Awesome! So you want to sell your ebooks on the Boundless Endeavors website! So, first things first…you need to agree to our Author terms so we’re clear on each parties responsibilities.
Please take the time to carefully read and understand these terms. At the bottom you will find the link to the signup form to apply for an account for us to sell your Product(s).
In this Agreement the following words and expressions shall have the following meanings:-
“Boundless Endeavors” means Boundless Endeavors, Inc., PTY 21068, 2250 NW 114TH AVE UNIT 1P, Miami, Florida, 33192-4177.
“Store” means any web based service operated by “Boundless Endeavors” for the purposes of marketing and retailing digital goods.
“Author” means you the person legally responsible for submitting content to the “Store” for the consideration of sale to the general public. You may be the Author or the Editor of the Product.
“Net Fund” means the amount of money remaining after “Boundless Endeavors” has deducted any applicable “Sales Commissions” fees.
“Sales Commission” means a percentage of the “Net Funds” resulting from a sale of an “Author’s Product”. Until further notice, Boundless Endeavors will keep twenty percent (20%) of the “Net Funds” for selling the “Product.” “Net Funds” are explained in more detail in Sections 6 and 7.
“Outstanding” means accumulated “Sales Commission” owed to an “Author”.
“Next Payment” means a balance of money that is waiting to be paid to an “Author” and generally will take place on the 1st working day of each month.
“Intellectual Property” means any file uploaded by the “Author” to the “Store”.
“Intellectual Property Rights” means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country.
“Data” means any, but not limited to, ebooks, text, imagery, video or audio links entered by the “Author” into the “Store” for the purposes of describing their “Intellectual Property”.
“Product” means a combination of the “Data” and “Intellectual Property” submitted by the “Author”.
“List Price” means the price that the “Author” sets as the sale price of the “Product”.
“Viruses” means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user’s files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as “worms” or “trojan horses”.
Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
The Author wishes to provide Boundless Endeavors with Product on a non-transferable non-exclusive basis to be securely hosted, sold and delivered by Boundless Endeavors in return for an agreed Sales Commission. The Author is hereby granting Boundless Endeavors a royalty-free non-transferable non-exclusive worldwide licence to resell the Product. For the purposes of clarity non-exclusive means the Author is legally permitted to sell their Product via other retail outlets. Boundless Endeavors makes no claim to the Product and the Intellectual Property Rights remain with their respective owners.
Boundless Endeavors agrees to retail the Author Product upon the following terms and conditions.
1. Signup is Free
Signing up to become an Author and displaying one or more Products on the Store is available to anyone worldwide; however, we reserve the right to block certain countries or individuals from the Store if fraud is a persistent problem from any given country or individual, judged solely at the discretion of Boundless Endeavors.
2. Review Process
In the process of signing up and creating Product as an Author, Boundless Endeavors will gather various information to gauge the suitability of the Product for the Store. Boundless Endeavors at its sole discretion will decide if an Author’s Product are accepted for sale at which point the Author will receive an acceptance email instructions on uploading the product with more details. Once received, in the event that Boundless Endeavors decides the Author Product is not suitable for the Store the Author and their Product will not be added to the Store inventory, and Author will be notified as such. Boundless Endeavors provides guidelines as to the type and quality of Product it is looking to represent and sell in the Store we are not obliged to give any reasons why we may choose to reject an Author Product and the decision is final.
The Author, in the process of submitting their Product to the Store, will set the desired List Price of their Product. Once a Product has been published, the Author can change the List Price at any time by notifying Boundless Endeavors, although if Boundless Endeavors sees that the relationship between price and file size would result in an unprofitable product it reserves the right to recommend or adjust the price accordingly.
4. Product Limits & Restrictions
During the review process, Boundless Endeavors will set the Author account at a suitable product limit based on the desired number of products the Author wishes to upload and the suitability for the Store. Boundless Endeavors reserves the right to refuse certain file types if upon investigation we deem, by our sole discretion, as potentially harmful to the Store and its customers, or is in opposition to the type of Products carried in the Store. In order to determine at any given point in time that an Author Product is considered unsuitable for the Store or in the event of a material breach of this agreement, Boundless Endeavors reserves the right to delete said Product from Store.
5. Product Removal
Boundless Endeavors reserves the right to remove a Product from the Store at its sole discretion. Reasons may include, but is not limited to, errors in published Data, copyright violations, misrepresentations. Boundless Endeavors will endeavor to resolve any issues with errors in published Data copyright violations, or misrepresentations in good time and ensure the Author or Product is reinstated should it be found a genuine error has been made. Boundless Endeavors seeks to maintain a current and profitable Store as such an Author or Product maybe removed at any time if it is deemed by Boundless Endeavors’ sole discretion the Author or Product is no longer suited to the Store or if there is a lack of sales activity. The Author may or may not be notified when a Product or Author is removed. Boundless Endeavors assumes no liability for any losses incurred as a result of an Author or Product being removed and its decision is final.
6. Sales Commission
When an Author Product sells on the Store, Boundless Endeavors will credit the sale to the Author. Currently, the amount withheld for the Sales Commission due to Boundless Endeavors is twenty percent (20%) of the Net Funds. In other words, Boundless Endeavors receives a payment for a product through PayPal. Paypal deducts their applicable fees (generally 2.9%+$0.30USD). What is left over is considered Net Funds. Boundless Endeavors will then keep twenty percent of this amount, (rather than 20% of total sale,) and release the remaining funds to Author according to terms listed in the next two paragraphs.
a) Boundless Endeavors will release funds to the Author using PayPal on or about the first day of each month. If the sale is within 7 days preceding the 1st day of the month, the Net Funds (minus Sales Commissions) will be held in an Outstanding balance, otherwise it will be part of the Next Payment. This provides Boundless Endeavors with a buffer to process any refunds and reversals that may occur after a sale. The Next Payment amount is paid via Paypal transfer to the Author’s Paypal email address held on file on the 1st day of every month, or the 1st working day following the 1st of the month if the 1st falls on a weekend. Next Payment amounts are subject to PayPal’s secure website, fees and terms. If, for any reason, a Next Payment fails Boundless Endeavors will notify the Author to their account email that the payment failed and take steps to resolve the matter. If for any reason a Product is found to be in breach of these terms or any applicable law Boundless Endeavors reserves the right to withhold any Next Payment due to the Author for an indefinite amount of time until such stage as its proven that the Author has the legal right to the funds.
Authors will have access to their statement online at any time. Please allow up to three (3) working days for updates to occur when a sale or release of funds has occurred.
To enable the sale of digital goods from the Store Boundless Endeavors use an offsite secure processor, currently PayPal. Boundless Endeavors is responsible for any refunds, chargebacks or disputes resulting from a digital goods sale. In the event of a payment reversal due to a fraudulent sale, refund or chargeback, Boundless Endeavors will deduct the original Net Funds amount as a cost against any future Next Payment. This may result in the Author having a negative Next Payment. Balance any new Net Funds payments will only be made once the Net Funds balance is a positive value. Chargebacks are an unavoidable risk from trading online but generally they do tend to be more common place for certain types of products. If Boundless Endeavors is charged a chargeback fee from PayPal resulting in a loss of profit, we reserve the right to reverse this chargeback fee from an Author’s Net Funds.
Boundless Endeavorswill pay Net Funds balance in U.S. currency through PayPal. It is up to PayPal to take care of any currency conversions. Boundless Endeavors is not responsible for exchange rates, or Paypal fees.
9. Author Obligations
As an Author you hereby agree to:-
- only upload Intellectual Property to the Store that you either own or have the rights to sell. Intellectual Property must not infringe upon the Intellectual Property Rights of any third party. The Author agrees to provide Boundless Endeavors with any applicable information required by law in the course of verifying the legitimacy of Intellectual Property submitted to and sold via the Store.
- not use the Store in any manner that is not permitted by this Agreement or that violates any law, regulation or statute in an applicable jurisdiction.
- not upload or submit any harmful file to the Store such as, but not limited to, those that contain Viruses.
- not upload or submit or use the Store to transfer any work or other material or content that is libelous or slanderous or otherwise defamatory, obscene or indecent.
- not upload or submit any content that is in any way considered derogatory, discrminating or hate-oriented in regards to the LGBT community, or towards any specific race/ethnicity, persons with disabilities, or any sexual orientation or gender identities.
- be the sole responsible person for their account and as such will not share confidential login details with any other party. If a third party gains access to an Author account the Author is solely responsible for the actions of the third party.
- not upload or submit any content that is sexually-explicit or considered pornography. If Author would like Boundless Endeavors to consider a Product containing Adult themes, Author will contact Boundless Endeavors via email with a special request.
- have the legal capacity and authority to enter into this agreement.
- provide truthful and accurate information in the course of creating an account to use the Store.
- allow Boundless Endeavors to use the whole or part of your Product to promote the Store. This promotional use may include but is not limited to use in public relations e.g. emails, webpages, or on third party sites. No compensation is payable for the promotional use.
- provide accurate bank details that Sales Commission can be paid into.
10. Boundless Endeavors Obligations
- Boundless Endeavors shall use its reasonable endeavors to make the Store available to its Authors and customers 100% of the time, but because the Store is provided by means of computer and telecommunications systems, Boundless Endeavors makes no warranties or representations that the Store will be uninterrupted or error-free and Boundless Endeavors shall not, in any event, be liable for interruptions of the Store or Downtime.
- Boundless Endeavors carries out regular data backups for use by Boundless Endeavors in the event of systems failure. Boundless Endeavors do not provide data restoration facilities for an individual Author. Even though every effort is made to ensure data is backed up correctly Boundless Endeavors accepts no responsibility for data loss or corruption.
- All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.
The Author agrees to indemnify and hold Boundless Endeavors and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Boundless Endeavors arising out of any breach by the Author of the terms of this Agreement or other liabilities arising out of or relating to the Store.
12. Limitation of Liability
The entire liability of Boundless Endeavors to the Author in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the Net Funds paid to the Author under this Agreement in respect of which the breach has arisen. In no event shall Boundless Endeavors be liable to the Author for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Boundless Endeavors had been made aware of the possibility of the Author incurring such a loss.
13. Term & Termination
This Agreement will become effective on the date the Author has passed the review process and their first Product is displayed for sale in the Store and shall continue until terminated by either party. Either party may terminate this Agreement forthwith if:-
- The Author deems the service not suitable.
- Boundless Endeavors deems the Author or Product not suitable.
- The other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so.
- The other party commits a material breach of this Agreement which cannot be remedied under any circumstances.
- On termination all Intellectual Property and Data held in the Author account will be deleted. Any outstanding Net Funds owed to an author will be paid out minus a 5% reserve to cover chargebacks or refunds for a period of 120 days. If after 120 days there is money remaining in the 5% reserve that will then be paid out to the Author via PayPal.
Boundless Endeavors may assign or otherwise transfer this Agreement at any time. The Author may not assign or otherwise transfer this Agreement or any part of it without prior written consent from Boundless Endeavors.
15. Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
Any notice to be given by either party to the other may be sent by email. Emails shall, unless the contrary is proved, be deemed to be received on the day it was sent.
18. Entire Agreement
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
19. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the United States of America and the parties hereby submit to the exclusive jurisdiction of the U.S. courts.
Boundless Endeavors communicates with an Author via email and as such you agree to receive by email occasional emails which may contain but not limited to changes to our terms and conditions, notification of major outages, updates to the Store, and/or co-marketing opportunities.
To protect your privacy we will not distribute any of your details to third parties, unless required to do so by law. Boundless Endeavors is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using the Store, then you can be assured that it will only be used in accordance with this privacy statement. Boundless Endeavors may change this policy by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
– What we collect
We will collect the following information when you sign up to use the Store:-
- Your first and last name
- Your email address
- Your address
- Your Phone Number
- Your PayPal email address
- A password known only to you to allow you to log in an view your account information
- The products you want to sell
What we do with the information we gather
We require this essential information to fulfill our obligations, review an Author Product and provide the Store service, making it available to sell said Product on Store once approved.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect and deliver online.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, cookies allow web applications to respond to you as an individual. Boundess Endeavors utilizes cookies for the following purposes:-
- to create a login session for the Author to allow them access to their Store account.
- to track items added to the embedded shopping cart.
- to create login session for Customers purchasing Products from Store