Would you like to get published with PabPub?
By publishing with PabPub, the Author grants the Publisher full right and title to the following:
—The right to publish, sell, and profit from the listed works in all languages and formats in existence today and at any point in the future within the period the terms of the contract allow.
—To create or devise modified, abridged, or derivative works based on the works listed.
These rights are granted by the Author on behalf of him/herself and their successors, heirs, executors, and any other party who may attempt to lay claim to these rights at any point now or in the future.
—The rights granted to the Publisher by the Author shall not be constrained by geographic territories and are considered global in nature.
Requirements:
The Author warrants that the works governed by this book publishing contract are their sole intellectual property, that no other similar agreements governing these works exist, and that the works are not in the public domain. Additionally, the Author warrants that the works do not infringe on copyrights, trademarks, or other intellectual rights of any third parties. If the works governed by this book publishing contract contain statements presented as fact, the Author warrants that such statements are true and accurate. Furthermore, the Author agrees to refrain from entering into agreements with third parties that conflict with the terms of this book publishing contract.
Contract Types:
Phoenix Award Books Publications (hereinafter PabPub, pabpub, we, us, pabpublications, publisher) has three contracts (hereinafter agreements, terms or rights) types binding the publisher, the author(hereinafter author[s], you, client, user, distributor) and third parties(readers, other persons, organizations, banks, other publishers, websites, or including those that may be implied).
Contract Types, Details, Terms and Rights:
FLUID:
This category of publication is far from personal to PabPub but allows free and frictionless relationship between the author and the publisher.
- PabPub will not have reasonable extent of claim whatsoever to the book and will not make extra demands of the author.
- PabPub will treat such books with least attention in terms of investment and promotion (and including other instances that may be implied)
- The book will be published for free, with its main intention being for reaching readers with no profit sense. However the book may be sold if the author desires this and states so explicitly on submission or an email after submission. The price for which the book will be sold for may not be exactly as desired by the author.
- The book will remain part of PabPub for a minimum of 55 days before the author can make any request that changes the state of its use, including taking it off the platform (and including other instances that may be implied).
- The author is expected to provide any extra resources such as cover arts, videos, links to external stores for their book if they desire to. It is required that any resource provided by the author for use is one that they have the complete legal right to use.
DIAMOND:
This is an exclusive author-publisher relationship in which full publishing rights are licensed to PabPub, including: publication, marketing, promotion, distribution and regulation of the book, its copies, adaptations and contents — limiting the author's freedom to publish their signed book or its contents to other plaforms without first having an agreement to do so with PabPub. This contract remains binding for ten years (3653 days), after which it becomes liable for nullification or automatic continuation. The book will be featured on the PabPub platform and could be further reproduced in prints, other formats and distributed to book stores.
- The Publisher will feature, promote and may also distribute the book in a deal with other publishers and book stores.
- The Publisher shall have the exclusive right to edit or modify the delivered materials at their discretion prior to publication. However, the Author shall have the right to review any modifications and grant approval prior to publication.
- While the Author shall have the right to review and approve changes to content, the work’s format, cover design, and final artwork, the Publisher shall retain full right to manufacture, distribute, market, and sell the completed work as they deem necessary.
- The Publisher agrees to provide page proofs of the material prior to publication. These proofs shall include all content, including artwork. The author agrees to review and return these proofs to the Publisher within 30 days. If the Author makes or requests changes to the content aside from typographical errors in excess of 5% of the typesetting cost, then the Author agrees to pay such costs to the Publisher.
- The Publisher agrees to consult with the Author regarding marketing the published works, but reserves the right to make final decisions regarding sales and marketing of the works. The Author grants the Publisher the right to use the Author’s name and likeness as they see fit for marketing purposes.
- The Author is entitled to 70% (seventy percent) of net profit generated by the book through the sell of (and donation for) it directly through PabPub and other distribution channels used by the Publisher.
CRYSTAL (Deprecated):
This contract lasts for two years (730 days) after which it becomes liable for nullification or automatic continuation. During this first 730 days, the publisher exclusively reserves the rights to publish, market, promote, distribute and regulate the book, its copies, adaptations and contents — limiting the author's freedom to publish their signed book or its contents to other plaforms without first having an agreement to do so with PabPub.
- The rights to publish the book will belong exclusively to PabPub for the agreed duration as stipulated in the signed agreement.
- The Publisher may make demands during and after the publication has been made, which may be targeted to improving sales or otherwise. The Author reserves the right to refuse to comply to a demand, if The Publisher makes a demand they do not approve and which is not within the terms of the signed agreement.
- The Author is entitled to 70% (seventy percent) of net profit generated by the book through the sell of (and donation for) the book directly through PabPub and other distribution channels used by the Publisher.
DIAMOND+:
The diamond+ (diamond plus) contract is a unique contract type that can only be offered to an author after they have chosen and published in other contract types on PabPub. It is not a strictly defined contract in the sense that other contracts are. It is traditionally an extension of the Diamond contract type but it, however, remains binding in perpetuity and its terms are sometimes bespoke — tailored, negotiated, written and offered to an author specifically.
If approved by the author and publisher, the diamond+ contract supersedes the terms of the contract type the book was originally approved/signed in.
Its aim is to offer unique contracts to willing authors of already published books, which would allow the book to be further developed and published traditionally into paperback books, published by a more traditional publisher and/or adapted into screen or other formats.
- This is an exclusive contract type with terms that are defined uniquely for each book offered the contract.
GENERAL TERMS:
- The contract remains binding till the duration of the contract elapses, in which case it continues to be binding without an expiry date unless either of the Author or the Publisher decides to nullify it.
This nullification would be effected within 30 days of the Publisher's notice.
- While the contract remains binding, the author's book remains available for the subscribers to 'borrow' and enjoy and the author remains entitled to a share of the monthly collective royalties generated by subscribers when these subscribers access their book.
- The Publisher owns and retains full rights to any material and accessories created for and by them for promotion (or other reasons) of the book.
- The Publisher reserves the right to nullify this contract; even before its duration elapses if the Publisher finds any unforeseen reason in the future to deem it ‘unwise’ or impossible to continue with the contract. However, The Publisher will not hold back royalties belonging to the author that were acquired during the period the contract had lasted as long as the reason for this nullification was not provoked by actions of the author which includes breaking agreement and incurring damages but not limited to these.
- If The Author incurs damages or breaks the contract after The Publisher has invested in the book or paid the author in advance, The Publisher reserves the right to continue to publish and earn from the book to cover for the losses caused as a result of the Author's action.
- An agreement may not be altered, amended, or otherwise modified except through written form requiring signature by both parties.
- Should multiple individuals be considered the “Author” of the works governed by an agreement, each of those individuals shall be liable for adhering to the terms of this contract.
- The Publisher and Author shall be granted an extension on any time-sensitive duties related to a publishing agreement should circumstances beyond their control interfere with their ability to execute their contractual obligations.
- All notices related to this contract shall be delivered via certified mail or email.
- A book publishing contract shall be considered legally binding upon both parties heirs, partners, associates, subsidiaries, successors, executors, and licensees.
- An agreement shall be governed by the laws of The Federal Republic of Nigeria.
- Any disputes related to this contract shall be resolved through binding neutral arbitration.
- An author may withdraw, in their currency, the total sum of his/her/their royalties if his/her/their book(s) have generated a minimum of 300 PubCoins (or 10 dollars) in royalties after three months since the last or no withdrawal. If the country of the author is Nigeria, the author can withdraw any time their book(s) have generated a minimum sum of 100 PubCoins (or 1,000 naira) in royalties.
- The Publisher reserves the right to vary sales prices.
DISCLAIMER(S) AND NOTES:
- Retail prices of books as displayed or agreed upon do not directly reflect the revenue of the sold book. Retailers commission and tax affects the revenue of a marketed commodity. Exchange rates and territorial prices may play part too (and including other instances that may be implied).
- PabPub reserves the right to refuse to publish some books without having to explain the reasons behind the decision.
- PabPub cannot be held accountable for any transaction failure or error generated by the user/author or any third party service providers, such as banks. PabPub will not be held accountable for failures generated in procedures and/or entities they have no control over.
