Terms of Service Docsuey Platform
Last Updated: 10 August 2017
Docsuey Terms and Conditions
This agreement (the "Agreement") is a binding agreement between the individual or the entity identified in your Docsuey account ("you" or "Publisher") and each Docsuey party. The "Docsuey parties" are, individually, Geotabular Pty Ltd, and Custom Software Group. “We" or "us" means, together, the Docsuey parties and their affiliates.
This Agreement provides the terms and conditions of your participation in the Docsuey digital self-publication service (the "Service") and your distribution of digital content through the Service (all such content, "Digital Books"), and consists of:
• the terms set forth below;
• list pricing;
• all rules and policies for participating in the Service provided by the Docsuey platform at ("Service Policies");
• the Docsuey website Conditions of Use; and
Any version of this Agreement in a language other than English is provided for convenience and the English language version will control if there is any conflict. Given the importance of this Agreement, we encourage you to study it carefully.
We welcome feedback on this Agreement at E:
1 Agreement Acceptance. You accept this Agreement and agree to be bound by its terms by either (a) clicking agree or accept where you're given the option to do so or (b) by using the Service, or any part of it. If you don't accept the terms, you are not entitled to use the Service. If the Publisher is an entity, the person who accepts this Agreement for the Publisher represents and warrants that he or she is entitled to enter this Agreement as an authorized representative of Publisher and to bind Publisher to the terms of this Agreement.
2 Agreement Amendment. The Service may change over time, and the terms of this Agreement will need to change over time as well. We reserve the right to change the terms of this Agreement at any time in our sole discretion. We will give you notice of the changes by posting new terms in place of the old at with a revision date indicated at the top or by sending an email to the email address then registered for your Service account. Here are the rules for when changes will be effective and binding on you:
2.1 Changes to Agreement Terms. Changes to terms of this Agreement will be effective on the date we post them unless we otherwise provide at the time we post the changes. You are responsible for checking for updates and your continued use of the Service after we post changes will constitute your acceptance of the changes. If you do not agree to the changes, you must withdraw your Digital Books from further distribution through the Service and terminate your use of the Service.
3 Term and Termination
The term of this Agreement will begin upon your acceptance of it and will continue until it is terminated by you or by us. We are entitled to terminate this Agreement and your access to your Service account at any time. We will notify you of termination. You are entitled to terminate at any time.
4 Account Eligibility and Registration
4.1 Eligibility. You must have an active Service account to participate in the Service. You represent that you are at least 18 years old (or the age of majority where you reside, whichever is older) and that you can form a legally binding contract. A parent or guardian of a minor can open a Docsuey account and be the Publisher of the minor’s Digital Book.
4.2 Account Information; No Multiple Accounts. You must ensure that all information you provide in connection with establishingyourServiceaccount, such as your name, address, and email, is accurate when you provided it, and you must keep it up to date as long as you use the Service. You may maintain only one account at a time. If we terminate your account, you will not establish a new account. You will not use false identities or impersonate any other person or use a username or password you are not authorized to use. You authorize us, directly or through third parties, to make any inquiries we consider appropriate to verify account information you provide. You also consent to us sending you emails relating to the Service from time to time.
4.3 Account Security. You are solely responsible for safeguarding and maintaining the confidentiality of your account username and password and are responsible for all activities that occur under your account, whether or not you have authorized the activities. You may not permit any third party to use the Service through your account and will not use the account of any third party. You agree to immediately notify Custom Software Group of any unauthorized use of your username, password or account.
5 Digital Book Distribution Rights. You warrant that you have the full rights to distribute the products you upload to Docsuey.
Delivery, Acceptance, and Withdrawal.
5.1 Delivery. You must provide to us, at your own expense each Digital Book you desire to distribute through the Service. We will not return to you any electronic files or physical content or media you deliver to us in connection with the Service. You must deliver all electronic files free and clear of viruses, worms and other potentially harmful or disrupting code.
5.2 Content Requirements. You must ensure that all Digital Book content complies with our Service Policies for content at the time you submit it to us. If you discover that content you have submitted does not comply, you must immediately withdraw the content by un-publishing it or by re-publishing content that complies with the Service procedures for Digital Book withdrawal or re-publishing. The cover art of your ebook must comply with our Service Policies, if it does not, we reserve the right to remove it from the service until such time as it does comply.
5.3 Product Withdrawal. You may withdraw your Digital Books or other publications from further sale in the Service at any time.
6. Marketing and Promotion. All marketing of your digital publications is your responsibility and effort. We do not get involved in how, when or where you choose to market your digital products.
7. Optional Services and Services. We may make available to you optional Services and services through Docsuey or Custom Software Group. Terms and conditions for those optional Services and services are included at the end of this Agreement. Those terms and conditions are part of this Agreement.
8. Providing Your List Price. The list price you provide to us is referred to in this Agreement as your "List Price." This is the value that you want to receive from the sale of your publication. We advise you to consider the cost of any taxes that you are required to pay and would suggest that you add those taxes to your List Price. For example, if you wish to earn $50 from your publication, and you have to pay a tax rate of 10%, then you should set your list price as $50 + 10% = $55
You can set your list price to any value you deem appropriate.
8.1 Minimum List Price. The minimum list price you can sell an individual item for is AU$5.00. The maximum price you can list an item will depend on your Strip Account. We ask you to refer to Stripe to determine your maximum transaction permitted under your account. Some accounts may differ so we ask you to check your own Stripe account to know what your maximum List price can be.
9. Currency Conversion. Docsuey is integrated with Stripe Payment Gateway. For information on currency conversion, see your Stripe account for more details.
10. Commissions and Payments.
10.1 Service Fee. Each Digital Publication sold to a customer through the Service attracts a 10% service + GST (current rate is 10%) at the current rate. Our service fee is added to the List price at the time of upload. Once you set your list price, our applicable fees are automatically added to your List Price.
Service fee example: If your List price is $50, the published price will be $50 + 10% service fee + GST. Docsuey automatically calculates this as follows: 50 x 0.10 = $5 \ 11 = 0.45 cents GST and would list your book for $55.45
Total List Price = $55.45 Therefore $5.45 is the commission we collect and the deposit to your account is $50.
10.2 When you receive funds. All Digital product sales will be paid into your Stripe account which may take up to seven days following the original transaction. Through your Docsuey Account Console, we will make available to you an online report detailing sales of your products and corresponding fees. Find out more about when Stripe process funds by checking in your Stripe terms and conditions.
When you use Docsuey, you are using the service to collect payments from buyers through the integrated payment gateway. For this reason, Docsuey nor its parties have any means to interfere with the money you receive. When you sell items, Docsuey links the buyer to your bank account enabling them to make credit card payments on your behalf. If you have any problems with the transfer of money into or out of your account, you will need to contact the payment gateway direct to allow them to sort out the problem as we do not have any access to your Stripe account.
10.3 Taxes. Docsuey parties are responsible for paying all taxes applicable from sales of service. You are responsible for any income or other taxes due and payable resulting from payments to you from Docsuey Service under this Agreement. Accordingly, unless otherwise stated, the amounts due to you hereunder are inclusive of any taxes that may apply to such payments.
11 Copyrights. By entering into this agreement and Terms of Service with Docsuey and its parties, You must have the legal right to publish and sell the publication or other digital media that you upload to Docsuey. Docsuey and its parties have no liability in relation to any legal proceeding which may be brought against your in the case of publishing media which is not of your own work. When you upload anything to docsuey you will be asked to confirm that it is your own work and you have the legal right to distribute the work. Docsuey is merely a carrier service an as such is not responsible for the content you upload. We stipulate that we do not allow any pirated materials to be uploaded to Docsuey. If we are made aware of illegally obtained files or copies of work belonging to others, it will be removed from the Docsuey platform. We may revoke your access to the site if you are found to be in breach of copyright laws.
12 Ownership. You retain all rights to any work that you upload to the Docsuey service.
13 Limitation of Liability. THE Docsuey Service IS PROVIDED "AS IS." WE WILL IN NO EVENT BE LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR RELIANCE DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT, OR FOR ANY EQUITABLE REMEDY OF DISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. IN NO EVENT WILL OUR LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES DUE AND PAYABLE BY DOCSUEY UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING THE CLAIM. WE SPECIFICALLY DISCLAIM, WITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT OR PRODUCTS PROVIDED BY OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PUBLISHER ACKNOWLEDGES AND AGREES THAT DOCSUEY OR ITS PARTIES CANNOT ENSURE THAT DIGITAL BOOKS SUBMITTED BY OR ON BEHALF OF PUBLISHER WILL BE PROTECTED FROM THEFT OR MISUSE OR THAT CUSTOMERS WILL COMPLY WITH ANY CONTENT USAGE RULES DOCSUEY MAY MAKE APPLICABLE IN CONNECTION WITH USE OF DIGITAL BOOKS, AND DOCSUEY WILL HAVE NO LIABILITY ARISING FROM A FAILURE OF ANY SECURITY SYSTEM OR PROCEDURE OR OF ANY CUSTOMER TO COMPLY WITH ANY CONTENT USAGE RULES. DOCSUEY RELIES ON COMPLEX SYSTEMS AND PROCESSES. WE STRIVE TO MAKE OUR SYSTEMS AND PROCESSES ERROR-FREE AND EFFICIENT, BUT WE CANNOT GUARANTEE THAT THEY WILL BE, AND WE WILL HAVE NO LIABILITY ARISING FROM SYSTEM OR PROCESS FAILURES, INTERRUPTIONS, INACCURACIES, ERRORS OR LATENCIES.
14 Force Majeure. Docsuey or its parties will not be liable to you for any failure or delay in the performance of its obligations under this Agreement caused by any event or circumstance beyond its control, including, but not limited to, denial-of-service attacks, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, and labor conditions.
15 General Legal Provisions.
15.1 Applicable Law. the Australian Copyright Act 1968 , is applicable Australian national law without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Docsuey relating to this Agreement or the Service.
15.2 Other Legal provisions. This Agreement may not be amended, except in writing signed by both parties or as provided in Section 2 above. If any provision of this Agreement is held invalid by a court or other tribunal with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect. The parties to this Agreement are independent contractors. Each party will bear its own costs and expenses in performing this Agreement. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of the party's rights to subsequently enforce the provision. Any Docsuey affiliate may join as a party to this Agreement and will notify you if it does. The joining Docsuey affiliate will be entitled to exercise the rights you grant under this Agreement. Each Docsuey party is severally liable for its own obligations under this Agreement and is not jointly liable for the obligations of other Docsuey parties. Neither party may assign any of its rights or obligations under this Agreement, whether by operation of law or otherwise, without the prior written consent of the other, except that (a) Docsuey may assign any of its rights and obligations under this Agreement without consent and (b) you may assign all of your rights and obligations under this Agreement to any corporation or other entity without consent in connection with the sale of all or substantially all of your assets, but you must give Docsuey written notice of the assignment no later than ten (10) business days following the assignment. Subject to the foregoing limitation, this Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. This Agreement constitutes the entire agreement between the parties with respect to its subject matter, supersedes any and all prior or contemporaneous agreements between the parties with respect to its subject matter, and does not confer upon any other person other than the parties any rights or remedies. By using the Docsuey Service you are demonstrating that you consent to this Agreement and with any notices we give you in relation to this Agreement.
To be effective, any notice given by a party under this Agreement must be in writing and delivered (i) if by an Docsuey party, via email, via a posting on the Service website or via a message through your Service account, or (ii) if by you to Custom Software Group, via email to Notices will be effective and deemed received on the date transmitted or posted.
16. eBook & other digital products eligibility. We reserve the right to determine the types of Digital Products and eBooks that we accept on Docsuey. We can choose not to accept your Digital Book or product and remove it from Docsuey at any time at our discretion. You will be notified if this occurs.
17. Unacceptable Content. We reserve the right to decide the type of content we want to be associated with Docsuey. We will not accept material which is pornographic in nature. We will not accept material that promotes violence, racism, hatred, sexism, promotion of abuse in any form or anything of which violates human rights and dignity.