Friday March 12 , 2010
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Service Agreements

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S&D Authors

If you have an existing signed author agreement with Schiel & Denver, that agreement may also govern any pre- or post- publication services you hire. Please contact your design team through the Whatever/Whenever system for further details before purchasing.

External Authors

A limited range of Schiel & Denver services can be engaged by external authors, depending upon the availability guide which is displayed in the services area. Please review the following agreements below before ordering any services with our company.

Transcription Agreement

This Agreement is made between SCHIEL & DENVER PUBLISHING LIMITED ("Schiel & Denver") and You ("the Client")

Order Acceptance

All orders are subject to acceptance by Schiel & Denver. An order will only be deemed accepted by Schiel & Denver if we give confirmation to such effect to the Client. Schiel & Denver may in its absolute discretion refuse to accept any order.

Payment for Service

All payments shall be made in full prior to services commencing. No refunds shall be applicable once work has commenced, unless the job remains incomplete.

Use of Services

Schiel & Denver products and services may only be used for lawful purposes. The client accepts that Schiel & Denver does not accept any liability to the Client from any loss or damage however caused (even if Schiel & Denver had been advised of a possibility of such damage arising) resulting from transcriptions provided by or to the Client using Schiel & Denver products or services. Furthermore, Schiel & Denver does not accept any liability for errors or incorrect transcriptions and the Client agrees that it is the Client's responsibility to check transcription work very carefully and ensure that no such errors exist. The Client assumes full responsibility for final proofreading and accuracy of documents, final product or service. Any errors or omissions bought to Schiel & Denver's within 48 hours of receipt will be amended free of charge. Any other additions or amendments made by the Client will be charged. The Client agrees to indemnify Schiel & Denver and keep it indemnified from and against all expenses, costs, damages and awards arising from any claims or actions brought or threatened against Schiel & Denver.

Supply of service

Schiel & Denver's liability to the Client arising from defective products or services is limited (save in respect of death or personal injury) to the amount payable by the Client to Schiel & Denver under this Client Agreement. Schiel & Denver will always endeavour to supply a full service but does not accept liability for failure to supply services caused by any external influences including Acts of God, Fire, Governmental acts, breaks in continuity of electricity supply or telecom link, accident or any other cause beyond the reasonable control of Schiel & Denver. Turnaround times and prices quoted maybe changed without notice.  Schiel & Denver does not accept liability for direct or consequential economic loss (including loss of profit or business).

Confidentiality

Schiel & Denver undertakes not to use in any way for its own account nor for the account of any third party, nor disclose to any third party such information or materials revealed to it by the Client. Schiel & Denver reserves the right to hold information relevant to Client in accordance with the Data Protection Act 1998. This information may be stored in a computerised database and/or in paper format, and will be treated in the strictest of confidence; it will only be used internally by Schiel & Denver, unless otherwise stated.

Dispute Resolution

Any dispute which cannot be resolved (other than the collection of monies due on unpaid invoices) shall be subject to the arbitration of a single arbitrator appointed by agreement between the parties. This clause shall not exclude either party from making an application to the court for injunctive relief.

Legal Jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the State of Texas and the parties will submit to the non-exclusive jurisdiction of the State of Texas courts. The place of performance will be Houston, Texas.

Entire Agreement

This agreement sets forth the entire agreement and understanding between both parties and merges all prior discussion between them.

Website Design Agreement

By purchasing Schiel & Denver's Web Design Services, you ("Client") agree to be bound by the following terms & conditions of service:

  1. Schiel & Denver Publishing Ltd ("Schiel & Denver") requires the total amount due before starting any work on a custom web site design.
  2. All content for the web site is to be provided by the Client.
  3. Schiel & Denver will only use materials that are in accordance with copyright laws and the Client will not provide material to Schiel & Denver for use in a web site design that violates such laws.
  4. Monthly web-hosting and maintenance fees of $19.99 are required; failure to pay will result in suspension of service.
  5. Schiel & Denver shall not be held liable for the accuracy of any information supplied by the Client and contained in Client's website.
  6. Schiel & Denver will be given final approval of a design by the Client before developing the web site. Changes to the design after approval has been given and development has begun are not included in the initial agreement and are therefore billed at an hourly rate.
  7. Schiel & Denver and Client shall agree to a schedule of deadlines before commencing work on a project. Meeting project deadlines will be dependent on the provision of content/information for the project by the Client. Failure by Client to provide content/information promptly will result in the project deadline being re-scheduled.
  8. The cost estimates agreed upon by Schiel & Denver and Client are based on the requirements specified in the Web Design Packages as listed on Schiel & Denver's Website. Any change in the requirements or delays in communication will have a direct impact on the cost of the project.
  9. All payments to Schiel & Denver are non-refundable.
  10. After completion of the service, additional work on Client's website will be charged hourly, and billable in 15 minute increments.
  11. Schiel & Denver sends all invoices on email only and all invoices are due on presentation. Schiel & Denver will provide a private payment portal for Client to settle costs of additional work.
  12. Schiel & Denver will not give out Client’s confidential information, including but not limited to names, addresses and trade secrets. Schiel & Denver agrees to take reasonable precautions to prevent unauthorized disclosure of confidential information.
  13. A valid cancellation will take place if the same is communicated in writing (with authorized signature of Client) and is mutually agreed upon or full and final payment having been received by Schiel & Denver with respect to project.
  14. This Agreement is effective as of the Effective Date and shall continue unless terminated; Schiel & Denver may terminate this Agreement after five (5) days' written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (5) day period; and (c) upon the termination of this Agreement, Customer will pay Schiel & Denver for all Services provided to Customer by Schiel & Denver prior to termination.
  15. Schiel & Denver warrants that the Web site will conform to specifications or acceptance criteria agreed to by the parties when delivered to Customer and for a period of one (1) year thereafter (the "Warranty Period") and that Schiel & Denver will perform the services in material conformity to the specifications contemplated hereunder in a professional and workmanlike manner. Schiel & Denver warranties and representations hereunder will not extend or apply to any Web site modified by any party other than Schiel & Denver. In the event that Customer discovers an Error in the Web site during the Warranty Period, Schiel & Denver's sole responsibility will be to use reasonably commercial efforts to correct such Errors. "Error" means any reproducible error, problem, or defect resulting from (i) an incorrect functioning of the Background Technology that materially affects the functionality of the Web site or (ii) any failure of the Web site delivered to Customer to materially meet the specifications or acceptance criteria. All warranty claims not made in writing within the Warranty Period shall be deemed waived. Schiel & Denver warranty obligations are personal to Customer and may not be extended to any third party.
  16. Except as expressly provided in this Agreement, the Services and Customer Web sites are provided "as is," and Schiel & Denver. expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, noninfringement, merchantability, and fitness for a particular purpose. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Web sites provided by Schiel & Denver to a Customer will be deemed accepted when delivered.
  17. Schiel & Denver reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Schiel & Denver may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Schiel & Denver's posting of any changes or modifications will constitute your acceptance of such changes or modifications.
  18. These terms and conditions apply to custom web design. Other projects or services may be bound by separate terms and conditions.

Promotional Materials Agreement

Payment & Cancellation

  1. All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted.
  2. All sales are final.
  3. Since we customize each order according to your file and exact specifications, no refunds are given once Schiel & Denver has received your necessary materials (i.e., digital files and payment) and starts production on your order. If we verify that we have made an error, we will re-run the order.
  4. We must be notified within 24 hours from delivery of any defects. In order to receive the replacement, customer must return 100% of the defective order at their expense within 5 days of their receipt. We will re-run the order with the original turnaround and send them out via the same paid shipping method.
  5. Shipping is non-refundable.

Submitted Artwork Files

  1. Our prepress department checks all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to Schiel & Denver.
  2. Although we take every precaution to safeguard your materials, we are not responsible for loss or damage of images or artwork.You agree that you will not submit any offensive, indecent or improper material, or any material that could give rise to any civil or criminal liability under applicable law; including any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable.
  3. We will refuse an order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.
  4. Schiel & Denver uses high quality digital printing methods to reproduce artwork from submitted print-ready files as closely as possible, but we are not liable for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Bleeds, Color Variations, Grammar, Damage Fonts, Punctuation, Wrong cuts, Incorrect or Missing Folds, Die Lines, Crop Marks, Transparency, Overprint, Finished Product Size. Schiel & Denver does not make any changes on customer files.

Shipping & Turnaround Time

  1. Printing turnaround time begins when we receive approval for your proof and full payment has been made.
  2. Please note that Schiel & Denver's prepress department is closed Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating printing turnaround time.
  3. Shipping is usually done via UPS, so we cannot ship to P.O. Boxes or APO/FPO.
  4. When choosing a shipping option, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by UPS.
  5. Shipping transit times vary, and Schiel & Denver assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc. Schiel & Denver’s responsibility is limited to preparing your printing order and delivering it to UPS for shipping.
  6. Schiel & Denver is not liable for damages which occur in shipping.

Our experienced book publishing professionals are available to help you choose the right mix of book publishing services and products for your book. Call us toll-free at 888.629.4449 or request a free callback to discuss your book publishing options