Refunds And Termination
Term: This Agreement shall commence upon full execution of an SOW by the parties and thereafter shall remain in effect until terminated by either party as more fully set forth herein.
Termination for Breach. Either party may terminate this Agreement at any time in the event of a breach by the other party of a material covenant, commitment or obligation under this Agreement that remains uncured: (i) in the event of a monetary breach, ten (10) calendar days following written notice thereof; or (ii) in the event of a non-monetary breach after thirty (30) days following written notice thereof. Such termination shall be effective immediately and automatically upon the expiration of the applicable notice period, without further notice or action by either party. Termination shall be in addition to any other remedies that may be available to the non-breaching party.
Termination for Convenience: This Agreement be terminated by either party, for any reason with or without Cause (as defined herein), upon prior written notice to the other party. “Cause” means (a) Client behaves in an abusive or uncivil manner towards the Service Provider (including its employees or business partners); (b) the Client Content fails to comply with the Content Guidelines or any applicable laws, at any time; or (c) if Service Provider receives a formal or informal allegation, complaint, demand or Action in any form made by a third party relating to Client, the Client Content or Client’s royalties.
Obligations Upon Termination. Except as provided for herein, termination of this Agreement for any reason shall not discharge either party’s liability for obligations incurred hereunder and amounts unpaid at the time of such termination. Client shall pay Service Provider for all Services rendered prior to the effective date of termination.
Refund Provisions; Publishing Services. If Service Provider terminates this Agreement without Cause at any time prior to fulfilling the publishing Services, Service Provider will Refund 100% of the Fees. If Client terminates this Agreement, or if Service Provider terminates this Agreement for Cause at any time, or without Cause after Service Provider has fulfilled the publishing Services, refunds will be issued as follows:
(i) For publishing Services prior to submission of Client’s manuscript: (a) 0-30 calendar days after the purchase: 100% of the Fee, less $150 or 10% of the Fee whichever is greater; (b) 31-60 calendar days after the purchase: 50% of the Fee, less $150 or 10% of the Fee whichever is greater; or (c) if more than 60 calendar days after the purchase: no refund.
(ii) After submission of Client’s manuscript but prior to final approval, if the refund is not due to failure to comply with Service Provider’s Content Guidelines after submission but before design work begins; 50% of the Fee.
(iii) After design work begins but prior to final approval; 25% of the Fee.
(iv) After Client have given final approval; no refund.
(v) If at any time, Service Provider terminates this Agreement because Client’s manuscript and/or the Client Content do not comply with the Content Guidelines, in Service Provider’s sole discretion, Service Provider will refund 100% of the Fee, less a content evaluation processing fee of $300.
Refund Provisions; Non-Publishing Services. If Client terminates this Agreement, or if Service Provider terminates this Agreement for Cause at any time, or without Cause after Service Provider has fulfilled Services other than publishing Services, refunds will be issued as follows:
(i) For Services (not included as part of a publishing Package) and prior the beginning of fulfillment such Service(s): (a) 0-30 calendar days after the purchase: 100% of the Fee, less $150 or 10% of the Fee whichever is greater; (b) 31-60 calendar days after the purchase: 50% of the Fee, less $150 or 10% of the Fee whichever is greater; or (c) if more than 60 calendar days after the purchase of Services: no refund.
As used in this Section 10, “fulfilled” or “fulfillment” of a Service occurs either when Client returns the author questionnaire, whether or not fully completed or correct, or when Service Provider or a business partner/contractor notifies Client about the commencement of the applicable Service through an on-boarding email sent by a designated Accounts Manager, whichever occurs first.
