This Service Agreement (“Agreement”) is made between Blueink Media Solutions (the “Publisher”) and You (the “Author”). The Publisher and the Author may be referred to collectively as the “Parties”. Failure of either party to comply with the terms and conditions herein may result in the termination of the contract. The “Work” in this agreement refers to any of your unpublished work. You (the “Author”) agree by signing this form in its designated signatory page. 

1. NAME, DESCRIPTION OF SERVICE AND SERVICE INCLUSIONS 

The following is a list of services that will be performed wholly, or in-part according to each client’s specific needs, objectives, and agreed upon package. There is no guarantee of immediate results upon employing any of the services listed below.

2. WARRANTIES 

The Author hereby represents and warrants that they possess rightful ownership of the Work and hold the copyright to all its contents. They further confirm that no act of plagiarism has been committed, and in the case of fictional works, no real events or individuals have been portrayed in a manner that could be deemed defamatory. Moreover, in the case of nonfiction works, no facts have been misrepresented or omitted in a way that could result in defamation or harm to any person. The Author also affirms that the Work does not infringe upon any copyright, trademark, or privacy rights of third parties. Additionally, the Author declares ownership of any associated trademarks or trade names related to the Work. It is further warranted that the Work does not fall within the categories of obscenity or hate literature, and that the Author possesses the legal right to enter into this Agreement. Furthermore, the Author represents and warrants that they are at least eighteen years old. In the event that the Author is below the age of eighteen, they represent and warrant that this Agreement is being executed by their parent or legal guardian, who assumes all liability for the warranties and responsibilities outlined herein. 

3. DISCLAIMER OF WARRANTIES 

The Publisher does not provide any guarantee of sales success resulting from the services rendered. It is expressly stated that the Publisher is not liable for any level of accomplishment or failure pertaining to the Author’s work, whether directly or indirectly associated with the purchase and utilization of the Publisher’s products and services. 

4. INDEMNIFICATION 

The Author hereby agrees to indemnify, defend, and hold harmless the Publisher, its employees, shareholders, directors, partners, representatives, successors, and assigns, from and against all claims, liabilities, damages, losses, expenses (including reasonable attorney’s fees), awards, and judgments arising from third-party claims concerning ownership, libel, slander, plagiarism, privacy violations, copyright infringement, misappropriation, and any similar claims arising from the publication of the Work.
The Publisher shall have the right to select its own legal representation in any proceeding, and the Author may, at their own expense, retain counsel in addition to such representation.

5. PERMISSIONS 

The Author hereby undertakes the responsibility to secure all requisite permissions for the utilization of copyrighted materials belonging to third parties. The Author shall bear the financial obligations associated with obtaining said permissions. Such permissions shall be procured in written form and copies thereof shall be furnished to the Publisher upon submission of the manuscript.

6. ROYALTIES AND PRICING 

The Author shall be entitled to receive 100% of the net profit for each wholesale print copy sold, subject to payment received by the Publisher, with deductions for shipping, handling, and processing fees. Royalties shall be disbursed via check within 45-60 days following the conclusion of each quarter. The total amount due must be equal to or exceed $50 to be eligible for payment within the corresponding quarter. In the event that royalties fall below $50, the balance will be carried forward to the subsequent quarter until the accumulated amount reaches at least $50. The issued check shall be dispatched to the Author’s address as stipulated in this Agreement. 

For checks not cashed within 90 days of issuance, the bank will cancel them, and a $25 administrative fee will apply should the Author request a replacement check. It is the responsibility of the Author to maintain an updated address with the Publisher. In the event that a royalty check is returned as undeliverable due to an outdated address, a request by the Author will result in reissuance, subject to administrative fees, within 90 days. Unclaimed royalties after a period of two years shall revert to the ownership of the Publisher.

7. AUTHOR’S INITIAL AND COMPLIMENTARY COPIES 

The Author shall receive complimentary print copies, the quantity of which shall be contingent upon the final page count of the book. The printing cost of these complimentary copies shall be waived. The Author shall assume responsibility for all shipping and handling expenses, and such costs must be paid in full. Payment methods accepted include debit cards, credit cards, checks, and money orders. 

8. TERMINATION AND REFUNDS 

The Publisher endeavors to fulfill its obligations promptly and in accordance with the agreements reached with the Author. While the majority of services offered by the Publisher can be executed expeditiously, certain services may necessitate a timeframe of several weeks or months to reach completion. It shall be noted that the installment fee of $39 will apply to all purchases made under a payment plan and is non-refundable regardless of whether or not this Agreement is signed. In the event that the Author requests a refund, it shall be entertained as follows:

• 1 to 5 days from payment, a full refund will be given less $150 or 10% of the paid amount, whichever is greater, as a processing fee. 

• 6 to 14 days from payment, a refund of 50% will be given less $150 or 10% of the paid amount, whichever is greater, as processing fee.

• Refunds will not be granted after a period of 15 days from the date of payment. This is due to the fact that endorsements will have been made, and fulfillment processes will have commenced during this time.

If the Author opts to use their bank’s dispute or chargeback systems, they forfeit their right to a refund from the Publisher and agree to follow the bank’s dispute resolution process. For services in which fulfillment involves the engagement of third-party entities, including but not limited to audiobooks, book fairs (including book fair magazine), book orders, book reviews, book videos, editing services, illustrations, LA Times Newspaper and Magazine, book blogs, screenplay services (including treatment, pitching, logline, and synopsis), and translation services, it is agreed that no refund can be provided. The refund process may experience delays should the Author fail to respond promptly to email correspondence regarding service performance. The Publisher shall not be held responsible for any delays in service performance attributable to the fault of the Author. The Author retains the option to proceed with the service even without the granting of a refund.

9. NOTICES 

All notices directed to the Publisher must be transmitted in writing and addressed to 1111B S Governors Ave STE 7582 Dover, DE 19904 US. Likewise, all notices intended for the Author shall be provided in writing and sent to the address designated by the Author.

10. COMPLETE AGREEMENT

The undersigned party hereby acknowledges and agrees to the terms and conditions set forth herein, as follows: 

• By providing their credit card or debit card information, the Author confirms that they have read and comprehended this Agreement;

• The Author undertakes the responsibility to ensure the active status of the provided credit card and to maintain sufficient available funds in their designated debit card account, in order to fulfill all financial obligations arising from Publisher’s billing. Moreover, the Author grants the Publisher authorization to initiate charges to the specified payment method for the full amount as required under this Agreement;

• The Author authorizes the financial institution associated with the designated payment method, as mentioned above, to process charges or debit their account and remit payments to the Publisher in relation to the provided services;

• This authorization shall remain in effect until such time that the Author provides a notification, as required by this Agreement, to terminate this authorization.

11. Payment Processing and Gateway Authorization

The Author hereby acknowledges and agrees that BlueInk Media Solutions (“Publisher”) may process payments related to this Agreement under the names BIMS, BlueInk Media, BlueInk, Relevate Design, or Relevate on the Payment Processing Gateway. The Author authorizes the Publisher to initiate charges to the Author’s provided payment method(s), including but not limited to credit card or debit card, under any of these names. This authorization is made with the understanding that the listed names represent the Publisher’s business entities or operational divisions and that the processing of payments under any of these names does not alter the Publisher’s obligations or the Author’s rights under this Agreement.

The Author further agrees to not dispute these charges based solely on the name under which they are processed, provided the charges correspond to the agreed-upon amounts for services rendered as outlined in this Agreement. Should the Author have any concerns or queries regarding any charge, they agree to contact the Publisher directly to seek clarification or resolution before initiating a chargeback or dispute with their financial institution.

This clause ensures transparency in the payment process and grants explicit permission for the Publisher to conduct financial transactions under various operational names, thereby facilitating smooth and undisrupted payment processing for services provided under this Agreement.

12. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY

If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

13. MODIFICATION BY SUBSEQUENT AGREEMENT

This Agreement may be modified by subsequent agreement/s of the parties only by an instrument in writing signed by both of the Vendor and Client, or an oral agreement only to the extent that the parties carry it out.

THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM. IF MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE, JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. CLIENT SHALL RECEIVE A FULLY EXECUTED DUPLICATE OF THIS AGREEMENT.