Next Century Publishing

Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and find that this resolution is satisfactory to me Regards, [redacted]

Complaint: [redacted] I am rejecting this response because: As stated by the business, there are facts that have no been properly discussed/described.As requested by [redacted] ***, I turned the CaringBridge pdf journal into a word document for [redacted] to "review" I was never told it would go to layout, I was never asked if I gave my "final" acceptance of the book in terms of it's content I was simply told it was for Simon to review.I inquired several months later as to the status of the "review" and was told I had given final approval and that the book was now in layout Nobody asked me about how the "journal" was layed out as a book, what the whole CaringBridge site was about Once I explained that to Simon he sent it back to layout Each time I was given a rendition to "proof" there were font inconsistencies and heading issues Once I finally gave my full approval, it finally went to a "proof-reader" who made comments and recommended changes to what was a "raw journal" Simon and I then had conversations about what to keep and change Delays also occurred when employees left NCP and I wasn't notified When I hadn't heard from [redacted] for > months I was told she was no longer with the company when I called the office in Vegas Once a year had passed, I started to inquire about the cover I was told for months (by Simon) that I would be getting some starting ideas and when I finally did, the designs really had nothing to do with the book content I spent $and many hours of time to have birds painted on a canvas and have the whole thing professionally photographed to be used as the cover Finally, once I had given complete approval, and the cover had been sent, there were months of "printing delay", at which time my "launch date" was changed times over months My followers that were awaiting the book launch were kept waiting, and waiting I was told it would launch 8/but got an email on 8/that the book was for sale now I did my own launch on FaceBook and it began t sell nicely One of the worst parts of this ending is that the description on Amazon that was done by NCP included the name of the book from a suggestion from Simon before I actually named the book to his liking It was embarrassing and it was commented on by a buyer I was told it couldn't be changed for several days I request a half refund ($1500.00) and my digital file End of story - I never submitted a whole 'nother book Regards, [redacted] ***

Hello [redacted] We are sorry you are not satisfied, and I will fully agree to release you and your bookAs per your royalty report you receive every month, you are only owed $148.99, so we will send that to you As far as the shipping charges for your books, I am willing to pay half of that, as you did receive your books, and it did cost us the shipping, so that is an additional $63.65.We will ship your books the address you specify, please email me that address We will not charge you shipping for this shipment.We will remove all listing that we have for sale, and you can list the book yourself.Please let me know if this is satisfactory, so we can get started on this.Thanks you, [redacted] PresidentNext Century Publishing

Not that I agree with your assessment of the day cooling off clause, but because, there is no benefit to either of us continuing on in the business agreement, I concede and will offer what you want.I will send you within days a Standard Publishing release document, which will end our contract, and oblige us to hand over source files, as they are currently, print ready files, and a refund of your printing invoice.If we are not printing the book, I am not spending more costs changing the source files, you guys can do that yourselfThank you,

After carefully reviewing Mr [redacted] ’s email dated 8/21/ 2017, we have the following comments regarding the dispute I.DNo [redacted] On July 23, at 6:AM, Mr [redacted] ***, CEO of Next Century Publishing, wrote “We do not cancel and refund projects where work has already been done.” To this statement, our answer is: The printing process has not been doneIn this connection, it should be reminded that NCP has been paid $4,for the work its Staff has done and the prepaid $Therefore, the Sponsor is entitled to be refunded the amount of $earmarked for the printing processAs a matter of fact, we have not signed the Author Approval Form - Final Layout and Cover Approval FormDocx, 53K - sent to the Authors on Mon June 26, at 12:PMTherefore, the Sponsor and the Authors are not bound by any specific agreement authorizing NCP to go ahead with the printing of the bookIn our democratic American society, no one would agree to pay a work that even has not been started; and therefore, the vendor must return the portion of pay-in-advance money, earmarked for printing, to the consumer if the latter is not happy with the vendor’s work up to this pointFurthermore, if the vendor claims that the Contract stipulates that he has the right to go through the three phases of book publishing, namely copy editing/layout phase, the printing phase and the marketing phase, all the way to the completion of the book publication process, why had NCP only insisted on the prepayment before each phase was started? Inversely, why NCP did not make the Sponsor pay the entire basic expense for the book publication and marketing in one lump sum, right from the beginning? Furthermore, the denial from the part of Mr [redacted] for not having received the Authors’ two (2) phone calls with messages left on his voice mail with personal voice of recorded self-int***uction and instruction on Mon July 17, 2017, the 1st one at 1:PM and the 2nd one three hours later, is very problematic, as the Authors have indeed, the telephone log of these two (2) callsOn Jul 25, at 8:AM, in his e-mail, Mr [redacted] , President of Reader’s Legacy, Incstated that “ this contract says Next Century Publishing will p***uce, Print, and list your book for sale.” The Sponsor and the Authors found no provision in the Contract stating that NCP could force them to go through with the printing process regardless of the Quality of NCP’s prior work, i.eunacceptable Copy Editing and Layout and the lack of an adequate communication system with the consumerThis issue has already been pointed out in our complaint to Revdex.com dated Aug 8, In the e-mail dated Tue Jul 25, at 8:AM, Mr [redacted] , in the 2nd paragraph, stated “ our p***uction costs reflect the face (fact) that you will also print your book with us, and we will sell your book earning the royalty split that is in your contractThat is how a publisher make(s) money in the two-year agreement.” To this statement, the Sponsor as well as the Authors respond as follows:If Mr [redacted] ’s statement reflects the implication based on precise words in the Agreement stating that the Sponsor and the Authors must go through with the entire p***uction, meaning to the Sale phase, by specifically allowing NCP to perform all services prior to the completion of the book p***uction, they want NCP to point out where this statement is written in the ContractI, the Sponsor, want to go back to the “Right” section, Paragraph “B” of the 1st page of the Agreement signed on Oct 31, Let’s dissect 2nd line of the Paragraph “B” in its entirety: First, let us go over the sentence: “You have the right to opt out of this agreement at any time with days written notice.” If Mr [redacted] interprets this sentence “as a standard cooling off clause”, (see his e-mail dated July 26, at 6:AM) why these words – commonly used in contracts between Service Provider and Customer -- are not written as such in the contract? If Mr [redacted] contended that the above sentence refers to a “cooling off” period, why these two words are not written explicitly in the agreement? These simple American English words do not reflect Mr [redacted] ’s interpretationIn my opinion, the parties in a contract must interpret the words in a legal manner and not based on biased personal interpretation Secondly, the three words “at any time” means any time during the progression of the book publication project And thirdly, the words “ with days written notice” means any of the parties must give notice of termination days in advance, period! In conclusion, the Sponsor would suggest that the NCP Directors should: Terminate, in writing, the Self-Publishing, Marketing & Distribution Services Agreement without delay, as we had requested on Sat, Jul at 8:PM and on Thu, July 27, at 5:PM, Not insist on having the book printed through NCP; we do not want NCP to “print and ship” to usWe just want the refund $and let NCP keep the $4,399.00, Surrender to the Sponsor and Authors the “print ready files, without NCP Name or Logo on them.” In the opinion of this Sponsor, the longer NCP Directors insist on printing the book and keep the prepaid $earmarked for the printing process, the greater the NCP’s reputation would be adversely affectedDon’t we want to keep our professional integrity and fairness intact? The parties could come up with an amicable settlement and move on

Hello [redacted] I think your explanation of the time it took to publish the book, left out one part, the unfortunate passing of your co-author, and the delay that took Estimated timelines in books are never set in stone, as the contract also says, sometime it takes longer.Your book has been a great success, and not by luck, 95% of books published without marketing will sell copies Our marketing team really pushed the book pre launch and to date you have sold copies, that is huge Once we saw what was pre selling your book, we had to pump money into that area to get even more sales And your book is still performing well, with only return copies in the first months.Yes, our company went through many changes and hurdles this year, and many communication problems, I do admit that, and yes you are right, we still have some work to do on the marketing of your book, and this fall is a great time to address that, for a second wave of selling.I do apologize for not seeing your email this past July.I will discuss with [redacted] , our new Marketing Director, your marketing package and deliverable's, and get you added to the Publicity list this fallShe will reach out to you this week.Your first royalty check will be due next month, and it will be around $8,000, which is great for a first time author

Complaint: [redacted] I am rejecting this response because I have audio files and inventory records that I can forward to Revdex.com to prove that even though my first shipment of books came to my address, the second shipment of books--which I have written proof that I can forward to Revdex.com--I did not order and NCP sent to another addressThe cost for USPS to find and forward the books to my address was $Mr [redacted] agreed to pay the costSince I did not order the books, it is not fair that the shipping was taken out of my royaltiesI was charged $as is shown on the line from NCP's invoiceSince I have a written list that can be held beside the contract from NCP showing breaches in marketing that I paid for, it seems that Mr [redacted] would jump at the opportunity to settle to pay the full $and be pleased that I have not yet stood my ground and requested marketing services or return of fees charged for marketing services contracted and not completedAs I have not yet pursued this breach, returning my royalties taken for shipping ($125) and the return of forwarding cost ($79.40) seem to be a good settlement [redacted] 0% - I have record of all I have listed above from Mr [redacted] 's agreement via audio, NCP contract and a list of breach, as well as NCP's InvoicesThe latest royalties invoice is from AprilI request the following to consider settlement:books remaining in warehouse sent to my address without shipping costfull royalties of $PLUS royalties from May and June [$reimbursement for shipping to wrong location + $shipping for books not requested + other royalties through April LESS warehouse expenses = $353.39]stopping ebook sales on Amazonrelease from contractI will provide audio and written proof of anything requestedI will make public statement that several of the employees for NCP have been most helpful and sympathetic to this endeavor and it's challenges They have acted most professionally, even as they have written in emails to me (again, I have written proof) that they are not allowed to act or react to my needs without approval by Mr [redacted] I think Mr [redacted] himself had good intentions, but somewhere intentions have gone awry Regards, [redacted]

Complaint: [redacted] I am rejecting this response because: I am waiting for the response from the businessI want a response from the business ASAP, as I have been waiting to hear a response already for over ten days Regards, [redacted]

Hello Dean, as I have written and explained to the Authors, the publishing deal contains aspects, p***uction, printing and salesOur prices are based on us making money on all three parts.Yes, the day clause under the terms, is a standard cooling off clause, and means days from the date of the agreement A publisher would be crazy to let authors leave at ant time during the contractI will go one step further I will p***uce print ready files, without our name or logo on them, you approve, we print and ship to you, and the contract is overSo in essence, you and the authors will be publishing your own bookSo I am giving up our rights to royalties on the book.This can happen within days if you agree I believe it is a fair solution to this situation, and the book is done, just needs to be printed

I did sign it, sent it back to you with your files two days ago

I am sorry for the delay in responding, as I have been on Vacation, I will prepare a response for early next week [redacted]

[redacted] did send me an agreement to sign to pay my book royalties and end our contractHowever, he omitted the name of my co-writer, and there were two places in the contract he drafted that allowed no protection for me to receive the books I have already purchased or to ensure I am not charged again from my royaltiesThus, Friday, July 28, I asked that the contract be completed I have not heard back from [redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me
Regards,
*** ***

The customer and the company have come to a resolution on this, a Release Document has been signed, and we are moving forward

I am rejecting this response because I cannot see the additions that I have requested concerning proof of safe shipping and no further cost with all royalty intactYes, our contract has both the names of *** *** *** *** ***When I can see your proposal written to verify that I will receive my books without damage (as happened in the first shipping) and without shipping cost (as happened when you sent books to an incorrect address) and both author names (for the benefit of NCP since NCP made an agreement with both of us), then I will sign and approve your actionDue to "mishaps" by your company, it is most prudent that I protect myself and pay close attention to the wording of your contract of dismissalI plan to leave my interaction with your company on a positive and professional note to benefit both authors and your company

Complaint: ***
I am rejecting this response because both authors of the book have signed in agreement to *** ***'s proposal, but we have not received a copy of his signature on the agreement in returnI DO believe he will move forward with the agreement, but I cannot in truth sign that all has been rectified until I have his signature on the agreement as he has ours
Regards,
*** ***

We are sorry for the delay in shipping The books will be shipped March and the tracking number will be sent directly to Mr*** via emailWe have also issued Mr*** $as requested

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me. *** *** did not originally sign, but he has at this pointIn his defense, he has a heavy workload, and it's easy to attach a wrong fileI am satisfied with the signed copy he has attached here, and I appreciate all parties involved to rectify this situation*** *** has shown good and complete effort to uphold the company's effort and name in this matterI much appreciate his willingness and time.
Regards,
*** ***

I am having the draft done up, and did your original contract have both names on it?

Complaint: ***
I am rejecting this response because I cannot see the additions that I have requested concerning proof of safe shipping and no further cost with all royalty intactYes, our contract has both the names of Jimmy Adams and Brenda ***When I can see your proposal written to verify that I will receive my books without damage (as happened in the first shipping) and without shipping cost (as happened when you sent books to an incorrect address) and both author names (for the benefit of NCP since NCP made an agreement with both of us), then I will sign and approve your actionDue to "mishaps" by your company, it is most prudent that I protect myself and pay close attention to the wording of your contract of dismissalI plan to leave my interaction with your company on a positive and professional note to benefit both authors and your company
Regards,
*** ***