Compliance
Privacy Policy
Quill Publisher shall follow the privacy policy when using collected personal information. Quill Publisher may revise its privacy policy without notice by posting the amended privacy policy on the Quill Publisher website. You shall periodically review the website to be aware of changes.
Communication. Quill Publisher may send you communications regarding your account, the Services, or its other products and services. By accepting this agreement, you consent to receiving marketing material from Quill Publisher and its affiliates. You may withdraw this consent later and opt-out of receiving communication not directly related to the services by emailing info@quillpublisher.com.
Data Collection. Quill Publisher may collect any information necessary to ensure your compliance with this agreement. Quill Publisher may also collect non-personally identifiable information about your use of the Services, which Quill Publisher may use without restriction. Quill Publisher may monitor and record the Services, including any online sessions. These recordings are primarily for improving customer service, internal training, and internal market research. Quill Publisher may disclose these recordings and any other information to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect ourselves and/or Quill Publisher customers.
Arbitration. To the extent permitted by law, you shall notify Quill Publisher of any dispute arising under this agreement before seeking dispute resolution. If dispute is not resolved within sixty (60) days after initial notice, then a party may proceed as follows: Email: info@quillpublisher.com
The parties shall resolve the dispute by arbitration conducted through the services of the American Arbitration Association (“AAA”). The party initiating the arbitration shall send notice to the other party. All arbitration hearings will be in Ste N Sheridan, WY 82801.
The parties shall appoint a panel of three possible arbitrators to hear the matter and then each party shall name one Arbitrator to be dropped from the panel, leaving one arbitrator. The party giving notice of the arbitration shall select the first dropped arbitrator.
The parties shall split the costs of the arbitrator equally regardless of the final decision. The party found in default of this agreement by the arbitrator shall pay all costs of the other party that are incurred in enforcing its rights under this agreement (including attorney’s fees).
Miscellaneous
Independent Contractors. The parties are acting as independent contractors and not as agents or employees of each other. Neither party has the power to bind or obligate the other, and each party is responsible for its own expenses and employees.
Notices. You shall send all notices to Quill Publisher by first class mail, return receipt requested, in English writing to our office address.. Quill Publisher shall send all notices to the email address listed in your account.
Entire Agreement. With respect to the Written Content, this agreement is the entire understanding of the parties and supersedes all other agreements that may exist between the parties. The parties may execute one or more counterparts of the agreement, each of which will be deemed an original copy of the agreement. Section headings in this agreement are for reference and convenience only and are not part of the interpretation of the agreement.
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SUBSCRIBER AGREEMENT
Service Agreements
THE SERVICES ARE FOR A LIMITED TIME ONLY AND EXPIRE WITHOUT NOTICE. YOU MAY OBTAIN A REFUND OF THE AMOUNT PAID FOR THE SERVICES WITHIN 30 DAYS OF THE PURCHASE DATE BY EMAILING: info@quillpublisher.com.
All payments are made and payable to Quill Publisher.
1. General
1.1. Scope. Quill Publisher services are Quill Publisher paid-for chat-based support services as described on the Quill Publisher website. The specific scope of the Services is in Quill Publisher sole discretion and may change without notice.
1.2. Access. The Services are provided only via Internet chat and E-Mail. Access to the Internet is required to receive the Services, and you are responsible for providing and maintaining your Internet connection. A high speed Internet connection is highly recommended in order to avoid delays or problems with the Services. Services are provided only after you contact Quill Publisher support personnel using the E-Mail distributed with the Services. You warrant that use of the Services complies with all applicable publishing policies. Prior to receiving the Services, you must have Copy Rights to the book and provide Quill Publisher with correct and accurate information.
1.3. Assistance. You shall assist Quill Publisher as reasonably requested by Quill Publisher in providing the Services. Your failure to cooperate with the Quill Publisher representative constitutes a breach of this agreement. The Quill Publisher representative has sole discretion over any instructions and steps taken in providing the Services.
2. Limitations
2.1. One Site Services. Any services provided onsite are provided solely by a third party and not by Quill Publisher itself. You waive all liability against Quill Publisher for any on site Services and acknowledge that Quill Publisher does not guarantee any on site services performed.
2.2. Quality of Services. Quill Publisher provides all Services using commercially reasonable efforts. Quill Publisher does not represent that commercially reasonable efforts will optimally increase the book sales.
2.3. Compliance with Laws. You shall comply with all laws, regulations, and other restrictions when using the Services. You may not use the Services to 1) engage in conduct that is offensive, abusive, contrary to public morality, indecent, defamatory, obscene, or menacing, 2) cause Quill Publisher or a third party distress, annoyance, denial of any service, disruption or inconvenience, or 3) send or receive unsolicited bulk correspondence.
3. Ownership. Quill Publisher retains ownership at all times over the Services, including all ownership in any software or intellectual property accompanying the Services. You shall not use Quill Publisher trademarks except with Quill Publisher prior written consent.
4. Promotions
4.1. Terms. Quill Publisher occasionally offers promotions and special offers (“Promotion”) such as free trials. Quill Publisher may terminate a Promotion at any time. If you subscribe to the Services during a Promotion, you shall be bound by the terms of the Promotion as set forth on the advertisement or web page of the Promotion.
4.2. ACH Payment / Credit Card Required. All payments are made and payable to Quill Publisher LLC When subscribing to Promotions, including free trials, Quill Publisher may require you to enter payment information, such as a credit card number. At the end of a trial period, Quill Publisher may automatically charge the entered payment information for the Services unless Quill Publisher is notified by email, through the email address provided during your registration for the Services, of your cancellation of the Services. Annual subscriptions expire one-year from the end of the trial period. Quill Publisher is not obligated to provide notice to you of a trial period’s expiration or before your credit card is billed for the Services. You are solely responsible for ensuring that you unsubscribe from any unwanted Services prior the end of the Promotion. No refunds shall be given for a failure to cancel the Services. All Promotions are limited to one per customer. Quill Publisher reserves the right to deny or revoke a subscription to a Promotion for any reason.
5. Payment.
5.1. Fees. You may use the Services only after paying Quill Publisher any applicable fees for the Services. All fees are posted on the Quill Publisher website and are subject to change without notice. Quill Publisher may deactivate or disable the Services without notice if you fail to pay the applicable fees. All fees are non-refundable.
5.2. Method of Payment. All payments are made and payable to Quill Publisher . You shall pay all fees in advance using a ACH with Edebit Direct. Quill Publisher may charge any fees incurred while using the Services (such as renewal fees) to the provided ACH payment – Edebit Direct / credit card without further notice. If Quill Publisher is unable to bill the ACH Payment / Credit Card Payment, Quill Publisher may make the Services inaccessible to you until payment is received.
5.3. Billing Issues. You shall notify Quill Publisher of any billing problems or disputes within 30 days after the charge first appears on a statement from the ACH Payment from Edebit Direct – Quill Publisher. You waive your right to dispute any billing problem if you fail to notify Quill Publisher within the 30 day period.
Email: billing@quillpublisher.com
6. Term and Termination
6.1. Term. Unless terminated as allowed under this section, this agreement continues for as long as you continue to pay the applicable fees for the Services. Quill Publisher may terminate this agreement without notice if you fail to pay any applicable fees.
6.2. Consumer Service. Subscription-based consumer-based services have a subscription period of one year from the date that you register for the Services.
6.3. Business Services. Services for business are billed monthly. You may cancel at any time by sending notice of the cancellation to Quill Publisher.
6.4. Voluntary Termination. You may terminate this agreement by contacting billing@quillpublisher.com. In this case, the agreement terminates upon Quill Publisher receipt of the email.
6.5. Involuntary Termination. Quill Publisher may terminate this agreement without notice by disabling your account or access to the Services. Quill Publisher may disable your account or deny access to the Services at any time.
6.6. Events Upon Termination. Upon termination, you shall cease using the Services. Quill Publisher shall not bill you any additional fees but is not obligated to provide refunds for any paid for but unused Services.
7. Warranty Disclaimers and Limitations on Liability
7.1. Warranty Disclaimer; Assumption of Risk. YOU ACKNOWLEDGE THAT QUILL PUBLISHER PROVIDES THE SERVICES “AS IS” AND “AS AVAILABLE”. QUILL PUBLISHER EXPRESSLY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES IN THE SERVICES AND RELATED SOFTWARE. THIS DISCLAIMER INCLUDES ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND IS EFFECTIVE TO THE MAXIMUM EXTENT ALLOWED BY LAW. QUILL PUBLISHER DOES NOT GUARANTEE THAT 1) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR 2) THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY OF THE SERVICES.
7.2. Damage Limitation. YOU WAIVE ALL LIABILITY OF QUILL PUBLISHER AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AND CONTRACTORS, RESULTING FROM OR CONNECTED TO THIS AGREEMENT. YOU WAIVE ALL LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS WAIVER INCLUDES ALL DAMAGES FOR LOST PROFITS, REVENUE, USE, OR DATA AND APPLIES EVEN IF QUILL PUBLISHER IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. These limitations apply to the maximum extent permitted by law regardless of 1) the reason for or nature of the liability, including tort claims, 2) the number of claims, 3) the extent or nature of the damages, and 4) whether any other provisions of this agreement have been breached or proven ineffective.
7.3. Exceptions. If any legal right disallows an exclusion of warranties or disallows limiting certain damages, then the disclaimers of warranty and limitations on liability herein apply only to the maximum extent allowed by law.
8. Remedy
8.1. Limitation on Actions. Except for actions and claims related to a party’s indemnification and confidentiality obligations, all claims and actions arising from this agreement must be brought within one (1) year from the date when the cause of action occurred.
8.2. Remedy. Your sole remedy for a defect in the Service is to have Quill Publisher attempt to cure the defect. Quill Publisher is not obligated to correct a defect if (i) the Service was misused, damaged, or modified, (ii) you did not promptly report the defect to Quill Publisher, or (iii) you have breached any provision of this agreement.