Who is PV?
PublishVelocity.com Limited company registration number 09190135, has its registered office at Sandy Farm Business Centre, Sands Road, The Sands, Farnham, Surrey, England, GU10 1PX. We established ourselves and have designed our website with a view to offering alternative publishing services which put more money into the author’s pocket. PV’s fully automated fulfilment platform enables authors to have complete control over the publication of their manuscripts and the sale of their books, whilst retaining all the profits these sales generate as well as all the rights associated with their work.
- We will collect and use personally identifiable information solely to fulfil those purposes specified by us as set out in this policy;
- Personal data that you provide to us should be relevant to the purposes for which it is to be used, and should further be accurate, complete and up-to-date;
- We will protect personal data by reasonable security safeguards against loss or theft, as well as unauthorised access, disclosure, copying, use or modification;
- We will readily make available to our customers and potential customers information about our policies and practices relating to the management of personal data.
If you do not agree to this policy, please do not use our site.
What personal data of yours will PV collect and use?
During the course of your using PV’s website and for purposes of relying on the services offered by PV via the website, you may be required to submit the following information via the website to PV:
- User information including email address;
- Author/s name/s of contributors to the book or publication (in this regard, you undertake that any information you provide relating to another person is disclosed to PV with that other person’s knowledge and consent);
- Address and contact information; and
- Banking details.
You may visit PV’s website anonymously. We will only collect personally identifiable information from you if you voluntarily submit such information to us. You may always refuse to supply personal data to us, except that this may prevent you from engaging in certain site-related activities.
Note also that PV utilises the services of a third party e-commerce gateway to facilitate the receipt of payment/s from you in relation to the performance of services you contractually require from PV. This gateway will require you to submit debit or credit card information to it. PV will not have any access to, or control over, any such information submitted to the gateway. PV will simply receive confirmation from the gateway that your payment has been processed. Should you have any queries relating to the gateway’s use or processing of your personal data in this regard, you will need to contact the suppliers of the gateway directly (SagePay).
How will PV use your personal data?
- User information including email address – to create a user account and to contact you with information relating to your account and your use of PV’s services;
- Author/s name/s of contributors to the book or publication – to include on the cover of the book or publication or elsewhere the author/s identified with such book or publication, as specified by you, and in connection with the registration of the ISBN (International Standard Book Number) for the book or publication;
- Address and contact information – for delivery of a proof and any subsequent orders;
- Banking details – for payment of any royalties due to you.
What is the lawful basis for PV processing your personal data?
The above mentioned personal data is required by PV in order for PV to be able to provide the services to you that you are requesting contractually via the website. Should you choose not to provide certain or all of the requested personal data to us, PV may not be able to perform some or all of the contracted services.
Who will the recipients be of your personal data?
PV will predominantly use your personal data itself in order to perform the services you request via the website.
(i) Where we provide some of our services through contractual arrangements with third parties, where sharing of
information is necessary to operate our site and to avail yourself fully of the services we offer. Specifically, should you
choose to use these services:
- we would need to release your name, address and contact number information to a third party publishing company who would disclose that information to the delivery service to deliver the products that you ordered;
- we would need to release information regarding the contributors of your book or other publication to the same third party publishing company for disclosure to other third parties for the registration of the assigned ISBN against the title of the relevant book or publication;
- we would need to release your banking information to our bank to enable payment of any royalties due to you, into your account;
(ii) Where we are required by law enforcement or judicial authorities to disclose personally identifiable information; or if we
believe in good faith that we are required or permitted to disclose such information by law or legal process; or the
disclosure of such information is necessary to protect the rights, reputation, property or safety of PV or its affiliates.This
may include where we are trying to protect against or prevent actual or potential fraud or unauthorised transactions; or
to investigate a fraud which has already taken place.
For how long will PV retain your personal data?
PV will only retain your personal data for as long as is necessary. In particular:
- User information including email address – we will only retain this information for as long as you wish to maintain a user account with PV via the website. Should you elect at a future date to close your user account and advise us accordingly, we will delete your user account information within a reasonable period of time of receipt of such notification and close your user account. Closure of your account will mean that all of your titles and publications linked to this account will be marked as “out of print” and the corresponding ISBN/s can no longer be used. In addition, you will no longer be licensed to use any PV logos or trade marks on your future publications of your book or title (although you will retain all intellectual property and other proprietary rights in your manuscript and cover design – you must however download this information and/or content prior to closing the account in order to retain it);
- Author/s name/s of contributors to the book or publication – note that once your title has been published, the author/s name/s of the book or publication will be in the public domain. For tax purposes PV needs to retain records of the title of the book or publication and the author/s identified with such book or publication, as well as the corresponding registered ISBN, against any income derived from the book or publication. This information will be held for the statutory required period;
- Address and contact information – PV will retain this information for as long as you wish to receive delivery of hard copy proofs and subsequent orders of your book or publication. Should you change your address details and/or other contact information at a future date you will need to advise us accordingly – we will update our records as soon as possible following receipt of your notification and will delete all old address and contact information. Further, should you decide at a future date that you no longer wish for PV to retain this information, we will delete it from our records as soon as possible following receipt of your notification in this regard and we also advise the relevant third party publishing company. However, please be aware that following deletion of your address and contact information you will no longer be able to receive delivery of any future hard copy proofs or subsequent orders;
- Banking details – we will only retain this information for as long as you wish to receive payment of royalties from PV for your book or publication. Should you change your bank account details at a future date you will need to advise us accordingly – we will update our records as soon as possible following receipt of your notification and will delete all old banking information. If you elect at a future date to advise PV to delete your current banking information and do not provide us with alternative bank account details, we will no longer be able to make any future royalty payments to you, and we cannot be held liable to you for any failure to make any such future payments.
What are your rights in relation to PV’s collection and use of your personal data?
At any time you may contact PV and request detailed information regarding what personal data PV holds on you. You may also notify PV at any time in relation to any required updates to personal data, and we will give effect to such request/s as soon as reasonably possible following receipt of your notification.
Should you wish to lodge a complaint against PV in relation to our collection, holding and/or use of your personal data, you may do so with the UK supervisory authority (Information Commissioner’s Office – https://ico.org.uk/make-a-complaint/).
PV and its affiliates or third party providers will only provide additional information to you via email, including service messages with important information about your account, informative newsletters, special promotions and other announcements, where you have consented to receive such additional information via the website. You will have the option on the website to manage your subscriptions to these communications or to unsubscribe from receiving email messages, at any time.
You must be 18 years of age or older to create a user account on this website. PV does not knowingly solicit orders or collect personal data from children under the age of 18. Should the author or contributor of the book or publication be under the age of 18, you hereby undertake that you are duly authorised to submit the relevant information (contributor’s name in the desired form) to us.
If you otherwise have reason to believe that any personal data has been submitted to us by a child under the age of 18 contact us and we will delete that information as soon as possible. Following such notification, we will not disclose that information to any third party or use it ourselves in any way.
Third party websites
You may find advertising or other content on PV’s website that links to sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by third party websites linked to or from our site. In addition, these third party sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing or interaction on any third party website which has a link to PV’s site, is subject to that other website’s own terms and policies.
9-10 Mill Lane, Alton, Hampshire, GU34 2QG;
Mrs A Haybittle, email@example.com.
Terms & Conditions
These terms and conditions (“Terms”) are entered into by and between:
(a) PublishVelocity.com Limited, a company incorporated in accordance with the laws of England and Wales, company registration number 09190135, having registered address at Sandy Farm Business Centre, Sands Road, The Sands, Farnham, Surrey, England, GU10 1PX (“PV” or “Us” or “We”, and “Our” shall bear a corresponding meaning); and
(b) You, the author of the title in question or the person having the authority to enter into these Terms in relation to such title (“Title”), having contact details as per the account/login details you provided to Us (“You”, and “Your” shall bear a corresponding meaning).
The Terms describe the basis upon which You provide Your Title to Us for publication, and upon which We provide publishing services to You, as more fully described in these Terms and on Our website (www.publishvelocity.com) (“Website”).
1. Commencement and duration
a. These Terms will commence on the date upon which You create a PV login account for Yourself, via the Website. By creating a login account on the Website, You hereby agree to and accept these Terms. It is acknowledged by the parties that these Terms will apply to each and every Title submitted and uploaded by You via the Website, for publication and distribution by us.
b. These Terms shall endure until terminated by either party as contemplated below.
2. Your obligations
a. submission of Title for publication
(i) You are responsible for maintaining the confidentiality of Your PV login account and password and for restricting access to Your computer. You agree to accept responsibility for all activities that occur under Your account or password.
(ii) It is also Your responsibility to ensure that Your contact information and payment details are up-to-date at all times. PV cannot be held liable for any royalty payments which are paid late, or not paid at all, due to incorrect information.
(iii) For each Title that You wish to publish using PV, You will need to upload such Title via the Website following the guidelines and documentation specified on the Website. We reserve the right to amend these guidelines and documentation from time to time in Our sole discretion.
(iv) You are responsible for ensuring the accuracy and correctness of Your manuscript, and for the layout of the Title. You may make corrections and amendments at any time prior to You clicking on the “Request Hard Copy Proof” button on the Website. Once You have selected the “Request Hard Copy Proof” button:
• no further corrections or additions may be made to the content of the Title;
• no further amendments may be made to the layout of the Title, without You incurring additional costs; and
• We cannot be held liable for any errors, inaccuracies or inconsistencies in the Title (including without limitation the layout, cover design or content).
In respect of each Title uploaded, You shall be obliged to make payment to Us via the Website as follows (collectively, “the Fees”):
(i) an initial upfront Fee in the amount set out on the Website, to cover the standard services to be performed by us as described on the Website for the first year (“Initial Fee”);
(ii) additional fees, as determined by Us in our discretion and notified to You via the Website, for the provision of additional non-standard services You have selected. These may include, but need not be limited to, the design of a cover artwork for the Title, the provision of marketing services, and the provision of order fulfilment services in terms of which printed Titles may be distributed directly to a third party;
(iii) additional fees, as specified by Us on the Website, for the printing of the Title (over and above the initial hard copy proof included within the Initial Fee); and
(iv) for subsequent years, an ongoing annual renewal Fee in an amount to be determined by Us in Our sole discretion, as notified to You via the Website (“Renewal Fee”). Where you fail to make payment of such Renewal Fee, this shall be regarded by Us as a cancellation of Our provision of publishing and distribution services in respect of the Title in question and We shall no longer be required to continue to provide such services.
We reserve the right to increase the Fees from time to time in Our discretion for any reason, which may include where a third party increases its fees to Us in relation to Our provision of publishing services to You. We will notify You of any updates to the Fees via the Website.
3. Our obligations
a. We shall provide to You, in relation to each Title uploaded to the Website, in exchange for the payment of the relevant Fees, publication and printing services, as well as those cover design, marketing and distribution services selected by You via the Website, or otherwise agreed with Us.
b. We shall also make payment to You of any royalty payments due in relation to the publication and distribution of the Title/s.
c. The legal deposit of books with national libraries is a requirement under applicable law. We shall forward the appropriate number of copies of the Title/s to the relevant libraries. The initial cost of sending the first copy shall be included within the Initial Fee payable by You under these Terms. However, in respect of any subsequent copies which may be requested by national libraries, You agree that the provision of these copies shall be at Your cost, and You indemnify Us for any costs incurred by Us in this regard.
d. You acknowledge that errors (such as mis-shipments, quantity/title discrepancies, or missed delivery dates) may occur from time to time in the normal, ongoing course of business. If an error occurs and We agree that it is Our fault it will be corrected by Us at Our cost by re-shipment, arranging for the return shipment, and/or reimbursing You for the Fee or an appropriate portion thereof (the appropriate remedy to be reasonably determined by Us in Our sole discretion). These shall be Your exclusive remedies for errors and We shall have no further liability to You in relation to such errors.
e. We do not share, or sell, or disclose to a third party, any personally identifiable information collected via the Website (save for the name of the author/s of the Title which will be disclosed to a third party printing company for purposes of producing hard copy prints of the Title).
Risk of damage or loss of Your Titles in transit from Our or a subcontractor’s facility to You or Your customers, shall pass to You upon delivery of such titles to the relevant carrier.
5. Intellectual property rights
a. All intellectual property rights and other proprietary rights in and to the Title/s (including the manuscript and the published work) shall remain vested in You, or the author/s of the Title/s.
b. You hereby grant to Us a limited, non-exclusive, transferable licence to use, reproduce, print, or cause to be printed, the Titles in the course of Our business to provide the services to You as contemplated under these Terms, and to market and distribute the Titles as specified by You to Us.
c. You shall remain responsible for all royalty or other compensation payments or fees due to the authors or owners of the Titles.
d. The database containing the Titles will be a secure database to prevent the unauthorised alteration of content or printing of books.
e. We hereby grant to You a limited, exclusive, non-transferable licence, for the duration of these Terms, to incorporate PV’s logo [(identified as such on the Website)] on the cover of the Title in relation to any manuscripts uploaded by You via the Website. [Such use may only occur in accordance with the guidelines for this specified on the Website.] You may not make use of PV’s logo for any other purpose or on any other works, and You hereby indemnify Us in relation to any liabilities, costs, expenses, fees, damages or claims incurred by Us in relation to such unauthorised use.
6. Warranties, indemnities and limitation of liability
a. You represent and warrant to Us that:
(i) You are either the owner of each of the Titles uploaded by You to the Website and all copyrights related thereto, or have legally obtained the legal authority from the authors or owners of the Titles to print, or have printed, and to distribute the Titles in accordance with these Terms. At Our request, You will promptly provide Us with reasonable evidence of this;
(ii) the Titles are not libellous, defamatory or obscene, or otherwise violate any applicable laws;
(iii) You have provided Us with accurate information related to the identification of the Titles; and
(iv) You will promptly notify Us in writing if You receive or otherwise become aware of a claim alleging facts which, if true, would be a breach of any of the above representations or warranties.
b. You agree to defend, indemnify and hold PV, its directors, officers, employees and agents, as well as any third party publishers we may use for the publication of the Title, harmless from any liabilities, costs, expenses, fees or damages arising out of claims of others alleging facts which if true would be a breach of any of your representations or warranties. We will give You prompt written notice of all such claims, provide reasonable cooperation in the investigation and defence, and permit You, at Your expense, to defend the claim with legal counsel of Your choosing reasonably satisfactory to Us.
c. Neither party may limit or exclude its liability under these Terms for death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors or for fraudulent misrepresentation.
d. Other than that as set out above, neither party shall be liable to the other (whether for breach of contract, negligence or for any other reason) for any; (i) loss of profits; (ii) loss of sales; (iii) loss of business or business opportunity; (iv) loss or waste of management or staff time, and interruption to business; (v) loss of reputation; (vi) loss of goodwill; (vii) loss or corruption of data; or (viii) indirect, consequential or special loss; even if the parties have been advised of the possibility of such losses.
e. Excluding any indemnification obligations contained in these Terms, neither party’s total liability under these Terms shall exceed, for physical damage to tangible property, the sum of £500 (Five Hundred Pounds) in respect of each event giving rise to liability, in an aggregate amount not to exceed £5000 (Five Thousand Pounds) and for all other loss or damage, in an aggregate amount equal to the total amount paid by You for the provision of services under these Terms in the 12 month period prior to most recent event giving rise to liability.
f. The provisions of this section shall survive termination of these Terms for any reason.
a. by You
(i) You shall be entitled to terminate these Terms, or to cancel the publication of any one or more Titles, at any time, provided that any fees paid by you in relation to such publication shall be non-refundable. You shall notify us of us such termination or cancellation by [withdrawing the relevant Titles from your account on the Website or by cancelling your account with Us]. PV shall be afforded a period of 30 days from such cancellation date within which to process any current orders. We shall not be liable to perform services in relation to any future orders placed after this 30 day period.
(ii) You may also cancel Our provision of services in relation to any particular Title/s for the following year, by not paying the relevant Renewal Fee for that Title.
b. by Us
PV reserves the right to determine the appropriateness and/or lawfulness of any material published via the Website. Accordingly we shall be entitled to terminate these Terms, and/or to cancel the publication of any one or more Titles, and/or to delete Your account, on notice to You [via the Website or otherwise in writing (including email)] at any time with immediate effect for any reason whatsoever (including without limitation in circumstances where the content of the Title is libellous or constitutes hate speech, or where the Title or Your conduct is likely to damage the reputation of PV). In these circumstances We will (subject to the remainder of these Terms) refund to You the fees paid by You under these Terms for the Title/s in question in respect of the current year, less any costs or charges reasonably incurred by Us in relation to such Title/s.
c. Save as set out in these Terms, neither party shall have any liability to the other arising out of any termination of these Terms.
a. Should We need to serve legal notice on You under these Terms, it will be sufficient for us to do so via the contact details you have provided as part of your account set-up.
b. Should You need to serve legal notice on Us under these Terms, You will be required to do so in writing to Our address above[, with a copy sent via email to firstname.lastname@example.org].
a. You may not assign or otherwise transfer these Terms, or any of Your rights and obligations under these Terms or any portion thereof, without Our prior written approval, which approval will not be unreasonably withheld.
b. We may assign or otherwise transfer these Terms or any of Our rights and obligations under these Terms or any portion thereof to Our parent, subsidiaries, affiliates or successors without Your consent or approval. Further, nothing in this section shall prohibit Us from subcontracting the physical publishing and printing of the Title to a third party publishing company in Our sole discretion, or from using other third party providers to carry out activities such as cover design, marketing and distribution.
a. Except for delay in payment of Fees due, if anything happens that is beyond the reasonable control of either party (including but not limited to wars, sabotage, riots, labour disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster and act of God), then delays will be expected and performance may be excused. PV and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such an event beyond their reasonable control.
b. Each party shall be responsible for any tax liability (including, without limitation, value added tax) it incurs due to the performance of its duties under these Terms.
c. We shall be entitled to set-off any amounts which You owe to Us under these Terms, from any amounts which We owe to You, prior to making payment to You.
d. These Terms do not designate either party as the agent, employee, legal representative, partner or joint venture of the other party for any purpose whatsoever.
e. We may vary these Terms at any time, by uploading a new version onto the Website. These Terms may not be modified or amended except with Our prior written consent.
f. If any clause within these Terms is found to be invalid or unenforceable, then such clause will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such interpretation is not possible, then that clause will be deemed removed from these Terms and the rest of the Terms will remain in full force and effect.
g. No waiver by either party of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has under these Terms operate as a waiver of any such right or remedy.
h. These Terms shall be governed by the laws of England and Wales. The parties agree that the courts of England and Wales shall have exclusive jurisdiction to adjudicate any dispute between them.
16 July 2018