White Labeling Terms & Conditions
Section 1-23 – General Terms and Conditions
Section 24 – White Labeling
GENERAL OVERVIEW
This website is operated by Bookvertiser. Throughout the site, the terms “we,” “us” and “our” refer to Bookvertiser. Bookvertiser offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE PURCHASE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
a. We reserve the right to refuse service to anyone for any reason at any time.
b. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
c. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
d. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
a. We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
b. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
a. Prices for our products are subject to change without notice. Prices paid will remain the value of the service once purchased and cannot be lowered.
b. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
c. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
a. Products or services are available exclusively online through the website. These products or services are custom-built to order.
b. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
c. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
a. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
b. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
a. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
b. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
c. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
d. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
a. Certain content, products, and services available via our Service may include materials from third parties.
b. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
c. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or resulting content hosted by third parties should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
a. If, at our request, you send certain specific submissions without a request from us such as creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
b. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
c. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
a. Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
b. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
c. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
a. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
a. We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
b. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
c. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
d. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
e. In no case shall Bookvertiser, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
a. You agree to indemnify, defend and hold harmless Bookvertiser and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
a. In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
a. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
b. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
c. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
a. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
b. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
c. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
a. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the European Union and the territory in which you yourself reside and execute business.
SECTION 19 – CHANGES TO TERMS OF SERVICE
a. You can review the most current version of the Terms of Service at any time on this page.
b. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
a. Questions about the Terms of Service should be sent to us at support@bookvertiser.com.
SECTION 21 – DELIVERY POLICY
a. Promo packages are completed in between 1 day and 7 weeks. This does not include resulting material, such as reviews from members of the public, as we have no control over the outcome of your promotion and cannot control the resulting copy as we do not have direct contact with reviewers. We cannot guarantee you will only receive positive reviews, as all reviews are written by members of the public as a result of your promotion.
b. If you do not reach the number of reviews as advertised, we will run a further promotion until we reach the minimum number of reviews/sales shown on your order.
c. We cannot guarantee Amazon Best Seller Ranking as it is against Amazon’s Terms of Service.
Section 22 – REFUND POLICY
a. Any request for a refund should be given in writing, politely, via an email explaining clearly what has not been delivered as expected.
b. Generally, we do not issue refunds for any reason once the promotion has been started. This includes the promotion preparation, which is started within 24 hours of the order. This is because this is a customized, bespoke service, which does not give the buyer any consumer rights. This means that any refund will be given only in goodwill if a refund is found to be in order.
c. We reserve the right to issue an immediate refund for any reason at our discretion before a promotion starts.
d. We will issue a full and immediate refund in the case of a mistaken duplicate order.
Refunds (if applicable)
e. We will send you an email to notify you of the approval or rejection of your refund, and the reason for this. If you are approved, then your refund will be processed, and a credit will automatically be applied to your original method of payment, within 30 days.
Late or missing refunds (if applicable)
f. If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next, contact your bank for advice. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at support@bookvertiser.com.
Section 23 – FORCE MAJEURE
Notwithstanding anything to the contrary contained herein, neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, pandemics, epidemics, government lockdowns, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder.
Section 24 – WHITE LABELING
OVERVIEW
White Labeling is defined as offering our products or services as if they are your own business’s products or services at your own prices.
a. White labeling Bookvertiser products and services must be strictly and exclusively with approval via our White Labeling program.
b. White-labeled Bookvertiser products and services must be strictly and exclusively offered on approved websites only.
c. White labeled Bookvertiser products and services must be strictly and exclusively offered without mention of Bookvertiser whatsoever.
d. You understand that being accepted to white-label Bookvertiser products and services does not form any partnership of business with Bookvertiser of any kind and you cannot refer to any kind of partnership or business relationship as such.
e. You understand and agree that offering white-labeled Bookvertiser products and services does not entitle you to any rights or advantages whatsoever enjoyed by Bookvertiser or its entities and partners.
f. You understand and agree that offering white-labeled Bookvertiser products and services does not give your own customers rights or advantages enjoyed by Bookvertiser clients.
g. You understand and agree that offering white-labeled Bookvertiser products and services means that you, as the approved business entity, are the client or customer of Bookvertiser, and that your own clients have no recourse to refunds or complaints directly to Bookvertiser but only to your own business entity.
h. You understand and agree that you are solely responsible for handling client orders and customer service for any Bookvertiser product or service bought at your approved website as a white-labeled product.
i. You understand and agree that you are solely responsible for the delivery of any Bookvertiser product or service when it is part of another product or service, and if the client requests a refund for non-delivery or dissatisfaction that you will be entirely and solely responsible for the refund and cannot request a refund from Bookvertiser on behalf of that client if Bookvertiser has fully delivered the white-labeled product or service as per these Terms and Conditions.
j. Bookvertiser will deliver and track all orders for your clients as if they are Bookvertiser clients, and provide you with data and updates accordingly. These will be the following:
- Date of the promotion
- Screenshot of the moment of the category Best Seller Ranking, if applicable
- Categories or keywords recommended for the promotion, if applicable
- Numbers of reviews tracked from our promotion, on request
- How long it will be before the order is completed, if the expected time period has passed
i. You will need to be in charge of the following for your clients:
- Price change notifications, if applicable
k. Bookvertiser will provide a refund to white-labeled orders under the following circumstances:
i. Duplicate payment for the same order in error
ii. Order cannot be processed for reasons out of our control
These might include:
- The book has been removed by Amazon before the promotion has occurred
- There is no eBook available for promotion on KDP Amazon.com
- The book contains content that is against Amazon KDP Terms
- The author has ordered too many promotions for the same book in a short space of time
- The author cannot or will not change the price of the book
l. You agree and understand that if you should change your business entity name, website, owner, or current product list you will reapply for Bookvertiser white labeling.
m. You agree and understand that if you should fail to comply with any of the Terms and Conditions from Section 1 – 23 on this page, you may be requested to remove all Bookvertiser products or services from your website.
n. You agree and understand that if you should fail to comply with any of the Terms and Conditions from Section 1 – 23 on this page, we will with immediate effect cease to deliver any or all current orders you may have placed with us, regardless of whether we have received the payment.
o. You agree and understand that if you should misrepresent our products or services in any way, we will with immediate effect cease to deliver any or all current orders you may have placed with us, regardless of whether we have received the payment. These include:
i. Giving any guarantees we do not offer on our products, such as guaranteeing review numbers, positive reviews, sales, or ranking
ii. Giving unrealistic timelines we do not offer on our products
iii. Wording advertising or product information in any way that could manipulate customers, such as inflating review numbers, sales, review numbers, or any other specification we do not offer
p. You must agree to use the product specifications we provide, and only these specifications, to describe any Bookvertiser product or service when you white label them.
q. You must agree to act according to our client advice, as you are a client of Bookvertiser. This means that you must adhere to estimated deliveries, minimum review numbers, and sales figures as given in our specifications, and you must pass this information to your client in an orderly and timely manner. Bookvertiser cannot be responsible for your client’s lack of information and it is solely your responsibility to act for your client in time for each promotion. These actions are as follows:
i. Immediate acknowledgment of the client’s order in writing, if applicable
ii. Immediate order on our website (within 36 hours of the client’s order). Bookvertiser cannot be responsible for any delay in your ordering times
iii. Inform the client in writing of their estimated delivery date, and ensure they understand this is an estimate
iv. Advise them in writing at least a week before their estimated promotion date that they have to change their price to between .99 cents and $2.99 (or request a supplement for books up to $4.99)
v. Advise the client of category changes or keyword changes, if necessary, with at least 48 hours notice. This will require a swift response and transactional emails
vi. Advise the client of any delay, problem, or missed dates, and communicate with Bookvertiser any of the same from your business. We will do our best to accommodate your client’s needs, but any promotion date missed because of you or your client’s inaction will not be our responsibility, and your promotion date will be changed to the next available date in line. We cannot give special treatment to any client. All clients are treated equally.
vii. You must never copy in your client, nor forward an email to us from them, nor forward an email from us to them, nor suggest we speak to your client for you, or that they speak to us, nor quote us or copy parts of our email into any email you send to them. We are your supplier, and you are our client. We will not communicate with your client on your behalf. You must write your own emails without using any of our text.
r. You must provide your own graphics and artwork for all white-labeled Bookvertiser products or services.
s. You are not permitted to run unethical promotions at the same time as any white-labeled Bookvertiser product, including, but not only: fake reviews, paid reviews, reviews in exchange for other author reviews, nor fake/bot sales, or any other service that is not allowed on Amazon KDP. You must read the Terms of Amazon KDP and adhere to them during the time you white-label our products and services.
t. If your client should order direct from Bookvertiser and your business entity at the same time, these orders will be treated by us as two separate orders as if we have no connection whatsoever, although they may result in being run in the same time period, depending on purchase dates. If for any reason we cannot fill both orders, for instance if they are repeat orders requiring a high number of reviews or sales, we will treat the orders in sequential order, i.e. when they were ordered with Bookvertiser, and act accordingly. No special treatment will be given to the Bookvertiser order over the white-labeled order.
u. We reserve the right to change our pricing. White-labeled business entities will be given 2 weeks’ notice on any price changes. We will charge VAT to any business entity based in the EU, unless you can provide a VAT tax number. We are based in Spain and can provide a tax number on request. We will not charge any VAT to other territories.
v. All white label orders must be placed through your order form on our website only and paid for in full upfront via PayPal with either a PayPal account, credit or debit card, or PayPal Credit. We do not accept cheques, payment on invoice, or BACS.
v. Bookvertiser will adhere to all Terms and Conditions from Section 1 – 23 and Section 24 – White Labeling absolutely and unconditionally for white-labeled Bookvertiser products or services.
w. You understand and agree to all Terms and Conditions from Section 1 – 23 and Section 24 – White Labeling absolutely and unconditionally when you white-label Bookvertiser products or services.