EBIZ Multi-media Author Terms & Conditions

• "Business Day" means any day other than Saturday or Sunday that is not a bank or public holiday;
• "Cancellations Policy" means our cancellations policy which can be found at ebiz.institute/terms;
• "Commencement Date" means the date of your acceptance;
• "Royalty Rate" means the royalties payable by the Publisher to the Author in accordance with Sub-clause11.2, after deduction of withholding tax;
• "Confidential Information" means confidential information disclosed by one party (Disclosing Party) to another (Receiving Party) that

(i) prior to disclosure, is marked with a legend indicating its confidential status or which by its nature a reasonable person would know or should reasonably know is proprietary and confidential or
(ii) if disclosed orally or visually, is identified by the Disclosing Party as confidential at the time of disclosure and within 30 days of such disclosure is summarized in a notice to the Receiving Party by the Disclosing Party.
The terms of this Agreement constitute the Confidential Information of each Party.
Notwithstanding the foregoing, in no event is information Confidential Information if it
(a) was in the Receiving Party’s possession before receipt from the Disclosing Party;
(b) is or becomes a matter of public knowledge through no fault of the Receiving Party;
(c) is received by the Receiving Party, without restriction as to further disclosure, from a third party having an apparent bona fide right to disclose the information to the Receiving Party; or
(d) is independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information.
Each Receiving Party shall treat the Confidential Information of a Disclosing Party as confidential and proprietary, including observing with respect thereto the same safeguards and protections that such Receiving Party observes with respect to its own Confidential Information, but in no event shall it afford less than a reasonable amount of protection, and shall not disclose such Confidential Information to third parties without the prior written consent of the Disclosing Party, except
(1) when required to be disclosed by court rule or governmental law or regulation, provided that such Receiving Party gives the Disclosing Party prompt notice of any such requirement and cooperates with the Disclosing Party in attempting to limit such disclosure, to the extent such Receiving Party may do so in compliance with court rule or governmental law or regulation,
(2) that such Receiving Party may disclose this Agreement to its outside counsel, accountants and other advisors if needed in connection with services provided by them to such Receiving Party provided that such persons or entities are bound to confidentiality obligations at least as stringent to those contained herein, and
(3) subject to any other requirements imposed by this Agreement, each Party may disclose the existence and general nature of this Agreement.

• "Work:" means the title of the book that the Author grants and assigns to the Publisher and its international affiliates, subsidiaries and assignees worldwide, all rights, title and interest in and to the copyright of, and the exclusive right to publish and license to publish the first and all subsequent editions in all forms and media in all languages throughout the world;
• "Net Sales Receipt" means sales receipts actually received by the Publisher in selling the Work, less any goods and services tax;
• "all media" includes but is not limited to digital storage and retrieval systems, on-line or satellite transmission, or any device or medium for electronic reproduction, publication or transmission whether currently existing or hereafter known or developed;
• "Intellectual Property Rights" means all proprietary rights worldwide arising under statutory or common law, whether or not registered or perfected, including without limitation all (1) rights associated with works of authorship, including copyrights, copyright applications, copyright registrations and rights in data and databases, (2) rights associated with indicia of source, including trademarks, trade name, trade dress, logos, corporate names and domain names, together with all the goodwill associated therewith, (3) rights relating to patents and patent applications, (4) rights relating to the protection of trade secrets, know-how and other confidential information, and (5) renewals and extensions or any of the foregoing, whether now existing or hereafter filed, issued or acquired ;
• "Registered Email Address" means the email address of the Author as provided in your Registration Data;
• "Registration Data" means the information provided by the Author when registering for enrolment in the Program;
• "Service Package" means a particular set of services available from us through our website as defined in Clause 7; and

Neither Party to these Terms & Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to, power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

The Parties agree that in the event that one or more of the provisions of these Terms & Conditions is found to be unlawful, invalid, or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms & Conditions. The remainder of the Terms & Conditions shall be valid and enforceable.