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Our General Terms and Conditions

The following Terms & Conditions set out the legal basis upon which My Ebook (Pty) Ltd, a company duly registered in terms of South African law under registration number 2015/290350/07 (MYeBook) or its Partners, shall provide Products and/or Services to its Client(s). Acceptance by the Client of any MYeBook Quotation, Product and/or Service indicates the Client’s explicit and/or tacit acceptance of the Terms & Conditions set out herein below, and/or incorporated herein by reference.

 

1. Services and Project Specifications

1.1.    Project Specification refers to the aggregation and scope of the Services to be undertaken and delivered by MYeBook and its Partners, chosen and paid for by the Client and as set out in the Quotation. The scope and extent of the Client’s Project must be clearly communicated to MYeBook.

1.2.    MYeBook offers a variety of Services and makes use of a number of Partners to administer and complete the Services. MYeBook shall procure that these Terms and Conditions are applicable to any such Partners who provide Services to the Client, mutatis mutandis.

1.3.    Prices displayed on the MYeBook website for the individual services are guidelines only and may be adjusted upwards depending on the extent of the Project, complexity and format of documents provided, Partner price increases, tight deadlines provided by the Client, and/or other factors. Clients will be quoted accordingly.

1.4.    Each Service offered and provided by MYeBook and its Partners entails its own process. By agreeing to these General Terms and Conditions the Client is also bound by the Terms and Conditions of each specific Service used and paid for, which will be incorporated as if set forth in full herein:

1.4.1.    Editing Terms and Conditions.

1.4.2.    Cover Design Terms and Conditions.

1.4.3.    Illustrations Terms and Conditions.

1.4.4.    Typesetting Terms and Conditions.

1.4.5.    eBook Conversion Terms and Conditions.

1.4.6.    Amazon Publishing Terms and Conditions.

1.4.7.    Website Design Terms and Conditions.

1.5.    The Client must supply all the requested and necessary information to MYeBook in order for MYeBook to issue an accurate and binding quotation and complete the Services effectively and efficiently.

1.6.    The Client must communicate her/his/its requirements and scope of the work to be done by MYeBook clearly.

1.7.   MYeBook will provide the Client with a Welcome Letter and Questionnaire at the start of the process of each main Service, at MYeBook’s discretion. The Client undertakes to read the Welcome Letter properly in order to better understand the process and fill out the Questionnaire completely and accurately.

 2. Communication

2.1.    MYeBook and its Partners can only be contacted during normal business hours i.e. 8:00 to 17:00, Monday to Friday. Any communication sent by a Client outside these times will be attended to during business hours during the next business day.

2.2.   Communication between the Client and MYeBook and its Partners will take place via emails or phone calls. WhatsApp is an inappropriate communication method and MYeBook and its Partners retains the sole discretion to respond to messages received via WhatsApp from Clients.

2.3.    MYeBook’s Services are completed online, therefore communication will be limited to emails and phone calls and MYeBook has the sole discretion to schedule face-to-face or Skype meetings.

2.4.    Clients undertake not to send numerous emails in a short period of time to MYeBook and its Partners and to comply with email etiquette at all times.

2.5.   The Client, MYeBook, and its Partners undertake to communicate courteously at all times. Swearing, insults, threats, and screaming will not be tolerated under any circumstances.

 

 3. Expectations and Undertakings

3.1.  The Client acknowledges that MYeBook’s Services are undertaken and completed exclusively online; MYeBook is not an IT company and cannot assist Clients with any IT-related problems. Clients are expected to be computer literate/tech savvy or employ the assistance of someone who is.

3.2.    Clients undertake to do the necessary research and homework in order to better understand the self-publishing process. Frequently asked questions and answers can be found on MYeBook’s website.

3.3.    MYeBook and its Partners undertake to keep any documentation or information provided by the Client safe and confidential in accordance with the requirements of applicable legislation.

3.4.    Clients must inform MYeBook of any deadlines before the Project commences. MYeBook undertakes to attempt to cater for deadlines, however, Clients acknowledge that there are limitations on how much any process can be rushed.

3.5.     If a Client requests that projects be completed within a deadline that is shorter than the quoted lead time, such Client will be required to pay the full quoted amount upfront before work on the project commences, subject to Clause 5.5.

3.6.    Timelines provided for on the Quotation or otherwise are guidelines only. MYeBook and its Partners undertake to work expeditiously to complete the quoted Products and/or Services within the Project Specifications and timeframes indicated; external factors may however delay the process.

3.7.     MYeBook cannot be held responsible for delays outside of their control.

3.8.    MYeBook assists their Clients with Services in relation to the publication process in relation to their written/audio books. Nothing in these terms shall be construed as creating any expectation or guarantee of any level of income, profit, or royalties from the sale of such written/audio books.

 4. Quotations

4.1.    Quotations are valid for 14 (fourteen) consecutive calendar days from the documented date on the Quotation. This period may be adjusted upwards at MYeBook’s sole discretion.

4.2.    Quotations are only for work specified, additional work or changes will be quoted or invoiced as agreed, separately.

4.3.    In the event that the Client makes a variation to the Quotation, MYeBook will update the Quotation to reflect the Services agreed upon between the parties and shall send a further version of the Quotation to the Client for their acceptance in writing.

 5. Deposits and commencement of work

5.1.    Once the Quotation has been accepted by the Client in writing, the Client must pay at least 60% of the final full amount quoted, if such amount exceeds ZAR 4500, to commence work.

5.2.    If the full quoted amount is ZAR 4500.00 or less, then the quoted amount must be paid in full by the Client to commence work.

5.3.    In the event that the Client only chooses Editing as a Service the full amount for Editing as it appears on the Quote must be paid to MYeBook to commence the Service.

5.4.    Once the amount, payable as stipulated in clauses 5.1. to 5.3. above and in accordance with clause 6 below, is received by and reflects in MYeBook’s bank account, MYeBook will provide the Client with an Invoice for the amount paid by the Client and as reflected in MYeBook’s account.

5.5.    Products and/or Services as described in the Quotation/Invoice will only commence once the Client’s deposit as stipulated in Clauses 5.1. to 5.3. has been confirmed as received by MYeBook.

5.6.    Deposit amounts to commence work, as stipulated above, are non-negotiable.

5.7.    Should the Client pay more than the required 60% Deposit, the balance is refundable within 10 (ten) calendar days should the Agreement be terminated by either party (refer to Clause 13.)  The Deposit (less a cancellation fee determined to be reasonable by MYeBook in its sole discretion) shall be refunded within 10 (ten) calendar days after termination as aforesaid.

5.8.    Any amount paid by the Client in excess of the Deposit as set out herein above, shall not grant or imply any additional right(s) in favour of the Client other than those stipulated in these Terms and Conditions and/or the Quotation.

 6. General Payment Rules

6.1.    Payments must, unless agreed otherwise between the parties, be made into MYeBook’s Business Account as reflected on the Quote/Invoice.

6.2.    MYeBook will only accept Cheques if the Client informs MYeBook before making the payment. The Client acknowledges that Cheques take a minimum of 7 (seven) business days to clear, which will delay MYeBook commencing work as per clause 5.1 above.

6.3.    Payment by Cheque carries a surcharge of ZAR 100 per Cheque and must be added to any amounts paid via Cheque.

6.4.    If the Client makes payment via an ATM Transfer, a ZAR 100 surcharge must be added to the full amount paid via each ATM Transfer.

6.5.    Clients may only pay amounts due into MYeBook’s PayPal Account by prior written arrangement between the parties. Payments made via PayPal shall carry a 5% surcharge of the amount transferred.

6.6.    If the Client is affecting an International Wire Transfer to pay for Services/Products quoted/invoiced by MYeBook, a surcharge of ZAR 500 shall be added to the amount paid by the Client.

6.7.    MYeBook is not a credit service provider and does not grant any credit facilities whatsoever.

6.8.    Client accounts, quotations and invoices do not imply negotiable payment terms.

7. Required Documentation

7.1.    Required Documentation refers to any and all information necessary for the timeous commencement and delivery of Products and/or Services as described in these Terms and Conditions and indicated by the Project Specifications.

7.2.    The Client is to provide all Required Documentation electronically to MYeBook to initiate work on aforementioned quoted Products and/or Services, unless they are to be created as part of the project.

7.3.    The Client’s quoted and accepted Products and/or Services will only be queued and allocated accordingly, after compliance with Clause 7.2. above.

7.4.    If the Client does not supply MYeBook with the Required Documentation within 20 (twenty) calendar days from the date the Deposit reflects in MYeBook’s account, the entire amount of the Agreement becomes due and payable, should the Client choose to continue the Agreement with MYeBook.

7.5.    If the Client still has not submitted or provided all the Required Documentation within 45 (forty-five) calendar days after the date the Deposit reflects in MYeBook’s account or does not respond to communications with MYeBook for a period of 45 (forty-five) calendar days, an additional continuation fee of 15% of the total Quotation(s) will be billed for each month until the quoted Products and/or Services are completed.

8. Copyright

8.1.     All ownership and copyright in and to the final presentation of the deliverables created by MYeBook out of the Products and/or Services will remain MYeBook’s sole and exclusive property until the full, quoted payment amount (“Balance of Payment”) has been paid to MYeBook by the Client. Upon full and final payment being made by the Client, MYeBook shall assign ownership and copyright in and to the final presentation (i.e. only the finished product and not the source design files unless otherwise agreed) of the deliverables created by MYeBook out of the Products and/or Services. MYeBook reserves the right to withhold or revoke any permission given to the Client to use the deliverables created by MYeBook out of the Products and/or Services in the event that the full and final payment is not received.

9. Liability and Indemnification

9.1. The Client warrants to and in favour of MYeBook that any information, including but not limited to, written works, images, footage, online content, documents or designs provided by the Client to MYeBook in connection with Products and/or Services is free from any copyright and/or does not infringe upon any rights of any third party to which the information belongs or all fees, royalties and payments have been made to and permissions granted from the lawful copyright owner.

9.2. Apart from instances of dishonesty or gross negligence, MYeBook will not be liable for loss, damage or delay, including loss of profits and consequential loss, suffered by the Client as a result of MYeBook provision of the Product and/or Services or negligence in respect thereof, including but not limited to spelling, editing, formatting, design or grammatical errors after the Client has accepted the final Product.

9.3. The Client agrees to hold harmless and indemnify MYeBook against any losses, expenses, claims, damage or delay, including loss of profits and consequential loss, suffered by the Client as a result of the utilisation by MYeBook of the services of any third-party suppliers, breach of any intellectual property rights or in the course of providing the Services.

 

10. Reviews and Changes

10.1.    Once the process of each Service has been completed, the Client will be provided with a number of specified days to review the product/service and respond with amendments and/or improvements in writing by e-mail. Please see the specific terms and conditions for the Services offered by MYeBook as listed under Clause 1.3. for review and changes timelines for each Service.

10.2.    Reviews or Changes that fall outside the scope of the original Project Specifications, referred to as Scope Creep, will be quoted and invoiced over and above the original Quotation. Please see the specific terms and conditions for the Services offered by MYeBook as listed under Clause 1.3. for Scope Creep for each service.

10.3.    Should MYeBook not receive a reply within the specified time via e-mail, the specific Service will be considered as complete. Therefore, MYeBook and its Partners take no responsibility for content, design or other errors thereafter.

 

11. Completion Date and Balance of Payment

11.1.    The Completion Date of the Project or Service is affected by feedback and content received from the Client. Timeframes will be adjusted within reason, notwithstanding these Terms & Conditions.

11.2.    The Client will be informed once the last Service in the Project Specification, as Quoted for, is about to commence, at which point the Balance of Payment becomes due and payable.

11.3.    MYeBook will invoice the Client for the Balance of Payment. The Balance of Payment as stated on the Invoice must be paid into MYeBook’s stipulated bank and account details as provided on the said Invoice, within 30 (thirty) consecutive calendar days of date of the Invoice. 

11.4.    The General Payment Rules as stipulated in Clause 6 apply mutatis mutandis to the Balance of Payment.

11.5.    The Completion Date is the date on which the final Service, as quoted for, is completed, subject to Clause 10 above.

11.6.    Once full and final payment has been received, MYeBook will hand all remaining documents and information over to the Client at which point ownership of the work passes to the Client. MYeBook undertakes to keep copies of all work completed as far as possible for future use by the Client, but the ultimate responsibility for the completed work/documents lies with the Client once ownership has passed.

11.7.    Please note that any further adjustments or amendments after the Completion Date will be at an additional cost as set out in Clause 12.

 

12. Additional Work

12.1.    Additional Work requested and agreed to, or any other work in progress for the Client after the Completion Date of the original Agreement, will be billed separately in accordance with these Terms and Conditions, quoted and agreed to.

12.2.    All payment(s) and timeframe(s) as set out in these Terms and Condition shall apply to such Additional Work, mutatis mutandis.

12.3.    Scope Creep will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and Project Specifications with MYeBook remains the responsibility of the Client.

12.4.    MYeBook may suggest Additional Work for the Client’s project. MYeBook will issue the Client a Quotation for such Additional Work.

 

13. Legal Costs

13.1.    Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from MYeBook’s legal representative(s), and the full outstanding balance becomes payable.

13.2.    All legal costs resulting from non-payment will be accrued to the Client’s outstanding balance.

14. Cancellations

14.1.    Cancellations of the Project or specific Service by the Client will only be accepted if such cancellation is communicated to MYeBook directly in writing via email.

14.2.    MYeBook reserves the right at its discretion to cancel this Project or Services should the Client breach any of the Terms and Conditions stated herein.

14.3.    At the date of cancellation, all Fees up to that point of work will be calculated. If the Fees calculated are greater than the amount paid by the Client up to date, the Client will be invoiced accordingly, and the amount will be payable to MYeBook within 7 (seven) calendar days of Invoice date. 

14.4.    MYeBook will refund Clients amounts paid that exceed the calculated fees within 14 (fourteen) days of receiving the notification of cancellation in writing. 

14.5.    Fees will include work done on specific Services up to that point as well as an administration fee for time spent by MYeBook and its Partners dealing with the Client and administering the Project and/or Services.

 

15. Force Majeure

If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under this agreement, whether timeously or at all, due to an act of God (which for the purposes hereof shall mean war, political riots, civil commotions, insurrection, sabotage, legal prohibitions or restrictions, epidemic, pandemic, widespread disease, fire, floods, storms, earthquakes or other similar natural disasters), then such failure shall not constitute a breach under this agreement, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned thereby.

16. General

15.1.    MYeBook reserves the right to make changes to these Terms and Conditions at any time without prior consent of any or all of their Clients or Partners.

15.2.    These Terms and Conditions are legally binding in accordance with the publishing date hereof, as incorporated on MYeBook’s own website, and date of requesting a Quote and receiving the same.

15.3. MYeBook is a service provider and has no employment relationship with the Client. Nothing contained in these Terms & Conditions shall be deemed to constitute a partnership, joint venture, employer/employee agreement or the like between them. MYeBook shall not, by reason of the actions of any of the other parties, incur any personal liability as co-partner to any third party.

15.4. These Terms and Conditions shall be governed by and interpreted in accordance with the law of the Republic of South Africa.  All disputes, actions and other matters in connection with these Terms and Conditions shall be determined in accordance with such law.

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