Special Terms and Conditions for Book Contracts
§ 1 Definitions and general information
These Special Terms and Conditions for Book Contracts apply for the publication and sale of works by tredition GmbH in addition to the tredition General Terms and Conditions (available for download under GTC). The publisher within the meaning of these Special Terms and Conditions is tredition GmbH, Halenreie 40-44, 22359 Hamburg (hereinafter also referred to as “we”). In all other respects, the definitions, data and addresses correspond to the information in our General Terms and Conditions.
Registered users can publish their work via our internet platform www.tredition.de. We pay a commission for successfully marketed works to the copyright holders. A more precise description of our services is contained in our specification of services, which can be downloaded here.
§ 2 Acceptance of works and contract implementation
(1) By transmitting a work to us for publication, the user (in this case, the “copyright holder”) submits a proposal for us to take over the sale of the work. The book contract is concluded upon our acceptance of the before mentioned proposal after we have reviewed the submitted work.
(2) We are not obliged to accept works and are entitled to reject works without providing reasons. We may make the acceptance of the work dependent on proof of the copyright holder’s entitlement to the work.
(3) If the copyright holder wishes to select an additional distribution channel for a work during the term of the book contract (e.g. publishing a work previously only available as paperback as an e-book or hardcover), a new, separate book contract must be concluded. The same applies for the publication of revisions of previously published works (new editions).
(4) We shall provide a cover designer application. Book covers created using the cover designer application may only be used outside our sphere of distribution with our express approval.
(5) We shall define the relevant print and volume run at our discretion, unless a deviating written agreement has been reached between us and the copyright holder.
(6) If the rights holder has agreed that a third party shall publish the work, the publisher may be mentioned on the book cover and in the publishing information at our discretion.
§ 3 Granting of rights
Any regulation on the granting of rights that differs from those defined in this § 3 requires an express agreement to ensure its validity.
3.1 Rights of use
(1) The copyright holder grants us the non-exclusive, territorially unrestricted right to reproduce and distribute (publishing right) all editions of the work without quantitative limitations and for all languages and all formats (e.g. paperback, hardcover and e-book), i.e. the copyright holder remains entitled to market the work independently and commission third parties. In particular, the granting of rights also includes the right of communication to the public, the right to storage, reproduction and the provision and transmission of the work on the internet, mobile networks and other networks, such as closed online services or WLAN networks, e.g. by provision as a download, via streaming, or in another manner.
(2) The copyright holder shall also grant us the following non-exclusive rights for the duration of the right of publishing:
- The right to reproduce, distribute, and digitalize for our internal use and for the technical implementation of our contractual services;
- The right to edit or otherwise redesign the work (in particular, editing and integrating the cover, adding page numbers and formatting as well as print templates (print master);
- The right to adapt the work to current and future reading systems;
- The right to add the work to databases, documentation systems or to similar storage systems (e.g. the internet), and the right to transmit the added work electronically or in a similar manner;
- The right to allow interested parties to view sections of the work or the entire work, free of charge, before making a purchase;
- The right to distribute parts of the text of the work as a sample;
- The right to convert the work into all file formats and codes (especially “ePub”, “Mobipocket” and other file formats) compatible with terminals (e.g. Kindle, Sony Reader, iPad, etc.) available now or in the future, as well as the right to edit the work in any other form in cooperation with the copyright holder, in particular, to hide parts and to connect with text, audio, visual, audiovisual and/or interactive elements (including third party elements);
- The right to sell the work in parts (e.g. in chapters);
(3) Besides sales via our internet portals (especially “tredition.de”), the authorization also includes sales via our cooperation partners (e.g. Amazon). We shall decide on the scope of the sales activities beyond the specifically agreed sales measures at our discretion.
(4) The rights to film adaptations for cinema and television shall be exercised in mutual agreement between us and the copyright holder.
(5) We may name the copyright holder in self-promotion activities as well as advertising for the copyright holder’s work.
3.2. Transfer of rights
We are entitled to transfer all of the rights granted to us by the copyright holder as part of the marketing activities to our cooperation partners for marketing purposes.
We sell works online and offline as well as via selected partners (e.g. Amazon Search Inside or Google Book Search, “Buchhandel” or pay-per-view providers). The copyright holder grants us the right to use covers, reading samples, the title or other work-related content (especially also the work itself) as part of presentations, on cooperation partner websites and/or in e-mails to market the work or for self-promotion, either independently and/or by third parties; in particular, to reproduce, publish and/or distribute the work for these purposes, to provide the name or pseudonym of the copyright holder and to grant partners the rights required for implementation. The copyright holder is not entitled to demand that their work be offered by certain trading partners. However, we shall regularly offer works via all marketing channels with which we have a contractual relationship, if we expect that the work will be accepted by the relevant sales partner.
§ 4 International Standard Book Number (ISBN)
Works published by us receive an ISBN. This ISBN is exclusively reserved for use by us.
§ 5 Price and book remuneration
(1) The copyright holder shall specify the final sale price for their work independently. The final sale price must at least cover the costs for production, logistics and the trade discount and include statutory sales tax. The copyright holder may calculate the final sale price for the work independently using the price calculator. Any additionally agreed publication supplement (profit contribution) shall remain unaffected.
(2) The price must be indicated in US-Dollars and whole cents. We are entitled to adjust the final sale price for online offers and/or online sales platforms of sales partners by up to 20% of the price specified by the copyright holder in order to comply with the general pricing requirements defined by the relevant sales partner (e.g. sales partner specifications that the final sale price must end in USD xx.99) and adjust the price accordingly in the event of changes to the sales tax.
(3) The copyright holder’s effective commission for the relevant work is defined by the commission calculation current at the time of conclusion of the contract. The copyright holder may calculate their individual commission for a work to be published themselves using the price calculator. The commission covers all contractual rights of use and services by the copyright holder.
No entitlement to a minimum commission or the achievement of certain sales numbers exist, unless otherwise expressly agreed in writing.
(4) Commissions shall only be payable for payments actually received for the purchase of the work or its reproductions. Direct sales (sales via our online bookshop) shall be credited to the copyright holder as “direct” sales in the commission account. Sales via other external book sales channels (e.g. via book wholesalers or retailers) shall be booked in the “book retail” sales channel in the commission account.
(5) If we receive returns of the work, the copyright holder’s commission entitlement shall reduce accordingly. Reimbursement takes place by way of settlement on the copyright holder’s commission account, otherwise by subsequent billing.
5.2 Settlement and payment
(1) The copyright holder may view their commission entitlement in their commission account under “My Account“. The copyright holder shall receive a commission settlement at the start of every calendar month for the previous calendar month. We shall pay the commission plus any statutory sales tax to the copyright holder within 30 days of the end of the calendar month (example: The commission for June shall be paid by no later than 30 July). The statement shall at least contain the name of the work, the total sales proceeds and the resulting commission. No personal information on purchasers is provided.
(2) Commissions for direct sales shall be settled at the end of the month, while commissions for sales via the book retail channel shall be settled after three months at the end of the month. The commission shall be paid within 30 days of commission settlement via the payment services provider selected by the copyright holder in their user account. Payment shall exclusively be made in euros and only to the payment service providers and accounts that may be selected in the user account. The copyright holder shall bear any transaction costs. Amounts below $25.00 will remain in the commission account and will be paid out in accordance with this no. (2) only if this amount is exceeded or when the contract is terminated.
(3) If the copyright holder has created the contracted work together with literature partners, the copyright holder may commission us to pay the agreed net remuneration to the literature partners on his/her behalf. The settlement request (i.e. the request to pay the net commission to the literature partner and settlement with the commission payable to the copyright holder, who receives the difference) may be issued as part of the book publication process.
§ 6 Duration and termination of the book contract
(1) The book contract is concluded for an indefinite period. The minimum term amounts to a year from the conclusion of the book contract. Both parties may terminate the book contract at the end of the calendar month upon expiration of the minimum term with a notice period of 30 days.
(2) The right to extraordinary termination for good cause remains unaffected. A right to extraordinary termination exists for us and the copyright holder if we suspend sales on our internet platform. In this case, we shall inform the copyright holder as quickly as possible and inform them of their right of extraordinary termination.
(3) If the book contract is terminated, we are entitled to sell-off the works that exist when the termination takes effect through to the end of the term of the contract plus an additional 6 months under the existing conditions of the book contract. The copyright holder has a pre-emptive right to the books at the internal copy price.
(4) The book contract may only be terminated by the copyright holder by removing the book from “My Account/Book Management”.
(5) In the case of death of the author, the termination of this agreement may be effected by by the person or persons who own and are entitled to exercise a total of more than one-half of that author’s termination interest. If the book contract is entered into with two or more authors of a joint work, termination of the book contract may be effected by a majority of the authors who executed it; if any of such authors is dead, the termination interest of any such author may be exercised as a unit by the person or persons who own and are entitled to exercise a total of more than one-half of that author’s interest.
§ 7 Warranty
7.1 Third party rights
The copyright holder provides their assurance that they are solely authorized to dispose of the copyrights and all other rights to the content of the work and that they have not previously reached any agreements or disposed of these rights, which may affect the sale of their work by us, and that they shall not do so in the future. In particular, this also applies for images and works by any involved literature partners. The copyright holder has obtained the consent of all individuals involved in the work to grant the rights of their contributions pursuant to the provisions in this agreement.
7.2. Conflicting agreements
The copyright holder represent and warrant that he will bear the full and ultimate responsibility for the content of the work. The copyright holder hereby warrants and grants (a) that he has all requisite right, power and authority to enter into this Book Contract and perform his obligations hereunder; (b) prior to his delivery of the work to us, he has or had obtained all rights, clearances and permissions to grant the licenses he grants hereunder that are necessary for us to exercise the rights granted to us under this Agreement without any further payment obligation by us; (c) that all rights, licenses and authorizations he grants hereunder are free and clear of any encumbrances, and this Book Contract does not violate or conflict with any other arrangements, understandings or agreements between the copyright holder and any third party; (d) he will, throughout the whole term of this Book Contract and the sell-of-period according to § 6 (3) of this Book contract, NOT enter into any arrangement, understanding or agreement which may result in a conflict with the rights granted to us under this Book Contract.
The copyright holder guarantees that the work offered for sale by us does not violate any currently applicable law, third party rights or any other applicable legal provisions and that it is free of pornographic, harmful, racist or violence-glorifying content. The copyright holder must inform us of content that contains explicit descriptions and/or representations of force or sexual content when submitting a work.
The copyright holder indemnifies us from all damages and expenses that may arise due to the infringement of third party rights or the requirements under § 7 by works provided by the copyright holder.
§ 8 Production
(1) We use various printing houses in order to ensure efficient and flexible edition management and the optimized servicing of the sales channels. We are responsible for selecting printing houses. Our service does not include the design of publications in specific compliance with a template in every detail. Minor, technical variations in color and design that cannot be avoided when applying due care may arise due to the printing processes and the different materials used and do not represent defective performance. Variations of color from the display on monitors compared to the printed result occur for technical reasons and are also not defects.
(2) If we modify, change or edit certain elements of the work (e.g. special characters, pictures, etc.) in a manner compliant with this contract as part of the production of e-books to convert the cover and book interior created by the copyright holder to a format suitable for electronic distribution (e.g. ePub), these measures do not represent defects.
(3) The offer to convert books into an ebook format only applies to simple continuous texts with a few illustrations or other graphic elements. In the case of particularly complex layouts (e.g. books with mathematical formulas, extensive tables, a large number of illustrations or footnotes), we are entitled to refuse conversion of the book into an ebook format or to submit an offer to the copyright owner for the additional work involved. The copyright owner is not obliged to accept the offer and can decide for himself whether he wants to cover the costs or withdraw from the contract covering the publishing of the ebook. This right of withdrawal does not include other existing contractual relationships.
As of: Septemer 2016
© tredition GmbH
Reproduction and use of these Special
Terms and Conditions, either in full or parts thereof, is prohibited.