About Us and Our Business

We were established back in 2006 and we’ve been busy producing and supplying the very best romance fiction in the market ever since.

Our flagship publishing house, Totally Bound Publishing, has been offering romantica books from the beginning. With more than three hundred and fifty talented authors and a loyal reader base around the world, we release more than a hundred and fifty books per year through our imprints.

We are known for innovation, passion, publishing excellence and quality and offer the best stimulation for the imagination.

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“We believe that happy authors are productive authors, so we’ve put a lot of time and thought into crafting processes that are conducive to author confidence and creativity.”

Claire Siemaszkiewicz CEO

The team at Totally Entwined provide a unique service to our authors and readers. We are a royalty paying, full-service Publisher. This means that there are no fees to the author to become published with us. We also offer the only 'Open Publishing' model in the market, giving authors the flexibility needed in an ever-changing publishing world.

Brought together by a mutual love of outstanding romance fiction, we offer a mass of business experience in the form of editors, artists, marketeers, IT technicians, international rights and support staff to meet all your needs. We love what we do and are totally dedicated and committed to providing the best service that we can to our authors and our readers.

MEET OUR CEO

Our business was founded by Claire Siemaszkiewicz, a business entrepreneur and romantica fiction fan who understood first-hand just how life-enhancing a daily serving of steamy stories about passion, power and relationships could be.

Working shoulder-to-shoulder with husband Marek, she set about building our flagship publishing imprint, Totally Bound Publishing and created the publishing powerhouse we are today.

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“We are one of the biggest digital publishers of romance fiction. We seek out the most talented authors in the industry to stay ahead of the market.”

Claire Siemaszkiewicz CEO

Author Introduction

Hello Authors! Here's a brief introduction to the Totally Entwined Group from our CEO, Claire Siemaszkiewicz.

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What We Do

As a top publisher of romantica fiction, our philosophy is simple. We want to provide our readers with an ‘A List’ experience that lets them lose themselves in gorgeous stories that offer stimulation for the imagination, and enable authors to get their stories out to the world for readers to enjoy. Our mission is to bring fabulous fiction to the widest possible audience. We lead where others follow in the ever-changing digital publishing market and we’re dedicated to developing the profile of our authors and our industry as a whole.

Our aim is to set the platinum standard for authors in the Romance genre. We want you to have a totally A-list experience, irrespective of where you are in the publishing process. From submission, through editing, to the all important receipt of royalties, we go the extra mile to create an environment where you feel comfortable, valued and totally engaged.

We've been going strong as a market leader for fourteen years. As well as being a digital first publishing pioneer, we're also the first publisher to offer an 'Open Publishing' model to authors, giving them a more diverse offering than ever before.

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“Nothing should stand in the way of a reader’s enjoyment. That’s why we seek out the most talented authors in the industry and put a firm emphasis on first-class writing and editing.”

For authors: We have created a dynamic environment with a new approach, which encourages new as well as seasoned authors to make the best of experienced professionals to help bring books to market, and a strong distribution, sales, marketing and promotional platform that's effective.

For readers: We offer a welcoming environment for romance fiction escapism, bringing some of the best fiction in the marketplace to our readers, at great prices. Customer support is essential, and we ensure that we are always available for our customers when they need us.


Quality counts

Nothing should stand in the way of a reader’s enjoyment. That’s why we seek out the most talented authors in the industry and put a firm emphasis on first-class writing and editing. We’ve also created a set of beautiful on-line book stores to deliver a consumer shopping experience that is simple, professional and enjoyable in equal measure.


Indulge your passion

We aim to offer something for everyone, so our stories span a whole range of genres and subject matter. They do, however, share a few critical ingredients. A strong storyline is a must have. We insist on compelling characterisations and relationships that unfold to draw our readers deep into the imaginary world of romance fiction.


"Nothing should stand in the way of a reader's enjoyment."

Claire Siemaszkiewicz, CEO

MEET THE TEAM

"Brought together by a mutual love of outstanding romance fiction, we offer a mass of business experience in the form of editors, artists, marketeers, IT technicians, international rights and support staff to meet all of your needs.”

Claire Siemaszkiewicz, CEO

A big hello from us

Meet the team that are hands-on supporting our customers and our authors. Each and every person who works for Totally Entwined Group shares a real passion and commitment to take fabulous fiction to the widest possible audience.

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Claire is the entrepreneurial powerhouse behind the Totally Entwined Group. As well as directing the business and leading our team, Claire is always on hand to give our authors guidance.

Marek

Marek is co-founder of the Totally Entwined Group and leader of all things technical (more or less everything in an innovative digital business like ours) assisting the development of business and ensuring all staff have what they need to work efficiently.

Rebecca is queen of our publishing process, here to expedite the transformation of your manuscript into a totally polished end product. As director to our editors, Rebecca is all-seeing and all-knowing.

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Jamie has loved books since her obsession with Nancy Drew. As a content editor for TEG, Jamie looks for books that transport readers to places of their deepest yearnings, and she delights in helping authors hone their craft, making them the best and most magical wordsmiths they can be.

AnnLeveille

Ann is a sucker for a really good story. She started out working at a library, before dipping her toes into book reviews, and finally finding a job editing fiction. She’s been doing that for over fifteen years now, specializing in romance and erotic romance.

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Rebecca’s path to fiction editing came via teaching English throughout the south of Europe for the British Council, then a move into the Council’s local translation unit when she wanted to put down roots. She began proofreading for a leading US erotic romance publisher, and when they offered to employ her as an editor, that was it.

Lori Heaford

Lori is a passionate wordsmith with a keen eye for detail and a flair for rhythm. She loves working as a first line editor, making sure that books hit the press in the best possible shape and enjoying regular bouts of 'the weepies' (she can’t help it) when stories touch her heart!

Susan Albinson

Susan has been with TEG for nearly five years. She enjoys murder-mysteries and the fantasy genre (though nothing too grimdark!) and has an eagle eye for misused words.

Do you love publishing?

We’re busy growing our business, so we’re creating new opportunities all the time. If you share our love of romance, erotic romance, gay fiction or young adult fiction, and have the dedication to be a pioneer of quality and professionalism in our industry, take a look below to explore any opportunities available at present.

Editing positions available

Experienced, qualified line/content editors should in the first instance send your CV to our Human Resources Department.

Click to apply now

Internships available

We’re always on the look out for the crème de la crème of graduate talent to support our HQ team here at Totally Towers in our UK head office. We’d be particularly interested to hear from people with qualifications in English, Creative Writing, Publishing, Business, Journalism and Marketing. If you are interested, please email your CV with a covering letter to Human Resources.

Click to apply now

Cover Artist positions available

Totally Entwined is seeking talented, creative, professional artists. Requirements include:

  • Expert in creating art via photo manipulation, Adobe Photoshop, Corel Painter, and a variety of other media.
  • Ability to create realistic people or nonhuman beings such as deities in mythology, aliens of various types, shapeshifters and paranormal entities (vampires, elves, etc) with a highly sensual look and feel.
  • Ability to create original and inspired art.
  • Ability to work to strict deadlines.
  • Willingness to work in a team and take direction when necessary. Interested, qualified candidates should email examples/links to Human Resources.
Click to apply now

"We’re busy growing our business, so we’re creating new opportunities all the time."

Claire Siemaszkiewicz, CEO

Totally Entwined Group

Open Pub Agreement Plan 1


SERVICE AGREEMENT

Author Name:  

Name:    

Author Address: , , ,  

THIS AGREEMENT is made on this date (logged as payment of services date)

This contract (“Contract”) is entered into by Open Pub, a publishing service provider and subsidiary of Totally Entwined Group Limited, and you, the author accountable for any works owned by you.

IT IS AGREED as follows:

You have entered into an agreement with Open Pub to provide you with book related services.

You have agreed the following terms in relation to the services you have purchased from Open Pub.

1. OPEN PUB

Open Pub is a publishing service provider which enables you to create, and sell fiction works you hold the copyright to, either as an eBook, as a physical print-on-demand book (POD), or as an audio book. Towards this end, Open Pub offers you a digital sales platform and channel partners, as well as several publishing services and Author services to improve the quality and promote the sales of your Work.

2. RIGHTS TO THE WORK

2.1       Any publication services you choose to purchase from Open Pub are services enabling and helping you to create and sell your Work. Open Pub is not the Publisher, consequently, the copyright and/or any intellectual property or proprietary rights pertaining to the Work are not transferred to Open Pub at any time. You retain full rights to your Work.

2.2       Open Pub and its contracted partners are granted a limited, non-exclusive and non-transferable right and licence to use the Content, including cover, marketing images and first chapter material, to exercise its rights hereunder, including without limitation the right and licence to display, distribute, reproduce and store the Content on Open Pub on-premises systems and off-site systems operated by third party service providers. 

2.2.      By entering into this Contract, you confirm that you own full rights to the Work and that you therefore have the right to enter into this Contract.

3. OPEN PUB SERVICES

This agreement covers all of the services available for purchase at the Open Pub and Totally Entwined website. Open Pub reserves the right to update or alter any of the services or service packages available at any time prior to entering into this Contract. You should therefore check the website for the latest information on the services and packages available before completing your purchase and confirming this Contract.

3.1 EDITING SERVICES

 3.1.1. Content/Substantive editing – at $0.016 per word rate. If additional time is needed for a more substantial content edit a further $0.008/€0.008/£0.0062 per word rate will apply.

Edit to be completed in track changes within a Word document and to include a first round of edits to pick up main overarching errors. An email will be sent to explain what is needed for correction of the manuscript. At this stage, the time that it is likely to take to complete the edit will be confirmed and a return date agreed. The author may decide to accept the recommended edits, to take it to the standard required for the second round of edits, or the author can choose to accept the first round of edits only and sign them off at this point. A second round of edits will be completed having been agreed with the author when the first round has been reviewed.

It is usual to expect two to three rounds of edits during this process. However, if it becomes clear that there will need to be significantly more than that after the first round of edits, we will discuss the issue with the author and either agree a cut-off point or agree an additional time rate based on the rates set out above.

Usually expect two to three weeks for a standard content edit and two to four weeks for a manuscript that requires more substantial editing.

 3.1.2. Copy editing/ final line editing – at $0.007 per word rate

Edit to include language syntax, word choice, repeated words, sentence structure and phrases, tenses, punctuation correct use and html code use, independent body parts, characteristic consistency.

Edit to be completed in track changes within a Word document and to include one round of final line edits to ensure that as many errors and issues are picked up as possible.

Usually expect one to two weeks for copy/final line edit dependent on whether the manuscript needs more substantial editing.

 3.1.3 Proof read/ Quality Assurance check – at $0.004 per word rate

Edit to include checking for any errors that may have been missed in the copy/final line edit or added during revisions to prior edits, such as missing and/or repeated words, spelling errors, tenses, punctuation.

Edit to be completed in track changes within a Word document. Usually expect proofread to take no more than one week.

 3.1.4 All edits combined – at $0.020 per word rate

  • Microsoft Word

3.1.5.1. Open Pub will use Word's Tracked Changes feature to show edits, and we will send you a short tutorial explaining how we'll use the feature.

3.1.5.2. Open Pub will put your manuscript into our own template for the purposes of editing, therefore no specific or standard industry formatting is required when you send us your book.

3.2. COVER ART

 3.2.1. There are two options for cover art design. If you’ve selected the pre-made option, you can choose a cover image from the pre-made cover art library, fill out the book title and author details on the webpage and the book cover will be sent to you within two working days, if you've selected the add-on service. Once you’ve paid for the cover it will be removed from the site and no other person will have access to purchase the same cover. We will only make changes to the text for covers purchased from the pre-made cover art page. No image changes may be made within this service.

3.2.2. If you’ve selected the bespoke cover art service, we require you to complete a book information form, available from the website, giving as much detail as you can on characters and settings, and providing us with examples of covers that you like, so that our cover artists can get a good idea of what sort of design you are looking for. Our specialist romance fiction cover art designers will produce a cover incorporating stock/library images, with image manipulation, and with added title and author text, spine and back cover content (where applicable).

3.2.3. We offer a standard licence on any images used from stock sites, therefore you will be bound by the same restrictions as the licence we hold. For further details please see the licence restrictions here: https://www.123rf.com/license_summary.php

3.2.4. If you decide that you want more detailed licence options you can speak with us and pay the additional fee to obtain the licences required to ensure you are legally allowed to use that copyright material for the uses you have in mind.

3.2.5. Open Pub will accept five small changes, or two large changes, on any one cover. Changes include but are not limited to, and will be at the artist’s discretion: Minor changes are eye colour, hair colour, erasing a lock of hair, moving a body to the other side, font colours etc. Major changes are new hair, new clothes, switching a man/woman out, superimposing a face onto an existing body.

3.2.6. If you do not approve the first draft of your cover design with minor changes, we will agree to one redesign instead of changes to the detail of the cover in 3.2.5. You would then have a choice of both covers, but no changes on top of that.

3.2.7. Any cover that you purchase from Open Pub must be credited in the book.

3.3. FORMATTING AND CONVERSION

 3.3.1. eBook-ready Formatting 

When this service is purchased we require you to select an interior design from our bank of templates and send us your manuscript in Word format (either .doc or .rtf) Our professional layout specialists will format your eBook content ready to be converted into versions to upload to your chosen retailers.

After formatting/typesetting your book for you, we will send you a Word document in either .docx or .rtf, whichever is most suitable. You can decide whether to take the formatted manuscript elsewhere to convert into formats for sale or purchase the conversion service at Open Pub.

3.3.2. eBook Conversion 

If you have purchased this service, we will make a professional conversion of your manuscript to the three main formats used in the industry, including the two main reflowable eBook formats (Mobi for Amazon Kindle and ePUB for Apple, Barnes & Noble NOOK, Google Play and all other major channels) as well as standard PDF.

We’ll send you an ePub file, a Mobi file and a PDF of your Work. These files are thereafter yours to use for whatever you wish.

3.3.3. Print-ready File Creation 

When this service is purchased we require you to select an interior design from our bank of templates and send us your manuscript in Word format (either .doc or .rtf). Our professional layout specialists will format your book content into a print-ready PDF, perfect for uploading to any print-on-demand service.

 After creating the interior of the book for you, we’ll send you a print-ready PDF file of your Work. This file is thereafter yours to use for whatever you wish.

3.3.4. ISBNs

Self published authors who sign up for services under the Self Pub Plan 1 must obtain their own ISBN and provide it to Open Pub at the required time in order to facilitate the required services. If Author does not provide an ISBN the Work may still be distributed but will not have the same sales opportunities of a Work with a registered ISBN.

3.4 MARKETING

3.4.1. Open Pub services include but are not limited to creating adverts, videos and trailers, banner packs, press releases, blog tour artwork, creation of viral marketing campaigns, posting campaigns on social media, creating press packs. If you have purchased a marketing service, we require that you provide us with any cover art and text or copy that we may need to create the marketing packs you have selected. We will ask you to complete information forms to enable us to fulfill the services that you have purchased.

  • Marketing art pack/Banners (includes email banner, Facebook/Twitter banners, postcard, bookmark, social images for coming soon, pre order and new release/on sale.)
  • Additional marketing social images (includes box set / series image, box set/ series social promo image.)
  • Events Pack (includes poster design, postcard, strut card.)
  • Media Pack (includes press pack design including press release, video book trailer.)
  • Book trailers and videos or moving (gif) covers.
  • Viral marketing campaign:
    • Setting up, running and monitoring Facebook and/or Amazon ads with an agreed budget, for the duration of your promotion (1 week, 2 weeks, 4 weeks)
    • A full viral marketing promotion running over the course of the campaign to grow subscribers that you can use with your own autoresponder in the future or work with us to engage with your readers.
    • One mailer of your choice to subscribers at the end of the campaign (this can be a welcome message, an offer, a discount/free book or anything else you’d like to offer your new subscribers.)

3.6 PACKAGE DEALS

3.6.1. If you have selected a package deal, any rules above apply to individual services within the package.

3.6.2. Each package you purchase for marketing or advertising services is for one book only. If you require services for more than one book you need to set up further orders for other books.

4. DELIVERY DATES

4.1 Editing – You should expect a minimum of three (3) weeks from purchase of an editing service to completion of your project. In some situations it may be up to five (5) weeks, and you will be notified when we contact you as to the length of time to expect.

4.2. Cover Art – You should expect a minimum of three (3) weeks from purchase of bespoke cover art to completion of your project. If you have purchased pre-made cover at your cover art files will be emailed to you within 48 hours of purchase.

4.3. Formatting & Conversion – You should expect up to four (4) weeks from when we receive your manuscript to receive your formatted or converted book files, however we will endeavour, dependent upon workload, to get them to you sooner.

4.4. Marketing – All marketing materials will take somewhere between three (3) to six (6) weeks to deliver, depending on what you’ve purchased and whether you have provided us with the material we require to complete the project.

4.5. All edits must be returned to Open Pub in a timely manner in order to maintain deadlines for completion and general release (we recommend a maximum of seventy-two (72) hours). Failure to comply with this requirement will mean that requested release dates may need to be pushed back accordingly.

5. CHANGE OF SERVICE PROVIDER

Open Pub works in conjunction with other service providers in order to provide you with access to a full range of publishing, marketing, advertising, art, editorial, distribution and sales services. Open Pub reserves the right, at any time and for any reason, to change any service provider without giving notice to you, provided that there is no change in the applicable terms and conditions as set out in this Contract.

6. PAYMENT OF SERVICES

All self published plan services with Open Pub must be paid for in full prior to any work being carried out by Open Pub and will be paid for at the time of ordering the service.

7. DISTRIBUTION

7.1. Grant of Rights   The Author hereby appoints Open Pub as its non-exclusive distributor to resell, distribute and make available the Digital and Print Titles through the Authorised Channels. Open Pub shall also be entitled to exercise such ancillary digital rights as are reasonably necessary to effect the intent of the foregoing and in order to utilise the relevant technology, including the right to reproduce, adapt, convert, cache, encode, encrypt, decrypt, transmit, make available and otherwise exploit the Digital and Print Titles in preparation for distribution. 

7.2. As additional distribution channels are added to the Open Pub offering, the Author’s content will automatically be distributed to these new channels, thus increasing retail reach for the Author.

7.3. For clarification on any Intellectual Property or copyright issues, please see clause 2.1.

8. ROYALTIES & PAYMENTS

8.1. Open Pub shall pay any digital Royalties and Print on Demand Royalties calculated as being due to the Author generally the first week day of each accounting month to the PayPal bank account nominated by the Author.

Open Pub will cooperate with the Author to provided additional information relating to sales of the Work in the event of a query by the Author.

The Author shall be paid Royalties by Open Pub at the following rates:

On EBooks

8.1.1. From the sale of all downloaded eBook editions of the Work sold through Open Pub’s distribution and channel partnerships:

Self-Pub Plan 1 - 90% of Net Sales

On Printed Books

8.1.2. From the sale of all Printed Book editions of the Work sold through Open Pub’s distribution and channel partnerships:

Self-Pub Plan 1 - 60% of Net Sales

On Audio Books

8.1.3. From the sale of all Audio Book editions of the Work sold through Open Pub’s distribution and channel partnerships:

Self Pub Plan 1 - 90% of Net Sales

8.2. In the event that Open Pub withholds or deducts an amount from the Royalties due to the Author, Open Pub shall provide a reason and make this clear in the account.

8.3. In the event that the Author wishes their Royalties to be paid to an agent acting on their behalf, they are responsible for providing full written details of the agent to Open Pub, and Open Pub will accept no ongoing responsibility for the Royalties after they have been paid to the Author’s nominated agent.

8.4. Open Pub shall keep professional, comprehensive and complete records of all dealings of any nature, disposal or transfer in respect of the Work. Open Pub shall co-operate fully with the Author in any audit and assist in providing such information as the Author may request to establish whether there are any errors or omissions and to fully audit the accounts. The Author will be responsible for any costs associated with such an audit.

9. CANCELLATION & JOB AMENDMENT

9.1. If you need to cancel or reschedule advertising it must be done at least seven (7) working days prior to the live date otherwise we will continue to run with the promotion. If you cancel within those seven (7) days we reserve the right to keep the money you have previously paid. If either of us need to amend a time frame, we agree to let the other party know as soon as possible, with the aim of being flexible within reason.

9.2. A contract cancellation or date postponement at your request, excluding for unforeseen reasons like personal tragedy, natural disasters, etc., may result in financial penalty;

9.2.1.If a scheduled service is cancelled or postponed thirty (30) days or more in advance of start date, we reserve the right to retain 25% of the paid fee.

9.2.2. If a scheduled service is cancelled or postponed less than 30 days prior to start date, an additional 25% of the service fee is forfeit.

9.2.3. If you postpone and Open Pub is able to fill the resulting schedule gap, you will not be penalized.

9.2.4. If you decide to postpone, you will be scheduled for the next available date unless we agree upon another more suitable date.

9.2.5. If it becomes clear to Open Pub after we have started editing that your manuscript needs a different type of service than the one you have paid for, we will pause the edit and email you to discuss adjusting the job scope, rate, and schedule accordingly.

9.2.6. If you do not agree to change the job terms and Open Pub feel that the final product will not be high quality unless you do so, we reserve the right to either cancel the project and bill you only for the work done up to that point, or have the right to finish the edit at the service level paid for but require that the Open Pub name never be associated with your book.

10. PROMOTIONAL USE OF FILES

10.1 You give Open Pub and its distribution partners the right to use parts of the Work in promoting the Work and may, without limitation, market and promote your books by making chapters or portions of your books available to prospective customers without charge, and by permitting prospective customers to see excerpts of your books in response to search queries.

10.2 Open Pub will not owe you any fees for any marketing or promotional efforts. You acknowledge that Open Pub has no obligation to market, distribute, or offer for sale any book, or to continuing marketing, distributing or selling a book after we have commenced doing so.

10.3 It is your responsibility to promote any advertising purchased. Open Pub is not responsible for reminding you once the advert has been scheduled.

11. RESTRICTIONS

11.1 Open Pub reserves the right not to accept any particular Work submitted by you at Open Pub's sole discretion.

11.2 Open Pub will not return to you any electronic files or physical content or media you deliver to Open Pub.

12. CONFIDENTIALITY

You (The Author) and Open Pub shall not disclose to any third party any confidential business or future plans of the other party at any time acquired during the existence of this Agreement and no reference is to be made about the terms of this Agreement by either party in any advertising, publicity or promotional material without the prior consent of the other party. In the event that you and Open Pub agree to make a joint statement to the press concerning this Agreement, an agreed press release shall be issued in a manner to be agreed.

13. AMENDMENTS AND ALTERATIONS

This Agreement supersedes all previous agreements, representations or promises and sets out all the terms agreed between the parties. Open Pub reserves the right to alter the terms, prices and other conditions and details pertaining to the Open Pub service at any time. These changes will never, however, affect the terms and conditions pertaining to any on-going service that has already been paid for by you. We will give you notice of the changes with a revision date by sending an email to the email address registered in your account.

14. INDEMNITIES & DISCLAIMERS

14.1 Open Pub shall not be liable for misuse or unlawful distribution of Works by any customer, consumer or other third party.

14.2 Open Pub cannot be held responsible for guaranteed sales for any book whether marketing and advertising packages have been purchased or not.

14.3 You agree to indemnify and keep Open Pub indemnified against any action, claim, proceedings, demands, loss, damage or injury and any costs or reasonable legal expenses incurred, including any matter settled on the advice of counsel, by Open Pub as a result of any breach or alleged breach by the you of the your obligations under this Agreement.

14.4 If Open Pub wishes to assert Open Pub’s right to be indemnified Open Pub must:

14.4.1  promptly notify you of any claim or legal proceedings which have arisen and shall make no admission or offer of settlement; and

14.4.2  consult you with regards to any proposed steps to be taken in connection with any settlement.

15. COMPLAINTS

If you are unsatisfied with the quality of service you have received from Open Pub, you are encouraged to contact Open Pub customer service. Open Pub is proud of the quality of service provided by its professional staff, service providers and freelancers, and will make every attempt to get to the bottom of any problem you may have. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances, that affected party shall be entitled to a reasonable extension of the time for performing such obligations.

16. TERM

 Means the period shown below commencing on the Initial Publication Date.

Author must give 30 days written notice to Open Pub at any time. This notice period is to give Open Pub sufficient time to remove the book and files from its own system and any channel partner sites.

17. TERMINATION

This Agreement shall start on the Commencement Date and shall continue until the end of the Term, where such Term applies.

Without affecting any other right or remedy available to it, either party may terminate this Contract with immediate effect by giving written notice to the other party if the other party commits a material breach of any term of this Contract.

18. APPLICABLE LAW AND JURISDICTION

This Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England.    

Each party irrevocably agrees that the courts of England shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.

19. ENTIRE AGREEMENT  

This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

20. VARIATION  

No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

21. SEVERANCE  

If any provision or part-provision of this Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Contract.

If any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

22. THIRD PARTY RIGHTS

No one other than a party to this Contract shall have any right to enforce any of its terms.

23. NO PARTNERSHIP OR AGENCY

Nothing in this Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.

Each party confirms it is acting on its own behalf and not for the benefit of any other person.

24. ENTIRETY

Open Pub reserves the right to block you from using the service or to remove your Works from the service at any time, if you do not follow the terms of this Contract, or in any other way act in a manner Open Pub considers harmful. Open Pub has the right to remove any Works from the Open Pub database that Open Pub considers harmful.

Open Pub reserves the right to alter the terms, prices and other conditions and details pertaining to the Open Pub service at any time. These changes will never, however, affect the terms and conditions pertaining to any on-going service that has already been paid for by you.

25. FORCE MAJEURE

In the event that this Agreement cannot be performed or its obligations fulfilled for any reason beyond the reasonable control of you, the Author, or Open Pub, including without limitation, ill health of you, war, industrial action, floods or Acts of God, strikes, labour disturbances, revolutions, embargoes, insurrection, governmental orders or regulations, electrical or computer failure, act of, delays or failure to act by any internet service provider or carrier or agent Open Pub may use, systems, telecommunication companies and other entities of similar purpose, or any other conditions beyond the control of Open Pub. Then such non-performance or failure to fulfil its obligations shall be deemed not to be a breach of this Agreement. The time stipulated for the performance and fulfilment of such obligations shall be extended for a period equal to that during which the circumstances of force majeure last.

26. MEDIATION

26.1 In the event of any dispute or disagreement arising out of or in connection with this Agreement or any breach thereof ('a Dispute') the Parties agree first to use their reasonable endeavors to negotiate in good faith a settlement of such dispute.

26.2 To this end, at any time after a Dispute has arisen either party may serve upon the other notice to commence a mediation to settle the Dispute. On receipt of such notice either party may within seven days notify IDRS Dispute Resolution Service (“the Appointing Authority”) and request that a mediator be appointed. Any such mediation shall be conducted in accordance with the agreed procedural rules of the Appointing Authority. The mediation shall be deemed to have commenced upon the notification to both parties in writing of the appointment of a mediator by the Appointing Authority and upon written confirmation having been received by the parties of the mediator's acceptance of the appointment.

26.3 If at any time after 30 days from the commencement of the mediation no settlement has been achieved either party may refer the dispute to ADR (Alternative Dispute Resolution) in accordance with this clause. Neither party shall be entitled to commence an ADR pursuant to this clause unless mediation has been attempted and has, after a period of 30 days, failed to settle the dispute.

26.4 If the Parties exhaust the options available in clauses 19.7 to 19.9, either party may seek the intervention of the Courts, subject to clause 20 below.

27. GOVERNING LAW

This Agreement is legal and binding in all countries. This Agreement shall be governed by the law of England and Wales and the Parties hereto submit to the exclusive jurisdiction of the English courts.

28. ELECTRONIC SIGNATURE

A check in the box below by you shall constitute your signature signifying acceptance of this Agreement with the intent that it be valid for all purposes and in compliance with the eIDAS Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC, and, the U.S. Electronic Signatures in Global and National Commerce Act of 2000 and the laws of any other applicable jurisdiction.

 

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Signed by Claire Siemaszkiewicz
Signed On: 20/10/2020

Totally Entwined Group https://www.totallyentwinedgroup.com
Signature Certificate
Document name: Open Pub Agreement Plan 1
lock iconUnique Document ID: c7af0f854cb0063a8323f503e977b98dc2a492fd
Timestamp Audit
19/10/2020 18:45 GMTOpen Pub Agreement Plan 1 Uploaded by Claire Siemaszkiewicz - openpub@totallyentwinedgroup.com IP 217.155.205.139