Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website, payment pages, services, products, and related web links operated by 9th Colony Literary ("9th Colony Literary," "we," "us," or "our").

By accessing our website, using our services, or purchasing any service through our website or payment links, you agree to be bound by these Terms. These Terms apply to all website visitors, Authors, customers, clients, content contributors, and other users of our services.

Please read these Terms carefully before accessing or using our website or purchasing our services. If you do not agree with these Terms, you should not use our website or purchase our services.

These Terms may be updated from time to time. Any updated version will be made available on this page. Your continued use of the website or services after an updated version is posted constitutes acceptance of the revised Terms, to the extent permitted by applicable law.

Section 1 – Online Website Usage

By agreeing to these Terms, you confirm that you are legally capable of entering into a binding agreement under the laws applicable to you.

You agree to use our website, payment pages, and services only for lawful purposes.

You must not use our website or services to:

  1. Engage in illegal activities;

  2. Violate applicable laws or regulations;

  3. Infringe copyrights, trademarks, or other intellectual property rights;

  4. Introduce viruses, malware, or other harmful code;

  5. Attempt to gain unauthorized access to our website, systems, or accounts; or

  6. Interfere with the security or operation of our website or services.

Section 2 – Service Conditions

9th Colony Literary reserves the right to refuse or decline service where reasonably necessary, including where a requested service would violate applicable law, third-party rights, our policies, or our ability to provide the service professionally.

Payment information submitted through our authorized payment processor is handled through the applicable payment-processing platform and is subject to its security and privacy practices.

You agree not to reproduce, copy, modify, distribute, resell, or misuse any portion of our website, services, materials, branding, or content without our prior written permission, except where permitted by law.

Headings used in these Terms are provided for convenience and do not limit or otherwise affect the interpretation of any provision.

Section 3 – Information Reliability

We make reasonable efforts to ensure that information published on our website is accurate and current.

However, we do not guarantee that all information will always be complete, accurate, current, or error-free.

Website content is provided for general informational purposes and should not be treated as a guarantee of a particular publishing, marketing, distribution, sales, media, or commercial outcome.

We may modify, correct, update, or remove website content from time to time.

Section 4 – Service and Price Changes

Prices, service packages, availability, and descriptions may be changed from time to time.

We reserve the right to modify, suspend, or discontinue any service or portion of our website, subject to applicable contractual obligations.

Changes to pricing or services will not affect an order or Service Agreement that has already been accepted, except where permitted by the applicable agreement or law.

Section 5 – Service Specifications

Our publishing and professional services may include, depending on the package purchased:

  • Publishing consultation

  • Editorial services

  • Book formatting

  • Cover design

  • ISBN-related services

  • Metadata preparation

  • Distribution assistance

  • Author branding

  • Website services

  • Marketing services

  • Publicity and media services

  • Promotional materials

  • Book trailers

  • Interview or promotional scheduling

  • Other customized publishing-related services

Specific services provided to an Author will be determined by the applicable Service Agreement, proposal, invoice, or package purchased.

Service descriptions, prices, timelines, and deliverables may vary by project.

We will make reasonable efforts to provide the services described in the applicable agreement; however, we do not guarantee a specific number of book sales, royalties, reviews, media appearances, rankings, audience size, or commercial success unless expressly stated in a written agreement.

Section 6 – Orders, Payments, and Account Details

We reserve the right to decline or cancel an order where reasonably necessary, including in circumstances involving suspected fraud, unauthorized transactions, incorrect information, service incompatibility, or violation of these Terms.

You agree to provide accurate and complete information when purchasing our services.

You are responsible for ensuring that your billing, payment, email, contact, and project information remains accurate and current.

Payments may be processed through third-party payment processors, including Stripe or other authorized payment providers.

Your use of a third-party payment processor may also be subject to that provider's terms and policies.

For refund and cancellation information, please refer to our Refund Policy, which forms part of these Terms and the applicable Service Agreement.

Section 7 – Third-Party Tools and Services

We may provide access to tools, platforms, software, distribution services, payment processors, hosting providers, or other services operated by third parties.

Third-party services may be subject to their own terms, conditions, policies, and fees.

We do not control every aspect of third-party services and are not responsible for changes, interruptions, failures, or limitations caused by third-party providers, except where liability cannot legally be excluded.

Where third-party services are necessary to deliver an agreed service, we may use reasonable efforts to coordinate with those providers.

Section 8 – Third-Party Links and Services

Our website may contain links to third-party websites, platforms, publishers, distributors, retailers, media organizations, or other external services.

These third-party websites are not necessarily owned or controlled by 9th Colony Literary.

We do not guarantee the accuracy, availability, security, or content of third-party websites.

Your use of third-party websites is subject to the terms and policies of those third parties.

Where an Author purchases or uses a third-party product or service independently, the Author should review the applicable third-party terms before proceeding.

Section 9 – Author Contributions and Feedback

If you provide manuscripts, photographs, biographies, artwork, marketing materials, written content, feedback, ideas, concepts, or other materials to us for the purpose of providing services, you represent that you have the necessary rights and permissions to provide those materials.

You retain ownership of your original intellectual property unless otherwise agreed in writing.

You authorize 9th Colony Literary to use, reproduce, edit, format, modify, publish, distribute, display, or otherwise process materials you provide to us only as reasonably necessary to provide the contracted services or as otherwise authorized by you or agreed in writing.

You are responsible for ensuring that materials you provide do not infringe the rights of another person or entity and do not contain unlawful, defamatory, fraudulent, or malicious content.

We may refuse to use or remove content that we reasonably believe violates applicable law, third-party rights, or our policies.

Section 10 – Personal Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy.

By using our website or purchasing our services, you acknowledge that certain information may be collected and processed as necessary to operate the website, process payments, communicate with you, provide services, maintain records, and comply with applicable legal obligations.

We may use third-party service providers for payment processing, website hosting, analytics, communications, scheduling, marketing, distribution, and other business functions.

Section 11 – Accuracy of Website and Payment Information

From time to time, our website, payment pages, service descriptions, invoices, or other materials may contain typographical errors, inaccuracies, omissions, or outdated information relating to services, prices, availability, or other details.

We reserve the right to correct such errors and update information when reasonably necessary.

Where an error materially affects an order before acceptance, we may contact the customer to clarify the information or provide available options.

Nothing in this section limits rights that cannot legally be excluded or restricted.

Section 12 – Restrictions on Use

You agree not to:

  1. Engage in illegal activities;

  2. Encourage or facilitate unlawful conduct;

  3. Violate applicable local, national, or international laws;

  4. Infringe intellectual property rights;

  5. Harass, threaten, defame, abuse, or discriminate against others;

  6. Provide false or misleading information;

  7. Upload malicious software or harmful code;

  8. Illegally collect or misuse another person's personal information;

  9. Conduct unauthorized promotional activity, hacking, scraping, or data mining;

  10. Use our website or services for fraudulent or unlawful purposes;

  11. Attempt to bypass security features; or

  12. Interfere with the operation or security of our website, payment systems, or services.

A violation of these restrictions may result in suspension or termination of access to our website or services, subject to applicable law and contractual obligations.

Section 13 – Service Guarantees and Liability Limitations

9th Colony Literary will provide contracted services with reasonable care and professionalism.

However, we do not guarantee that our website or services will always be uninterrupted, error-free, secure, or available at all times.

Publishing, marketing, distribution, publicity, media, and promotional services may involve third-party platforms and market conditions outside our control.

Unless expressly guaranteed in writing, we do not guarantee:

  • A specific number of book sales;

  • A specific level of royalties;

  • Bestseller status;

  • Specific rankings;

  • Media coverage;

  • Reviews;

  • Interview opportunities;

  • Audience growth;

  • Marketing results; or

  • Commercial success.

To the maximum extent permitted by applicable law, 9th Colony Literary shall not be liable for indirect, incidental, special, consequential, or unforeseeable losses arising from use of our website or services.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

Section 14 – Protecting Our Interests

You agree to be responsible for losses, claims, liabilities, reasonable costs, or expenses arising from your material breach of these Terms, your Service Agreement, applicable law, or the rights of a third party.

This provision does not apply to the extent that a claim or loss results from our own negligence, unlawful conduct, or liability that cannot legally be transferred to you.

Section 15 – Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision shall be interpreted or limited to the minimum extent necessary to make it enforceable, where permitted.

If it cannot be made enforceable, the affected provision will be severed from these Terms without affecting the validity of the remaining provisions.

The remaining provisions will continue in full force and effect.

Section 16 – Ending the Agreement

You may stop using our website at any time.

Termination of website use does not automatically terminate an existing Service Agreement or cancel payment obligations that have already arisen.

Either party may terminate a Service Agreement where permitted by the applicable agreement or law.

If an agreement is terminated, obligations and liabilities that arose before termination may continue to apply.

9th Colony Literary may suspend or terminate access to its website or services where reasonably necessary because of a material breach of these Terms, fraud, unlawful conduct, or other circumstances permitted by law.

Section 17 – Entire Agreement and Waiver

These Terms, together with the applicable Service Agreement, Refund Policy, Privacy Policy, invoices, proposals, and other written terms expressly incorporated into the agreement, constitute the understanding between you and 9th Colony Literary concerning the applicable services.

Where a specific Service Agreement conflicts with these general Terms, the specific Service Agreement will control to the extent of the conflict.

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision later.

Section 18 – Applicable Law

These Terms and any separate Service Agreement for our services shall be interpreted in accordance with the laws applicable to the agreement, subject to any mandatory consumer-protection or other legal rights that apply to the Author or customer.

Where the applicable Service Agreement expressly identifies the governing law and jurisdiction, that provision will apply to the extent legally enforceable.

Nothing in these Terms is intended to deprive a consumer of mandatory legal protections available in their jurisdiction.

Section 19 – Changes to These Terms

9th Colony Literary may update or modify these Terms from time to time.

The latest version will be made available on our website.

We encourage users and Authors to review these Terms periodically.

Where an update materially affects an existing contractual relationship, the updated Terms will apply only to the extent permitted by the applicable agreement and law.

Your continued use of the website after updated Terms are posted constitutes acceptance of the revised Terms to the extent permitted by applicable law.