BOOK PRINTING REVOLUTION Div. Of MILL CITY PRESS, INC.

BOOK PRINTING TERMS AND CONDITIONS

By clicking “accept” on the button below, you agree to the definitions of services and mutual rights and obligations as listed below. You acknowledge that you the party listed on the Book Printing Revolution (“BPR”) order site electronically affixed to this Terms and Conditions sheet, and that you are legally competent to contract as enumerated herein.

Nature of Services

These Terms and Conditions constitute a contract for book printing services provided by BPR and its contractors and assignees. Customer agrees to supply print-ready electronic files, timely proof approval, and credit card payment as detailed below. BPR agrees to provide timely book delivery within the provisions and standards described here.

Submission of Book – Print-Ready Electronic Files

Books must be submitted in print-ready, PDF format, with 1/4” bleed and fully-designed and finalized covers (front, back, and spine) and layout. “Print Ready” means that the file is:

High-resolution 300 DPI (Dots Per Inch) minimum
Certified PDF with embedded fonts
Deemed printable by our book printing partners after submission

Should BPR or its printing partners not deem the files print ready, you will have the option of canceling your order, less the $99 upload fee, making the required changes using any person of your choice and/or having BPR provide you a quote for the required additional formatting, layout, or other work to make the file print-ready. You further acknowledge that any time required to make the file print-ready will delay the printing process.

You acknowledge that the following files are NOT print ready:

Low-resolution PDFs of your formatted book provided by your publisher or printer
Files containing crop marks or printer's marks
Any other files requiring changes to reach print-ready status

Printing Time Frame

You acknowledge that the printing timeframes below cannot be guaranteed , but are only used as a guide. While the timeframes for completion are fairly accurate, you should order books well in advance of when you need them.

All timeframes below assume that the files are print-ready.

Initial Review of Submitted File – Two to Three (2-3) business days
Delivery of Proof : Seven to Ten (7-10) business days
Completion of Printing after Proof Approved by You:
Softbound: Ten to Fifteen (10-15) business days
Hardbound: Fifteen to Twenty (15-20) business days

Timely Proof Approval

BPR will furnish you with a “physical proof” proof-copy of your book. A physical proof is loosely bound and is not bound like a final, printed book would be.

Your physical proof will be sent by standard-delivery parcel post. Priority delivery is available for an additional $10 fee.

Upon receipt, you agree to promptly inspect the book for overall quality, cover colors, binding, and any other pertinent factors. You agree to promptly log in to your account to indicate approval. (If proof is disapproved for any reason, you agree to provide detailed information as to any defects and requirements for correction.).

Should quality issues arise, BPR agrees to provide best efforts to resolve the issue. However, you agree that the following industry standards for book printing are acceptable tolerances and are not grounds for rejecting your proof:

Cover color: per CMYK standards

Bind standards:

Trim +/- 1/16”
Page pull 30 psi

Content Errors:

Any content errors, including but not limited to spelling errors, grammatical issues, spacing issues, etc., that were present in the document you submitted to BPR, are not reasons for not approving your proof. If you discover content errors in your proof (made during the creation of the file you uploaded to us), you can request that BPR make changes. Changes are $50 per hour, with a one hour minimum.
Content errors not present in the uploaded document you sent to BPR that are the fault of BPR will corrected at no additional charge.

Once proof is accepted you acknowledge that production will be commenced, books will be produced as agreed via the proof, and no further changes will be accepted.

You acknowledge that BPR cannot finish the printing until such time as you approve the physical proof.

If you have BPR make any changes to your uploaded work after receiving the first proof, you may order another proof for an additional fee of $45.

Pricing Quotation and Payments

BPR will honor quotes issued through our automated system for 30 days from the date the quote was generated.

Note that shipping charges are not included in the quote – shipping charge estimates are not available until the final proof approval is received, due to variances in shipping sizes and weights which are unknown until that time. Shipping charges will be added to your final payment installment. Shipping will be via the most economical available method (normally UPS or USPS) unless you make other arrangements are made with us. Please note that shipping charges will be made to your card on file without additional notice beyond our notification to you that your books have shipped.

Payment must be made via credit card. Payments will be charged to your credit card of record according to the following schedule:

>A $99 setup fee will be charged upon receipt of your print-ready file. The setup fee is non-refundable. An optional $10 fee will be charged for priority shipping of your proof if you desire it.
The first 50% of the quoted amount will be charged following your approval of the proof.
The final 50% of the final amount, in addition to shipping charges, will be billed upon shipment of your books. Note that the final amount may include industry-standard over/under-run quantities and associated charges of no more than 5%. You agree to accept 5% over/under as conforming to the original quantity agreement. For example, if you order 500 copies of your book, a print run may produce an extra 25 copies. You agree that you will pay for those additional copies (5% over the initial run quantity). If the printer printed 50 extra books, you would only be required to pay for 25 of them. The other 25 would be destroyed or offered to you at a lower price per unit.
Any additional charges e.g. setup fees will be charged on a pay-as-you-go basis

Customer's Warranties and Indemnities

BPR warrants that the books produced will substantially conform to the description contained on the face of the quotation, and will conform to usual book printing industry standards. There are no other warranties express or implied.

You represent and warrant to BPR:

That you have not assigned, pledged, or otherwise encumbered the rights to the book being printed
That you have full power to enter into this Agreement
That you are the copyright holder, the attorney-in-fact for the copyright holder, and/or otherwise have the legal authority to print books on behalf of the copyright holder.
That the book being printed and all rights therein are free of liens, claims, or interests of any kind
That the book being printed is entirely original except for portions thereof which are in the public domain or for which legally effective written licenses or permissions have been secured
That the book being printed does not violate or infringe upon any personal or proprietary rights including without limitation privacy rights, contract rights, or publicity rights of any other persons or entities
That the book being printed is not libelous
That the book being printed does not infringe upon any statutory or common law copyright
That all public domain material used in the book being printed is actually in the public domain, to best of your knowledge

If any claim, action, or proceeding based upon an alleged violation of any of these warranties is made against Customer or BPR by anyone, both parties will have the right to defend the same through counsel of their own choosing and no settlement by either party will be effected without the prior written consent of the other party, which consent will not unreasonably be withheld.

Further, you will indemnify and hold harmless BPR against any damages that results due to your violation of any warranties. This means that you will indemnify BPR against the entire expense (including reasonable costs, disbursement, and attorneys fees) attributable to BPR’s defense or settlement of any claim, action, or proceeding based upon an alleged violation of any of these warranties, including any fees, damages or settlements that BPR is required to pay to anyone due to your breach of any warranty.

These warranties and indemnities will survive the termination of this Agreement.

Termination by Publisher

MCP may terminate this Agreement and publication of the Book without cause, upon written notice to Author if, in MCP’s judgment, the Book may subject MCP to the risk of litigation or other adverse commercial consequences. In no event will MCP be obligated to publish a book, which in its opinion violates the common law or statutory copyright, or the right of privacy of any person, or contains libelous or obscene material. Further, if MCP deems the content of the Book to promote hate, violence, illegal activities, MCP can terminate the Agreement and will immediately refund all monies paid by Author for services not yet commenced.

Definitions

a. Notices

All notices required or permitted under this Agreement shall be addressed to the addresses listed above and/or may be sent via email.

b. Entire Agreement

This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.

c. Severability

If any provision(s) of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision(s) of this Agreement is invalid or unenforceable, but that by limiting such provision would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

d. Modification

This Agreement may not be modified or amended except by written instrument signed by the undersigned parties hereto.

e. Waiver

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

f. Applicable Law

The validity, interpretation, construction, performance, enforcement, and remedies of or relating to this Agreement, and the rights and obligations of the parties hereunder, shall be governed by the laws of the State of Minnesota (without regard to the conflict of laws, rules, or statutes of any jurisdiction), and every legal proceeding arising out of or in connection with this Agreement shall be brought in Hennepin County District Court in Minneapolis, Minnesota, each of the undersigned parties hereby consenting to the exclusive personal and subject matter jurisdiction of said courts for this purpose.

g. Prevailing Parties

The prevailing party in any suit brought by either party hereto to enforce the terms hereof shall be entitled to recover from the non-prevailing party all of said prevailing party’s reasonable costs, distributions and attorney’s fees, including all collection cost (e.g. fees paid to a collection agency) and attorneys’ fees incurred in attempting to collect any judgment hereunder.

h. Assignment

Any person or entity to whom any right, title, or interest in this Agreement be assigned shall be subject to and bound by all of the terms and conditions herein as if they were the original party hereto. If a controlling interest in BPR changes, is bought or otherwise merged into another publishing company, Customer will have 30 days to opt-out of this Agreement, upon written notification of such sale or merger by BPR.

i. Counterparts and Fax or Electronic Signature

This Agreement may be executed in one (1) or more counterparts, each of which shall be deemed to be an original but all of which together will constitute one (1) and the same instrument. Further, one or both parties may execute this Agreement via electronic signature or fax and such signature will be deemed to be original. Payment for the services set forth in this Agreement via credit card online or via fax signature constitute Customer’s acceptance to the terms set forth herein.

j. Customer Remedies & Limitation of Damages

The most Customer may ever sue BPR for is the amount paid for any services rendered hereunder and not refunded at the time of commencement of litigation by Customer. BPR is not liable for any other damages including but not limited to any incidental or consequential damages, damages for loss of profits, missed sales opportunities, business interruption, loss of business information, or any other type of pecuniary loss.

k. Currency

All dollar amounts set forth in this Agreement and in those incorporated as part of this Agreement are in U.S. Dollars.

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