Terms and Conditions

The Book Typesetters

August 2024

These are the Terms and Conditions of Rachael and Nathanael Ravenlock trading as The Book Typesetters (The Book Typesetters).

General
1. ‘Author’ is any person, business or organisation that has contacted The Book Typesetters requesting information, or who has entered into a Contract with The Book Typesetters for the provision of but not limited to professional book typesetting, cover design, training and related services (the Services).
2. ‘Contract’ – The legal agreement between The Book Typesetters and the Author for the provision of Services.
3. ‘Work’ – will be the Work or other written material produced by the Author including the Artwork.
4. ‘Artwork’ – any photographs, drawings, illustrations, sketches, designs, diagrams, maps, charts, or plans intended to be part of the Work.
5. ‘The Website’ – thebooktypesetters.com
6. ‘The Fee’ – The sum payable for the provision of the Services agreed with the Author and any additional sums agreed between the parties.
7. ‘Payment’ – is by bank transfer, cheque, PayPal or through Stripe.
8. ‘Days’ – All the days in a week excluding weekends and Bank Holidays.
9. ‘The Proposal’ – details of bespoke Services offered to the Author and open for acceptance for 30 days.
10. These Terms and Conditions and the Contract will represent the whole of the terms between The Book Typesetters and the Author.
11. By entering a Contract, the Author is accepting these terms and conditions.
12. It is assumed that the Author is engaging Services in the course of a business if they propose to sell or obtain other consideration for the Work. The Author must inform The Book Typesetters if this does not apply.
The Services
1. The Services to be supplied under the Contract will be as set out on the Website, in any email or as contained in any Proposal. Any amendment must be accepted by The Book Typesetters in writing and an additional Fee may be payable.
2. The descriptions of the Services by The Book Typesetters will be as accurate as possible and provided in good faith.
3. In order to proceed with the Contract, The Book Typesetters will require from the Author:
  - Their full contact details.
  - The timeframe they are looking for.
  - Their ISBN number where applicable.
  - The book size.
  - Their printing company/print on demand or eBook distributor.
  - The manuscript.
  - Any Artwork and details of their required position.
  - Contact details of any illustrator, editor, proofreader or other person involved in the production of the book, where appropriate.
4. These are subject to change over time and with the circumstances.
5. The Author must satisfy themselves that the Services as described meet their requirements before entering the Contract. The Book Typesetters are always willing to answer any questions or queries.
6. The Author must accept that the Services supplied may vary slightly from what is set out initially and by entering the Contract the Author accepts this.
7. If the Author has any particular requirements that are essential to them, they must contact The Book Typesetters to discuss the matter before entering a Contract to ensure this is acceptable to The Book Typesetters.
8. The Book Typesetters reserves the right to amend any Contract where in its professional opinion such amendment will lead to an improved result for the Author.
9. The Author must provide details essential for the provision of a logo, printed materials or web and social media graphics as required. An external business may be engaged for these.
10. The Book Typesetters reserves the right to subcontract any Services.
11. If any materials supplied by or on behalf of the Author including but not limited to written materials and Artwork are in the professional opinion of The Book Typesetters not of the appropriate quality for the Services agreed, then The Book Typesetters has the right to reject their use.
The Contract
1. Following initial contact from an Author by phone, email, online form or WhatsApp, The Book Typesetters will gather information required by email, phone call or video call. They will then provide a Proposal by email along with a link to these terms and conditions.
2. The Book Typesetters will seek to establish the genre and content in the initial discussion and the Author must cooperate with answering the questions fully. For Tailored Typesetting, The Book Typesetters will also seek to establish the style. For Fast Formatting, the style is determined by the design selected by the Author.
3. When a Proposal has been accepted by the Author The Book Typesetters will send an invoice for 50% of the Fee, payable within 7 days, and agree a start date with the Author.
4. The Contract is normally made when The Book Typesetters receives payment. However different arrangements can be made with individual Authors as to payment.
5. Should the Author wish to terminate the Contract before completion of the Services the Author will be charged for all costs expenses to date and any losses incurred.
6. The Book Typesetters can terminate any Contract immediately should the Author commit a material breach of the Contract or these Terms and Conditions.
7. The Contract can only be amended with the consent of The Book Typesetters in writing. The Author must accept that requested amendments may incur additional Fees.
8. The Book Typesetters has the right to discontinue the provision of any Services if it believes they could be libellous, illegal or a breach of any third-party rights.
9. The Author shall have no right to seek any cancellation or repayment of the Fee based on the style or composition of any written material or design.
Amendments Allowed
1. a. For cover designs a mood board will be provided and one design chosen from this to be developed. The design is developed from this stage, and unlimited reasonable adjustments allowed.
2. If a new cover design or concept is subsequently required after one has been agreed, then an extra Fee will be charged for the additional work.
3. One round of amendments is included in the Fee for typesetting providing these are minimal.
4. d. Large amounts of amendments or changes to the text will be charged at an hourly rate (currently £40 but subject to change). A minimum charge of one hour will be made. If the text needs to be entirely re-typeset, an appropriate Proposal will be given.
The Author’s Obligations
1. The Author must have a full edit carried out to the Work before it is submitted to The Book Typesetters.
2. It is the Author’s responsibility to check the accuracy of any work before signing it off as complete. The Book Typesetters are not responsible for any inaccuracies, errors or omissions which are present, or that occur in the printing process.
3. If the Author does not provide all the necessary information for the Services to be supplied as soon as possible or by an agreed date, the Author must accept that any delay is their responsibility if due to their actions and can affect the outcome.
4. Information provided by the Author to The Book Typesetters must be complete, accurate and provided in good faith. Any changes in facts must be communicated to The Book Typesetters as soon as possible. The Author accepts that changes could lead to the Contract and/or the Fee being amended to cover the change in circumstances.
5. If The Book Typesetters requires a decision, approval, consent, or any other communication from the Author to provide the Services the Author must provide these as quickly as possible and in any event within a reasonable time. Failure to comply may lead to the Services being terminated or paused.
6. The Book Typesetters will communicate with the Author throughout the Contract by email, phone, or video call as they deem necessary to obtain proper instructions and approvals.
7. It will be the Author’s responsibility to obtain any necessary copyright or other consents, licences or any other permission required for the use of any Artwork, copy or any other matter supplied by the Author to The Book Typesetters for use in the Services. The Book Typesetters will be under no obligation to check these have been properly obtained and the Author will indemnify The Book Typesetters against any claims arising from their use.
Authors using Services for personal use only
1. Any authors engaging the Services to create a Work that is only for use with family and friends and will never be sold or exchanged for any consideration can cancel the Contract made with The Book Typesetters within 14 days of creation and be refunded all monies paid. This does not apply if the contract is made at a face-to-face meeting at the premises of The Book Typesetters. No work will be carried out by The Book Typesetters until the 14 days period has passed.
2. Any Author purchasing a course that is a digital download is unable to download the content until 14 days have passed from the Contract unless they state in writing to The Book Typesetters that they wish to waive the 14-day period.
3. Any Author intending to sell or create other profit from the finished Work is acting in the course of business even if they do not have a formal business created as of yet. They are not a consumer, and the right of cancellation above will not apply.
Undertakings by the Author
1. The Author confirms that they have full authority to enter and perform any Contract and that they are not bound by any previous agreement that adversely affects the Contract.
2. b. The Author confirms that the Work is the original work of the Author or is in the public domain and does not and will not infringe the copyright, design, right, moral right, trademark or service mark or other intellectual property right of any third party.
3. It is assumed that the Work has not been previously published unless the Author informs The Book Typesetter otherwise. If it has been published the Author must have gained the right to republish the Work and will indemnify The Book Typesetters against any claim or expense arising from their failure to do so.
4. The Author confirms that the Work does not and will not contain any obscene, offensive, defamatory, or blasphemous material; contain any material that amounts to a breach of privacy, misuse of private information, contract, duty of confidence, Official secrets Act or contempt of court and will not expose The Book Typesetters to any civil or criminal proceedings.
5. The Author agrees to indemnify The Book Typesetters against any action, claim, proceedings, demands, loss, injury and any costs or reasonable legal expenses incurred, including any matter settled on the advice of counsel, by The Book Typesetters as a result of any breach or alleged breach by the Author of their obligations under the Contract.
Training Courses
1. Details of the training courses and payment methods are on the Website but subject to change over time.
2. Further details of the support for the different courses are provided on the Website but are subject to change over time. Any support is subject to reasonable use.
3. The platform or method of delivery of any course will be subject to change. The Book Typesetters would endeavour to notify any Author who would be affected by any changes to the delivery.
The Fee
1. The Fee must be paid as required on the Website or in accordance with the Proposal or any email and no Contract is made until this is done and no work carried out.
2. Normally following a Proposal, the first 50% of the Fee is payable before the Contract is made. The final 50% is payable once the Author has confirmed that they accept the proofs provided. Once this payment is made the Author will be sent the final files.
3. Individual payment arrangements may be made with certain Authors.
4. In the event of continuous late or non-payment of invoices, The Book Typesetters reserves the right to request full payment in advance before any future Services are supplied.
5. If an Invoice is not paid within 30 days of issue, then interest at 8% per annum above the current Bank of England base rate will be payable together with the current recovery fees.
6. All invoices must be paid in full without set-off, deduction or counterclaim.
7. The final files and all other paperwork will be retained by The Book Typesetters until the Fee is paid in full.
Amendments to the Fee
1. Significant or numerous amendments requested after The Book Typesetters have started work may be charged an additional Fee at the current hourly rate.
2. The Fee includes one round of amendments to the typeset text. Any further rounds required or if any amendment requires re-typesetting large amounts of content, then a further Fee will be charged.
3. The Book Typesetters reserve the right to charge an additional Fee if the Services require the purchase of additional materials which the Author has specifically requested such as, but not limited to, the use of a specific font that they do not already own, the creation of bespoke images and graphics or the purchase of images and printed materials.
4. The Author will be informed by email if there is work that will incur an extra Fee. Either a figure will be given or if appropriate an estimate given if the Fee will be on an hourly basis.
Cancellation Policy
1. If the Author wishes to postpone an appointment for a meeting with The Book Typesetters, they must give a minimum of 48 hours’ notice and reschedule the appointment within seven days. If such notice is not given the appointment will be charged.
2. The Book Typesetters retains the right to postpone any appointment or course if due to circumstances beyond their control such as illness. These will be rescheduled at a time convenient to The Book Typesetters and the Author.
3. If the Author wishes to cancel a Contract, then they must inform The Book Typesetters and both parties will seek to resolve any issues that have arisen. If not possible the Author is liable for all work and expenses and losses incurred up to the date of cancellation. No materials will be handed over until the invoice is paid in full.
Completion
1. Any timeframes given will be the appropriate period The Book Typesetters require to complete the Services to their normal standard but is an estimate only. They aim for a two-week turnaround period for a standard Contract from the agreed start date. This applies only if The Book Typesetters have received the necessary information and documents by the start date.
2. The completion date can be four to eight weeks from the start date for various reasons including but not limited to, if a large number of images or illustrations are included, the complexity of the design and typesetting required, the length of the Work, whether images have to be sourced and the number of amendments required.
3. If additional professionals such as proofreader or illustrator are involved this can lead to a longer completion time. This requires the additional professional to produce their contribution promptly and this is outside the control of The Book Typesetters.
4. If the Author does not supply information when requested or materials including information and Artwork promptly, they must accept that completion will be delayed.
5. The Book Typesetters will inform the Author of any unforeseen delays that arise and will do their best to resolve the issues as soon as possible. The Book Typesetters are not responsible for delay caused by matters beyond their control.
6. Time is not of the essence with delivery. The Book Typesetters will not be liable for any loss or damage suffered by the Author or any third party through any reasonable delay due to unforeseen circumstances.
7. If the Author requires delivery by a certain date, then this must be communicated in writing to The Book Typesetters before the Contract is entered. The Book Typesetters is only bound by such date if they confirm acceptance of this in writing.
Limitation of Liability
1. Should The Book Typesetters be prevented, hindered or delayed from performing their obligations under the Contract by circumstances outside of their control (including without limitation acts of God, flood, drought, earthquake, other natural disasters, epidemic or pandemic, a terrorist attack, war, civil commotion or riots, war, the threat of or preparation for war, armed conflict, the imposition of sanctions, embargo or breaking off diplomatic relations, nuclear, chemical or biological contamination, any law or action by government or public authority, the collapse of buildings, fire explosion or accident, any labour dispute or strike, non-performance by suppliers or subcontractors, interruption or failure of utility service, any action or order from the government, travel restrictions )The Book Typesetters shall be relieved from performing their obligations and will not be in breach of the Contract or otherwise liable for any such failure or delay in the performance of such obligations.
2. The liability of The Book Typesetters to the Author shall not exceed the Fee and any expenses charged.
3. The Book Typesetters is not liable for any indirect or consequential losses to the Author or any third party.
4. The Contract is exclusive to the Author and no third party shall have any rights under that Contract.
5. The Book Typesetters has no liability for any loss of profits, goodwill, reputation, special or indirect losses or any other business losses.
6. The Book Typesetters does not exclude liability for death or personal injury caused by the negligence of The Book Typesetters or their employees, agents or subcontractors or fraud or fraudulent misrepresentation.
7. The Author is liable for any reasonable costs, liability, damages, loss, claims, or proceedings arising from loss or damage to any equipment including that of any third party caused by the Author, its agents, or employees.
Intellectual property
1. The Author will retain the copyright in all text and Artwork they provide to The Book Typesetters unless agreed otherwise.
2. The Book Typesetters will retain the copyright in the design files they produce including files they provide for review in the course of the project. This will include any materials or Artwork produced by any third party engaged by The Book Typesetters.
3. The Author will be provided with JPG, PNG, PDF, ePub, and HTML files and given a licence by The Book Typesetters to use these for the production of their Work covered by the Contract. The Author will not be given the design files used to produce these files.
4. If the Author wishes to use any Artwork in the Work that are produced by a third party engaged by them, they must provide a written agreement between themselves and the third party confirming that the copyright in such Materials has been passed to the Author to use as they wish.
5. All copyright, trademarks and all other intellectual property rights in all Services not mentioned above, materials or copy provided by The Book Typesetters shall remain always vested in The Book Typesetters. Any attempt to copy any documents, Artwork or materials, or reproduce, transmit, publish, display, exploit, or create derivative items shall render the Author liable for damages.
6. If the Author wishes to use the Services in any way beyond the Contract, they must obtain written consent from The Book Typesetters and pay any Fee requested before doing so.
Confidentiality
1. The Book Typesetters will keep all information supplied to them by the Author not in the public domain in connection with the Services private and confidential and this will continue for a period of two years after completion of the Services. The Book Typesetters may disclose such information to any subcontractor, supplier, or employee to the extent necessary to provide the Services.
2. The Book Typesetters reserve the right to use the Author’s name, cover designs, a few pages and publisher logo in their own marketing materials e.g., website, social media, and other marketing channels, as examples of their work. The Author must inform The Book Typesetters if they do not want them used in this way especially if they wish to reveal the Work themselves.
3. The Author will keep all information it discovers about The Book Typesetters and its employees strictly confidential. This includes information relating to their business methods, practices, employees, contractors and includes all information whether labelled as Confidential or not. This continues after completion of the Services.
Third Party Contractors
1. The Book Typesetters reserve the right to engage third party professionals to provide services as needed. eg illustrators, editors.
2. Some will be engaged directly by The Book Typesetters and their charge included in the Fee.
3. Some will be referred to the Author and engaged by the Author directly. The Author will have the final decision as to if the third party are engaged and be solely responsible for payment of their fee.
4. The Author will be advised if they will be engaging the third party directly themselves and be able to decide if they wish to proceed with them.
Data Protection
1. All personal data supplied to The Book Typesetters by the Author will be kept safely in accordance with the UK General Data Protection Regulations (GDPR)and general UK legislation as set out in their current Privacy Notice.
2. The Author will similarly comply with all current data protection legislation when dealing with data regarding The Book Typesetters.
Complaints
1. The Author must raise any problem or complaint it has with the Services immediately the issue arises, and The Book Typesetters will seek to find a mutually acceptable solution.
2. The complaint must be put in writing within 7 days addressed to The Book Typesetters who will take steps to consult with the Author and find a solution.
3. The Author must, in any event, raise any Complaint about the Services within 14 days of the final Invoice being raised by The Book Typesetters or completion of the Services whichever is later.
Severance

If any part of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the terms and conditions and shall not affect the validity and enforceability of any of the remaining provisions.
Waiver

The waiver by The Book Typesetters of a breach, default, delay, or omission of any of these terms or the Contract by the Author will not be construed as a waiver of any preceding or subsequent breach of the same or other provisions.
Transfer

The Author may not transfer any of their rights under the Contract to any third party.
Law

These terms and conditions and any dispute or claim arising from or in connection with them or the Contract shall be governed by the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to deal with any dispute or claim arising from these terms and conditions.