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Address: 1663 S Liberty Drive, Bloomington, Indiana, United States, 47403-5161
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Dear Revdex.com,
Thank you for the opportunity to provide further explanation of Mr. [redacted]’s ebook royalties and our sales and tax reporting.
In order to address specific issues raised in Mr. [redacted]’s letter we have isolated the following issues in BOLD and UNDERLINE:
In April 2015, again...
while doing my taxes I noticed four issues with the way Authorhouse conducts business. First, they do not send out 1099 tax forms when they withhold income taxes nor is tax information available on their website like many other companies provide.
This is correct. Per IRS guidelines, we are only required to send 1099s to authors that were paid over $10. We do not need to send them to authors that had taxes withheld. The IRS website, http://www.irs.gov/irb/2004-20_IRB/ar08.html, states:
FACTS
A publisher enters into a contract for the license to use an author’s literary works. The author is an individual. Pursuant to the contract, the publisher pays the author’s royalties directly to the author’s literary agent. The literary agent, upon receiving the royalties, subtracts his commission and expenses and then forwards the balance to the author pursuant to a contract between the literary agent and the author. During calendar year 2004, the royalties paid by the publisher exceeded $10.
(This IRS policy has not changed since 2004).
However, if Mr. [redacted] would like a 1099 in the future, he only needs to contact customer service and they can request that one be created. A 2014 1099 has been created and is attached.
We do not provide tax information online. We have not done this in the past, nor are we contractually obligated to do so. The 1099 forms are mailed to all authors who were paid royalties over $10.
If Mr. [redacted] submits a W9 via his author center, he will not be subject to further tax withholding and then he would not have to deal with this issue in future years.
Second, while searching for the tax information, I determined that the sales reporting system on the website was inaccurate and had missing sales information.
We are unclear what Mr. [redacted] is referencing If Mr. [redacted] would elaborate on this claim, we will be happy to research and explain further.
As is, the royalty statements provide a plethora of information: month the order was placed, the book title, ISBN, format, order category, order source, quantity, net sales amount, and author royalty amount.
Third, that Authorhouse was again making e-book sales and not paying the contracted royalties. The identical problem to the one a year earlier that Mr. [redacted] assured me was corrected.
The Book Pricing Agreement shows the price and royalty for the epub version of Mr. [redacted]’s book. The eBook royalty is 50% of the net received by AuthorHouse.
He is being paid correctly for eBook sales.
And lastly, that it suspiciously appears that Authorhouse was coding third party sellers with a code for their actual book printer “Lighting Source” instead of coding the actual reseller’s information to potentially circumvent paying higher royalties. I contacted Authorhouse immediately to clear these issues up and was connected to their customer service department in the Philippines. These people did nothing but try to ‘blow me off.’ After putting me on hold and looking into these issues, they came back and told me in a round about way that they had no intention of fixing their website sales reporting system.
If a retail order is sent to and printed at our primary printer, Lightning Source, then that is the way the order will appear on the royalty statement. The order will be entered as a Lightning Source order, as that is the business entity that sends the order information. Lightning Source sends us a list of those books printed with the quantities for each month within a quarter. The list does not tell us where Lightning Source received the order-Amazon, Barnes and Noble, etc.
Despite this, any order from a retailer printed at Lightning Source (or elsewhere) would all earn Mr. [redacted] the same per book retail royalty.
Furthermore, that although they report Amazon and Barnes & Noble third party reseller’s information they have no intention of telling Authors who the other reseller’s are who sell books and will keep on reporting those sales as Lighting Source sales even when no one can buy books directly from Lighting Source.
We do not provide authors with a list of the thousands of retailers worldwide to which their book information is sent for two reasons:
1. This list is the proprietary information of our distributors (Ingram and Baker & Taylor Book Distributors). The list of retailers with which they do business with is not public information and is not released to consumers. We can say that many of the large retail outlets (Amazon, Barnes & Noble, Books A Million, etc.) use these distributors to facilitate inventory and therefore have access to our authors’ books.
2. This list is constantly changing. As the distributors sign up new retailers (both online and brick and mortar stores), the list expands. Again, this growth of retailers is proprietary information of the distributor and cannot be released to consumers or authors. It would be a violation of our agreements with distributors to provide a complete list of their retail partners.
It is correct that no consumer can order directly from Lightning Source. This is because they are a printer, not a retailer. As stated above, if a retailer has their order printed at Lightning Source, that order will reflect as Lightning Source and not the retailer on the royalty statement. Again, the per book retail royalty is the same.
Additionally, they indicated they are not legally required to send out 1099's for sales under $10 even if they withhold taxes.
See the prioeentry above where this was addressed.
And lastly, they claimed they did no wrong on the e-book sales.
An audit was conducted on the ebook format and all reported ebook sales are reflected on Mr. [redacted]’s royalty statements and in his royalty payments. If Mr. [redacted] has any evidence that sales went unreported, he can provide us that information and we will research further.
After demanding a person from the main office in Indiana call me, specifically Adam [redacted], they said they would have someone from the royalty department call. It has been three weeks and I have been contacted 4 times from the number 1-812-339-6000, all after normal business hours, and each time I picked up the phone after 2 rings the person on the other end hung up before saying one word. I have complained to customer service several times over the past 3 weeks, of these harassing phone calls, as well as my illegal e-book sales per un-contracted amounts and their promises to have someone call who has the authority to make decisions, but there has been absolutely no progress on my complaints.
The four calls Mr. [redacted] received were from his previous marketing consultant. However, that representative is no longer assigned to Mr. [redacted]’s project. Mr. [redacted] has placed on the Do Not Call/Email list so no additional calls should be received. If Mr. [redacted] desires to purchase additional services or books he is welcome to call us and we will route the call accordingly.
Mr. [redacted] responded to Mr. [redacted]’s email on March 20, 2014, providing much of the same information that has been provided above. The email is attached. There is no mention of having anyone else reach out to Mr. [redacted].
I have sent e-mails to Adam [redacted] that go unanswered, and a Ms. R.J. [redacted] from the royalty help desk in the Philippines has responded with a form letter written answer about royalty sales even after I sent her a copy of my Book Pricing Agreement that they should already have on file. I also sent her the many e-mails from back in 2014 to Mr. [redacted] that clearly indicate that no e-book sales are to made unless I receive the contracted royalty rate… regardless of e-book format or place of sale and which he agreed to.
Mr. [redacted]’s email response is mentioned above.
As stated previously, there was no mention on the part of Mr. [redacted] of Mr. [redacted]’s ebook royalty being $3.04. The contracted royalty rate for ebook sales is 50% of net payments received, which is the royalty rate Mr. [redacted] is receiving for ebook sales.
Desired Settlement: Fix website sales reporting system
We are unclear as to what Mr. [redacted] is requesting be fixed. As stated in the response above, we are not sure what is missing and what is inaccurate. Mr. [redacted] will need to elaborate on this.
Make restitution for e-book sales royalties
Mr. [redacted] has been paid correctly for ebook sales-50% of net payment received by AuthorHouse. There are no further payments to be made at this time.
Properly code third party sales
If an order placed through a retail outlet is sent to Lightning Source to print, that order will reflect as Lightning Source on the royalty statement. This is because Lightning Source reports the order to us and does not tell us where the order originated from. The information Mr. [redacted] is requesting us to post is not provided to us and therefore cannot be declared on the royalty statement.
Because Lightning Source is the business entity reporting the order, the order is properly reflected on the royalty statement.
Either way, the retail per book royalty is the same.
Send out 1099 if tax is withheld
Per the IRS, we are only required to send 1099s for authors that are paid over $10 in royalties. If in future years Mr. [redacted] does not earn over $10, he can contact customer support and they can request a 1099 be created and mailed to him.
Or Mr. [redacted] can submit a W9 via his author center to prevent further tax withholding and then receiving a 1099 to show tax withholding for royalties less than $10 won’t be necessary.
Sincerely,
Eugene [redacted]
Global Director Author Satisfaction
Dear Revdex.com, Thank you for the opportunity to confirm cancellation of Mr. [redacted]’s publishing packages and clarification of the refund eligibility for his current publishing package and the [redacted] International Exhibit marketing service. Mr. [redacted] has published three (3) titles with Xlibris...
Publishing—[redacted] in 2007, [redacted] in 2008 and [redacted] in 2009. On April 18, 2011, he purchased the International Book Fair Event for [redacted] Germany to promote his 2009 title. In March 2017, he purchased a fourth publishing package to publish [redacted]. Refund and Return of Manuscript for Fourth Publishing Package In his filing, Mr. [redacted] requests a refund of $900 for his most recent publishing package purchase, stating that he has refused to sign the publishing agreement. He also seeks the return of his “intellectual property.” In March 2017, he accepted a 50% discount offer of $949.50 for the purchase of his fourth publishing package with us for his book entitled [redacted]. He chose to use an installment payment plan that added a non-refundable service fee of $30, making his total purchase $979.50. On June 23, 2017, he advised that his book was ready to submit and he signed both the Publishing Services and Distribution Agreement and the Installment Payment Plan Agreement. For your convenience, copies of both agreements are attached. A review of the status of this project found that his book project has progressed thru the production phases with guidance from the team assigned to his project. As customary, once submitted his manuscript and materials were reviewed by our Content Evaluation Department to ensure the materials met our standards for publishing (see Section 2 of the Services and Distribution Agreement). A full description of the content guidelines appears on the Xlibris website at https://www.xlibris.com/faq/Content_Evaluation.aspx#Content. After some content concerns were addressed, his work proceeded to the design phase on august 1, 2017. Here both the cover and interior designs and formats were prepared and sent to him for his review. Instead of providing correction instructions, he submitted a revised manuscript. The new manuscript was used to format a new galley and then forwarded to him for review. In addition, he was advised that going forward corrections or manuscript revisions might incur charges as described in the submission materials sent to him at the beginning of this project and stated on the approval forms sent with all galleys. While we waited to hear from him regarding the results of his review, he inquired about his options for cancellation. In his filing, Mr. [redacted] writes that he “refused to sign the publishing agreement.” There are two approval/acceptance documents needed for each project—one at the beginning of the process and one at the end. In order to start any work on a publishing package we must have the author’s signed acceptance agreeing to the terms and conditions of the Services and Distribution Agreement for the publishing package purchased. He signed the Distribution and Services Agreement for the Publishing Package on June 23, 2017 (copy attached). In order to authorize that the work is completed and ready to release for sale, the author must approve the cover and interior galley files by signing release-to-print documents. In early October, we presented a second set of galleys to him for review and received no response to our follow-up queries. Therefore, we believe that his refusal-to-sign statement refers to these documents. Refund options for his project are described in Section 4 of his Services and Distribution Agreement describes, which read: If You terminate the Agreement, or if We terminate the Agreement for Cause (as defined below) at any time or without Cause after We have fulfilled the Publishing Services and Marketing Services, Refunds will be issued as follows: • For Publishing Packages: o Prior to submission of Your Manuscript: § 0-90 calendar days after the purchase: 100% of purchase price, less $150 or 10% of the purchase price, whichever is greater § More than 90 calendar days after the purchase: No Refund o After submission of Your Manuscript but prior to final approval, if the refund is not due to failure to comply with Our Content Guidelines: § After submission of Your Manuscript but before design work begins: 50% of purchase price § After design work begins but prior to final approval: 25% of purchase price o After You have given final approval of the Work: § No Refund o NOTE: Submission of Your Manuscript occurs when You first deliver to Us any text or images intended for publication Since he has submitted his work and design work performed but he has yet to provide final approval, he is eligible for a refund of 25% of the purchase price. The purchase price was $949.50 ($979.50 less the $30 non-refundable payment plan fee); 25% of $949.50 is $237.38. A refund request for $237.38 was prepared and approved for return to the credit card used to make the payment. In accordance with the termination clause of the Services and Distribution Agreement, Section 4, upon receipt of his cancellation letter, high resolution unbranded PDF files for [redacted] were sent to him via wetransfer.com. [redacted] Germany International Book Exhibit In his filing, Mr. [redacted] seeks a refund of “$600 payed for marketing my book "[redacted]" at [redacted] Book Show. Book never made it to the show.” In April 2011, Mr. [redacted]’s purchased the [redacted] International Book Fair Exhibit event that occurs annually in October. To be included in the event a book must be live (in print), all financial obligations in good standing and all approvals for materials and press releases received in house by early August to satisfy the event publication deadlines. Mr. [redacted] and his book fulfilled these requirements by the deadline and his title was part of the 2011 exhibit. Proof of participation was provided to him in 2011 after the event. We submit the following links from the vendor’s archives for 2011 that document his title’s participation at the event—on Page 24, item 314 of the 2011 show catalog and the feature ad for the online catalog, https://secure.combinedbook.com/2011-[redacted]-international-book-fair_onlineca...⇄ https://secure.combinedbook.com/combinedbooks/showcatalogues/266722011CBE[redact...⇄ We reviewed his account from 2011 to present regarding the [redacted] book exhibit and were unable to find any inquiries from him disputing his title’s appearance or participation in the 2011 event. Since the service was fulfilled, it is no longer eligible for refund. Cancellation of Books in Print We have honored Mr. [redacted]’s request for the cancellation and removal from print of his titles: [redacted] and [redacted]. We have removed the titles from our website and notified our print and distribution partners of the cancellation of his titles and ISBNs. We also explained to him that since retailers and network partners control their own websites and timelines for making changes, it might take 30 to 60 days before the titles are no longer displayed on their sites. However, the print and e-book files have been cancelled at the print and distributor level and no new orders will be printed or e-books released. Should any books currently be in the channel they will remain there until sold. We trust this information illustrates our attention to Mr. [redacted]’s concerns. Sincerely, Elaine H[redacted] Manager of Author Satisfaction
Dear Revdex.com, Thank you for the opportunity to further address Ms. [redacted]’ request for a refund. Ms. [redacted]’ refund of $1999.50, reflecting 50% of her original payment, was paid on April 3, 2015, in accordance with the refund terms specified in the Self-Publishing Services Agreement she agreed to with her signature. Refund Policy and Jose Ms. [redacted] states that she never spoke with anyone named Jose about a refund policy. To refresh her recollection, we have attached a transcript of Ms. [redacted]’ call with Jose Fortich of Payment Central on January 22, 2015 (recording available upon request). As a representative of the Payment Central Department, Ms. Fortich is charged with confirming the purchase (publishing package selected plus any add-on services or payment plans), the purchase price, method of payment and agreement to the refund policy prior to requesting and processing any payment. In the call, Mr. Fortich states “If the agreement is terminated by the author for any reason other than a breach of contract by Balboa Press, a minimum administration fee of $150 will be deducted from the publishing fees refunded to defray setup costs.” Mr. Fortich then directs Ms. [redacted] to the full terms of the refund policy available on the Balboa Press website. Ms. [redacted] replied with a clear “yes,” agreeing to the terms. The terms of the refund policy to which Mr. Fortich directed Ms. [redacted] are identical to the Self-Publishing Services Agreement, which Ms. [redacted] signed and returned on January 23 (attached again for your reference). Per Section 10 of the Agreement: 10.1 Refunds following Termination. You may be entitled to a refund of all or a portion of the amount You paid for a Publishing Package. The refund opportunity is exclusive to the amount paid for the Publishing Package as referenced in the Service Order. All other Services are non-refundable after purchase. You shall be entitled to a refund of the amount paid for the Publishing Package as follows: a. Prior to submission of the manuscript: 100% [less a $150 (USD) setup fee] b. After (a) above and prior to start of interior design work: 50% c. After (b) but prior to final sign-off 25% Irrespective of (a-c) above, after six (6) months from the Effective Date no refund is due to You. Ms. [redacted] submitted her manuscript and two pre-design elements of her package were completed, the Content Review and Editorial Assessment. Subsequently the fulfillment of her package reached stage b (see above and agreement attached) which qualifies her for a 50% refund of the purchase price. Editorial Assessment Ms. [redacted] continues to comment on her Editorial Assessment. As stated in our original response, the assessment was performed and delivered to her within the allotted time line. Although Ms. [redacted] does not agree with the recommendations of the Editorial Assessment, she is under no obligation to act upon them. Authors are free to ignore the recommendations, choose to perform them themselves, contract with an editor of their choosing or use the services of Balboa Press. Refund Statements and Tina and Barb In her rebuttal, Ms. [redacted] states that “both the sales person (Tina) and my project director (Barb) verified my right to refund, minus $150 at the time she requested it.” As it is important to us that information provided to our clients is accurate and relevant to their concerns, we reviewed Ms. [redacted]’ account seeking to corroborate her statement. We were unable to find any documentary evidence to confirm that the Publishing Consultant (Tina) made statements contrary to the refund levels as listed in the Self-Publishing Agreement (see above and the attached agreement). Our review found a reference to refund eligibility was made by her Check-in Coordinator (Barb) occurring when Ms. [redacted] stated she was going on vacation. She had asked whether there was a length of time after which a refund would no longer be a possibility. Barb responded that after six months no refund is offered. This communication confirms when the possibility of a refund ceases, but fails to confirm the specifics of Ms. [redacted]’ statement. In summary, Ms. [redacted]’ submitted her manuscript, several pre-design phase elements were completed and the work had yet to be endorsed to the design phase. She cancelled her project and has been refunded the amount due in accordance with the terms of the Self-Publishing Agreement she agreed to with her signature. We trust this information will resolve your concerns regarding Ms. [redacted]’ case. Please let us know if additional steps need to be taken for an amicable close to this case. Sincerely, Elaine H[redacted] Manager of Author Satisfaction
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that the response would not resolve my complaint. For your reference, details of the offer I reviewed appear below.Thanks for you assistance in handling my complaint with Authorhouse. It appears Ms. [redacted] has now been assigned to address this complaint since Mr. [redacted] gave this matter nothing but smoke and mirrors. On the matter of 1099 reporting we will continue to disagree. At least Ms. [redacted] used a relevant IRS link to support her position unlike Mr. [redacted]. Again, as I said before, her answer is just the same as Mr. [redacted] and for your readers only. If Authorhouse would have sent me a “courtesy” 1099 when I called I would not have even complained about this! Saying they will send one if only I had asked in two separate responses does not make it so and is disingenuous at best.Again, asking to submit a W-9 for a second time is nothing new as well and I will not be doing so for the reasons I stated previously. Again, nothing new here. Since it seems Authorhouse will not admit their customer service refused to send a 1099 in the first place and continue to claim no wrong doing, we should simply agree to disagree and put this behind us until the next time it arises.On the matter of e-book royalties, Ms. [redacted] is correct in that I never agreed to “channel” sales of the e-book when my book pricing agreement was approved in 2009. Yet, somehow Ms. [redacted] must have missed reading the attached e-mail I sent in the last response. She seems to ignore the e-mail from Brent [redacted] on December 6, 2012 that states I phoned and will not authorize ANY e-book sales unless I get $3.04 royalty for each sale. NOW I WANT TO MAKE THIS PERFECTLY CLEAR, I WILL NOT WASTE ONE MORE MINUTE BICKERING BACK AND FORTH. I AM QUITE SURE A LAWYER WILL FIND THIS E-MAIL VERY CLEAR AND SO WILL A JURY IF NEED BE THAT I MADE MY EXPECTATION QUITE CLEAR TO AUTHORHOUSE! Furthermore, Authorhouse representatives need not waste anymore of their time writing long winded answers; just attach ANY document where I agreed to accept how they claim e-book sales are to be paid as I was required to do for all the other types of sales. I suggest Authorhouse find that document fast because they are going to need it if you don’t resolve this matter by their next response! Authorhouse’s general statement on their website about how e-book sales are to be paid is not a legal binding document and clearly one I never agreed to.Ms. [redacted] states, “To reiterate, the e-Book royalty is 50% of the net received, not 50% of the e-Book price. The Book Pricing Agreement that Mr. [redacted] attached does not apply to e-Books sold through retailers.” To reiterate, an e-book royalty is what is negotiated and agreed to on a book pricing agreement between a publisher and an author and NOT some general policy by the publisher on a website!!! “In the e-mail chain between Mr. [redacted] and Mr. [redacted] that was attached by Mr. [redacted], Mr. [redacted] makes no mention of the eBook royalties being paid incorrectly. The “restitution paid” to Mr. [redacted] was a paperback copy of his book because as Mr. [redacted] says “It turns out that during the time of the request to delist the e-Book format a system issue occurred.” So Mr. [redacted] was sent a complimentary copy of his book because his e-book was not completely pulled from distribution, not because his royalties were paid incorrectly.”If this is Mr. [redacted]’s opinion, I can assure you it was not mine and all the correspondences between us will back up my claim in a court of law. Furthermore, if restitution was paid because I requested it to be delisted and it was not, why in the world would I ok for it to be relisted so sales could be made at a royalty I never agreed with? I explained to Mr. [redacted] in the e-mail he could relist the e-book for any price, any format, and any seller AS LONG AS I RECEIVE A ROYALTY of $3.04. My position on this matter has never changed and was summed up quite nicely in Brent Lionel’s e-mail which Ms. [redacted] seems to ignore. As such, I have included in its entirety for all to see who is telling the truth here.“Hi Team,Author called telling us, that resellers are selling his e-book on a lower price. E-book price in AuthorHouse is $6.60. Educated author that we don’t have control reseller’s price and rest assured he will get the same royalty. Author said his e-book royalty is $3.04 with AuthorHouse and Google is selling the e-book for $3.03, I already explained to the author that it’s $3.04 with us due to the web bonus. But author said if resellers could not give him $3.04 royalty then it’s better that they don’t sell the e-book. He wants the e-book to be available only at AuthorHouse since resellers are not following his agreed price with us which is $6.60.Kind Regards,Brent [redacted]”Furthermore, what Ms. [redacted] quotes as coming from Mr. [redacted] in the e-mail chain is taken out of context. Here is a quote from what I wrote to Mr. [redacted] in that same chain e-mail dated May 20, 2014:“I would like my e-book offered again on your website at the originally negotiated prices if that is possible and thank you for asking. And you may even offer the newest formats of the e-book on your site at the same prices and royalties agreed upon as well if you wish and it is easier, but no version of my e-book can be offered anywhere else without negotiating the royalties for such sales! I hope this is clear. Unfortunately, I would have agreed to sales of my e-book by third party sellers if only the royalty would have been the same as I receive on your website... something your company is unwilling to do it appears.”Is this not clear? Either the wrong royalty rate has been paid or Authorhouse sold unauthorized e-books again. It is one or the other. It seems to me paying the correct royalty is the cheaper way to go. Regardless, and for the public and judicial record, I Robert [redacted] from this day forward do not authorize any future e-book sales by Authorhouse in any format or any sales outlet unless I receive a royalty of $3.04. If Authorhouse makes such sales they will be illegal, unauthorized sales and an infringement on my copyright! Is this clear enough! “Inaccurate and missing sales information: “More mumble jumble for the readers of the Revdex.com and more untruths! It seems it is ok to attach personal information to these responses. I would hope the Revdex.com does not include it for the public to see. I will not waste the time to answer all the long winded comments. Nevertheless, everything I said in my initial complaint and my previous response remains the same. I know not what reports Ms. [redacted] used, but a can tell you the spreadsheet she attached as proof there is nothing wrong with the sales reporting appears to factual. Unfortunately, it is not the same sales reporting system on the website for authors to use!Today, I went on to Authorhouse’s website again, just as I did when I first told customer service there was a problem and they indicated they were not going to do anything about it. Two responses later from my Revdex.com complaint confirms Authorhouse was true to its word. I ran the sales report for Jan 2014 to the present and have attached the document. This is all I ever asked Authorhouse to do to find the problem themselves? As any three-year old can see, there are NO sales for the month of September 2014 reported!!!!!!!!!!!!!!! Was there a sale in September 2014? Yes, according to the sales report Ms. [redacted] sent me via an attachment to this response and according to the royalty report. Is there a September 2014 sale on the report I attached that I got off the website? NO!!!!! The sales system on the website is not factual just as I have said repeatedly. Everything I wrote has been true and everything Authorhouse has written by both Mr. [redacted], and Me. [redacted] has been untrue!“As with the first audit, we found no missing sales and all the reports appear to be accurate. If Mr. [redacted] can provide more information regarding the missing sale (such as--from which retailer it was ordered, what format, when it was shipped), we can return to the retailer and see why the order was not reported to us.” Who comes up with these responses? I have attached the report as proof that “all the reports appear to be accurate” are not! As for me telling Authorhouse where the missing sale is from when it is Authorhouse’s position that they do not even know where all the sales come from so they don’t have to code sales accurately is so illogical I don’t even know how to respond to such a comment. Is this not Authorhouse’s responsibility to know where sales are made. This has been my point all along. Just more gibberish to make it look like they are being helpful and responsive to my complaints and nothing more. “Coding of book orders: Books are ordered either directly from AuthorHouse or a retailer. Once an order is placed the retailer will place the order with their distributor who orders the requisite number of copies from an authorized printer for AuthorHouse titles. Orders placed directly through AuthorHouse are sent immediately to the authorized printer.”So what Ms. [redacted] is saying is, when my book is ordered on Barnes & Noble’s website since nowhere can my book be bought in a physical store, Barnes & Noble calls their distributor and the distributor orders the book directly from Lightingsource without Authorhouse’s knowledge? After the book is shipped from Lightingsource to the consumer or to Barnes & Noble, then Authorhouse is notified of the retail sale? Is this true for all retailers Authorhouse deals with? Now based on Ms. [redacted] response to my complaint, it appears the answers are yes to these questions I just asked. However, this cannot be true since Authorhouse does code retails sales from both Barnes & Noble and Amazon, but as for any other sales they claim not to know who they were from, but only that they are retail sales? Again I ask, how is it that Authorhouse knows a distributor ordered a book from Lightingsource to be printed for Barnes & Noble, but not a sale by a distributor to Lightingsource from “Google Books” for instance?Ms. [redacted] writes further,“Marketing Calls and Do not call list: The marketing consultant that was assigned to Mr. [redacted], Mark [redacted], was removed from Mr. [redacted]’s account months before Mr. [redacted]’s complaint was received. The reassigning had nothing to do with Mr. [redacted]’s complaint, nor was it implied in the original response that it was.“Is Ms. [redacted] kidding? I guess you can write anything and in doing so it makes a lie now true. Here is what Mr. [redacted] wrote from the original response and I quote,“The four calls Mr. [redacted] received were from his previous marketing consultant. However, that representative is no longer assigned to Mr. [redacted]’s project. Mr. [redacted] has placed on the Do Not Call/Email list so no additional calls should be received.”If this reassignment has nothing to do with my complaint, then why did Mr. Hopkin’s bring it up in the first place? Any person who reads what Mr. Hopkin’s wrote as a response to the hang-up calls I received from Authorhouse need not read anything into it other than what was actually written. You are right, nothing was implied, it was written straight forward. “Mr. [redacted] is now Mr. [redacted]’s previous marketing consultant because he was reassigned since he made four hang-up calls to Mr. [redacted].” Is this not logically what most people would conclude from Mr. [redacted] words?Furthermore, If Mr. [redacted] was removed from my account months before, then why did he continue to call and hang-up months after he was no longer my marketing consultant? Especially when the only calls he ever made to me were after each time I contacted customer service and asked for someone to call me back to resolve the royalty problem. Is this simply harassment? And for the official record, no one ever did call and they still haven’t call as confirmed by the call list attachment! And no mention as to why the call list says I called and talked to a Mr. [redacted] when in fact I talked to a woman!!!! Where is my answer to that Ms. [redacted]?Lastly, I know not why Ms. [redacted] attached a spreadsheet of call reports? Is it to show someone who was not suppose to call me in the first place kept calling my house and hanging up on me every time I called and complained to customer service? I already knew this. Still, I can’t but wonder how a person who is suppose to not be calling me from the Philippines is able to make the calls look like they come from the Indiana Office. Should I call my phone company and have them send me a call report that shows I am telling the truth and attach that to the next, long winded, no resolution and admission to doing anything wrong, answer?“Mr. [redacted] is currently on the Do Not Call list for marketing and publishing opportunities. If Mr. [redacted] would like to be taken off the do not call list, we request that he respond clarifying that he is amenable to receiving phone calls from sales staff, providing him information regarding publishing and marketing services. We will not remove him from the list until he makes clear he is aware of what that entails.”Thank you. If the “Do Not Call” list is only for marketing and publishing sales calls, then keep me on the list. I have no intention of ever buying one more service from Authorhouse based on their business practices, lies, and mistreatment of authors. However, if being on the Do Not Call list means no one will ever call, even when I ask for someone to call me to resolve issues pertaining to sales, royalties, and everything else that are not a sales call for marketing and publishing opportunities, then I do not wish to be on the list!In summary, Ms. [redacted] wrote exactly what Mr. [redacted] wrote stating Authorhouse did nothing wrong, there is nothing wrong, and they plan on doing nothing no matter how many ways they say it. And as such, they have resolved nothing, yet they think they have. It is strange to think that a person would go through all the effort to complaint to the Revdex.com on various issues when nothing is wrong. Then a company, by simply writing words and doing nothing, would expect that same individual to accept that the problems are in someway fixed. They must be truly magical words. Amazing.Form 1099-Misc: Authorhouse will not send out 1099-Misc under $10 even when taxes are withheld. I get it! But claiming they will if I just ask them too is a lie and we only need to listen to the recorded customer service call to prove it! Attach the audio to your next response to prove I did not ask and I am the one not telling the truth. You clearly have the call records. I am sure you have the recordings as well! By the way, attach the audio call from Mr. [redacted] because my memory must be really bad to think I spent 2523 seconds on the phone talking to a woman.E-book sales: I still expect to get paid either for the incorrect royalties or the unauthorized e-book sales. I suggest that the next person who writes a response to my complaints not be from the “Global Director Author Satisfaction” nor the “Manager of Author Satisfaction”, but from the legal department!Coding of third party Sales: If Authorhouse is able to code Amazon and Barnes & Noble sales who use distributors that contact Lightingsource, then Authorhouse is able to code other retailers as well since Authorhouse says they use the same system. At the least Authorhouse can code the “distributor” who ordered the book from Lightingsource. Since Authorhouse does not do this, it must be intentional for some reason. One can only imagine why they record sales this way considering the type of company they are. Do not Contact: Consider what I have written in my first reply and again in the body of this reply my written response on this matter. Don’t call me to sell me anything and do call me to resolve problems. You can be sure Ms. [redacted] that the information you sent was no more and no less informative than that of Mr. [redacted] and does in no way satisfy the main points of this complaint. I hope this response is much clearer than my previous response in the same way you hoped yours was.Regards,[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Please see attached for the record, dated 9/16/14, for the receipt from [redacted]. Also, [redacted] purchased the hardback copy of my book directly from Xlibris on September 16, 2014. How is it that that this is not being counted from the date in which the books were purchased? The credit cards were charged the day that the books were purchased, not the date in which the books were sent out. I'm also attaching a purchase through Amazon, dated 9/27/14 for a soft cover [redacted] book.
Regards,
[redacted]
Dear Revdex.com, Thank you for giving us the opportunity to review the steps taken to assist Ms. [redacted] with the submission of her manuscript and her request for refund. On August 14, 2014 Ms. [redacted] purchased an Essential Access publishing package for the amount of $999.00. On September 4, 2014 we...
received her signed author agreement (copy attached). On September 5, 2014 her Check-In Coordinator, Jennifer M[redacted], sent her a welcome e-mail with detailed instructions on how to submit her manuscript and materials. Ms. [redacted] states that although she has tried various avenues to provide her manuscript and materials to us for publication, she has been unsuccessful. It is unfortunate that Ms. [redacted] had difficulty with the procedures we have in place regarding the formatting and submission of her manuscript. These procedures are in place to ensure that the books we produce are professional and comparable to those published by traditional publishers. A review of the project communications between Ms. [redacted] and her Check-In Coordinator is attached for your reference. The review confirms that it has been a year since we received her signed services agreement; however, it also shows that no materials were received by us from Ms. [redacted] until March 23, 2015, six (6) months later. A week later she inquired about adding a poem and was advised that it was not too late. To do so she just needed to add the poem to the full manuscript and send the amended version of the manuscript to us. From that time forward, the communications review suggests that confusion and frustration arose. The review indicates that the Check-In Coordinator spent considerable time on the phone and via e-mail working with Ms. [redacted] to provide her with technical support and to answer her questions. It also shows that we acknowledged receiving her manuscript file on the several occasions she sent it to us. However, discerning which transmittal contained the correct file at times became unclear and we sought assistance from Ms. [redacted]. In mid August, to ensure that the recent manuscript file received via WeTransfer was indeed the correct file, we asked Ms [redacted] for confirmation. This request appears to have led to the involvement of both her daughter and the WestBow Press Production manager, Adalee C[redacted] along with her request for cancellation and a refund.Ms. C[redacted] has spoken with Ms. [redacted] and awaits a response for her regarding the submission resolution she proposed on August 28th. REFUNDIn their conversation of August 18th, Ms. C[redacted] advised Ms. [redacted]’s daughter of the refund policy according to the publishing agreement and offered to work with Ms. [redacted] to complete the publication of her book. The WestBow Press Publishing Agreement (copy attached), Schedule A, Section 5. Refunds, states: If AUTHOR terminates this agreement for any reason other than a breach of contract by PUBLISHER, AUTHOR agrees to pay PUBLISHER any amounts due on services purchased. PUBLISHER will refund amounts paid by AUTHOR as follows:Prior to submission of manuscript 100% less a $150 setup feeAfter submission, but prior to interior design 50%After interior design, but prior to final sign-off 25%After six months from contract date 0% As Ms. [redacted]’s agreement was signed on September 4, 2014, it falls into the after six months from contract date status and is ineligible for refund. In closing, in accordance with the terms of the Publishing Agreement approved and signed by Ms. [redacted], she is ineligible for a refund. Should she choose to cancel her project no refund will be issued. Should she desire to continue with the project we have expressed our willingness to allocate the necessary resources to complete the publication of her book including the assignment of a different Check-In Coordinator for her project. Sincerely, Elaine H[redacted]Manager of Author Satisfaction
Dear Revdex.com,
Thank you for bringing this matter to our attention and for the opportunity to present our side of the case.
Mr. [redacted] purchased a Black and White Premium publishing package with Xlibris on March 22, 2011, taking advantage of a promotional rate of $2229 with an...
installment payment plan option for an additional $30, for a total of $2259.
Our records show that Mr. [redacted] made two (2) payments totaling $1230 as identified below:
3/22/2011
Payment
$1,000.00
[redacted]
[redacted]
2/23/2011
Payment
$230.00
[redacted]
[redacted]
In May, Finance reached out to Mr. [redacted] by email and phone regarding his payments and outstanding balance. He indicated that he desired to continue with his project and would make arrangements for payment. Attempts to reach him by phone and email continued and in August his account was placed on HOLD. On September 25, 2011 he responded that he would be starting his new job that week. Reminders regarding resumption of payment followed with a response on January 6, 2012 expressing thanks for the reminder and his intent to proceed with the publication. Reminders by phone and email continued through 2012 with the “mailbox is full” notices beginning in August.
Cancellation Request History
In October 2013 Mr. [redacted] communicated his intent to cancel the services he purchased from Xlibris. He spoke with one of the managers from our Sales Department and was endorsed to the Refund Department on October 14, 2013. After several unsuccessful attempts to reach Mr. [redacted] through phone, one of our refund representatives sent an email to Mr. [redacted] to discuss the cancellation process on October 16, 2013. No response to the said email was received from Mr. [redacted]. We have attached a copy of the email for your reference.
Mr. [redacted] contacted Xlibris again on June 2015 to make a follow up on the request he made in 2013. He was informed by one of our Sales Managers that under the Term and Exclusivity portion of the publishing service agreement, failure to submit materials for publishing before one year has elapsed from the date of the service order forfeits any right to claim a refund for monies paid for the services. Any variance from these terms requires the approval of upper management. To assist Mr. [redacted], an appeal was submitted on his behalf to upper management for their review. We have attached a copy of the communication sent to Mr. [redacted] on June 23, 2015 on this subject for your reference.
In light of Mr. [redacted]’s circumstances, the appeal was granted resulting in a check refund for the amount paid toward the publishing package, $1230, to be issued and sent to the address of record.
In summary, in 2011 Mr. [redacted] defaulted on his payment plan and after attempts to reach him regarding payment, his account was placed on HOLD. In 2013 he contacted us to cancel the publishing package, yet attempts to reach him to verify the request and discuss refund eligibility were unsuccessful. In 2015 he contacted us to “follow-up” on his refund request. As refund eligibility expired in 2011, his request was denied and an appeal submitted for Executive Review. The appeal was approved and a check refund issued to be sent to the address of record.
We hope the information provided with this letter illustrates the steps we have taken to address Mr. [redacted]’s concerns. Please let us know if additional steps need to be taken for an amicable close to this case.
Sincerely,
Elaine [redacted]
Manager of Author Satisfaction
Dear Revdex.com, Thank you for the opportunity to review and clarify Ms. [redacted]’s Author Learning Center subscription. Ms. [redacted] purchased a publishing package from Xlibris in October 2015. Included in the package was a complimentary year subscription to the Author Learning Center, a website...
dedicated to assisting and supporting all writers, sponsored by Author Solutions Inc. The Author Learning Center website offers content on writing, editing, publishing and marketing ones work from a variety of industry experts, agents, best-selling authors, publicists and editors. Ms. [redacted] registered, twice, to take advantage of this complimentary membership-on April 4, 2016 and on April 5, 2016. During registration, the website will request credit card details, although these will not be used until the complimentary membership time period has expired. Once the trial membership period ends the subscription membership becomes due. Please reference the following link: https://www.authorlearningcenter.com/site/p/terms-of-use: Trial Period. Once Your Trial Period ends, We will begin billing Your Payment Method for the Subscription Fees (plus any applicable taxes), unless You cancel Your Subscription prior to the end of Your Trial Period. You agree and understand that You will not receive a notice from ALC that Your Trial Period has ended or that Your Subscription Fee payment(s) have begun. If You wish to avoid charges to Your Payment Method, You must cancel prior to midnight Eastern Time on the last day of Your Trial Period. You can cancel Your Subscription by contacting Customer Support at the telephone number provided on the ALC Site. We will continue to bill Your Payment Method for the Subscription Fee, plus applicable taxes and fees for additional services purchased by You until You cancel Your Subscription or Your ALC Account or the ALC Services are otherwise suspended or discontinued pursuant to these Terms. You may cancel Your Subscription at anytime. To the extent You are offered in conjunction with purchases of, or payment for, third party products or services, You agree that ALC will not be liable to You for any claims arising out of or related to Your purchase or use of such third party products or services. As stated on the website, the subscription will automatically renew at the end of the trial period unless the member advises us of their cancellation desire within the trial period by phone at 866-697-5312 or email [email protected] . It also states that no renewal notification will be sent prior to the end of the trial period. On April 4, 2017 and April 5, 2017, Ms. [redacted]’s chosen credit card was charged the applicable $149 renewal fee, in accordance with the Terms of this service. The fees were deducted from Ms. [redacted]’s card exactly one year after her sign up dates. Despite the fact that Ms. [redacted] enrolled twice and failed to cancel her subscription prior to the trial period ending, we have refunded $149 for one of the Author Learning Center renewal subscriptions to her credit card, transaction ID [redacted]. The other $149 charge is nonrefundable per the above mentioned Terms, as Ms. [redacted] did not request to cancel prior to the end of the trial period. Subsequently, this membership remains active for her use. Should she desire to cancel her membership she may do so by notifying us by email or phone as explained above, prior to the renewal date of April 4, 2018. Author Learning Center Membership Rate In June 2016 (several months after Ms. [redacted] had registered), the Author Learning Center membership program was modified to offer a monthly subscription option of $9.99 per month after a 30-day trial period with a 12 month alternative at $99.99. The cancellation policy remained the same as described above-- notification to cancel must be received prior to end of the trial period or billing date. When Ms. [redacted]’s complimentary membership expired and had not been cancelled, it was renewed at the $149 yearly rate that she had authorized when she enrolled. In closing, Ms. [redacted] enrolled twice in the Author Learning Center, creating two accounts and thus getting charged twice. As the Terms explain, a reminder is not sent prior to the end of the trial period and the service will automatically renew. Ms. [redacted] was charged the applicable fee of $149 for when she enrolled. Out of goodwill, one of the $149 renewal fees has been refunded to Ms. [redacted]’s card. The other charge is non-refundable, as Ms. [redacted] did not request cancellation prior to the end of the trial period. As one of the subscriptions remains active Ms. [redacted] may continue its use or cancel prior to its renewal date of April 4, 2018. We trust this information clarifies Ms. [redacted]’s Author Learning Center subscription. Sincerely, Elaine H[redacted] Manager of Author Satisfaction
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that the response would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Enclosed is a file with the first time I wanted to cancel. They wouldn't accept this cancellation and I felt trapped as if I had to use there services. They wouldn't refund my money then.
Regards,
[redacted]
Dear Revdex.com, Thank you for the opportunity to review the circumstance of Ms. [redacted]’s purchase and to confirm that her requests for cancellation and refund have been completed. Ms. [redacted] signed up to publish her book with Xlibris on June 14, 2016. She purchased a Black and...
White Basic publishing package taking advantage of a promotional rate of $500 from the list price of $779. She elected to make payments using an auto-installment payment plan which added a $30 non-refundable surcharge, making her package total $530. She made the first payment of $196.66 that day with the remaining two payments set up for auto-charge on the same day of the two following months. Xlibris requires parental or legal guardian permission for transactions involving minors. While Ms. [redacted] voluntarily contacted us and signed up for the publishing package, she also advised the publishing consultant that she had yet to reach legal age for entering into contracts. Upon further review we found that the Publishing Consultant failed to properly endorse the transaction to our Finance Team for the necessary parental or legal guardian authorization and verification process. For this oversight and any inconvenience it may have caused her, we apologize. Refund requests follow a series of steps in order to ensure eligibility and the appropriate return of monies. The entire process may take up to 35 days to complete. Her refund request was received on July 8, 2016. Scheduled transactions that are set-up thru the installment payment plan before the cancellation is finalized are automatically charged by the system. All charges taken from Ms. [redacted]’s account have been refunded as of July 25, 2016 and the future installment charge has been cancelled. A refund for each installment payment has been returned to the card used to make the payment in the following transactions: $166.67 to MC ending [redacted], transaction ID[redacted] $196.66 to MC ending [redacted], transaction ID [redacted] We thank Ms. [redacted] for bringing her experience to our attention. As a result, we have been able to review and strengthen the steps, safeguards and training of staff for working with underage authors. In summary, we again apologize for any frustration or inconvenience caused Ms. [redacted]. Her project and payment plan have been cancelled and the payment made have been refunded to the card used to make the purchase. Sincerely, Elaine H[redacted] Manager of Author Satisfaction
Dear Revdex.com,
Thank you for the opportunity to review Ms. [redacted]’s concerns about print issues in her printer copy and the fulfillment of her book order.
On February 2, 2015 Ms. [redacted] purchased an Inspire publishing package to publish her book, [redacted]!, at the special price of...
$3,059.15. She opted to use an installment payment plan which added a $75 non-refundable service fee, making her total $3,134.15.
We received her signed Self-Publishing Services Agreement (copy attached) and Payment Plan Agreement on February 13, 2015 and, with her approval, her book was released to print and made available for sale August 10, 2015.
Ms. [redacted] relates that in the printer copy she received certain letters arbitrarily appear bolder than adjacent letters and some photo images are unclear. As it is important to us that the print quality standards required of our print partners are maintained, upon receipt of this filing, we initiated a thorough review and investigation of these printer copy issues.
Ordering Books Prior to Receipt of Printer Copy
When a book is released a printer copy is provided to the author to demonstrate that the book was successfully installed in the print system. Until the author notifies us they have received the printer copy any volume order placed by the author is placed on a HOLD status. On August 17, 2015, Ms. [redacted] had placed a book order with her Book Consultant for the book copies included in her package and an additional 100 copies. The order status was designated as on fulfillment HOLD pending notification that she had received the printer copy. When she received the printer copy she found inconsistencies in the boldness of certain letters in the text and the clarity of two (2) pictures, causing her to request the book order hold continue until the issues were corrected.
Printer Copy Issues
The approval documents sent with galley proofs for both the cover and interior emphasize the importance of reviewing the files and identifying any revisions and modifications prior to approving the files for release to print. As a reminder of Section 5.5 of the Services Agreement, the approval forms indicate that the author is responsible for any resubmission and correction costs for changes requested after they have given their approval of the files. The approval of the selling price for each version of the title is also an element of the sign off form.
To determine what causes printing issues in any book, a Book Order Customer Service representative must see a sample of the issue and confer with the printer. We thank Ms. [redacted] for providing sample pages showing the text variance and the images in question. Those samples were addressed with the printer who advised that the text issues were in the files provided, the images were within the industry standard 10% print variance and therefore not a printer error. These results were conveyed to Ms. [redacted]. She indicated that these issues were not in the galley proof she authorized.
Although we found an offer to connect her with the corrections department to discuss her revision options, our investigation failed to find evidence that her files were referred to or assessed by a production team manager.
To further investigate the origin of the text issues we went back to the final manuscript she had submitted to us for her book on July 14, 2015. We reviewed our production files and compared her final manuscript, the galley she approved in August and the sample page she provided from the printer copy.
Our research found the following:
The submitted manuscript font, Calista mt, was changed at her request to the Andy font, gill sans mt on July 16th for use on both the interior and cover.
The new font was implemented; the initial galley proofs were created and sent to her for approval on July 27th.
She requested revisions for both the cover and interior which were performed and the revised electronic proofs sent on August 6, 2015.
She approved the galley proofs the next day and the book was released to print on August 10th.
Within the manuscript submission some words and first letters of words were designated to be in bold type. A comparison of the manuscript with the galley proof and the sample page confirm the consistency of these words and letters in all three documents.
The darkened letters referenced in her filing are not in her final manuscript submission, they are vaguely visible in the electronic galley proofs if one is specifically looking for them, and highly visible on the sample page of the printed book.
We also printed out the page that was sampled on our office printer using her approved galley file. The darkened letters were again prominent.
We consulted with a Balboa Press production manager who advised that there appears to be an issue within the font itself that should be looked into further.
When working with photos there are many factors that can affect how the image will appear when printed such as the dpi and type of camera used, the age of the photo, the techniques and settings used by the photographer, the way the image was saved, etc. Although the image issues are part of the original photo, the production manager advised that with “tweaking” the clarity could have been improved.
Book Order Release
As stated earlier in our response, Ms. [redacted] had a fulfillment HOLD placed on her book order until she had received and viewed the printer copy. We confirm that once she received the printer copy, she asked to cancel the order and receive a refund. Due to the nature of print-on-demand, there is a no refund policy on book orders. Her book consultant reiterated this to her and suggested that a resolution to the issues with the files should be worked out through the Books Sales Customer Service staff before fulfilling the order. She responded that a resubmission would be necessary for which she did not feel she should incur additional fees. She spoke with the book consultant’s manager about the refund request.
The book order was released with no revisions to the files and we found no written waiver from the author to release the HOLD. As an act of goodwill we have refunded the amount of the book order and shipping costs to the credit card used to make the purchase. The refund was issued through CDI (Content Distributors Inc) via Transaction ID is [redacted] on March 8th.
In conclusion, we apologize to Ms. [redacted] for the release of her book order prior to the resolution of her print file concerns and for any inconvenience or embarrassment it may have caused her. A refund has been issued for the full amount of the book order and should appear on her account within 3-5 business days.
In accordance with Section 10 of her Self-Publishing Services Agreement, her publishing package is no longer eligible for refund. Her agreement was signed on February 13, 2015; its refund eligibility extended for six (6) month to August 13, 2015 and has subsequently expired. Should she desire to reinstate her publishing package, we would be happy to work with her to make the modifications needed to correct the aforementioned text and images at our expense and with her approval resubmit and re-release her title.
On October 22, 2015, at her request, her title’s publication was cancelled at Balboa Press
We hope this letter illustrates the steps taken to address Ms. [redacted]’s concerns.
Sincerely,
Elaine [redacted]
Manager of Author Satisfaction
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined the response would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Regards,
[redacted]
Dear Revdex.com Thank you for the opportunity to further investigate [redacted]’s concerns. Ms. [redacted] states that she did not purchase her publishing package in 2009 using a payment plan, rather paid in full for the purchase. Attached again are the forms Ms. [redacted]’s Publishing Consultant completed at the time of the phone order. Page 3, the Payment Plan Agreement, breaks down the payments into four installments totaling $719, plus a payment plan fee of $30, for a total cost of $749. Also attached is Ms. [redacted]’s Account Activity Report (available to Ms. [redacted] through her Author Center at https://www.authorhouse.com/Login.aspx), also depicting the total payment of $749. Per the evidence above, Ms. [redacted]’s publishing package was paid in monthly installments, and she incurred a payment plan fee of $30. The refund of $719 paid to her represents the full amount she paid for the publishing package. The payment plan fee is non-refundable. Our records show that the refund check for $719 has been received by Ms. [redacted] since our previous response. We trust this information addresses Ms. [redacted]’s concerns. Sincerely, Elaine H[redacted] Manager of Author Satisfaction
Dear Revdex.com,
Thank you for the opportunity to present our side of the case and complete our goodwill refund.
Mr. [redacted] signed up to publish his book entitled “[redacted]” with Xlibris on May 4, 2015. He purchased...
a Black & White Basic publishing package at a promotional rate of $500 and added the Set Your Own Price service at the special rate of $150, making his total purchases $650.
Content Evaluation Guidelines
Content evaluation is a pre-production service that reviews an author’s manuscript to ensure it is in compliance with specified standards for publishing. General guidelines and best practices for these standards are posted and available for viewing on the FAQ page of the Xlibris website via the following link: http://www.xlibris.com/faq.aspx
Mr. [redacted] writes that he was unable to locate these guidelines on our website when he signed his agreement on May 7, 2015. Section 4, Subsection 4.3 of this agreement (copy attached) references that the guidelines are available on our website. The section also explains what steps are to be taken if a manuscript does not comply with our Content Guidelines.
As a result of his statement about not finding the guidelines on our website, we consulted with our web administrator for verification of when the guidelines were posted to the website. The current guidelines were posted on our website’s FAQ section on February 17, 2015. Mr. [redacted] requested that he proceeded assuming that his understanding of the fair use rules in the US Copyright Act would satisfy our guidelines.
Content Evaluation
The content evaluation service reviews all manuscripts submissions for potential risk to the author. These include copyright infringement, libel, privacy issues, original content and content that would cause harm.
Mr. [redacted]’s manuscript included quoted content from published articles from the New York Times and other books. In the absence of written permission from the copyright holder, our acceptable usage allowances for these two scenarios (as published on our website) are:
Quoted article content can be no longer than three sentences or 10 percent of the article.
Quoted book content can be no longer than 300 words.
Mr. [redacted] was given the option of seeking permission for the cited content or reducing them to meet the allowable percentage or word count. He declined both options.
Cancellation
Mr. [redacted] requested cancellation and the refund of the payment for the services he purchased. According to Section 8.3 of the publishing agreement, termination due to non-compliance with the Xlibris content guidelines entitles the author to a full refund less a Content Evaluation Fee of $150. A refund equal to the payments made less the $150 content evaluation fee was issued to Mr. [redacted]’s credit card on July 9, 2015.
Mr. [redacted] disputed the content evaluation charge to our Author Satisfaction Group, and as an act of goodwill was offered a 50% discount on the charge which he accepted. We apologize to Mr. [redacted] for the delay in issuing his goodwill refund. The paperwork was processed and the $75 was issued back to his card on August 10, 2015.
Sincerely,
Elaine [redacted]
Manager of Author Satisfaction
Dear Revdex.com:
Thank you for bringing this matter to our attention and
for the opportunity to present our side of this case.
[redacted] has requested a refund for the New York Times
Media Marketing service and the TV Blast Premium (30 seconds with Book...
Video)
service. The [redacted] service was
initially pur[redacted]d on June 27, 2014, at a rate of $5,899. Mr. [redacted] chose to pay in three monthly
installments, incurring a $30 non-refundable processing fee. On August 30, this service was upgraded to
include the TV Blast Premium service.
The TV Blast Premium service was added for $2,500, a discount from the
usual cost of $4,999. Mr. [redacted] again
chose to pay in three installments, so the cost included an additional $30
processing fee. As these services have
not been completed, refund requests have been processed. These refunds should credit to Mr. [redacted]’s
credit card within 5-7 business days.
Mr. [redacted] also pur[redacted]d a [redacted] service
on September 24, for a cost of $1,500, plus a $30 installment payment
processing fee. The second payment for
this service was declined on October 24, incurring a $30 decline fee. As there is an outstanding balance on this
service, a refund for the [redacted] and TV Blast services would, in part,
go to complete that payment. In order to
ensure that Mr. [redacted] receives a full refund for unfulfilled services, we have
also cancelled the [redacted] service and processed a refund. If Mr. [redacted] would like to continue with this
service, he may contact us to re-pur[redacted] the service once the refunds have
credited to his credit card. A list
detailing Mr. [redacted]’s pur[redacted]s and refunds is attached.
Refunds have been processed for all of Mr. [redacted]’s
uncompleted services and should credit to Mr. [redacted]’s credit card within 5-7
business days. We have also flagged his
account in our system so he will not be contacted with future sales
offers. If Mr. [redacted] would like to
re-pur[redacted] any of his services, he is welcome to do so. Please advise if additional steps need to be
taken for an amicable close to this case.
[redacted]
Global Director-author satisfaction
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait until for the business to perform this action and, if it does, will consider this complaint resolved.
I would like to thank Westbow for considering my case fairly, and thoroughly investigating the details. I certainly understand why this may have been somewhat of a unique case, and why the default response was to withhold the setup fees. But thank you, Westbow, very much for understanding my particular situation and acting in good faith. I certainly respect Westbow's publishing standards and the reasons behind them, and wish your company continued success in publishing Christ-honoring books.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID[redacted], and find that this resolution would be satisfactory to me.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that the response would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I am not satisfied with this resolution becasue as I have contended before, IUniverse misrepresented claims. I have stated that they are more interested in selling products to authors than selling books. Their information to new authors is confusing and hard to follow. The author is exposed to so many people in so many departments that it is hard to understand what is going on especially for a new author unfamiliar with the publishing business. The company's response is well written but does not offer the full story on customer realtions and how to treat new authors. I have felt cooerced into purchasing products and did not understnd the editing process. The claims made in the company's responce about being asked to cut 70000 words from my manuscript are invalid. They asked me to cut down to 70000 words becasue they said new authors should not have books too long. I did that, followed instructions, not understanding that I had complete control over my book. I am still completely dissatisfied with service and am still requesting a full refund. I am prepared to write a very poor review for this company on their website as well as others. I am very disappointed in their responses. Below you will find a screen shot of the email I sent on June 28 which the company says they never received. I copied this email form my sent box. I will send it to them again.I hope the Revdex.com convinces the company to provide a full refund for services for a very dissatisfied customer. Thank you for your time and consideration., [redacted]
Regards,
[redacted]
Dear Revdex.com, Thank you for giving us the opportunity to further clarify royalty earnings for Ms. [redacted]’s titles, the publishing process. Ms. [redacted] confirmed that she recently received a royalty payment of $40.44 direct deposited to her bank account. This royalty payment represents the amount earned per the Sales Informer Report and Payment History tabs of the spreadsheet attached to our response to her original filing. Unreported Book Sales Ms. [redacted] states that she knows more copies of her book have been sold. We would be happy to investigate her statement further; however, to do so, we need concrete figures and identification of the sources of her information. In her rebuttal she alleges that she “can count the authentic purchases from Amazon,” however, she fails to provide details to substantiate her statement. Amazon is part of our distribution network and the sales data they have reported to us appears on her statements as explained in our previous response. In order to dispute the sales data they have provided or any other of our network vendors, we need concrete evidence of missing sales data, such as when the copies were purchased, from what vendor, how many copies were purchased, a copy of an invoice or receipt, or the printer code on the last interior page of the book. She also states that the [redacted] purchased two (2) hardcover copies of her book. We will be happy to look into this claim if she or the [redacted] will provide us enough additional information to identify the order. We are in need of the time period when this order occurred, the retail outlet where the books were purchased or the printer code on the last interior page of the book. As stated previously royalty payments are made quarterly following a prescribed schedule which is posted on our website. Our network print and eBook venders report their sales and royalty data to us and after verification, payments are made in accordance with the terms of our self-publishing services agreement. It is important to note that purchases that shipped from the beginning of 2016 thru March 31st are part of royalty earnings for Q1 2016 with payment in May 2016. Number of Publishing Staff In her rebuttal she expressed frustration with the number of representative working with her throughout the publishing of her book. Because the publishing of a book has many phases that require specialized training, Archway Publishing allocates a team of staff members with expertise in the various phases of publishing to complete the services of an author’s project. The Welcome Package distributed to her in mid November 2014 by her second contact point, her Check-In Coordinator, contained a Road Map showing the steps her manuscript would take on its journey to becoming a book. At each step a specialist with expertise in that area would perform the necessary functions to ready her project to move to the next step. At the next step, the specialist in that area will perform their role and forward the manuscript to the next step, and so on. The number and complexity of the services included in a publishing package will determine the number of steps needed for its fulfillment and subsequently, the number of team members required to complete the project. Hardcover Spine Ms. [redacted] references an error on the spine of her hardcover book, underneath the removable dust jacket. This error was introduced when the pen name in our system was changed to meet the requirements set by the Content Evaluation team, as referred to in the previous response letter. The pen name was correct on the removable dust jacket design file, but the hardcover spine was not updated. When Ms. [redacted] originally brought this to the attention of Archway Publishing Customer Support, upper management was notified and the file corrected at the printer within two (2) business days. As compensation for this error, Archway Publishing refunded Ms. [redacted] the amount paid for her hardcover format as a courtesy. In September the $350 cost of the add-on was returned to the credit card used to complete the purchase and her bank rejected the funds. Subsequently a check was issued and sent to her address of record. In summary, the sales and royalty data reported to Archway Publishing by our distribution network partners for her title has been verified, validated and is accurate. Quarterly royalty payments have been made in accordance with her self-publishing services agreement. In order to dispute the sales reported by our distribution partners, we must present verifiable documentation of a missing sale(s). When Ms. [redacted] submits that evidence we will be happy to initiate an investigation with the vendor. The cost of the hardcover format of her title was refunded in September 2015. All publishing services have been fulfilled. Royalties have been successfully paid in full for all sales reported. Ms. [redacted]’s request for compensation of $500 is denied. Sincerely, Elaine H[redacted] Manager of Author Satisfaction
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this response/resolution is satisfactory to me. As explained to me by Ms. Elaine H[redacted], royalties were paid for 47 softcover and 9 hardcover copies of my book. These books were returned on 10/31/2016. A check in the amount of $450 has been issued, and Ms. H[redacted] stated she would provide a check number via telephone or email. While several services in the AuthorHouse contract were not fulfilled, the contract has been cancelled, effective April 17, 2017.
Regards,
[redacted]