Ebook Services Terms of Service

Our Terms of Service comprise a legal agreement for Web Services Corporation Inc ("WSC") and governs the use of our service by Clients ("Client" or "Clients" or "You" or Your"). We may collectively be referred to as ("WSC") in areas of these Terms of Service. By using our services, you agree to be bound by these terms. If you do not agree to these terms, do not use our services. Any rights not expressly granted herein are reserved by WSC.

Inquiries regarding any of our terms and policies should be directed to:

dcc.admin [at] digitalcontentcenter.com

Authorization

By signing our work order contract you acknowledge and agree that:

  • The price, specifications, and conditions are satisfactory and are hereby acceptable to you;
  • WSC is authorized to perform the work as specified;
  • You have read the terms of service;
  • You agree and accept the terms of service;
  • You authorize WSC to charge your credit card account for the service;
  • If you make any changes to the scope of the work to be performed by WSC on your behalf, which differs from the services stated in the contract you authorize WSC to charge your credit card for all additional services;
  • If you are ever in default of payment to WSC, then WSC shall have the right to withhold the final product until final payment is made;
  • WSC shall not be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that results or have alleged to have resulted from withholding final product.

Services Provided

  • Convert electronically formatted book manuscripts to ebooks in the Kindle (mobi, azw, prc) and ePub (epub) Formats.
  • Text update and formatting upgrade services with Author Assurance™.
  • Submission services to Direct Sale Vendors with Author DSV Submission™.
  • Creation of Professional Ebook Cover Designs (standard and 3D).
  • Creation of and hosting for Ebook MicroSites™.

Author Assurance™ can only be purchased at the time of the original order and up to 10 days after final delivery of the ebook files.

Ebook MicroSites™ are all inclusive packages that include a custom built website for a year, domain name for a year, hosting services for a year, Digital Content Center Basic Service for a year, and site adjustments for a year. All text content, stock images, logos, etc... are to be supplied by the client in electronic format prior to the start of the project.

Ownership

Your Original Manuscript

You always maintain ownership of your manuscript at all times.

Converted Ebooks

You will own the ebooks that we produce after payment in full is received and the project is completed.

The process and procedures that we use to convert and format your manuscript are proprietary and confidential. You do not own the intellectual property rights to our process, logic and procedures.

Author DSV Submission™

When submitting to Direct Sale Vendors each vendor may have their own ownership rights policies. We advise all clients to refer to each Direct Sale Vendor to make sure the Direct Sale Vendor Policies are clear and can be agreed to.

Ebook Cover Designs

You will own any cover designs that we produce after payment in full is received and the project is completed.

Ebook MicroSites™

Ebook MicroSites™ are exclusive to our Digital Content Center Service and cannot be hosted on 3rd party hosting services. You do however own the content that is posted to the Ebook MicroSite™ and the domain name after payment in full is received and the project is completed.

Guarantee

Amazon Kindle Direct Publishing Platform

We guarantee our conversion services to pass technical specification guidelines for the Amazon Kindle Direct Publishing Platform as outlined here.

We do not guarantee that your ebook will be accepted to the Amazon Kindle Direct Publishing Platform. We also do not guarantee that the technical specifications will not change from this Direct Sale Vendor.

Barnes and Noble Pubit Publishing Platform

We guarantee our conversion services to pass technical specification guidelines for the Barnes and Noble Pubit Publishing Platform as outlined here.

We do not guarantee that your ebook will be accepted to the Barnes and Noble Pubit Publishing Platform. We also do not guarantee that the technical specifications will not change from this Direct Sale Vendor.

Apple iTunes Connect Publishing Platform

We guarantee our conversion services to pass technical specification guidelines for the Apple iTunes Connect Publishing Platform as outlined here.

We do not guarantee that your ebook will be accepted to the Apple iTunes Connect Publishing Platform. We also do not guarantee that the technical specifications will not change from this Direct Sale Vendor.

Author DSV Submission™

We guarantee that we will do everything in our power to submit your ebook to the Direct Sale Vendors that we work with including Amazon, Apple and Barnes & Noble.

We do not guarantee that your ebook will be accepted to any of the Direct Sale Vendors Self Publishing Platforms.

Support

Ebook Conversion

After completion and delivery of the ebook files we allow a single set of adjustments within a 10 day time period if desired. Please make sure that all adjustments are outlined within a single list. If adjustments are desired after the 10 day time period and Author Assurance™ has not been purchased the adjustments will be billable.

Consultation on submission to Direct Sale Vendors is available for 30 days after the final delivery of the ebook files.

Author Assurance™

After completion and delivery of the ebook files we will provide unlimited text adjustments for up to one year.

We will also provide formatting upgrades should technical specification guidelines change for Direct Sale Vendors (Amazon, Apple, and Barnes & Noble).

Author DSV Submission™

No support is provided for Direct Sale Vendor Platforms due to the fact they are not applications that we own or operate.

Ebook Cover Designs

After completion and delivery of the ebook cover files we allow a single set of adjustments within a 10 day time period if desired. Please make sure that all adjustments are outlined within a single list. If adjustments are desired after the 10 day time period the adjustments will be billable.

Ebook MicroSites™

Adjustments to Ebook MicroSites™ are included with your package. All text content, stock images, logos, etc... are to be supplied by the client in electronic format.

Fees & Refunds

All fees and payments are in U.S. Dollars.

We accept Visa, MasterCard, Discover Card, American Express and Company Checks. Your payment via credit card shall be done at your own risk. WSC shall protect your credit card number within its business office. However, WSC shall not be liable for any unauthorized use of your credit card by persons other than WSC, or its officers and employees. Under no circumstances shall WSC or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages that result or have alleged to have resulted from the unauthorized use of your credit card by persons other than WSC, or its officers and employees.

All credit card charges will appear as Web Services Corporation Inc. on your bank card statement.

WSC uses Industry Standard 256bit Encrypted Secure Socket Layers to process credit cards. All of our services require pre-payment unless otherwise approved by WSC.

There are no refunds for our services. Prices are subject to change without notice.

Renewal of our Ebook MicroSite™ Services are yearly. The breakdown is as follows:

  • Domain Name - $14.95
  • Ebook MicroSite™ Hosting - $119.40
  • Total Yearly Renewal Cost - $134.35

Completion Policy

Ebook Conversion

Completion time for ebook conversion and formatting is determined by several factors including client participation, current programming schedule, calendar scheduling and complexity of your manuscript. Most ebook projects take 48 hours to complete.

WSC will attempt to provide a time line for all projects at contract signing but know that the factors above may at any time change the completion date. A final manuscript in word format, all manuscript images, and all metadata is required to start a project.

Author DSV Submission™

Completion time for Direct Sale Vendor Submission cannot be provided. Approval is based on those services and is not guaranteed.

Ebook Cover Designs

Completion time for an ebook cover design is determined by several factors including client participation, current programming schedule, calendar scheduling and complexity of the design. Most ebook cover projects take 3-5 days to complete.

WSC will attempt to provide a time line for all projects at contract signing but know that the factors above may at any time change the completion date.

Ebook MicroSites™

Completion time for an Ebook MicroSite™ is determined by several factors including client participation, current programming schedule, and calendar scheduling. Most Ebook MicroSite™ projects take 3-5 days to complete.

WSC will attempt to provide a time line for all projects at contract signing but know that the factors above may at any time change the completion date.

Communication and Notices

All official communication between WSC and Clients as well as notices set forth within this agreement shall be by e-mail to the client primary email address on record. It is sole responsibility of the client to ensure that the e-mail address listed with WSC is accurate and up to date.

In the event WSC sends official notice to an e-mail address that is no longer valid for Client, such notice shall be deemed delivered per this agreement.

The information provided by WSC to you is proprietary in nature. You agree not to share any information provided to you by or on behalf of WSC with any third party.

Clients shall send notification and official communication to WSC through email (dcc.admin [at] digitalcontentcenter.com) or in writing delivered to: Web Services Corporation Inc. P.O. Box 22682, Knoxville, TN, 37933.

Disclaimer and Indemnification

In no event shall WSC be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or any damages whatsoever including, without limitation to damages for loss of use, data, accounts, revenues or profits, arising out of or in any way connected with the use or performance of our ebook formatting and conversion service or errors, bugs, viruses or other defects.

Submitting your order is done at your own risk and discretion. WSC has no liability if parties other then WSC officers and employees obtain the contents of your submission.

Clients shall defend, indemnify, save and hold WSC harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages asserted against WSC, its officers and employees, that may arise or result from this web site or it's services.

Notwithstanding the above, Client's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the aggregate dollar amount which Client paid for the service preceding the claim or the term of this Agreement, whichever is less. These obligations will survive any termination of your relationship with WSC or your use of our service.

Governing Law

This Agreement, and the performances due hereunder, shall be construed and governed in accordance with the laws of the State of Tennessee. Venue for purposes of any court action shall be in Knox County, TN. As such, all claims concerning this Agreement shall be brought exclusively in the State or Federal courts located in Knox County, State of Tennessee. The parties hereby consent to submit to the jurisdiction of such courts located in Knox County, State of Tennessee and waive any personal jurisdiction or venue defenses concerning said forum. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WSC as a result of these Terms or Service or use of our services.

The parties expressly agree that The Uniform Computer Information Transactions Act or any version thereof adopted by any State in any form ("UCITA") shall not apply to this agreement, including any applicable product agenda. To the extent that UCITA is applicable, the parties agree to opt out of the applicability.

If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. If moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, such provision shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.

No delay or omission on the part of either party to this Agreement in requiring performance by the other party hereunder, or in exercising any right hereunder, will operate as a waiver of any right or rights hereunder. Any and all representations and warranties, indemnification obligations, confidentiality requirements, intellectual property, applicable law, notice, and termination provisions, jurisdictional consents, and this Section shall survive the termination of the Agreement by either party for any reason.

Unless otherwise specified herein, these Terms of Service, and the Privacy Statement constitute the entire agreement between the user and WSC with respect to the WSC System and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WSC with respect to the WSC System.

Non-Disclosure Statement

WSC does not disclose client information, ideas, layouts or overviews deemed confidential by the client to any third parties unless previous authorization has been granted by the client.

Once information is released into the public domain through any means it is no longer considered confidential and WSC is not responsible for the security of any information that was previously deemed confidential.

Updates to Our Terms of Service

Our Terms of Service is periodically reviewed and enhanced as necessary and we reserve the right to modify our Terms of Service at any time. An update date is always provided so that you know when it was updated.

Our terms of service was last updated on 03/01/2011.