These are the Terms & Conditions under which Story Terrace Inc provides you, whether you are a Customer, a Storyteller or a Contributor, with the Goods and Services. Following your order confirmation or your participation in the process, you will be deemed to have accepted these Terms & Conditions and the document below will be a legally enforceable agreement between you and Story Terrace Inc. Please, therefore, ensure you read, understand, accept and are happy with these Terms & Conditions before ordering a product or participating in a project with us.
I. General Provisions:
- These Terms & Conditions apply to the purchase of the Goods and Services by You (the “Customer” or “Client”, being the person purchasing the Goods and Services) and to you if you are a “StoryTeller” (being the person for whom the Goods and Services were purchased) or a “Contributor” (a person whose efforts or content 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 our Customers. 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.
- Customers 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 including moving images), 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 unless a contract between StoryTerrace and a company has been executed in which case it refers to a company;
- “Content” means a Book or any text, photographs, illustrations, audio files, video, etc. supplied by the Customer, StoryTeller or Contributor or by StoryTerrace or one of its subcontractors;
- “Contract” means these legally-binding Terms & Conditions 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 or through a separate written agreement; whether paid for online, by phone, bank transfer or otherwise;
- “Production Schedule” or “Project Plan” means the project plan shared with the Storyteller at the start of the process. Project plans run as standard for 7 months with a maximum duration of 9 months before extension fees are applicable. Editors from time to time adapt Project Plans during the course of a project or to meet specific requirements set out at the start of the project such as a desire to complete a project by a certain date.
- “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 organization 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 catalogs, brochures or another 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.
- 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.
- It is your responsibility to sign-off or request adjustments to the work done by your writer, editor and/ or designer.
- We will provide the StoryTeller with a Production Schedule which provides ample room for the StoryTeller to take unplanned breaks during your project and still complete your project within the maximum time of 9 months from purchase or the date a package was gifted. If you would like to take longer than that, the extension fees apply. If delays were to occur on our end we will add those to the 9 months. For some projects, because the StoryTeller will not be available for a while or due to its exceptional length, we can agree on a longer time frame in writing upfront. In case of hospitalization or passing of the StoryTeller, we will pause a project for up to 2 months at no extra charge. Please inform us by email in such cases.
- You will provide your feedback on the outline, sample chapter, draft manuscript and design proofs via email or the BookMaker platform in line with the dates agreed in your production schedule. You will also have the opportunity to have a consultation with your project editor around each of these milestones to discuss your feedback and any points you would like our guidance on. If you’d like to provide your feedback on a printed document, in person or over the phone you require our offline service which comes at an additional cost.
- 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/ structure of the Book — by adding stories not included in the approved outline, for example — or if you would like to change the writing style inferred from the sample chapter, this creates substantially more work. We can provide you with a quote for such additional work.
- We will incorporate all clearly articulated changes to the text you request on your first draft in a single 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 in your dedicated consultation 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 the additional work. If we don’t receive your feedback for 30 days after providing the draft manuscript we assume you are happy for us to proceed to design your Book. Your writer will not be available after this point and extra charges may apply if you would like to request changes after this point.
- If we don’t hear from you for 30 days after providing the proofs we assume you are happy for us to proceed to finalize your Book and if applicable send these to print.
- If you prefer to send us or a third party we work with physical documents including photos, you require our offline service which comes at an additional cost. We are not liable for the loss of or damage to physically sent documents.
- Please note that it is common for typos and 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. If you find any factual errors or misspellings we will incorporate the corrections as long as you indicate these to us before approving the draft for print.
- Extension fees are reviewed once per calendar year and therefore subject to change. We will inform you at least one month in advance of such changes. Our current extension fees are:
- $500 per month for Novella Packages;
- $400 per month for Complete Packages;
- $300 per month for Compact Packages;
- For tailor-made packages, the Novella Package fee will apply unless another fee is agreed in writing;
- Extension fees will need to be paid by the end of the 9 months or any later date agreed between You and Us in writing from when extension fees apply (for example in case the date got extended due to hospitalization). Fees will be incurred and payments will be required on a monthly basis from thereon until the project has been approved by You to go to print. If extension fees have not been paid within 14 days of the date from which extension fees are due we reserve the right to close down your project.
- In case a writer can’t proceed with your project we have the right to replace them with a writer of the same or higher standing considering your original writer match request. Any delays due to such change will be added to your project timeline without you incurring any cost.
- If you do not communicate with StoryTerrace for more than 60 days during the course of your project without informing us about this beforehand, 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 this 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 we will create a new project plan and price to complete your project. We will only restart the project once the full fee to complete the project has been paid.
- We ask that all Clients, StoryTellers and Contributors keep communication respectful at all times. Our team loves creating beautiful books for a wide range of clients and we would like them to enjoy their work every single day. 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 behavior include swearing, derogatory tones of voice and/or sexist, racist, homophobic or otherwise bigoted language, and any other behavior that StoryTerrace will reasonably 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. In some cases, a written warning will be provided to the Client. StoryTerrace reserves the right to inform authorities of threatening and violent behavior.
- 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 the Customer to us in writing. The Customer grants the StoryTeller the right to buy or add-on additional Goods & Services.
- If you are dissatisfied with any form of the process, you will inform us immediately via an email with the header “Dissatisfaction notice” to the email address in the “Attribution” section. You may request 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.
- You provide us with permission to use your front and back cover for promotional purposes. You can withdraw such permission at any point in time via an email with the header “Permission Withdrawal” to the email address in the “Attribution” section. We will comply with your request as soon as practically possible.
- In certain instances we ask our StoryTellers for permission to use further Content for promotional purposes. We will not publish any of this content unless you provide us with your explicit permission.
VI. Copyright & Confidentiality
- StoryTeller, Contributors and Customer agree that the copyright of any Content that is provided 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. StoryTerrace can grant you these rights by agreeing to some additional terms, which are for your and our legal protection, in writing. You can request a draft copyright transfer agreement at any point.
- If you publish any Content or any content is published on your behalf, you assume full responsibility for the publication and hold StoryTerrace harmless for 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 or have made an obvious error.
- 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 consumer. 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 tailored package.
- Prices and charges include sales tax at the rate applicable at the time of the Order. Please inform us if you are a business, as different sales tax rates may apply.
- You must pay by submitting your credit or debit card details with your Order or we can take payment immediately via bank transfer or telephone.
- You can pay in full or through 5 equal monthly installments of the total purchase price.
- The first payment is a refundable deposit. It is due before the start of the process. This amount becomes non-refundable when you accept a proposed writer for your project, or 30 days after payment – whichever is earlier.
- For tailored 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 redelivering them. We have no opportunity to store goods. Therefore, if delivery fails you may need to reorder and pay again for your Books.
- 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 Books will:
- if printed, be of satisfactory quality in relation to book industry standards;
- if printed, be in line with the digital version approved by you;
- 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 accept the quality of the Book(s) and agree 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 StoryTerrace because of a force majeure or an act of God:
- StoryTerrace will advise the other party as soon as reasonably practicable; and
- StoryTerrace’s obligations will be suspended so far as is reasonable, provided that it acts reasonably, and 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 gross 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, profession or reputation 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 Inc 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.
- Before you have accepted a proposed writer and within 30 days of the Order, you can request a full refund except for certain costs that have already been incurred by us including the price of our welcome package, postage, costs related to booked travel arrangements (if applicable), and any transaction cost.
- 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 80% 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 40% 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.
- 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.
- We try to avoid any dispute and intend to deal with complaints promptly.
Story Terrace Inc, 113 N. San Vicente Blvd, Suite 200, Beverly Hills, CA 90211
Email: [email protected]
Phone: +1 424-242-1160