Effective Date: January 2018
Last Updated: December 2025
1. Parties
This Self-Publishing Services
Agreement (“Agreement”) is entered into between:
Achievers Publishing, part of Philips Reliability Consult Inc., a corporation registered in Canada
with its principal place of business in Calgary, Alberta (“Publisher”),
and
The individual author identified in
the applicable Title Setup Form (“Author”).
Together referred to as the
“Parties.”
2. Purpose Of Agreement
The Publisher agrees to provide
self-publishing services to the Author in connection with the Author’s literary
work (“Work”) according to the publishing package selected by the Author.
This Agreement governs all services
including formatting, design, ISBN assignment, distribution setup, and related
publishing support.
3. Nature Of Relationship
The Parties acknowledge:
This
is a self-publishing services agreement.
The
Author retains full copyright ownership of the Work.
The
Publisher is not acquiring copyright ownership.
The
Publisher is acting as a service provider and distributor under license.
Nothing in this Agreement creates a
partnership, joint venture, or employment relationship.
4. Author Warranties &
Representations
The Author represents and warrants
that:
The
Author is at least 18 years of age and legally competent to enter into
this Agreement.
The
Work is original to the Author except where permissions have been secured.
The
Work does not infringe any copyright, trademark, patent, trade secret, or
other proprietary right.
The
Work does not contain defamatory, unlawful, obscene, fraudulent, or
infringing material.
All
factual statements are accurate to the best of the Author’s knowledge.
The
Author holds all necessary rights for any included images, graphics, or
third-party content.
The
Author will indemnify and hold harmless the Publisher against any claims
arising from breach of these warranties.
5. License Granted to Publisher
The Author grants the Publisher a non-exclusive,
worldwide license to:
Print,
reproduce, publish, distribute, and sell the Work in print and/or digital
formats.
Market
and promote the Work.
Use
the Author’s name, likeness, biography, and book excerpts for promotional
purposes.
All rights not expressly granted
remain with the Author.
6. Publishing Services
The Publisher shall provide services
according to the selected Publishing Package, which may include:
The Publisher does not guarantee
commercial success, sales volume, or retailer placement.
7. Production Files & Ownership
The Author retains copyright
ownership of the written content.
However:
Production-ready
layout files created by the Publisher remain the Publisher’s production
property.
These
files may not be used with third-party printers without written
authorization.
If
production files are requested for external use, administrative release
fees may apply.
This reflects standard publishing
industry practice.
8. ISBN & Publisher of Record
If the Author elects to use an ISBN
supplied by the Publisher:
The
Publisher will be listed as publisher of record.
The
ISBN may only be used for the edition published through the Publisher.
The
ISBN is not transferable.
If the Author uses their own ISBN:
Legal deposit requirements (where
applicable) remain the responsibility of the Author, though the Publisher may
facilitate submission.
9. Distribution & Retail Listing
The Publisher will submit the Work to
applicable distribution networks.
The Publisher does not guarantee:
Retailers independently determine
stocking and discount structures.
10. Royalties
Royalty calculations follow the
formula:
Retail Price – Distribution Discount
– Print Charge = Author Royalty
Royalty payments:
The Author is solely responsible for
income tax reporting.
The Publisher reserves the right to
offset unpaid balances against royalties due.
11. Author Copies
The Author may purchase copies at the
applicable print charge.
No royalties are payable on:
12. Annual File Maintenance
If applicable, a digital storage or
maintenance fee may be required to keep the Work active in distribution.
Failure to pay such fee may result in
deactivation of the title.
13. Limitation Of Liability
The Publisher’s total liability under
this Agreement shall not exceed the total fees paid by the Author for the
specific service giving rise to the claim.
The Publisher shall not be liable
for:
14. Indemnification
The Author agrees to indemnify and
hold harmless the Publisher, its officers, employees, and affiliates from any
claim arising from:
Breach
of warranty
Copyright
infringement
Defamation
Illegal
content
Misrepresentation
15. Termination
This Agreement may be terminated:
Upon termination:
Rights
revert to the Author
Distribution
may be discontinued
Outstanding
royalties will be paid within standard cycle
Outstanding
balances remain payable
16. Bankruptcy
If the Publisher becomes insolvent or
ceases business operations, this Agreement terminates and all licensed rights
revert to the Author.
17. Force Majeure
Neither Party shall be liable for
failure to perform due to events beyond reasonable control, including natural
disasters, governmental action, war, or labor disruption.
18. Dispute Resolution
The Parties agree to:
Attempt
good faith negotiation.
If
unresolved, submit to mediation in Canada.
If
still unresolved, arbitration or court jurisdiction in Alberta, Canada.
19. Governing Law
This Agreement shall be governed by
the laws of the Province of Alberta and the federal laws of Canada.
20. Entire Agreement
This Agreement constitutes the entire
agreement between the Parties and supersedes all prior agreements or
representations.
Any amendments must be in writing.
21. Severability
If any provision is held invalid, the
remaining provisions shall remain enforceable.
22. Acceptance
By completing the Title Setup Form
and submitting payment, the Author acknowledges and agrees to this Agreement.
