Everyday Biographies Client Services Agreement

Everyday Biographies is a registered limited company located in London, United Kingdom. For the remainder of this Agreement, our company shall be referred to as "us" or "we" or variations of similar personal pronouns. You, our customer, shall be referred to as "you" throughout this Agreement.

1. Statement of Services

Our goal is to work with you to create a biography that you may cherish for a lifetime.

In order to complete this project, we shall:
  • Provide an Interviewer/Project Manager.
  • Provide a interviewer who shall conduct a series of interviews with you via telephone. These interviews will be recorded.
  • Provide a professional Transcriber who shall transcribe the interviews.
  • Provide a professional writer who shall weave your interviews into a compelling biography using the material recorded in the interviews.
  • Provide a professional Cover Artist/Designer to create a unique cover for your book.
  • Provide Typesetting services.
  • Provide printing services. Your book will be bound in a choice of paperback or hardback with dust jacket.
2. Schedule and Nature of Services

We shall complete our work within our scheduled completion guidelines.
We ask that you keep all telephone appointments in order to assure that we may complete your order in a timely manner. You will also need to send us any materials such as photographs via the Internet as JPEG attachments.

3. Consideration

Total consideration paid by you shall depend on the product that you have selected. Currently we offer the Childhood Memories, Classic and Epic autobiography products.

4. Copyright and License Provided

You will own all Copyright and intellectual property interest. You shall be considered the sole publisher of your work.

5. Original Work Exclusively Required

All creative work that you provide us must be completely original in nature. Your creative work would include photographs you submit, your interviews, and any other intellectual property you provide to us. You may not incorporate work or material that you did not create yourself or that you do not have the legal right to submit to us for publication. You agree to hold us harmless and to defend us from any claim of intellectual property infringement, violation of the rights of privacy or publicity, violations of any duty of confidentiality, defamation, or any other civil or criminal claim that arises from your work which arises from any third party.

6. Assignment

You may not assign or transfer this Agreement in any manner, whole or in part. This is a personal services contract and as such only you may fulfill the obligations hereunder. We may assign, sell, lease, or transfer this Agreement freely with no restrictions in any manner.

7. Jurisdiction / Arbitration

This Agreement will be governed by and construed in accordance with the internal laws of the Nation of the United Kingdom, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in London, UK, before an arbitration service provider as selected exclusively by us. The arbitrator's fees will be shared equally by the parties and each party will initially bear its own costs and attorneys' fees, but the prevailing party shall be reimbursed by the other party for all attorney’s fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.

8. Waiver and Amendments

No waiver, amendment, or modification of any provision of this Agreement shall be effective unless agreed to by both parties in writing. No failure or delay by either party in exercising any rights, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy.

9. Severability

Should any term of this Agreement be finally determined by a court of competent jurisdiction to be invalid, unenforceable or otherwise contrary to law and equity, the parties agree that such provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary to eliminate its invalidity or unenforceability, and that the other provisions of this Agreement shall remain unaffected.

10. Force Majeure

Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of our website or other occurrences which are beyond either party’s reasonable control.

11. Notice

Any notice, demand or other communication which may or is required to be given under this Agreement must be in writing and must be: (a) personally delivered; (b) transmitted by United Kingdom postage prepaid mail.

12. Entire Agreement

This Agreement contains the full understanding between the parties and supercedes all prior representations or agreements, whether oral or written, with respect to such matters. This Agreement may only be changed by a written document signed by both parties.

13. Relationship of Parties

You and we are independent businesses, and nothing in this Agreement or the conduct of the parties pursuant hereto shall establish a relationship of principal/agent, franchiser/franchisee, employer/employee, master/servant, or otherwise. Neither party shall have any authority to represent the other, to bind the other, or to hold itself out as having authority to do any of the foregoing.

14. Errata

While we strive to produce work that is error free, we cannot warrant that your printed book will be free of all possible errata. We regret that we cannot reprint books at our expense if minor errata appears.