TERMS AND CONDITIONS
The terms and conditions that apply to an individual's or an entity's participation in www.Bigmommabooks.com sales and marketing program:
1. General Terms
In this Agreement, "we", "our", "us", and "Bigmommabooks" refers to www.bigmommabooks.com and "you, or your" means you the applicant. "Product" means any product that you register to upload and offer for sale with Bigmommabooks. We shall pay you for each unit of Product after it is sold to a customer. Your participation with Bigmommabooks.com is governed by the terms and conditions stated herein. These terms and conditions may be modified at the discretion of Bigmommabooks by way of one (1) week in email or writing.
Products that can be sold on Bigmommabooks.com can be both physical and electronic. Physical products include, but are not restricted to, printed books, printed material, CDs (compact discs), DVD, etc. Electronic products include, but are not restricted to ebooks, images, audio files, video files, etc.
2. Listing your Product on Big Momma
In order to have your Product listed on Big Momma, you must submit all the files and information as spelt out for the type of book that you have aboveŻelectronic or printed book. Bigmommabooks.com will evaluate your Product for suitability and notify you via email of its acceptance or rejection (which is in our discretion).
We may reject your Product if we determine (in our sole discretion) that it and/or your site is unsuitable for our business objectives. Unsuitable sites include, but are not limited to, those that:
· promote sexually explicit materials
· promote violence
· promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
· promote illegal activities
· otherwise violate intellectual property rights.
3. Listing Fee
There is currently no fees charged for having your Product listed.
4. Ownership of Copyright
You are the lawful owner of the copyrights and intellectual property of the products you put on sale with us, or, you already have expressed permission from the copyright owner to do so. Bigmommabooks.com will not be in any way liable for your breach of the copyright and intellectual property laws with regards to the products you place for sale with us.
5. Operating Requirements
For printed books, CDs, and DVDs you have to perform the fulfilment of purchases or appoint your agent to perform such fulfilment. Fulfilment shall include packing, handling and shipping to the buyer.
You must agree that shipping will be made within 3 days after you receive the order for your Product from us.
You have to state the method, cost and estimated period of delivery to your local and international destinations. Please supply these details to us when you submit your Product information for listing.
You must also have a JPEG or GIF file of your front bookcover and a blurb made available for us to upload on to the Bigmommabooks site.
For ebooks you may elect to either, upload and sell as a copy-protected document, or an unprotected PDF document. The manuscript must be in PDF format.
A JPEG or GIF file of the front cover and a blurb of the book have to be provided to be uploaded onto our website.
Your Product must have a proper cover with color.
You must state your selling price for us to put up on the site.
You must also have a PayPal account for us to pay you. Instructions to open one may be found at the end of this document.
The above are the minimum requirements and it is your responsibility to ensure that your electronic products comply with the requirements to upload successfully on Bigmommabooks.com. Failure to comply with any of the requirements may result in additional handling fees charged to your account.
If Bigmommabooks.com is required to make adjustments/amendments the minimum fee chargeable is $100. You may use one of our approved self-publishing services companies to ensure a successful uploading and selling experience. You may contact Bigmommabooks.com on further instructions in preparing your electronic products.
6. Promotions and Discounts
You agree to give Bigmommabooks.com the discretion and permission to offer up to 15% discount from your selling/ list price of your products for promotional purposes. Bigmommabooks.com will from time-to-time run promotional and marketing campaigns, and discounts to help boost sales of your and other products in its inventory.
You agree to give Bigmommabooks.com the discretion and permission to add its own promotional material, ebooks, books, etc. to be bundled with your products to give away to customers. Such additional material will be at the sole expense of Bigmommabooks.com and you will not be required to bear any costs unless otherwise informed beforehand.
7. Rejection
We may reject any Product you send to us that is defective, damaged, overage (meaning that we did not order it from you), not properly registered with us, or otherwise fails to meet the requirements specified by us. At our discretion, rejected Products will either be returned to you at your expense, and you authorize us to charge your freight account for such returns, or to withhold such shipping charge from payments due to you under this Agreement; or, be destroyed, liquidated or otherwise disposed of without compensation to you.
8. Pricing and Commission
You may choose whatever suggested retail price (“List Price”) you like when you register a Product, provided that the List Price is at or below the suggested retail price at which you offer or sell your Product via any other online sales channel.
Bigmommabooks.com shall charge a commission of 35% for any printed book or physical product sold. The commission for any eBook or electronic book shall also be 35%. However customers of Bookpal.com.au and Booktasia.com shall only be charged a 30% commission for printed and electronic books.
You may choose to perform the fulfilment (handling, packaging and delivery) to the buyer of your physical product yourself, or use a fulfilment service to do so. If you elect to perform the fulfilment yourself, you shall be responsible to ensure that the handling and packaging are up to minimum standards required by the courier and mail companies.
9. Purchase and Payment
Payment for products sold to customers by us shall be collected online from the customers and the due commissions deducted before payment of net amounts to you. Payments to you shall be made on a Quarterly basis and for amounts totalling $100 or more, based on the computation and accounting done by the management software system.
You are required to open an account with www.paypal.com and inform us of your PayPal email account in order to facilitate automatic payments to your account. Please click here to see some instructions on how to setup your PayPal account.
10. Customers’ Returns to Us
We retain ownership of physical Products that are returned by our customers, and we may store those Products in our company-owned inventory. We reserve the right to fulfil customer orders for Products from our inventory of returned Products.
11. Our Returns to You
If we determine that there is insufficient customer demand for your Product, we may choose to no longer carry it. In such case, we will attempt to return all Products to you. You pay all charges (including packaging, insurance, and freight) incurred to ship each unit from the fulfilment centre to your location. Also, if we have an outdated or incorrect address for you, or if we cannot charge to your freight account, we may liquidate the Products and keep the proceeds, destroy the Products, or ship the Products to you and deduct the charges from any payments due to you.
12. Limited License Grant to Descriptive Materials
You grant to Bigmommabooks.com a royalty-free, nonexclusive, worldwide, irrevocable right and license to (a) use, reproduce, perform, display, distribute and prepare derivative works from the Descriptive Materials (defined below) and (b) sublicense the foregoing rights.
"Descriptive Materials" means all available information about each Product, including without limitation artwork and text for the packaging (including for example, cover, jacket, jacket flaps, spine and front and back matter); promotional photographs and descriptions, blurbs, author bios, Library of Congress information, title page information, tables of contents, indices, complete Product descriptions, reviews and any other materials concerning the Product. Aside from those portions of each Product identified in the preceding sentence, for the purposes of this Agreement, Descriptive Materials does not include the internal content contained in the Products, such as the text of a book or the recording or musical compositions contained within a CD.
13. License; Representation and Warranties
You represent and warrant to us that:
(a) you have full authority to grant the licenses and permission described in this Terms and Conditions;
(b) you have valid legal title to all Products and all rights necessary to distribute the Products and to otherwise perform this Terms and Conditions;
(c) your sale of Products to us, and our promotion, distribution, and resale of them, will not violate any contract by which you are bound or any applicable law or regulation;
(d) you will deliver all Products in new, merchantable condition; and
(e) the Products, and our promotion, distribution, and resale of them, will not violate or misappropriate any copyright, trademark or other intellectual property or other rights of any third party. At our option, and at your cost, you will replace or accept the return of any Product that does not comply with these representations and warranties.
Bigmommabooks.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Bigmommabooks.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. We do not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
14. Indemnification
You indemnify, defend, and hold harmless Bigmommabooks.com, its affiliated companies, and their respective officers, directors, employees, and agents against any claim, loss, damage, judgment, settlement, cost, expense, or other liability (including, without limitation, attorneys' fees) arising from or related to (a) the Products; (b) your alleged breach of any representations or warranty contained in this Agreement; or (c) any content you provide (collectively, "Claims"). You will use counsel reasonably satisfactory to us to defend each Claim. You may not consent to the entry of any judgment or enter into any settlement without our prior written consent, which we will not unreasonably withhold.
15. Customer Practices
Customers who purchase Products are exclusive customers of Bigmommabooks.com. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, pricing, and sales will apply to those customers. We may change our policies and operating procedures at any time at our sole discretion.
16. Revisions and Changes
We reserve the right to change any of the terms and conditions contained in this agreement, including policies, guidelines, or other information on the site, at any time and at our sole discretion. Any changes are upon posting a change notice or a new agreement on our website or in your account page. You are responsible for reviewing the new agreement and any applicable changes or notices. Your continued association and membership with Bigmommabooks.com after the posting of any changes constitute your acceptance of such changes. If you do not agree to any changes to this Terms and Conditions, you must terminate this agreement in writing or email.
17. Terms
a. Commencement. This Agreement begins when you receive your notice of acceptance into Bigmommabooks.com and ends when terminated by either party.
b. Termination by you. You may terminate this Agreement at any time, with or without cause, by giving us written notice of such termination. Your termination is effective 30 days from the date we receive your written notice. You must continue to accept, confirm, and fulfil all orders that we send to you prior to the effective date of termination.
c. Termination by us. We may terminate this Agreement at any time, with or without cause, by giving you written notice of such termination, which is effective immediately, or on a later date as specified in the notice.
18. Limitation of Liability; Disclaimers
We are not liable for indirect, special, or consequential damages or any loss of revenue, profits, or data arising in connection with this agreement whatsoever.
You and Bigmommbooks.com are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or any kind of exclusive relationship, between the parties.
19. International Shipping Obligations
You are responsible for all customs clearance obligations for any Products you ship to customers. Bigmommabooks.com must not be listed on any documentation as importer, exporter, or consignee.
