Article 1 Definitions

• Sweek publishing – a company who facilitates individual persons and legal entities in selling books directly to readers
• Author – individual person or legal entity who publishes books via Sweek publishing for personal and/or business purposes
• Reviewer – individual person or legal entity who reviews manuscripts for authors
• Customer – anyone who visits Sweek publishing, including Author and Reviewer
• Services – functionalities and services offered by Sweek publishing to the Customer
• Products (and goods) – products offered by Sweek publishing, mainly books and e-books
• Register – filling in an online form with name, email and password, in order to create an Account at Sweek publishing
• Account – registered access to the website of Sweek publishing, by using a Personal Dashboard
• Personal Dashboard – online overview of all activities employed by the Author: books published, sales, finance, Author website, fans and messages from Sweek publishing
• Profile – personal information about the Author; only part is public information, such as the author’s name and picture
• Publishing – going through the six publication steps in order to publish a book
• Marketing and Sales – a combination of activities in order to stimulate the sales of Author’s books
• Author Website – the personal website offered to the Author by Sweek publishing, used to communicate with the outer world and for selling books
• Affiliate – website promoting and selling books from the Author, via a link with Sweek publishing and/or the Author’s website
• Shop – the webshop of Sweek publishing

Article 2 Identity of Sweek publishing
Sweek publishing
E-mail: info@mybestseller.com

Article 3 Applicability

• 3.1 These General Conditions apply to all Customers of Sweek publishing. For Authors and Reviewers specific additional conditions apply
• 3.2 Before a Customer starts using the Products and Services of Sweek publishing he will be notified of the General Conditions.
• 3.3 Authors have to agree to the General Conditions before they start publishing with Sweek publishing.
• 3.4 Customers can download a copy of the General Conditions from the website of Sweek publishing at all times.

Article 4 Services of Sweek publishing

• 4.1 General – Sweek publishing is an online publishing company that offers Authors the opportunity to publish their books without any costs involved. Sweek publishing supports Authors in publishing of books and marketing and sales thereof. Customers can buy books at Sweek publishing via the Shop or via the website of the Author. Ordered books will be delivered to the address supplied by the Customer.
• 4.2 Publishing – In order to publish a book the Author must complete the six publishing steps of Sweek publishing.
• 4.3 Marketing and Sales – Sweek publishing offers the Author a series of promotional activities
• 4.4 Personal Dashboard – web page offering the Author an overview of his activities.
• 4.5 Shop – Sweek publishing owns a web shop wherein all Author’s books will be displayed and offered for sale to Customers. Privately published books will not be shown in the shop of Sweek publishing. Books ordered by the Customer will be delivered to the address supplied by the Customer.
• 4.6 Other services – Services offered by Sweek publishing that are not specifically mentioned in the General Conditions, also are ruled by the General Conditions.

Article 5 Specific Conditions Applying to the Author

• 5.1 The Author must have an Account with Sweek publishing and must agree with the terms and conditions.
• 5.2 The Author will not use racist, hatred arousing, discriminating or insulting texts or phrases in his publications. The Author will not plagiarise texts from others in his publications.
• 5.3 The Author will not misuse the (community) facilities of Sweek publishing in the sense of placing negative, hatred arousing texts. Sweek publishing retains the right to remove books and inactivate the Author’s account at Sweek publishing’s sole discretion, should such an event occur.
• 5.4 The Author is responsible for the contents of the book. Sweek publishing facilitates the publication thereof. Should (legal) action occur against books from the Author, the Author must respond and is fully responsible. The Author indemnifies Sweek publishing for any claims or damage that may occur due to the publication of his book(s). The Author will not claim compensation from Sweek publishing in any form. Should Sweek publishing suffer any damage, including legal costs, the Author is required to reimburse Sweek publishing.
• 5.5 The Author will not hold Sweek publishing responsible for malfunction of services offered by Sweek publishing. The Author will not take any legal action against Sweek publishing, should malfunction of said services occur.
• 5.6 The Author will not publish a book at Sweek publishing when the Author does not fully own the copyright of the contents, for example if the copyright of all or part of the contents is owned by a third party. Should the Author publish such a book, he will indemnify Sweek publishing for any consequences and the Author will be held fully responsible and accountable for all matters resulting there from.
• 5.7 Should the Author detect malfunctions in the services offered by Sweek publishing, the Author shall notify Sweek publishing immediately, by using the online contact form.
• 5.8 The Author permits Sweek publishing to use his book(s) and information about the Author for promotional activities. In such cases Sweek publishing is allowed to use widgets, social networks, press releases, fora and blogs, tell-a-friend functionalities and to cooperate with business partners of Sweek publishing.
• 5.9 The Author is allowed to refer to Sweek publishing in regard to his book(s), as long as the Author does not damage the reputation of Sweek publishing, nor infringes upon the intellectual property rights of Sweek publishing.
• 5.10 Sweek publishing is entitled to deactivate the account of the Author and stop the sales of his books, if the Author at any time does not comply with the rules specified in the General Conditions. Sweek publishing does not bear any responsibility, nor can be held accountable for any damage, directly or indirectly, by the Author, should such an incident occur.

Article 6 Copyrights, Publication Rights, Reproduction Rights and Intellectual Property Rights

• 6.1 The Author always holds the copyright, as is regulated by law.
• 6.2 Sweek publishing has the right to reproduce and sell books (and e-books) of Author for the duration that the Author stays active at Sweek publishing and for the duration that the Author’s books are available for sale at Sweek publishing.
• 6.3 The Author is entitled to leave Sweek publishing at any time and at the Author’s convenience. In such a case the Author retains the publication rights and the reproduction rights. It is the Author’s responsibility to withdraw his publications from Sweek publishing. Should the Author fail to do so, Sweek publishing is allowed to continue to sell these publications via the Author’s website and via Sweek publishing’s web shop.
• 6.4 The website of Sweek publishing, its functionality and the content of the website (excluding manuscripts and book files) are the intellectual property of Sweek publishing and therefore are protected by copyright. Customers are not allowed to copy the website or any portion thereof and/or publish them for other purposes than stated in the General Conditions, unless Sweek publishing has given permission in writing beforehand.

Article 7 Specific Conditions applying to the Reviewer

• 7.1 The Reviewer must have an Account at Sweek publishing and must agree with the General Conditions.
• 7.2 The Reviewer agrees with the Author regarding the review method, the areas of attention and the delivery time of the reviewed manuscript.
• 7.3 The Reviewer will follow all regulations regarding the privacy of the Author, conform to the General Conditions of Sweek publishing and any law applicable regarding privacy rules for individuals. Reviewer will not show the manuscript in any form to third parties, neither copy it nor use it for commercial purposes without prior written permission from the Author.
• 7.4 The Reviewer will not claim any royalties on a published book that was reviewed by the Reviewer.
• 7.5 The Reviewer will never claim any copy- and/or publishing rights regarding books reviewed by him/her.
• 7.6 The Reviewer will not use any hateful, racist, discriminating or insulting terms in the reviewing of the manuscripts offered to him/her by the Author.
• 7.7 Sweek publishing is entitled to deactivate Reviewer’s Account, should Reviewer not comply with the rules as stated in the General Conditions. Should such a case occur, then Sweek publishing owes no responsibility or need to explain to the Reviewer or the Author.
• 7.8 Sweek publishing cannot in any way be held responsible for the work delivered by the Reviewer. The Reviewer will not hold Sweek publishing responsible.
• 7.9 The Reviewer is responsible and held accountable for any damage that might occur, for instance to the Author in such cases where the Reviewer does not comply to the rules stated in the General Conditions and/or in the Specific Conditions applying to the Reviewer. The Reviewer indemnifies Sweek publishing for any claim that might occur.
• 7.10 The Reviewer will pay a small percentage of his fee to Sweek publishing for any work that was acquired via Sweek publishing or one of its Business Partners.
• 7.11 The entire Article 7 applies to any free review service offered by Sweek publishing as well as to any paid review service.

Article 8 Purchase of Services and Products at Sweek publishing

• 8.1 Sweek publishing will take the utmost care in fulfilment of orders concerning Services and Products. Sweek publishing cooperates with trusted third parties, among others in the areas of reviewing, design and layout, payment systems, printing and distribution.
• 8.2 Prices for Services and Products offered on the website and in the shop are VAT (Sales Tax) inclusive, but exclude postage and packaging costs (if applicable). The latter costs will be shown before the Customer completes the purchase.
• 8.3 Prices for Services and Products offered by Sweek publishing are subject to change.
• 8.4 Payment methods are displayed on the payment screen. Payment for all Services and Products must be made before delivery.
• 8.5 Displayed delivery times are estimations. No claim can be made due to delivery outside these estimates.
• 8.6 The delivery address is the address given by the Customer.
• 8.7 After having received his/her Product(s) the Customer is entitled, without clarification, to nullify his/her purchase within fourteen days of receiving the Product(s). Sweek publishing appreciates knowing why the Customer cancelled a purchase and asks him/her kindly to explain. This does not apply to Services provided and delivered. The Customer is obliged to check all goods upon delivery. If the Product is not to the Customer’s satisfaction, the Customer must notify Sweek publishing in writing via the customer service email, within fourteen days after the delivery date. If that date has passed, the Customer is deemed to have accepted his/her order.
• 8.8 Sweek publishing accepts returns when they have been sent within 14 days of delivery and if they are accompanied by a copy of the invoice and/or the original shipping notice. Each book must be undamaged and returned in the original packaging. Return costs are borne by the Customer.
• 8.9 In cases of force majeure Sweek publishing is entitled to suspend delivery or nullify the order, without judicial interference. Should such a case appear, Sweek publishing will notify you in writing per email and will not accept any claims for compensation.
• 8.10 If the Customer is not satisfied with the goods or services delivered, he may contact Sweek publishing via its customer service email address.

Article 9 Liability

• 9.1 Sweek publishing has built its website carefully and with the utmost integrity. Sweek publishing is not liable in any case for the contents on its website, as far as it is placed there by Customers. Sweek publishing takes a serious effort to prevent incorrectness on its website (especially unlawful and criminal information) and to conform to the norms and values of Sweek publishing (See Articles 5 and 11 of the terms and conditions).
• 9.2 When Customers register with Sweek publishing they must complete certain data to acquire an account. Sweek publishing is not liable nor can it be held accountable for the correctness of these data. The responsibility thereof is borne solely by the Customer.
• 9.3 Sweek publishing is not liable nor can be held accountable for the access to or information on any other website that is linked to the website of Sweek publishing.
• 9.4 Sweek publishing is not liable nor can be held accountable for direct and/or indirect damage that may occur to the Customer regarding publishing books or published books by the Customer at Sweek publishing.

Article 10 Privacy of Personal Information

• 10.1 Sweek publishing processes and stores personal information as a consequence of the services it offers. This information is stored in conformation with legal requirements, which may differ per country.
• 10.2 Sweek publishing acknowledges a Privacy Statement wherein is stated how Sweek publishing takes care of personal information. The Privacy Statement is an integral part of the terms and conditions.

Article 11 Notice & Take Down (NTD)

• 11.1 Sweek publishing follows the international behaviour code Notice & Take Down (NTD).
• 11.2 Any customer is entitled to file a complaint regarding (supposed) unlawful and/or criminal contents on the website of Sweek publishing, with the request to remove such contents from that website.
• 11.3 When filing the complaint the Customer must inform Sweek publishing correctly and completely, including but not limited to the following:
  • Contact information of the Customer.
  • Information Sweek publishing needs to check the specified content; the URL where this information can be found.
  • A description explaining why the contents are unlawful and/or criminal according to the Customer, or an explanation why these contents may conflict with criteria published by Sweek publishing regarding unwanted contents.
• 11.4 Sweek publishing will judge the complaint within two weeks after having received it, after which Sweek publishing will contact the Customer. Dependent upon a preliminary quick scan, the following actions may be taken:
  • Sweek publishing contacts the Author of the content and agrees with the Author how to take care of the matter. Sweek publishing then contacts the Customer
  • Sweek publishing requests the Author to contact the Customer (for which the Customer has to give permission first), with the aim that Author and Customer can mutually agree on a solution. Sweek publishing will act as mediator.
  • Sweek publishing removes the contents when it is clear that the complaint was just. Author and Customer will then be informed.
  • Sweek publishing will take no action, of which the Customer will be informed.
• 11.5 Announcements involving a search warrant regarding a criminal offense will be verified by Sweek publishing at the applicable official institution.

Article 12 Final Statements

• 12.1 These General Conditions apply to each Customer of the software and services offered by Sweek publishing. Questions regarding the General Conditions can be sent by email to: info@mybestseller.com
• 12.2 Sweek publishing may amend the General Conditions at any time, in its sole discretion. Sweek publishing will always display the most recent version of the General Conditions on its website.
• 12.3 Should one or more articles (or subarticles) of these General Conditions be terminated or nullified at any moment in time, the remaining articles (and subarticles) will still fully apply.
• 12.4 These General Conditions are governed by and construed and enforced in accordance with the laws of the Netherlands. Should conflicts arise between Customer and Sweek publishing, they will first attempt to come to an arrangement between themselves. Should a conflict not be settled in this way, then the courts of the Netherlands shall have exclusive venue and jurisdiction over any disputes that arise.

Rotterdam, 20 October 2012