Terms & Conditions - Classroom Books
Revised Nov. 18, 2016
- School Mate® Publishing, hereinafter referred to as the Company, agrees to publish one combined original, custom hardcover classroom book in accordance with information furnished on the order form. The person submitting the order, hereinafter referred to as the Customer, agrees to furnish all material to be published in the Customer’s classroom book.
- A submitted order constitutes a binding contract between the Company and the Customer, and no other parties. No other statements or oral agreements are binding. The Company reserves the right to accept or reject all student publishing orders, deny free classroom book, or cancel any order already in production if requirements are not met, or for just cause. Books must include work from students, hereinafter referred to as Contributors, and are intended for parents to purchase for their child. If a book is made to be given to one or a few individuals with no intention for sales, then the Company reserves the right to deny the order. Examples of disqualified books include yearbooks, get-well books, and teacher gifts.
- The parties agree that the validity, construction, and performance of this Contract shall be governed by the laws of the State of Nebraska. The Customer hereby irrevocably submits generally and unconditionally to the jurisdiction of any court of competent jurisdiction in Nebraska for any dispute concerning or related to the Contract. Customer further agrees that any action arising from the terms of this Contract shall be filed exclusively in a court of competent jurisdiction in Nebraska. The Customer further consents to venue in Nebraska and waives any rights to challenge venue in Nebraska.
- The Company may modify these terms and conditions as needed.
- To place an order, Customers must be at least 18 years of age.
- Orders to Alaska, Hawaii, and foreign orders, including APO, FPO, and USA territories, are not accepted.
- Prepayment is required to purchase books. Any persons buying books, hereinafter referred to as the Purchaser, can make payment by Visa®, MasterCard®, Discover®, check, cash, or money order. Credit card orders placed online will be charged immediately.
- If credit cards or checks are declined, the Company will contact the Purchaser to procure payment, but reserves the right to not fulfill Purchaser’s order. If Purchaser cancels order, Purchaser will be liable for any actual costs in preparation or production of order.
- Prices are based on USA currency for a book with no more than 70 pages. The Company reserves the right to deny orders for books with more than 70 pages or charge an additional fee for extra pages.
- The Company reserves the right to change prices at its discretion. Prices will be posted on the web site.
- The Purchaser must contact the Company within 7 days of receiving a credit card statement if he/she disputes any of the Company’s charges, or such dispute will be deemed waived. If the Company does not receive payment from the Purchaser’s credit card issuer or its agent, Purchaser agrees to pay all amounts due to the Company.
- Accounts 30 days past due are considered overdue and are charged 1.33% interest per month (16% per annum). If collection services are needed to collect, the Purchaser is liable for any fees incurred.
- Normal production time for classroom books is estimated at 10–15 BUSINESS DAYS (2–3 weeks).
- Business days are calculated from the day after the Company receives the Customer’s complete order to the day the Customer’s finished classroom books are shipped. The Company is not in production on weekends, holidays, or during a two-week plant shut down in late December.
- Peak seasons are Christmas and spring, at the end of the school year. For spring orders, send order by April 7, 2017 so books arrive before the end of the school year (approximately May 12). To ensure that Customer's books arrive in time for holiday delivery, send order by Nov. 3, 2017. Estimated arrival time is Dec. 9, 2017. These dates allow for production and shipping time.
- The Company reserves the right to adjust production schedules due to heavy seasonal demands, shortages, strikes, fire, energy failure, equipment breakdown, supplier or carrier delays, or any other reasonable causes whatsoever.
- The Company is not responsible for delays beyond the Company’s control.
- The Customer agrees to allow for shipping time after classroom books leave the Company’s plant. See Shipping below.
Shipping, Damage & Defects
- Orders will be shipped to a single address via UPS ground; allow 2–8 business days for shipping time. The Company reserves the right to deny customer-specified carriers or accounts.
- If order is returned to the Company because no one was available to receive the shipment, or if freight is rerouted, the Customer is liable for any additional freight charges. The Company is not responsible for misdirected packages, delays caused by the shipper, or delays in shipping or receipt of order due to strikes, shortages, heavy seasonal demand, or any other reasonable causes beyond the Company’s control.
- Visible damage must be noted on the delivery receipt before signing and reported to the carrier immediately. The Customer MUST SAVE both the damaged books and the carton(s) in which they were delivered for possible inspection by the carrier. Damage is the responsibility of the carrier. If necessary, the Company will help with a claim. Contact us for assistance.
- Concealed damage must be reported to the carrier within 7 days of receipt.
- Defective books, not due to shipping damage, must be reported to the Company within 7 days of receipt. The Company reserves the right to repair, replace, or credit defective classroom books.
Errors & Corrections
- The Company provides guidelines in the Step-By-Step Publishing Guide (PDF) and Checklist (PDF). If the Customer does not follow guidelines, submits material inadequately, or misses errors, then errors or poor print quality are not the Company’s fault. This includes content too close to the binding or trim edges, typos, grammatical errors, unfinished text, colors not appearing or reproducing accurately (e.g., neon colors cannot be reproduced), or any other text or image errors. The Customer has final responsibility for proofing and fixing content before submitting the order.
- The Company provides guidelines in the Digital Photo Specifications (PDF) for best quality photos for classroom book covers and does not alter any submitted photos. The Customer is responsible for resolution, clarity, and color management of all images. Enlarging an image will reduce resolution. The Company does not lighten photos to match what is seen on a backlit screen.
- The Company does not proof, edit, spell-check, move, or change the book content in any way. Book content cannot be edited once an order has been submitted.
- The Company reserves the right to use its judgment on cover and pages if content is out of order or instructions are not clear.
- The Company endeavors to keep the Customer’s classroom books as consistent as possible from one book to another. Each classroom book ordered may have slight differences in color. Any color variations are considered normal (not a manufacturing defect) and do not qualify for corrections or discounts.
- Classroom books are a custom-made product and cannot be returned for any reason.
- The Company has the right to maintain electronic classroom book files in order to replace any defective books.
- See Shipping above for information about books with damage or defects.
Book Content & Releases
- The Customer warrants that releases have been obtained to reproduce any and all copyrighted or trademarked material. This includes comic and cartoon characters, as well as professional sports photos and logos. Furthermore, Customer warrants that book content does not violate the privacy rights, publicity rights, or other rights of any person or entity.
- The Customer understands that the Company may, but is not obligated to, review any classroom publishing book content before it goes into production. If the Company notices any suspicious content that may violate this agreement, the Company will place the order on hold until confirmation or signed release from the copyright or trademark owner is provided by the Customer or the content in question is removed.
- The Company holds the copyright on its stock back cover designs. The Company makes no claim to copyright on Contributors' content submitted for inclusion in the book.
- The Customer agrees to not violate any copyrights or trademarks owned by the Company. This includes unauthorized use of the Company’s name, logo, or other web site content, or reprinting Customer’s classroom book by another company other than School Mate® Publishing. The Customer agrees to all terms of the Company’s Copyright & Trademark policy.
- The Company’s name, logo and web address will be included in every book produced.
- If the Customer enters the Company’s grant give-aways, the Customer agrees to allow the Company to display the Customer’s book content on the Company’s web site or in printed material. Students’ names will be changed or omitted to protect their privacy and identity.
- The Company does not return original book material from Contributors, e.g., artwork or writings. Original material is not saved.
- The Customer shall defend, indemnify, and hold the Company, its subsidiaries, and its authorized representatives harmless against all claims, suits, costs, damages, judgments, attorney fees, license fees, settlements, or expenses incurred, claimed, obtained, or sustained by third parties, whether for intellectual property infringement (including copyright and trademark infringement), dilution, misappropriation, or otherwise because of the manufacture, use, marketing, or sale of the classroom books.
- The Customer agrees to, at the Customer’s own expense, promptly defend and continue the defense of any such claim, demand, action, or proceeding that may be brought against the Company, provided that the Company shall promptly notify the Customer with respect thereto and provided further that the Company shall give to the Customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.