{"body":"

Agreement<\/strong><\/p>\n

Welcome to itsmorethanatextbook.com.  By developing an online text (“e-text”) with optional accompanying assessments as an “Author”, you agree to the following terms with itsmorethanatextbook.com,LLC (“Company”).<\/p>\n

These Terms and Conditions are effective on January 1st, 2020, for current Authors, and upon acceptance for new Authors.  You accept these Terms and Conditions by clicking the Submit button when registering as an Author or by continued use of this site to host your online text and assessments.  We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the Company’s website to host your online text indicates your acceptance of the amended Terms and Conditions. <\/p>\n

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Ownership of the Online Text<\/strong><\/p>\n<\/strong><\/p>\n

The text part of the online text and the accompanying exercises will be owned by the Author and accessible to users who pay a fee. <\/p>\n

Term<\/strong><\/p>\n

At any time, the Author has the right to give written notice to the Company, requesting that no future users may purchase the Author's textbook.\u00a0 Once all current paid courses are completed, links which allow the Author's textbook to be purchased will be removed. The Company reserves the right to remove the textbook from the system and\/or remove Author access to the system at any point if the Author incurs any kind of inappropriate, unprofessional, or illegal behavior.<\/p>\n

All conditions and terms of this contract will remain in effect after termination, voluntary or otherwise.<\/p>\n

Conditions to use the platform<\/strong><\/p>\n

The platform is for use by Authors associated with Universities and Colleges. The courses for which the eTexts are to be\n used should have at least 100 students using the eText per year. If one of the above does not apply to you specifically, please\n contact us to see if specific arrangements can be made.<\/p>\n

Benefits<\/strong><\/p>\n

The Author can receive payments from students who purchase the e-text\/access to the assessment system (the cost of which is the “Price of the e-text”).<\/p>\n

Payments will be made quarterly, with 1 month lags to account for refunds, to the Author. Up to the minute sales figures will be available to the author through the web platform.<\/p>\n

The total monthly compensation will be determined as:<\/p>\n\n

Per Unit e-text Compensation = Price of the e-text \u2013 50% processing costs \u2013 $30<\/strong><\/p>\n

Price of the e-text<\/u>: This is decided by the Author, as long as the amount is between $30 and $60.\u00a0\u00a0
\n Processing costs<\/u>: This is the cost charged to the Company by its payment processor to process a credit card payment.
\n \n Co-Authors<\/u>: In the case of co-authors developing a textbook, the author compensation per textbook will be equally divided among all authors involved in the project.<\/p> \n

Role of the Company in the Development of E-text<\/strong><\/p>\n

The full responsibility in the development of the online text and assessment questions lies with the Author. This includes developing the text, images, videos, as well as securing copyright permissions when appropriate. The Company will support the Author in technical matters through e-mail support, as well as help videos. At all times, the correspondences with the Company must be polite, professional, and courteous or the Company has the right to discontinue technical support.<\/p>\n

Marketing of the E-text<\/strong><\/p>\n

The e-text can be used by other instructors than the Author with compensation flowing back to the Author as described above. While completed e-texts can be listed on the Company's homepage, the Company is not required to actively market the e-text to other instructors. If the Company contracts a Third party to market the e-text in return for a portion of the each e-text's revenue, the Author and the Company will split the cost on a per e-text basis. As an example, if the e-text is sold for $60, and the marketer receives $5, then the Author and the Company will split the remaining $55.<\/p>\n

Purchase of the Company by a Third Party<\/strong><\/p>\n

In the event that the Company is purchased by a third party, the income structure as described above will not be changed in any way that reduces the current per unit compensation for the e-text<\/p>\n

Taxation<\/strong><\/p>\n

As per United States tax law, the Company will file a 1099 with the IRS for every author who earns more than $10 in a given year. To this end, the Company will request that the Author fills out a W-9 form after the Company sells access to the first e-text. Assuming that the Author submits the W-9 form to the Company, the Company will not withhold any federal or state taxes, social security, unemployment compensation from any payments made to the Author.\u00a0 The Author will then use a 3rd party to process the 1099 form, and the Author will receive a copy of the 1099 form for their annual filling.<\/p>\n

If the Author doesn't provide the Company with a W-9 prior to the first payment to the Author, the Company will withhold 28% of the Author's income, and submit the withholding on behalf of the Author to the IRS, as per IRS requirements<\/a>. The Author agrees, indemnifies, defends and holds the Company harmless from any claims, losses, liabilities or expenses it may suffer, including reasonable attorney's fees, arising as a result of the Author's failure to pay all withholding obligations and tax liabilities associated with payments made to the Author. <\/p>\n

International Authors<\/strong><\/p>\n

The two main considerations of international Authors are the VAT and the transfer of royalties. Where applicable, VAT will be applied to consumers who purchase access to the online textbook or assessment system. The cost to the consumer will then be the Per Unit e-text Price plus the VAT tax. As an example, if the price of the e-text is USD $60, while the VAT is 20%,then the consumer will be charged USD $72 (60×1.2); the Company will then be responsible for submitting the VAT quarterly to the EU.<\/p>\n

In addition, the Author may have royalties transferred to either a US bank account or to an international bank account. Though royalties will be reduced by the cost of the transfer, the Company will work with the Author in attempting to minimize this cost. Finally, if the royalties are to be transferred into a different currency, the rate of the Author's currency of choice at the time of the transfer will be used.<\/p>\n

Non-compete<\/strong><\/p>\n

The Author agrees to not compete directly or indirectly with the business of the Company for a period of 3 years.\u00a0 The term “not compete” means that the Author may not own, manage, operate, consult, or be an employee or independent contractor in a company that is substantially similar to or competitive with the present business of the Company.\u00a0 The Author acknowledges that the processes used to develop the web platform are unique to the Company, and will not be used in any way outside of the Company’s system.\n\u00a0<\/p>\n

Limitation of Liability<\/strong><\/p>\n

The Company will not be liable for any special, consequential, or indirect damages to the Author including, but not limited to damages for interruption of service to the Author’s e-text, loss of profits to the Author, loss of any part of the Author’s e-text, or other loss, arising out of the use of or inability to use the website.<\/p>\n

In addition, the Company will not be liable for any copyright infringement on the part of the Author.\u00a0 Should any copyright infringement occur, the Author’s account will be immediately terminated and will forfeit future earnings.\u00a0 In addition, the Author will be fully liable for any damages awarded directly or indirectly resulting from the copyright infringement.<\/p>\n

To minimize risk of data loss, the Company will maintain a copy of the entire website on a separate server, to be backed up nightly.\u00a0 The website will be backed up weekly on a local computer, and on a third server weekly.\u00a0 The Author will safeguard a copy of all images uploaded to the site on their own computer.<\/p>\n

Governance<\/strong><\/p>\n

The laws of the state of Washington shall govern the validity of these Terms and Conditions, the construction of its terms and the interpretation of the rights and duties of the parties hereto.\u00a0 If any provision of these Terms of Service, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms and Conditions shall nevertheless remain in full force and effect.<\/p>","title":"Terms And Conditions"}