Terms of Use

Please pay special attention to the highlighted areas.

  1. Quotations/Estimates ~ A quotation not accepted within 30 days may be changed.

  2. Orders ~ Acceptance of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, act of God, and other causes beyond eBook Adaptations' control. Canceled orders require compensation for incurred costs and related obligations.

  3. Experimental Work ~ Experimental or preliminary work performed at the customer's request will be charged to the customer at eBook Adaptations' current rates. This work may not be used without eBook Adaptations' written consent.

  4. Creative Work ~ Sketches, copy, dummies, and all other creative work developed or furnished by eBook Adaptations are eBook Adaptations' exclusive property. eBook Adaptations must give written approval for all use of this work and for any derivation of ideas from it.

  5. Accuracy of Specifications ~ Quotations are based on the accuracy of the specifications provided. eBook Adaptations can requote a job at the time of submission if input materials do not conform to the information on which the original quotation was based.

  6. Venue ~ In the event of suit regarding this contract, then venue and jurisdiction therefore shall be in either the Superior or Municipal Court, as appropriate, of the county of Summit, Ohio. The parties agree and stipulate that the essential terms of this contract are to be performed in said County.

  7. Electronic Manuscripts/Images ~ It is the customer's responsibility to maintain a copy of the original file. eBook Adaptations is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or final input. Until digital input can be evaluated by eBook Adaptations, no claims or promises are made about eBook Adaptations' ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize customer-supplied files will be charged at prevailing rates.

  8. Alterations/Corrections ~ Customer alterations include all work performed in addition to the original specifications. All such work will be charged at eBook Adptations' current rates. eBook Adaptations will make corrections free-of-charge only if:

    1.  The requested corrections reflect a failure on eBook Adaptations' part to match the formatting or content of the customer's original file
    2. The requested corrections are submitted within 20 calendar days

  9. eBook Adaptations will provide final files for the customer's review and approval. These files will match the formatting and text of the original document as closely as possible. The customer should examine all files carefully, andnotify eBook Adaptations within 20 calendar days if an error has been made on eBook Adaptations' part. If the customer wishes to make changes to the files provided by eBook Adaptations, these changes will be charged at eBook Adaptations' current rates. All corrections must be submitted in writing, and sent in a single email to eBook Adaptations. Multiple emails will delay your order, and may incurr additional costs.

  10. Undetected errors ~ eBook Adaptations will not be responsible for undetected production errors if:
        
    -- Customer does not notify eBook Adaptations of an error within 20 calendar days of receipt
         -- Errors were present in the file supplied by the customer to eBook Adaptations for conversion.
        
    -- Requests for changes are communicated verbally.

  11. Customer's Property ~ eBook Adaptations will only maintain fire and extended coverage on property belonging to the customer while the property is in eBook Adaptations' possession. eBook Adaptations' liability for such property will not exceed the amount recoverable from the insurance.

  12. Delivery ~ Unless otherwise specified, the price quoted is for a single file, delivered via upload on customer's account on the eBook Adaptations' website. Charges for delivery of materials and supplies from the customer to eBook Adaptations or from the customer's supplier to eBook Adaptations are not included in quotations unless specified. Title for finished work passes to the customer upon upload of files to the customer's online account.

  13. Production Schedules ~ Production schedules will be established and followed by both the customer and eBook Adaptations. There will be no liability or penalty for delays due to a state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other cases beyond the control of eBook Adaptations. In such cases, schedules will be extended by an amount of time equal to the delay incurred.

  14. Outside Purchases ~ Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, are chargeable.

  15. Payment Terms ~ Payment is net cash, and must be paid in full before we begin production of your order. We accept Visa, MasterCard, Discover and American Express, as well as Paypal. Regular checks and money orders can also be sent, but this may delay your order. All unpaid invoices are subject to a finance charge of 2% per month.

  16. Claims for defects ~ Claims for defects, damages, or shortages must be made by the customer in writing no later than 20 calendar days after delivery. If no such claim is made, eBook Adaptations and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that eBook Adaptations' performance has fully satisfied all terms, conditions, and specifications. eBook Adaptations' Liability will be limited to the quoted converting price of defective goods without additional charge for special or consequential damages. As security for payment of any sum due under the terms of an agreement, eBook Adaptations has the right to hold and place a lien on all customer property in eBook Adaptations' possession. This right applies even if credit has been extended, notes have been accepted, trade acceptances have been made, or payment has been guaranteed. If payment is not made, the customer is liable for all collection costs incurred.

  17. Liability
    ~ Disclaimer of Express Warranties ~ eBook Adaptations warrants that the work is as described in the purchase order. The customer understands that all sketches, copy, dummies, and preparatory work shown to the customer are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed.
    ~ Disclaimer of Implied Warranties ~ eBook Adaptations warrants only that the work will conform to the description contained in the purchase order. eBook Adaptations' maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in the dispute. Under no circumstances will eBook Adaptations be liable for specific, individual, or consequential damages.

  18. Indemnification ~ The customer agrees to protect eBook Adaptations from economic loss and any other harmful consequences that might arise in connection with the work. This means the customer will hold eBook Adaptations harmless and save, indemnify, and otherwise defend eBook Adaptations against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.

  19. Copyrights. ~ The customer also warrants that the subject matter to be printed is not copyrighted by a third party. The customer also recognizes that because subject matter does not have to bear a copyright notice to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The customer further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the customer agrees to indemnify and hold eBook Adaptations harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided.

  20. Personal or Economic Rights. ~ The customer also warrants that the work does not contain anything that is libelous or scandalous or anything that threatens anyone's right to privacy or other personal or economic rights. The customer will, at the customer's sole expense, promptly and thoroughly defend eBook Adaptations in all legal actions on these grounds as long as eBook Adaptations promptly notifies the customer of legal action, and gives the customer reasonable time to undertake and conduct a defense. eBook Adaptations reserves the right to use its sole discretion in refusing to convert anything eBook Adaptations deems libelous, scandalous, improper, or infringing on copyright law.

  21. Storage ~ eBook Adaptations retains copies of production files used until the related end product has been accepted by the customer. If requested by the customer, intermediate materials will be stored for an additional period at an additional charge. eBook Adaptations is not liable for any loss or damage to stored material beyond what is recoverable by eBook Adaptations' fire and extended insurance coverage.

  22. Taxes ~ All taxes and assessments levied by any governmental authority are the responsibility of the customer. All amounts due for taxes and assessments will be added to the customer's invoice. No tax exemption will be granted unless the customer's "Exemption Certificate" (or other official proof of exemption) accompanies the purchase order. If, after the customer has paid the invoice, it is determined that more tax is due, then the customer must promptly remit the required taxes to the taxing authority or immediately reimburse eBook Adaptations for any additional taxes paid.

  23. Telecommunications ~ Unless otherwise agreed, the customer will pay for all transmission charges. eBook Adaptations is not responsible for any errors, omissions, or extra costs resulting from faults in transmission.

  24. Preparatory Material ~ Artwork, type, plates, negatives, positives, tapes, disks, computer files and other items supplied by eBook Adaptations shall remain eBook Adaptations' exclusive property.