I. General Provisions:
- These Terms & Conditions apply to the purchase of the Goods and Services by you (the “Customer” or “You” or “Client”, being the person purchasing the Goods and Services) and to you if you are a “StoryTeller” or “Contributor” (being the person for whom the Goods and Services were purchased, or a person whose efforts are required to complete the Goods and Services).
- We are StoryTerrace whose trading name is Story Terrace Inc, a company registered in Delaware with company number 36-4858097 whose registered office is 2035 Sunset Lake Road, Suite B-2, Newark, county of New Castle, DE 19702, USA (“Story Terrace” or “StoryTerrace” or the “Supplier” or “Us” “We”).
- These are the terms on which we sell all Goods & Services to you. By ordering any of the Goods & Services, you agree to be bound by these Terms & Conditions. You can only purchase the Goods and Services from us if You are eligible to enter into a contract and are at least 18 years of age.
- To deliver the Goods & Services, You agree that We can take directions from the StoryTeller, and that You buy these Goods & Services as if they were the Customer.
- “Book” or “Books” means the final output, whether long or short form and whether printed or in electronic format (defined as hard-drives/ image files/ e-books and any other digital formats), that has been created by StoryTerrace using the Customer’s, StoryTeller’s and/ or Contributor’s input.
- “Customer” or “Client” means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- “Content” means a Book or any text, photographs, illustrations, video, etc. supplied by the Customer, StoryTeller or Contributor or by StoryTerrace or one of its subcontractors;
- “Contract” means this legally-binding Terms & Conditions agreement between You and Us for the supply of the Goods and Services;
- “Contributor” means a person that has contributed any content or has been interviewed as part of creating a Book;
- “Delivery Location” means the location indicated by the Customer or StoryTeller where the Goods are to be supplied, as set out in the Order;
- “Durable Medium” means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- “Goods”, “Services” or “Goods & Services” means the goods and services advertised on the Website or agreed in written form that we supply to you of the number and description as set out in the Order;
- “Order” means the Customer’s order for the Goods & Services from the Supplier as submitted following the step by step process set out on the Website; whether paid for online, by phone, bank transfer or otherwise;
- “StoryTeller” means the person the Book is about, or the person we are creating the book with, if it is about a group of people or a third person or an organisation or anything else; this does not necessarily have to be the Customer; the StoryTeller is the main source of Content usually through interviews with a writer assigned to the project, by supplying or a manuscript, and uploading images;
- “Website” means our website storyterrace.com and any other related domains on which the Goods & Services are advertised or through which the Services are supplied.
III. Goods & Services and Process
- The description of the Goods & Services and process to create them is as set out on the Website, in catalogues, brochures or other form of advertisement. However, any description we have provided is for illustrative purposes only. There may be limited discrepancies in the Goods & Services supplied. We may also adapt the process in order to create the best possible service and final product.
- The nature of the Goods & Services You have ordered will be set out in an email confirmation following your order, and is personal to You.
- We will write the Book according to the outline and sample chapter approved by you. If you change your mind afterwards and would like to change the outline or style inferred from the sample chapter leading to substantially more work we can provide you a quote for the additional work.
- We will incorporate any clearly articulated changes to the text you may request in your first draft in a round of revisions. It’s your book so please let us know as many changes in this round of revisions as you’d like to make the perfect book. If you are unsure about any text, your title, your back cover, the image to use on your front cover, you name it – your writer or editor will be delighted to make suggestions and help you make the right choices. If you change your mind and would like to have more changes in a further round of revisions we can provide you with a quote for this.
- If you find any further factual errors or misspellings we will incorporate these as long as you indicate these to us before approving the proof for print.
- Please note that it is possible for errors to slip through the cracks for any book, even the most successful bestsellers. We will do our best to catch them all but can’t guarantee this.
- During your project, you can work with a writer for a period of up to 6 months. There is additional time for the writer matching and design stage. This is more than sufficient to write and comment on your story to create a beautiful book in your words. For some projects, because the client will not be available for a while or due to its exceptional length, we can agree a longer time frame in writing upfront. If no exceptions apply and you wish to work with your writer for longer than 6 months you will be required to pay an extension fee of 5% of your total project value for each additional 2 months of time. This applies to all projects unless timeline updates are explicitly agreed between the Client or Storyteller and StoryTerrace. We will only continue the project once the extension fee has been paid.
- If you do not communicate with StoryTerrace for more than 60 days during the course of your project, we terminate your project with no refund (see Clause 54 which sets out our refund policy in more detail). StoryTerrace agrees to attempt to contact the StoryTeller at least 5 times by email, post, voicemails or a combination during the the 60 day period. You will be able to restart your project within 6 months of the cancellation by notifying us in an email. Restarting a project creates additional work. Therefore, in those cases you will be liable for a reactivation fee of 10% of the total value of your project. We will only restart the project once the reactivation fee has been paid.
- As most of our Goods & Services are completely custom-made, it is your responsibility to supply us with the relevant information through interviews and electronically with documents, including photos, which we need to complete the Order. If you prefer to send us documents such as photos by post, we may charge you for handling and scanning these professionally. We will always inform you of additional costs upfront.
- It is your responsibility to sign-off or request adjustments to the work done by your writer, editor and/ or designer. You can provide comments via our BookMaker platform, email, or phone. No Book will be printed without your confirmation.
- We ask that all Clients keep communication respectful at all times. StoryTerrace reserves the right to cancel projects where abusive behavior is directed towards StoryTerrace staff or freelancers (e.g. writers), whether abuse occurs in person, in writing, or over video or phone call(s). Examples of abusive behaviour include swearing, derogatory tones of voice and/or sexist, racist, homophobic or otherwise bigoted language, and any other behaviour that StoryTerrace will deem to be abusive. In severe cases, the Client’s project will be immediately cancelled and the Client will not be eligible for a refund on costs to date. In some cases, a written warning will be provided to the Client before cancelling.
- The Customer grants the StoryTeller the right to buy or add-on additional Goods & Services. If the StoryTeller and Customer are not the same person, the Customer is not responsible for any add-on Goods & Services ordered by the StoryTeller unless indicated by you to us in writing.
- If you are dissatisfied with any form of the process, you will inform us immediately via an email with the header “Dissatisfaction notice”. You may ask for a call back if you’d like to discuss your issue. You will provide us with the opportunity to remedy any dissatisfaction and we will make reasonable efforts to remedy your valid dissatisfaction.
- All Goods & Services which appear on the Website are subject to availability and to change.
- We can make changes to the Goods & Services which are necessary to comply with any applicable law or safety requirement at any point in time. We will notify you of these changes.
IV. Grant of Rights and Territory
- Term or time of period is the life of the copyright.
- Geographic scope: world.
V. Personal Information
- You expressly agree that we can contact you using e-mail or other electronic communication methods, by pre-paid post and by phone. We will try to stick to your preferred mode of communication.
- In certain instances we ask our StoryTellers for permission to use Content for promotional purposes. We will not publish any of your content unless you provide us with your permission.
VI. Copyright & Confidentiality
- StoryTeller, Contributors and Customer agree that the copyright of any Content is automatically passed on to the StoryTeller and StoryTerrace. StoryTeller and StoryTerrace can therefore use any content in the Book in the format it was supplied by a Contributor or adapted as they see fit.
- The StoryTeller has the right to share the Book both electronically and in print, with friends, family members and colleagues. The StoryTeller is liable for any damages as a result of complaints made about the Content by third-parties including defamation charges.
- Books are not produced for publishing to the general public.
- Unless otherwise agreed in writing, Books are private and confidential.
- StoryTeller and StoryTerrace share the copyright of the Book and any draft versions of the Book or the manuscript. This means StoryTerrace cannot publish the Book or any part of it, without the permission of the StoryTeller; and vice versa.
- Please let your StoryTerrace editor know if you would like to publish your book more widely. In most cases StoryTerrace can grant you these rights by agreeing to some additional terms, which are for your and our legal protection.
- If the StoryTeller asks permission to publish any Content and this is granted by StoryTerrace, the StoryTeller assumes full responsibility for the publication and any damages resulting from that publication, even if the publication is facilitated or executed by StoryTerrace.
VII. Basis of Sale
- The description of the Goods & Services on our website does not constitute a contractual offer to sell the Goods and Services. When an Order has been submitted on the Website, we can reject it for any reason, although we aim to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the Goods and Services ordered only when you receive an email from us confirming the Order (the “Order Confirmation”). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Order, but in any event not later than the delivery of any Goods and Services supplied under the Contract.
- Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods and Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and StoryTerrace in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Client. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for trading with a business.
VIII. Price & Payments
- The price of the Goods & Services and any additional delivery or other charges is the price set out on the Website at the date of the Order or such other price as we may agree in writing and confirm in your Order Confirmation. You will provide us the opportunity to correct any errors we make when quoting a bespoke package.
- Prices and charges include VAT at the rate applicable at the time of the Order. Please inform us if you are a business, as different VAT rates may apply.
- You must pay by submitting your credit or debit card details with your Order or we can take payment immediately via BACS or telephone.
- You can pay either in full before the start of the writer match process or 50% before the start of the writer match process and 50% after approval of the outline of your book and your sample chapter.
- In some cases we may offer a ‘refundable deposit’. In this case, the following payment schedule applies:
- 10% of the total price as a refundable deposit will be paid before the start of the writer matching process. This amount becomes non-refundable when you accept a proposed writer for your project, or 30 days after payment – whichever is earlier;
- 45% of the total price will be invoiced upon accepting a writer for your project.
- 45% of the total price will be invoiced upon the acceptance of the outline and your sample chapter that we create on the back of the interviews.
- For bespoke packages we may agree different payment terms in writing.
- Upgrades are invoiced immediately and need to be paid before we can proceed with the process.
- Any invoice we send to you is due for payment within 7 days.
- We reserve the right to suspend all work on your project if any payment is overdue.
- We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay. If any step in the process is delayed by the StoryTeller or a Contributor, delivery of the Goods is likely to be delayed.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
X. Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods nor any copyright until we have received payment in full.
- We have a legal duty to supply the Goods and Services in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- if printed, be in line with the digital version approved by you;
- be of satisfactory quality;
- conform to their description as set out in the Order Confirmation;
- Although we aim to deliver your Book(s) in the highest quality possible, we can’t guarantee a book without any errors. A book without mistakes simply does not exist, even in commercial publishing, regardless of the size of print run or success of the title.
- With the Customer’s or StoryTeller’s final approval of the proof, the Customer or StoryTeller confirms that they accepts the quality of the Book(s) and agrees that no further comments will be entered or changes requested.
XII. Successors and Subcontractors
- StoryTerrace can transfer the benefits and obligations of this Contract to a third party in case of a sale, merger or legal restructuring.
- The Supplier will be liable for the acts of any subcontractors who it chooses to help perform its duties.
- If the Client is a person it can’t transfer the benefits and obligations of this Contract.
- If the Client is a company it can only transfer the benefits and obligations of this Contract to a third party in case of a sale, merger or legal restructuring.
XIII. Circumstances Beyond the Control of Either Party
- In the event of any failure by a party because of an act of God:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that party acts reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel.
XIV. Excluding Liability
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession as the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
- StoryTerrace will not be liable for any loss of profits, economic loss, or indirect or consequential loss of any kind arising out of or in connection with the Project.
- The total aggregate liability of StoryTerrace, whether in contract or tort, to Customer, StoryTeller and Contributor under or in connection with the Order or any actions or inactions of Story Terrace and/or its Associates and/ or freelancers providing services on its behalf will not exceed in aggregate the total fee paid for the accepted Order.
XV. Withdrawal, Cancellation and Refunds
- You can cancel the Order by sending an email with the title “Order Cancellation” to [email protected] copying your editor. You don’t need to give us a reason.
- Our Goods & Services are personalised. In relation to our standard packages, printing is a small part of the cost of the Goods & Services StoryTerrace provides. Therefore, if you would like to cancel a project once the writer, editor, designer or any other person providing a service directly related to your project has commenced work, your ability to request a refund is limited.
- We have the right to deduct the cost of our welcome package, costs related to booked travel arrangements, and any transaction cost incurred from the amount you are eligible according to Clause 77.
- Before you have accepted a proposed writer and within 30 days of the Order, you can request a full refund except for certain costs incurred by us that are described in Clause 78;
- In relation to partial refunds, if you cancel:
- After you accept a writer match or 30 days since the Order, but before your first interview and within 60 days, you can retrieve 90% of the price of your package if you have paid in full;
- After your first interview or 60 days since the Order, but before approving your outline and sample chapter and within 90 days, you can retrieve 45% of the price of your package if you have paid in full;
- For the avoidance of doubt, you are no longer eligible for refunds after approving your outline or after more than 90 days since the Order.
- In all cases, if delays in meeting milestones with respect to completing the interviews, outline of your book, sample chapter or first draft of the full text are due to StoryTerrace we will automatically extend the period you can cancel a project and request a refund.
- If life gets in the way, you can request an extension to complete a milestone. We grant one extension of up to 3 months without the need to inform us of a reason. The Client or StoryTeller is required to request such extension by emailing their editor before the end of the relevant period. Additional extensions are at the discretion of StoryTerrace. In either case, a reactivation fee of 10% of the total cost of the project applies as it is significantly more work for our writers and editors to pick up a project that has gone cold for a while.
- We will make any applicable reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to discontinue our services.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. We are not able to repay by check. In such a case, please provide us with an alternative such as the details required for a bank transfer.
XVI. Governing Law, Jurisdiction and Complaints
- The Contract (including any non-contractual matters) is governed by the laws of Delaware.
- Disputes can be submitted to the jurisdiction of the courts of Delaware.
Story Terrace Inc.
113 N. San Vicente Blvd, Suite 200, Beverly Hills, CA 90211
London, E1 7QA, United Kingdom
Email: [email protected]
Phone: +1 424-242-1160