Client Agreement
This Agreement (“Agreement”) is made on the date submitted and agreed to by and between the person or entity whose name and address are set forth on this form ("Customer" or “you”). By agreeing to this agreement and submitting a request for a review (“Review”) of a book (the “Book”) by Kirkus Indie, Customer hereby irrevocably and unconditionally agrees to the following terms and conditions:
1. You may not cancel this Agreement. If William Ballard decides not to provide the Review, you will receive a full refund for your purchase of the Review. If William Ballard elects to provide the Review, the Review process will begin after William Ballard receives payment, this signed and dated Agreement. Standard reviews are generally completed and returned to Client within seven to nine weeks, while expedited reviews are generally completed and returned to Client within four to six weeks, but there is no guarantee as to timing. Submissions are not processed on weekends or national holidays. Review will be no less than approximately 600 to 700 words in length. Books containing 200,000 words or more are subject to additional fees and reasonable extension of time for completion of the review. If William Ballard declines to provide a Review or if Clients submits a Book containing 200,000 words or more and declines additional fees and extension of time for completion of Review, Client’s payment will be returned to Client.
2. Client may reproduce the Review in its entirety or excerpt a portion of it for marketing or promotional purposes only. Client may not add words to, or alter the integrity of the Review. In each use of the Review, Client must include a prominent credit attributing the Review to “William Ballard” in italics. If Client reproduces any portion of the Review for promotional purposes, client must grant William Ballard the right to publish the Review in its entirety on www.williamballard.org
3. William Ballard reserves the right to publish and distribute all reviews published on www.williamballard.org without limitation. This includes but is not limited to email distribution of the Review to William's newsletter subscribers, and distribution of the Review to licensees of William Ballard.
4. William Ballard will endeavor to provide an objective, but not necessarily favorable, Review; however, each Review is subjective. No second reviews or refunds will be granted, regardless of the content or nature of the Review. William Ballard specifically disclaims all warranties, express or implied, including, but not limited to, warranties against non-infringement, and implied warranties of merchantability and fitness for a particular purpose. Client has no legal recourse, and may not threaten or commence litigation, if it does not agree with the Review or finds it objectionable. If you commence litigation, you shall be liable for any legal fees incurred by William Ballard. Revisions of the Review will be considered only if it contains factual errors. Any revisions will be made at William Ballard's discretion.
5. You represent and warrant that you are authorized to submit the Book for a Review. Client irrevocably releases William Ballard, its affiliates, partners, and shall indemnify, defend and hold them harmless from and against any and all liabilities, damages, losses, claims, costs and fees (including attorneys’ fees) related to or arising in connection with the Review and any breach of this Agreement.
6. Client may not assign this Agreement. This Agreement supersedes all prior agreements and understanding between you and William Ballard regarding the subject matter hereof. This Agreement shall be construed and interpreted according to the laws of the State of Texas without regard to its conflicts of law provisions and shall be binding upon the parties hereto, their heirs, successors, permitted assigns and representatives. Customer hereby submits to the exclusive personal jurisdiction of the federal and state courts located in Austin, TX, which shall have exclusive jurisdiction to hear and settle any and all matters involving the parties.
1. You may not cancel this Agreement. If William Ballard decides not to provide the Review, you will receive a full refund for your purchase of the Review. If William Ballard elects to provide the Review, the Review process will begin after William Ballard receives payment, this signed and dated Agreement. Standard reviews are generally completed and returned to Client within seven to nine weeks, while expedited reviews are generally completed and returned to Client within four to six weeks, but there is no guarantee as to timing. Submissions are not processed on weekends or national holidays. Review will be no less than approximately 600 to 700 words in length. Books containing 200,000 words or more are subject to additional fees and reasonable extension of time for completion of the review. If William Ballard declines to provide a Review or if Clients submits a Book containing 200,000 words or more and declines additional fees and extension of time for completion of Review, Client’s payment will be returned to Client.
2. Client may reproduce the Review in its entirety or excerpt a portion of it for marketing or promotional purposes only. Client may not add words to, or alter the integrity of the Review. In each use of the Review, Client must include a prominent credit attributing the Review to “William Ballard” in italics. If Client reproduces any portion of the Review for promotional purposes, client must grant William Ballard the right to publish the Review in its entirety on www.williamballard.org
3. William Ballard reserves the right to publish and distribute all reviews published on www.williamballard.org without limitation. This includes but is not limited to email distribution of the Review to William's newsletter subscribers, and distribution of the Review to licensees of William Ballard.
4. William Ballard will endeavor to provide an objective, but not necessarily favorable, Review; however, each Review is subjective. No second reviews or refunds will be granted, regardless of the content or nature of the Review. William Ballard specifically disclaims all warranties, express or implied, including, but not limited to, warranties against non-infringement, and implied warranties of merchantability and fitness for a particular purpose. Client has no legal recourse, and may not threaten or commence litigation, if it does not agree with the Review or finds it objectionable. If you commence litigation, you shall be liable for any legal fees incurred by William Ballard. Revisions of the Review will be considered only if it contains factual errors. Any revisions will be made at William Ballard's discretion.
5. You represent and warrant that you are authorized to submit the Book for a Review. Client irrevocably releases William Ballard, its affiliates, partners, and shall indemnify, defend and hold them harmless from and against any and all liabilities, damages, losses, claims, costs and fees (including attorneys’ fees) related to or arising in connection with the Review and any breach of this Agreement.
6. Client may not assign this Agreement. This Agreement supersedes all prior agreements and understanding between you and William Ballard regarding the subject matter hereof. This Agreement shall be construed and interpreted according to the laws of the State of Texas without regard to its conflicts of law provisions and shall be binding upon the parties hereto, their heirs, successors, permitted assigns and representatives. Customer hereby submits to the exclusive personal jurisdiction of the federal and state courts located in Austin, TX, which shall have exclusive jurisdiction to hear and settle any and all matters involving the parties.
