General contract conditions for the provision of services aimed at self-publishing in paper and/or digital format.

 

 

This document contains the general contract conditions (hereinafter referred to as the "Contract") for the provision of services aimed at self-publishing in paper and/or digital format between Book Editors Group, Via Udine, Volpiano 10088 (To) VAT number 03894020043 and the Author of the Work who owns the domain name “BookEditorsGroup.com”
These general contract conditions apply - subject to subsequent modifications by Book Editors Group - to any Work by the Author, including future ones, for which Book Editors Group is requested to publish in paper and/or digital format.

 

Art. 1 (Subject of the Contract)

1.1 This Agreement concerns the provision by Book Editors Group to the Author of services aimed at self-publishing the Work in paper and/or digital format, and in particular:

  • where publication in paper format, printed reproduction and subsequent marketing of the Work in Italy and/or abroad is requested on behalf of the Author himself, in Italian (or in any case in the linguistic version provided by the Author), or also in other languages chosen by the Author;
  • where publication in digital format (such as "ebook") is requested and where the file is not supplied ready by the Author, conversion into the digital format(s) requested by the Author among those made available by Book Editors Group and/or the distribution through computer networks and/or electronic devices, on behalf of the Author himself, of the Work, in Italian (or in any case in the linguistic version provided by the Author), or also in additional languages chosen by the Author;
  • where publication in digital format (such as "audiobook") is requested and where the file is not supplied ready by the Author, the conversion into the audio format(s) requested by the Author among those made available by BOOK EDITORS GROUP and /or the distribution through computer networks and/or electronic devices, on behalf of the Author himself, of the Work, in Italian (or in any case in the linguistic version provided by the Author), or also in additional languages chosen by the Author if he has the relevant paid translation Editorial Service is requested;

1.2 In addition to the aforementioned services, BOOK EDITORS GROUP will provide the Author, if requested, with additional Editorial and Marketing Services which will in any case be the subject of a different and separate agreement between the parties.

1.3 In accordance with the provisions of the previous paragraphs of this article, the Author is aware that this Contract cannot be qualified as a publishing contract pursuant to and for the purposes of the articles. 118 et seq. of the law of 22 April 1941, n. 633, and subsequent amendments, which - without prejudice to the provisions of the articles. 4 and 5 below – BOOK EDITORS GROUP cannot be qualified as a publisher in the relationships between the parties to this Contract, and therefore art. 122, co. 5, of the aforementioned law n. 633/1941 relating to the minimum number of copies of the Work.

 

Art. 2 (Copyrights)

2.1 The Author transfers non-exclusively to BOOK EDITORS GROUP - with the express right to sublicense to third parties (hereinafter referred to as "Partners") - all the rights necessary for the execution of this Contract. In particular:

  • where publication in paper format is requested, the Author grants BOOK EDITORS GROUP:
    (i) the right to reproduce and/or have the Work reproduced in print;
    (ii) the right to make and/or have made any modification to the Work necessary for its adaptation to the print format;
    (iii) the right to translate and/or have the Work translated into another language(s) chosen by the Author, if the Work is intended to be distributed abroad at the request of the Author;
    (iv) the right to distribute copies of the Work through the intervention of third parties (hereinafter referred to as "Affiliated bookstores" and "Online stores"), throughout Italy and/or abroad;
    (vi) any other right necessarily dependent on the rights indicated above or in any case necessary for the execution of this Agreement;
  • where publication in digital format (such as "ebook") is requested, the Author grants BOOK EDITORS GROUP:
    (i) the right to convert and/or have the Work converted into the digital format(s) requested by the Author;
    (ii) the right to make and/or have made any modifications necessary to the Work for the purposes of its conversion;
    (iii) the right to translate and/or have the Work translated into another language(s) chosen by the Author, if the Work is intended to be distributed abroad at the request of the Author;
    (iv) the right to distribute the Work through computer networks and/or electronic devices, both directly and indirectly, through the online Store intervention, in any way, including its communication to the public, its making available to the public and the distribution of digital copies thereof;
    (v) any other right necessarily dependent on the rights indicated above or in any case necessary for the execution of this Agreement;
  • where publication in digital format (such as "audiobook") is requested, the Author grants BOOK EDITORS GROUP: (i) the right to perform or recite the Work, or to transform it from written to oral form, if appropriate through the intervention of third parties, and to convert it into the audio format(s) requested by the Author;
    (ii) the right to make and/or have made any modifications necessary to the Work for the purposes of its conversion;
    (iii) the right to translate and/or have the Work translated into another language(s) chosen by the Author, if the Work is intended to be distributed abroad at the request of the Author;
    (iv) the right to distribute the Work through computer networks and/or electronic devices, both directly and indirectly, through the online Store intervention, in any way, including its communication to the public, its making available to the public and the distribution of digital copies thereof;
    (v) any other right necessarily dependent on the rights indicated above or in any case necessary for the execution of this Contract.

2.2 The Author declares and guarantees that he is the sole Author as well as the exclusive owner of the rights of economic use of the Work and, in any case, that he can freely dispose of it to the extent necessary for the execution of the Contract. If the Work has been previously published, the Author declares and guarantees that he has not transferred or, in any case, reacquired the rights covered by this Contract and, therefore, can freely dispose of them to the extent necessary to execute the same.

2.3 The Author declares and guarantees that the content of the Work is not contrary to the law and does not violate, either in whole or in part, the rights of third parties.

2.4 The Author undertakes to substantially and procedurally indemnify BOOK EDITORS GROUP and to keep it harmless from any and all losses, damages, liabilities, costs or expenses, including legal fees, deriving from or in any way connected to claims or disputes of subjects third parties relating to the reproduction and marketing of the Work and/or its conversion into digital format and distribution through computer networks and/or electronic devices.

 

Art. 3 (Printing, conversion into digital format and distribution of the Work)

3.1 In order to allow BOOK EDITORS GROUP or its assignees the printing and/or conversion into the digital format(s) (possibly also audio) requested, the Author must send BOOK EDITORS GROUP the Complete work in any editable digital format (e.g. “.doc” “.rtf”, etc.). The Author will be responsible for creating and storing a back up copy of the file containing the Work, thus excluding any liability of BOOK EDITORS GROUP in the event of deletion, corruption or damage to the file itself.

3.2 BOOK EDITORS GROUP will proceed to prepare the file for printing and/or carry out the conversion of the Work into the digital format(s) (possibly also audio) requested by the Author - if necessary after carrying out or have the translation carried out into another language(s) chosen by the Author - and will send the draft of the Work to the latter by email to obtain authorization for publication. The times necessary for preparing the file containing the Work or its conversion into the digital format(s) (possibly also audio) requested by the Author are between 7 (seven) and 60 (sixty) working days and vary depending on the length or size of the Work and its complexity, as well as any Editorial and Marketing Services requested. The Author, having checked the draft, must reply to BOOK EDITORS GROUP with the words "Seen, proceed with publication".

3.3 Where publication in paper format is requested, the printing procedure described in paragraph 3.2 above does not apply to copies of the Work intended to be distributed abroad. The printing of these copies will be carried out directly by BOOK EDITORS GROUP Partners. The Author is aware that prints intended for Online Stores and affiliated bookstores may undergo minimal variations without these being considered errors. The Author is aware that the formats, type of paper and other physical characteristics of the copies intended for distribution abroad or entrusted to Amazon may be different from those of the copies intended for distribution in Italy, without this resulting in any failure or incorrect fulfillment of BOOK EDITORS GROUP's obligations deriving from this Agreement. Information relating to formats, type of paper and other physical characteristics of copies intended for distribution abroad are always defined and chosen at the time of publication of the work.

3.4 Once authorization has been obtained, BOOK EDITORS GROUP will:
for the paper format, to send the Author copies of the Work if requested during the purchase phase and to distribute the same - throughout the Italian territory as well as abroad, where requested - through third party online shops such as Amazon, as well as making it is possible to purchase to order through the network of online stores;
for the digital format (possibly also audio), to the distribution of the Work on online stores.

3.5 BOOK EDITORS GROUP reserves the right in any case to modify, at any time and without the need to notify the Author, the list of affiliated bookstores and/or online stores, excluding some or including new ones. The Author gives the broadest mandate to BOOK EDITORS GROUP, giving it all necessary power, no one excepted or excluded, to accept in its own name and on behalf of the Author the contractual conditions prepared by the affiliated bookstores and online stores - through their respective sites web – for the distribution of the Work. The Author also authorizes BOOK EDITORS GROUP, if required by the contractual conditions of an online Store for the distribution of the Work through its website, to insert electronic information on the rights regime or other forms of social DRM on the Work, or to apply technological protection measures intended to prevent or limit illicit or unauthorized acts with respect to the Work itself.

3.6 The Author is aware that some online Stores, in consideration of their commercial policy, may decide not to distribute the Work, without this being in any way attributed to the responsibility of BOOK EDITORS GROUP. The Author is also aware that the online Stores belong to third parties and that, therefore, BOOK EDITORS GROUP cannot be considered in any way responsible in the event of disservices, interruptions or malfunctions of the websites managed by them through which the product is distributed. 'Opera.

 

Art. 4 (Assignment of ISBN codes)

4.1 The ISBN code (International Standard Book Number) is a unique identifying code at an international level and, although not mandatory by law, its affixing constitutes a de facto standard for the distribution of literary works on the market. In accordance with the above, BOOK EDITORS GROUP will request the ISBN code(s) necessary to identify the Work directly from the store where the work will be published.


Art. 5 (Public selling price of the Work)

5.1 The public sale price of the Work will be freely established by the Author, provided it is above the possible minimum threshold indicated during the publication phase, by the store in question for the publication (Amazon) to guarantee the % of expected royalties. In the event of subsequent distribution of the Work also abroad, the public sale price of the Work in each foreign country will be identical to that applied in Italy, subject to conversion into the corresponding foreign currency.

5.2 In the event that one or more affiliated bookstores and/or online stores, in consideration of their commercial policies, impose a selling price to the public lower than that established by the Author pursuant to paragraph 5.1, BOOK EDITORS GROUP is expressly authorized by the Author to allow such affiliated bookstores and/or online stores to reduce the retail price of the Work.

 

Art. 6 (Initiatives to promote the Opera)

6.1 The Author has the right to undertake, at his own expense, any suitable initiative aimed at promoting the Work, such as the creation of presentations at bookshops or other similar structures.

 

Art. 7 (Fees)

7.1 The Author will be required to pay BOOK EDITORS GROUP the fees for the provision of the printed reproduction service of the paper copies of the Work purchased by him and/or the conversion service into digital format (possibly also audio) as well as of further Editorial and Marketing Services (including any Editorial Service for translation of the Work into another language(s) chosen by the Author).

7.2 Book Editor Group will not personally retain any charges or commissions collected by the Author of the Work after publication.
The only percentage and/or commission due by the Author regarding the royalties collected from sales of the Work will be that requested, regulated and managed by the regulations imposed by the Amazon Store on which the work is published.

7.3 The Author gives the broadest mandate to BOOK EDITORS GROUP, giving it all necessary power, none excepted or excluded, to accept in its own name and on behalf of the Author the contractual conditions prepared by the online Stores for the distribution of the Work.

 

Art. 8 (Term of the Contract)

8.1 This Contract ends when BOOK EDITORS GROUP has sent written confirmation to the Author (by email) of having received acceptance of the Contract itself, and will be valid and effective for an indefinite period.

 

Art. 9 (Withdrawal)

9.1 Either Party may withdraw from this Contract at any time by means of communication sent in writing, including by email, to the address of the other Party. The withdrawal will become effective starting from the 30th (thirtieth) working day following the day on which the withdrawal notice reaches the addressee.

9.2 Upon termination of the Contract, BOOK EDITORS GROUP will promptly remove the Work from the Online Stores through which the Work is distributed, as well as do everything necessary to ensure that the Work is removed, within the times and within the limits in which this is possible technically and contractually, by the online Stores through which the Work is distributed. It is specified that in no case can the delays or failure to remove the products from the online stores be attributable to BOOK EDITORS GROUP. It is also specified that online stores have the right to keep the work's listing on their store without making it possible to purchase it and specifying that the work is out of print.

 

Art. 10 (Privacy)

10.1 BOOK EDITORS GROUP, whose identification data are indicated in the epigraph, informs the Author that it is the owner of the processing of the latter's personal data and that the same data will be processed in compliance with the provisions of EU Regulation 2016/679, with paper, IT and telematic tools and supports for the purposes necessary for the execution of this contract and for the related accounting and tax obligations.

10.2 The data processing is based on the need to execute this Contract and for the fulfillment of legal obligations (accounting and tax) and does not require the provision of consent.

10.3 The data provided will be processed for the entire duration of the contractual relationship and will be deleted ten years after its termination.

10.4 The Author's data may be communicated, for exclusively fiscal purposes, to the Revenue Agency and/or social security bodies and insurance companies to the extent that this is necessary for the purposes mentioned. The data will not be disclosed or transferred to third parties, nor will they be transferred to non-EU countries.

10.5 The provision of the requested data is optional, but necessary to establish the contractual relationship referred to in this Contract and for its execution. Failure to provide data will make it impossible to establish and/or continue the contractual relationship, to the extent that such data is necessary for its execution.

10.6 The Author enjoys the right to access the data, to request rectification and/or portability to another owner, as well as recognizes the right to request the limitation of the processing or to oppose the same and lodge a complaint with the Guarantor for the protection of data data.

 

Art. 11 (Applicable law and competent court)

11.1 The interpretation and execution of this Contract, as well as the relationships between the Parties deriving from it, are governed by Italian law, with express exclusion of the application of the rules of private international law of this legal system.

11.2 Except in cases where jurisdiction is mandatorily established by law, all disputes deriving from, or in any case relating to this Contract, will be subject to the exclusive jurisdiction of the court of Alessandria (Italy), with the Author's express waiver of any exception with respect to this hole.

 

Art. 12 (Invalidity or partial ineffectiveness of the Contract)

12.1 If one or more clauses of this Contract are deemed null, voidable or in any case ineffective by the competent judicial authority, in no case will such nullity, voidability or ineffectiveness have any effect on the remaining clauses, the aforementioned clauses being understood as modified, in accordance with to the presumed or presumable common intention of the Parties, to the extent and in the sense necessary for the competent judicial authority to consider them valid and effective.

 

Pursuant to and for the purposes of articles. 1341 and 1342 cod. civil the Author declares to have read, understood and expressly approves the following clauses of this Agreement:

  • Par. 1.3 (Subject of the Contract)
  • Par. 2.4 (Copyright)
  • Parr. 3.1, 3.6 (Printing, conversion into digital format and distribution of the Work)
  • Parr. 7.1 7.2 7.3(Fees)
  • Parr. 9.1, 9.2 (Withdrawal)
  • Parr. 11.1, 11.2 (Applicable law and competent court)
  • Par. 12.1 (Invalidity or partial ineffectiveness of the Contract).

 

 
 

Information and consent for the processing of personal data

 

(Art. 13 and 14 EU Regulation 2016/679)

 

For the purposes set out in EU Regulation no. 2016/679 relating to the protection of natural persons with regard to the processing of personal data, we inform you that the processing of the personal data of the interested party provided and acquired will be processed in compliance with the legislation set out in the aforementioned Regulation in compliance with the consequent rights and obligations.

 

The data controller Book Editors Group, Via Udine, Volpiano 10088 (To) VAT number 03894020043, informs you: pursuant to art. 13 Legislative Decree 30.6.2003 n. 196 (hereinafter, “Privacy Code”) and art. 13 and 14 EU Regulation no. 2016/679 (hereinafter, “GDPR”) that your data will be processed in the following ways and for the following purposes.

 

1. Object of the Processing

The Data Controller processes personal, identifying data such as name, surname, telephone, e-mail and any attachments.

2. Purpose of the processing

 

Your personal data is processed:


A) for the following Service Purposes:

 

  • conclude contracts for the Owner's services;
  • fulfill pre-contractual, contractual and tax obligations deriving from existing relationships with you;
  • fulfill the obligations established by law, by a regulation, by community legislation or by an order from the Authority;
  • respond to any requests you may have for information and to process and manage purchase orders;
  • allow registration on the website for the publication of the Work
  • fulfill fiscal, administrative and accounting obligations;
  • fulfill relationships with State Administrations, Public Bodies and Private Bodies;
  • exercise the rights of the Owner, for example the right to defense in court and to recover your debt;

     

In this first case, the processing is necessary for the execution of pre-contractual and contractual measures adopted at your request and the processing of data is legitimized by the supply contract of which the User is a party.

 

B) Information and consent to personal data (art. 23 and 130 Privacy Code and art. 7 GDPR) for the following Marketing and Profiling Purposes:

 

  • Send you via e-mail, post and/or text message and/or telephone contacts, newsletters, commercial communications and/or advertising material on products or services offered by the Owner and measurement of the degree of satisfaction with the quality of the services;

 

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