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My Expert Book Terms & Services
1. Scope and Definitions
1.1. These Terms and Conditions govern the business relationship between My Expert Book LLC, 3833 Powerline Road, Suite 101, Fort Lauderdale, Florida 33309 (hereinafter referred to as "PROVIDER") and the recipient of the services (hereinafter referred to as "CLIENT," collectively referred to as the "PARTIES"), particularly concerning contracts for services and coaching in the fields of authorship, publishing, marketing services, masterminds and manuscript creation (hereinafter referred to as "Services").
1.2. The PROVIDER's offerings are exclusively directed at businesses, not consumers.
1.3. Any conflicting, deviating, or supplementary General Terms and Conditions of the CLIENT shall not become part of the contract unless expressly agreed to by the PROVIDER. These Terms and Conditions shall apply even if the PROVIDER performs services unconditionally in the knowledge of conflicting or deviating terms from the CLIENT.
1.4. The version of these Terms and Conditions in effect at the time the Services are used shall be applicable.
2. Services
2.1. The PROVIDER specializes in authorship and book development. In this area, the PROVIDER also offers coaching services. The specific scope of services is determined by individual agreement between the PROVIDER and the CLIENT.
2.2. The PARTIES agree that, unless explicitly stated otherwise, the PROVIDER does not owe the CLIENT any specific quantitative and/or economic success (such as a specific number of book sales or a specific market effect from publishing the book).
2.3. The PROVIDER is entitled to engage third parties, particularly subcontractors, to fulfill individual or all contractual obligations.
2.4. The PROVIDER reserves the right to perform all appointments digitally (e.g., via Zoom, Teams, Skype, TeamViewer, or similar) unless the nature of the service provision explicitly requires physical presence.
2.5 Marketing Services
2.5.1. In addition to authorship and book development, the PROVIDER offers marketing services aimed at promoting the CLIENT's book or other products. These services may include, but are not limited to, digital marketing, social media advertising, search engine optimization, and email marketing.
2.5.2. The specific marketing services to be provided will be detailed in a separate agreement or addendum to this contract, which will outline the scope, duration, and cost of such services.
2.5.3. The CLIENT acknowledges that while the PROVIDER will make every effort to achieve successful outcomes, the PROVIDER does not guarantee any specific results or ROI from the marketing services provided.
2.5.4. The CLIENT is responsible for providing all necessary materials and information required for the marketing services, including but not limited to, logos, images, and product details.
2.5.5. The PROVIDER is entitled to subcontract any or all of the marketing services to a third party, provided that the quality of the service remains consistent with the terms of this agreement.
2.5.6. Any data or metrics provided by the PROVIDER related to the marketing services are for informational purposes only and should not be solely relied upon for making business decisions.
3. Conclusion of Contract
3.1. The presentation of Services on the website, in social networks, or in advertisements does not constitute a binding offer from the PROVIDER. The CLIENT is merely invited to make an offer.
3.2. The contract between the PROVIDER and the CLIENT can be concluded orally (especially via video or video chat and/or telephone), in text form (e.g., via email), or in writing.
3.3. In the case of orally concluded contracts, the CLIENT consents to the PROVIDER recording the telephone call and/or video conference for evidence and documentation purposes.
4. Compensation
4.1. The compensation applicable at the time of contract conclusion as per the offer shall apply for the Services. All prices are exclusive of sales tax.
4.2. Unless otherwise agreed, the CLIENT is obligated to make advance payment. The agreed-upon compensation is due immediately upon invoicing and payable within 7 days.
4.3. If the CLIENT fails to perform a necessary act of cooperation, thereby preventing the PROVIDER from performing the Services, the PROVIDER's claim to compensation remains unaffected.
4.4. The CLIENT may only exercise a right of set-off or retention with legally established or undisputed claims.
5. Default
5.1. If the CLIENT is in default of due payments, the PROVIDER reserves the right to withhold further Services until the due payments are settled.
5.2. The PROVIDER is entitled to terminate the contract for good cause and to cease all Services. Good cause exists, in particular, if the CLIENT is in default with at least two due installments. In this case, the PROVIDER is entitled to claim the entire compensation due until the next regular termination date as damages. The PROVIDER must offset any expenses saved or earnings generated elsewhere.
6. Other Obligations of the PARTIES for the Provision of the Agreed Services
6.1. The CLIENT ensures that the PROVIDER has all the necessary information at all times to achieve the best possible service result. If the PROVIDER is prevented from providing the agreed Services and the reasons for the hindrance originate from the CLIENT's sphere, the PROVIDER's claim to compensation remains unaffected.
6.2. The CLIENT is responsible for all content (texts, images, etc.) provided to the PROVIDER and must ensure that the content does not infringe on third-party rights or violate applicable law (especially copyright, competition, trademark, criminal, youth protection, data protection law, or similar). The PROVIDER is not obligated to review the content.
7. Acceptance
7.1. If the individually agreed Service falls under contract law, the following regulations apply in this regard.
7.2. The PROVIDER may demand acceptance from the CLIENT after completing a partial service.
7.3. The (partial) Services to be accepted by the CLIENT are considered accepted if the CLIENT does not declare acceptance within 7 working days after being requested to do so by the PROVIDER.
8. Contract Duration
8.1. The contract is concluded for the duration agreed upon in the individual contractual agreement (initial term). Early ordinary termination is excluded.
8.2. The contract term extends by the agreed initial term, unless explicitly agreed otherwise, if it is not terminated by either party four weeks before the expiration of the initial term or the respective contract extension.
8.3. Unless otherwise agreed in writing with the client, the contract term for the agreed service shall be extended for an indefinite period unless one of the contracting parties terminates the contract in writing at least 4 weeks before expiry. After expiry of the agreed term for the respective package, the client shall become a member of the "Expert Book Club", unless the contract has been duly terminated. This membership can be terminated by the Client with a 4-week notice period before the end of any calendar month. The mutually agreed upon date for the commencement of the service is:
8.4. The right to extraordinary termination for good cause remains unaffected.
9. Payment Terms
9.1. Payment can be made by direct debit, invoice, or advance payment.
9.2. The CLIENT undertakes to grant the PROVIDER a (SEPA) direct debit authorization immediately after the conclusion of the contract, but no later than within 7 days after the conclusion of the contract. The PROVIDER is not responsible for overdraft fees, overdraft costs, or similar fees charged by the bank or credit card company.
10. Liability for Damages
10.1. The PROVIDER is liable, regardless of the legal reason, only in accordance with the following provisions within the framework of legal regulations.
10.2. The PROVIDER is fully liable for damages resulting from injury to life, body, or health based on intent or negligence by the PROVIDER or one of its legal representatives or vicarious agents. In addition, the PROVIDER is liable for damages based on intent or gross negligence by the PROVIDER or one of its legal representatives or vicarious agents, as well as for damages due to non-compliance with a guarantee given by the PROVIDER or due to fraudulently concealed defects.
10.3. The PROVIDER is liable, limited to compensation for foreseeable, typically occurring damages, for such damages based on a slightly negligent violation of essential contractual obligations by him or one of his legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely.
11. Data Protection, Confidentiality
11.1. The CLIENT is advised that the PROVIDER collects, processes, and uses personal inventory and usage data in machine-readable form within the scope of the purpose of the contractual relationship. All personal data will be treated confidentially.
11.2. The PARTIES commit to treating all non-public or non-accessible information or documents from the other party that become known to them during the execution of the contract as confidential. This confidentiality obligation also applies to the respective order and its content and continues even after the termination of the contractual relationship.
12. Copyright
12.1. The CLIENT grants the PROVIDER the right to use all of the CLIENT's trademarks, logos, names, or other business identifiers unrestrictedly within the scope of the Services to be provided. Any deviations from this require a separate agreement.
12.2. All content provided in the course of fulfilling the contract is protected by copyright.
12.3. The PROVIDER grants the CLIENT an unrestricted, worldwide, exclusive right of use for all conceivable types of use for the content created or provided during the execution of the contract. This also includes future types of use that were not known at the time the contract was concluded.
12.4. The transfer of rights is subject to the suspensive condition that the CLIENT has fulfilled all payment obligations to the PROVIDER .
12.5. If a transfer of usage and exploitation rights has taken place in accordance with the previous regulations, the PROVIDER waives the assertion of his inalienable copyright personality rights. The PROVIDER particularly waives being named as the author of the work subject to the contract. The PROVIDER shall be credited as the publisher within the book. This acknowledgment shall appear in a manner and location within the book as deemed appropriate by the PROVIDER.
12.6. The CLIENT indemnifies the PROVIDER from any third-party claims due to infringement of intellectual property and/or the use of terms, pages, or content that are unlawful and/or burdened with third-party rights.
13. Cancellation and Termination Policy
13.1. The PROVIDER primarily engages in contracts with businesses, not consumers. As such, there is no statutory "cooling-off period" or right of withdrawal unless explicitly stated in the individual contractual agreement between the PROVIDER and the CLIENT.
13.2. Any cancellation or termination of services must be conducted in accordance with the terms specified in the individual contractual agreement. Failure to adhere to these terms may result in penalties as outlined in the agreement.
13.3. The PROVIDER reserves the right to terminate any agreement for cause, as defined in the individual contractual agreement, and in accordance with applicable U.S. laws and regulations.
14. Intellectual Property Rights
14.1. The PROVIDER retains the rights to all created works, including books produced under this Agreement. However, recognizing the importance of CLIENT satisfaction and involvement, the PROVIDER assures a collaborative process in which the CLIENT's vision is paramount. The CLIENT agrees that the book will be published under "Experts Publisher", and includes a designated acknowledgment in the book, named with the Experts Publisher, website (www.experts-publisher.com), logo in appropriate size, and acknowledgement in the footer of the book landing page if the PROVIDER also manages and creates the landing page(s) for the book.
14.2. The CLIENT grants the PROVIDER unrestricted permission to use the completed book or CLIENT’s name as a testimonial in marketing and promotional activities, without limitation.
15. General Provisions
15.1. The place of fulfillment and exclusive jurisdiction for disputes with merchants, legal entities under public law, or special funds under public law from contracts is Miami, FL.
15.2. All disputes are subject exclusively to the law of the United States, excluding all provisions of collision law that refer to another legal system.
15.3. Any additional or alternative provisions agreed upon in writing by the PARTIES will be considered part of the agreement from the time they are signed.
15.4. The ineffectiveness of one or more provisions of these General Terms and Conditions does not affect the effectiveness of the remaining provisions. In place of the ineffective clauses, what is agreed upon is what comes closest to the economically intended in a legally permissible manner. This also applies to the supplementary interpretation of the contract.
15.5. The PROVIDER reserves the right to change these General Terms and Conditions at any time, unless the change is unreasonable for the CLIENT. The PROVIDER will notify the CLIENT in due time. If the CLIENT does not object to the new General Terms and Conditions within a period of two weeks after notification, the amended General Terms and Conditions are considered accepted by the CLIENT.
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