TERMS AND CONDITIONS 

                       

These Terms and Conditions apply to the provision of non-packaged services by TSPA THE SELF PUBLISHING AGENCY INC (“TSPA”), including, without limitation, Power Hour, Amazon/KDP Digital Strategy & Upload, Amazon Bestseller Strategy, ISBN Creation, Print Consultation, The Self Publishing Course: Professional Publishing for First-Time Authors, and Bookstore & Media Approach Strategy Session (the “Services” ) to current or aspiring authors (the “A uthor” ) purchasing such Services. 

1. TSPA agrees that it shall render the Services in a prompt, professional and efficient manner. The scope and time expected to be used for the provision of a specific Service is described in these Terms and Conditions and the www.theselfpublishingagency.com/plans. The provision of the Services could be done via telephone or video call, in-person meetings, emails, text messages, private or direct messaging through social media platforms, etc. Therefore, all communications and interactions between the Author and TSPA’s agents, managers, officers or contractors in connection with the Services or this Contract shall be counted towards the hours indicated above. Any Services outside of such scope or that require work in excess of such time, shall be billed separately by TSPA to the Author at the hourly rate of $129. By purchasing the Services, the Author acknowledges and agrees that TSPA shall not be required to perform any services beyond such scope or time, unless TSPA agrees to it and provided that TSPA receives prior payment of the appropriate compensation as explained above.           

2. By purchasing the Services, the Author warrants and represents that (i) it is either the sole author or sole owner of all copyrights to the manuscript (which includes all content therein); and the Author is either the owner of or has secured written permission to use the copyrights and/or trademarks in any associated cover, interior graphics, images, or fonts in the manuscript or otherwise supplied by the Author, (ii) the manuscript, in whole or in part, does not: (a) infringe on any copyright or other intellectual property rights; (b) violate any right of privacy, publicity or other personal or property right whatsoever; (c) contain any libellous matter or matter otherwise contrary to law; (d) contain a recipe, formula, or instruction that may be injurious to the user; or (e) contain any information deemed private by applicable law, including, but not limited to, the social insurance number, date of birth, or private financial information of any person or entity, (iii) all statements asserted as facts in the manuscript are based on the Author’s careful investigation and research for accuracy; and that, as of the date of this Agreement, there have not been previously, and are not now any pending or, to the Author’s knowledge, threatened claims, litigation, or other proceedings pending against the Author by any third party, based on any state of facts that would constitute a breach of any of the Author’s representations and warranties herein, nor have any such claims ever been levied against the Author historically with respect to the content or title of the manuscript or Author’s work, (iv) all information in the manuscript or that the Author otherwise submits or communicates to TSPA is accurate. The Author will immediately notify TSPA and update and/or correct any information which becomes or is discovered to be inaccurate. The Author acknowledges that he/she is solely and fully responsible for the content of the manuscript and that TSPA shall not be liable to the Author, or to any third party or other person or entity for the content of the manuscript or the Work, regardless of whether TSPA had any knowledge or could have reasonably known of any violation of these representations by the Author or that Author’s work or manuscript otherwise violates law. 

3. The Author will not be directly or indirectly involved as owner or ultimate beneficial owner with a business which is in direct or indirect competition with the line of business of TSPA that are the subject of the Services provided by TSPA. 

4. By purchasing the Services, the Author undertakes and agrees to indemnify and hold harmless TSPA, TSPA’s contractors, officers, directors, employees, agents, insurers, contractors, successors, and permitted assigns from and against any claim, cause of action, demand, action, proceeding, losses, liability, cost, expense (including reasonable attorneys’ fees) or damages arising out of or resulting from a breach of contract, including, but not limited to, any breach or alleged breach of any of the Author’s foregoing representations, warranties, and obligations from all liabilities and claims arising out of any breach of the Author’s warranties and representations. If a claim is presented or an action is filed against TSPA alleging that Author’s work infringes upon a copyright or other intellectual property right, or Author’s work otherwise violates or adversely affects the rights of third parties, the Author authorizes TSPA, at TSPA’s election, to defend, negotiate, compromise, or settle such claim or action, subject to the Author’s approval and at Author’s expense. The Author will not settle any claims or actions in a manner that adversely affects TSPA’s rights without prior written consent hand-signed by an authorized representative of TSPA.                      

5. TSPA acknowledges and agrees that all information related to the Services and Author’s work or manuscript, including without limitation, all content, writings, work product, audio tapes, notes and diagrams (“Confidential Information”), is of great value to the Author. Accordingly, TSPA agrees not to divulge to anyone, either during or after the term of this Agreement, any Confidential Information obtained or developed by TSPA while performing the Services. TSPA may only disclose Confidential Information to third parties upon the express written consent of the Author. Notwithstanding any provision hereto, the Author hereby authorizes TSPA’s and any of TSPA’s independent contractors involved in the provision of the Services, to share on their social media, websites, portfolios or other marketing materials, the Work performed for the benefit of the Author, solely with purposes of marketing and promoting their professional services. 

6. By purchasing the Services, the Author acknowledges that TSPA maintains no control over the subjective purchasing decisions of consumers or booksellers, and, consequently, TSPA cannot and does not guarantee sales of the Author’s book or work. TSPA 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.                        

7. By purchasing the Services, the Author agrees that TSPA shall not be liable or responsible for any services or works provided to the Author by any third parties. 

8. Should the Author decide to cancel any of the services covered by these Terms and Conditions, the Author shall not be entitled to any refund unless it has provided notice of the cancellation within 24 hours of paying for the service.                        

9. These Terms and Conditions shall be governed by and construed in accordance with the laws of British Columbia and the laws of Canada applicable in that province, excluding any rule or principle of conflicts of law that may provide otherwise.           

The Self Publishing Plan: Professional Publishing for First-Time Authors: Consists of five pre-recorded sessions. No refunds shall apply for any reason.