Terms & Conditions
These are the Terms & Conditions under which Eternal Lives Ltd and Eternal Lives Opco Ltd operate, whether you are a Customer, a Storyteller or a Contributor. Following your order confirmation or your participation in the process, you will be deemed to have accepted these Terms & Conditions. The document below will be a legally enforceable agreement between you and Eternal Lives Ltd and/ or Eternal Lives Opco Ltd. Please, therefore, ensure you read, understand, accept and are happy with these Terms & Conditions before ordering a product or participating in a book production project with us.
Application
I. General Provisions:
- These Terms & Conditions apply to the purchase of the Goods by You (the “Customer” or “Client”, being the person purchasing the Goods) and to you if you are a “StoryTeller” or a “Contributor”.
- Mostly, Goods are the supply of books including preliminary services to create such books for you through a seamless process. Where this is not the case we make this clear to you in writing.
- We are Eternal Lives whose trading names are Eternal Lives Ltd, a company registered in England and Wales with company number 15314168 whose registered office and trading address is Office 4.02 – TOG 133 Whitechapel High Street, London, E1 7QA, United Kingdom and Eternal Lives Opco Ltd, a company registered in England and Wales with company number 15334944 whose registered office and trading address is also Office 4.02 – TOG 133 Whitechapel High Street, London, E1 7QA, United Kingdom (“Eternal Lives” or “Eternal Lives” or the “Supplier” or “Us” or “We”).
- Eternal Lives Opco Ltd is a subsidiary of Eternal Lives Ltd. Your invoice states whether you have contracted withEternal Lives Ltd or Eternal Lives Opco Ltd.
- The brand “StoryTerrace” is a trademark owned and operated by Eternal Lives Ltd and its subsidiaries.
- 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 & 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.
II. Interpretation
- “Book” or “Books” means the 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 Eternal Lives 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 Eternal Lives 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 Eternal Lives or one of its subcontractors;
- “Contract” means these legally-binding Terms & Conditions between You and Us for the supply of the Goods;
- “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 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;
- “Privacy Policy” means the terms which set out explaining how we will deal with confidential and personal information received from you via the Website, during creation of the Goods and Services or via third parties;
- “Book Production Schedule” means the steps and timeline shared with the Storyteller to create the Book including the relevant preliminary activities. Book Production Schedules run standard for 7 months with a maximum duration of 9 months before extension fees are applicable. Editors from time to time adapt Book Production Schedules 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 organisation or anything else; this does not necessarily have to be the Customer; the StoryTeller is the main source of Content whether that is provided verbally, in writing, images and/ or otherwise;
- “Website” means our website https://storyterrace.com/en-GB/ or any other related domain aimed at marketing our Goods in your geography or through which the Services are supplied.
III. Goods & Services and Process
- The description of the Goods and process to create them including the preliminary activities is as set out on the Website, in catalogues, in 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 supplied. We may also adapt the process in order to create the best possible product.
- The nature of the Goods You have ordered will be set out in an email confirmation following your order, and is personal to You.
- It is your responsibility to supply us with the relevant information through interviews and electronically with documents, including photos, 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 Book 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, 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 hospitalisation 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.
- If your preliminary book creation activities include providing open-ended feedback on the outline, sample chapter, draft manuscript and design proofs you can provide this via the BookMaker platform in line with the dates agreed in your Book Production Schedule. Your preliminary book creation activities may also provide you with the opportunity to consult your project editor around each of these milestones to discuss your feedback and any points you would like their guidance on. You can also edit your outline, sample chapter, draft manuscript, upload and order your images and choose from our wide range of design options on our Bookmaker platform. If you’d like to provide your feedback on a printed document, in person or over the phone this comes at an additional cost.
- We will write the Book in line with 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 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 preliminary activities to create the Book.
- If your preliminary activities include revisions, 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 finalise your Book and if applicable send these to print and/ or create the ebook.
- If you prefer to send us or a third party we work with physical documents including photos, you require additional preliminary services to create your book 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:
- £480 per month for Novella Book Packages;
- £360 per month for Complete Book Packages;
- £240 per month for Compact Book Packages;
- For tailor-made packages, the Novella Package fee will apply unless another fee is agreed in writing;
- £240 per month for self-publishing packages;
- 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 Book completion date got extended due to hospitalisation). 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.
- While we all have a bad day sometimes, 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. Eternal Lives reserves the right to cancel projects where abusive behaviour is directed towards Eternal Lives 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 Eternal Lives 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. Eternal Lives reserves the right to inform authorities of threatening, racist, violent and other illegal behaviour.
- 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 all valid dissatisfactions.
- 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
- Any information retained and used by Eternal Lives falls under the Privacy Policy.
- You expressly agree that we can contact you using e-mail or other electronic communication methods, through the Bookmaker platform, by pre-paid post and by phone. If you don’t want us to contact you by phone, please let us know.
- 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.
- 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 Eternal Lives. StoryTeller and Eternal Lives 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.
- Unless otherwise agreed in writing, Books are private, confidential and not produced for publishing to the general public.
- StoryTeller and Eternal Lives share the copyright of the Book and any draft versions of the Book or the manuscript. This means Eternal Lives cannot publish the Book or any part of it, without the permission of the StoryTeller; and vice versa.
- Please let your Eternal Lives editor know if you would like to publish your book more widely. Eternal Lives 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 if we publish any Content on your behalf, you assume full responsibility for the publication and hold Eternal Lives harmless for any damages resulting from that publication, even if the publication is facilitated or executed by Eternal Lives.
VII. Basis of Sale
- The description of the Goods & Services on our website does not constitute a contractual offer to sell the Goods & 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 Eternal Lives in writing.
VIII. Price & Payments
- The price of the Goods 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 providing you with a quote or order form.
- Prices and charges include VAT at the rate applicable at the time of the Order. Please inform us if you are a business.
- 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 in full or for most Goods in 3 or 5 equal monthly instalments.
- The first payment is a refundable deposit. It is due before the start of the preliminary activities to create your Book. This amount becomes non-refundable when you accept a proposed writer or editor for your Book, or 30 days after payment – whichever is earlier. Other payments are not refundable.
- 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.
IX. Delivery
- 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.
XI. Conformity
- 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. Even most bestsellers have mistakes.
- 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
- Eternal Lives 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 Eternal Lives because of a force majeure or an act of God:
- Eternal Lives will advise the other party as soon as reasonably practicable; and
- Eternal Lives’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.
- Eternal Lives 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 Eternal Lives, whether in contract or tort, to Customer, StoryTeller and Contributor under or in connection with the Order or any actions or inactions of Eternal Lives Ltd or Eternal Lives Opco Ltd 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 accounts@storyterrace.com copying your editor. You don’t need to give us a reason.
- 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.
- After 30 days, you are no longer eligible for refunds on any payments made other than when your aggregate payments are higher than the price of your Order(s).
- 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 England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales.
- We try to avoid any dispute and intend to deal with complaints promptly.
XVII. Attribution
Eternal Lives Ltd
Office 4.05 – FORA, 133 Whitechapel High Street
London, E1 7QA, United Kingdom
Email: info@storyterrace.com
Phone: +44 20 8150 2833
Eternal Lives Opco Ltd
Office 4.05 – FORA, 133 Whitechapel High Street
London, E1 7QA, United Kingdom
Email: info@storyterrace.com
Phone: +44 20 8150 2833