Scope changes arising after project commencement may result in revised timelines and additional fees, which will be presented for the Client's approval before any additional work proceeds.
Please Note: Scope changes requested mid-project may extend delivery dates and attract additional charges. All requests for changes must be submitted in writing and formally agreed before the additional work is undertaken.
The Company will use reasonable endeavours to meet all agreed production milestones. Stated delivery dates are estimates unless expressly confirmed in writing as firm deadlines. Delays attributable to the Client — including late provision of materials or feedback — or to circumstances outside the Company's reasonable control will result in corresponding timeline adjustments.
To enable the Company to deliver the Services effectively, the Client agrees to:
The Client confirms that any manuscripts, images, text, or other materials supplied to the Company are either original works of the Client or materials for which the Client holds all necessary rights and permissions. The Client accepts responsibility for ensuring that supplied materials do not infringe upon any third-party intellectual property rights.
The Client is expected to review and respond to submitted deliverables within the timeframes set out in the project agreement. Where the Client does not provide feedback within the agreed period, the Company may treat the submission as approved and proceed accordingly. Delayed approvals may affect overall project timelines.
The Client agrees to pay the fees confirmed in the applicable project agreement or quotation. All fees are stated exclusive of applicable taxes unless explicitly indicated otherwise in the project documentation.
Unless otherwise agreed in writing, the following standard payment structure applies:
Payment is due within thirty (30) days of the invoice date unless alternative terms have been agreed. Overdue invoices may be subject to interest charges at a rate of 1.5% per month, or the maximum rate permissible under applicable law, whichever is lower. The Company reserves the right to pause active work on any project with outstanding overdue invoices.
Unless otherwise agreed, the Client will reimburse the Company for pre-approved out-of-pocket expenses reasonably incurred in delivering the Services. These may include costs such as ISBN registration, stock photography licensing, print proofs, and platform distribution fees.
Important: The Company reserves the right to withhold delivery of completed work until all outstanding invoices are settled in full. Projects with invoices significantly overdue may be placed on hold pending payment.
Upon receipt of full and final payment, all rights to the Deliverables specifically created for the Client under this Agreement transfer to the Client. This transfer is subject to any pre-existing Company materials or licensed third-party components incorporated within the Deliverables.
The Client retains full copyright and ownership of all original manuscripts, content, and creative material submitted to the Company. The Company is granted a limited, non-exclusive licence to use such material solely for the purpose of delivering the agreed Services, and for no other purpose.
The Company retains ownership of all pre-existing templates, tools, design systems, workflows, software, and proprietary methodologies used in the delivery of Services. The Client receives a non-exclusive licence to use such elements only as incorporated into the final Deliverables.
Where Deliverables incorporate third-party elements such as licensed stock imagery, typefaces, or illustrations, the Client is responsible for ensuring appropriate licences are in place for their intended use beyond the scope of this project.
Elite Author Press reserves the right to reference completed projects in its portfolio and promotional materials, which may include book cover images, project summaries, and general descriptions. Clients who require their project to remain entirely private may request complete confidentiality in writing, and the Company will honour that request.
Both parties agree to hold all Confidential Information received from the other party in strict confidence and to use it solely in connection with the performance of this Agreement. This obligation covers unpublished manuscripts, business strategies, marketing plans, pricing information, and any other material not intended for public disclosure.
The obligation of confidentiality does not apply to information that:
Confidentiality obligations under this Agreement will remain in effect for three (3) years from the date of disclosure or from the date of termination of this Agreement, whichever is the later.
Elite Author Press warrants that:
The Client warrants that:
Please Note: Except as expressly stated in this Agreement, the Company makes no further warranties, whether express or implied. The Company does not warrant or guarantee any particular level of sales, commercial success, bestseller status, or market reception for any published work.
The Company's total aggregate liability to the Client arising from or in connection with this Agreement — whether in contract, negligence, or otherwise — will not exceed the total fees paid by the Client to the Company in the twelve (12) months immediately preceding the event giving rise to the claim.
Important: Neither party will be liable to the other for any indirect, special, incidental, or consequential loss or damage arising under or in connection with this Agreement, including but not limited to loss of anticipated profits, loss of revenue, loss of data, or business interruption — even where that party has been advised of the possibility of such loss.
The above limitations do not apply in respect of:
Either party may terminate this Agreement by giving thirty (30) days' written notice to the other. Where the Client terminates for convenience, fees for all Services performed and reasonable expenses incurred up to the effective date of termination remain payable.
Either party may terminate this Agreement with immediate effect by written notice if the other party:
Upon termination of this Agreement:
The provisions relating to confidentiality, intellectual property, limitation of liability, and dispute resolution will survive termination of this Agreement.
In the event of any dispute arising from or in connection with this Agreement, the parties agree to first attempt resolution through good faith discussion. Either party may initiate this process by providing written notice to the other setting out the nature of the dispute.
Should good faith negotiation fail to resolve the dispute within thirty (30) days of the initial notice, the parties agree to refer the matter to non-binding mediation before a mutually agreed independent mediator. The costs of the mediator will be shared equally between the parties, with each party bearing its own legal costs.
Any dispute not resolved through mediation will be finally determined by binding arbitration conducted in accordance with the rules of the American Arbitration Association. Arbitration proceedings will be held in the agreed jurisdiction, and any award rendered may be enforced in any court of competent jurisdiction.
This Agreement is governed by and construed in accordance with the laws of the United States and the State of Texas, without reference to its conflict of laws provisions.
This Agreement constitutes the entire understanding between the parties with respect to its subject matter and supersedes all prior discussions, negotiations, and agreements whether oral or written.
No variation or amendment to this Agreement will be effective unless made in writing and signed by authorised representatives of both parties.
Neither party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party, except in connection with a merger, acquisition, or transfer of the whole or substantially all of a party's business.
The parties enter into this Agreement as independent contractors. Nothing in this Agreement creates or implies any partnership, joint venture, agency, franchise, or employment relationship between the parties.
Neither party will be in breach of this Agreement or liable for any failure or delay in performance where such failure or delay arises from events or circumstances beyond that party's reasonable control, including natural disasters, pandemics, acts of government, civil unrest, or telecommunications failures.
If any provision of this Agreement is found to be invalid, unlawful, or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions will continue in full force and effect.
A failure or delay by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy, nor does it prevent or restrict the further exercise of that or any other right or remedy.
All notices and formal communications required under this Agreement must be in writing and delivered by email with read receipt, courier, or recorded postal service to the addresses specified in the project agreement or as otherwise notified in writing.
This Agreement may be executed in one or more counterparts, each of which will be treated as an original. Signatures transmitted electronically, including digital signatures, will be considered valid and legally binding to the same extent as handwritten signatures.
If you have any questions regarding these Terms and Conditions, wish to exercise any right under this Agreement, or require clarification on any provision, please contact our team using the details below. We aim to respond to all enquiries within two business days.
Our team is happy to clarify any aspect of these Terms and Conditions before you begin your project with us.