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    Mon, 11 Jan 2010 04:40:01 -0500

Subject :

    RE: FW: AuthorHouse STC & Refund

Date :

    Mon, 11 Jan 2010 04:39:54 -0500

Message-ID :

    <1B265DD670C858448EF90809D024271F49F9BD@asi-bton-exch03.ASI.local>

In-Reply-To :

    <32880491.62761263202036900.JavaMail.www@wsfrf1223>

    FW: AuthorHouse STC & Refund

Thread-Index :

    AcqSoE2fDOqPUi7DSmaTAcym4NcjtgAAZdRg

From :

    "James Cook" <jcook@authorhouse.co.uk>

To :

    <t.wignesan@neuf.fr>

X-OriginalArrivalTime :

    11 Jan 2010 09:40:01.0258 (UTC) FILETIME=[0BBA0CA0:01CA92A2]

 

 Dear Wignesan,

 Due to teh weather in the UK I have been unable to get into the office since our last conversation before Christmas. I will try and get in touch with my colleagues and try and find out what the delay is.

 I hope this helps,

 Kind Regards

 James Cook

Publishing Consultant

AuthorHouse UK LTD

500 Avebury Boulevard

Milton Keynes

MK9 2BE

Telephone: 0800 1974150 Ext: 5906

Fax: 01908 309259

Email: jcook@authorhouse.co.uk

 

AuthorHouse UK Limited, a company registered in England and Wales with company number 05226238, whose registered office is at 500 Avebury Boulevard, Central Milton Keynes, Buckinghamshire, MK9 2BE, UK.

Receive an extra 40 copies of your book inclusive with your publishing package in January.

 From: t.wignesan@neuf.fr [mailto:t.wignesan@neuf.fr]

Sent: 11 January 2010 09:27

To: James Cook

Subject: RE: FW: AuthorHouse STC & Refund

Importance: High

 

Hello Mr. Cook !

 I note with regret that the three weeks are up - since December 18th. - and you have

NOT kept your promise to refund the money still owing.

 I have no choice but to make our correspondence available to anyone interested in the

goings-on.

 Every good wish.

 

T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 

Hello, Mr. Cook !

 Hope the year has started off well for you.

Just thought I might send a reminder about the three weeks

coming to an end. Still no sign of the refund.

 Every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 

Good Morning, Mr. Cook !

 

Thank you very much for your willingness to refund the sum still outstanding.

I shall look forward to it.

 Of course, I regret we were not able to go through with the publishing projects.

 I thank you sincerely for your wishes and hope that this Xmas holiday season and the

NEW YEAR will bring all the success and happiness you deserve.

 Every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 

Dear Wignesan,

 I am going to arrange for the refund of your remaining publishing package. This will take 2-3 weeks to go through and should be in your account in that time.

 I hope this helps and wish you all the best in your publishing endeavours,

 Kind Regards

 James Cook

Publishing Consultant

AuthorHouse UK LTD

500 Avebury Boulevard

Milton Keynes

MK9 2BE

Telephone: 0800 1974150 Ext: 5906

Fax: 01908 309259

Email: jcook@authorhouse.co.uk

 

AuthorHouse UK Limited, a company registered in England and Wales with company number 05226238, whose registered office is at 500 Avebury Boulevard, Central Milton Keynes, Buckinghamshire, MK9 2BE, UK.

Do you want some free marketing?  Authors who sign up in December, even if the book isn't finished, will get a free press release worth £559. Please call me now to reserve your place!

 From: t.wignesan@neuf.fr [mailto:t.wignesan@neuf.fr]

Sent: 16 December 2009 10:18

To: James Cook

Subject: Re:FW: AuthorHouse STC & Refund

Importance: High

 

Good Morning, Mr. Cook !

 I do hope you have now had a chance to speak to your Authorhouse directors and

that a final response is forthcoming. I don't think it'll do any good to dilly-dally any

further.

 Looking forward to the response.

Every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 

Hello Mr. Cook !

 I must congratulate you on your powers of persuasion, but I don't see

why you won't simply refer this matter to the CEO and get his OK on the

amendments to the Terms and Conditions.

 I think you should be able to guess by now that even if 40 million writers

were happy with the T & C, I still wouldn't be. I don't know about Luke Reinhart,

but I'm sure if Ken Russell self-published, it's simply because he wouldn't

allow a traditional publisher to interfere with the text of his book.

 I can see how hard you're trying, but instead of getting round the issues, why

don't you confront the bosses with my claims and complaints. And there'd be

an end to the matter.

 I thank you for your insistence and/or patience - I don't know which though.

 Every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 Dear Wignesan,

 Apologies - should be Luke Rhinehart. He was traditionally published in 1999 and had success with The Dice Man before self publishing with AuthorHouse under teh same T's&C's as all of our other authors.

 Kind Regards

 James Cook

Publishing Consultant

AuthorHouse UK LTD

500 Avebury Boulevard

Milton Keynes

MK9 2BE

Telephone: 0800 1974150 Ext: 5906

Fax: 01908 309259

Email: jcook@authorhouse.co.uk

 AuthorHouse UK Limited, a company registered in England and Wales with company number 05226238, whose registered office is at 500 Avebury Boulevard, Central Milton Keynes, Buckinghamshire, MK9 2BE, UK.

Do you want some free marketing?  Authors who sign up in December, even if the book isn't finished, will get a free press release worth £559. Please call me now to reserve your place!

 From: James Cook

Sent: 11 December 2009 11:44

To: 't.wignesan@neuf.fr'

Subject: RE: AuthorHouse STC & Refund

 

Dear Mr Wignesan,

 Thanks for your email again. I believe that at the moment we are at an impasse. I believe that out T's&C's are fair and if they weren't we would not have 40,000 authors. Would the likes of Luke Reinhardt or Ken Russell publish a book under terms and conditions that rob the author of their rights?

 Kind Regards

 James Cook

Publishing Consultant

AuthorHouse UK LTD

500 Avebury Boulevard

Milton Keynes

MK9 2BE

Telephone: 0800 1974150 Ext: 5906

Fax: 01908 309259

Email: jcook@authorhouse.co.uk

 

AuthorHouse UK Limited, a company registered in England and Wales with company number 05226238, whose registered office is at 500 Avebury Boulevard, Central Milton Keynes, Buckinghamshire, MK9 2BE, UK.

Do you want some free marketing?  Authors who sign up in December, even if the book isn't finished, will get a free press release worth £559. Please call me now to reserve your place!

  From: t.wignesan@neuf.fr [mailto:t.wignesan@neuf.fr]

Sent: 11 December 2009 11:24

To: James Cook

Subject: RE: AuthorHouse STC & Refund

 

Hello Mr. Cook !

 

No answer yet. I think you should just ask the Authorhouse directors or proprietors

to take a look at our correspondence and make up their minds. Or else I could ask

them to do so.

 It's a case of either or, now.

 Every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 

Hello Mr. Cook !

 All the points you raise in your present email we have already discussed in detail, and we are back in square one.

 I think we have arrived at an impasse.

 Of course, I'm certain you will do a good job publishing this one book because as you say you have published some 40000 authors to their satisfaction, but it doesn't change the juridical situation underlying the author-book-publisher relationship.

 I can see you are having difficulty convincing those up above. Let me say this yet once again: Trafford's agreement like almost all other self-publishing houses' is - what the French would say  - "correcte". The Authorhouse agreement is not comparable. If all the authors you have published could read our correspondence, they too will see to their utter amazement what I should have seen just before I hurriedly signed the order form before running out for an appointment.

 The fact that your seniors - and Mr. Bennett - won't agree to forwarding a signed legal document agreeing to my terms is proof enough that they recognise what I'm requesting is valid, and therefore my request is not in their interests as "publishers". At my age, I'm publishing for my heirs. I'll be doing them a disservice if I did what you want without the necessary checks and balances.

 Now, it's up to your employers.

 Every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 

Dear Wignesan,

 Thanks for your emails. As you have now been refunded for all of teh publishing packages bar one may I make a suggestion on our way forward in this situation. Forward me the materials for the book that you would most like to see in print. I will have all the work done and you make a decision from there on how you would like to progress with your remaining books. I feel that we can build a good publishing relationship in time and all we need to do this is to have a certain level of trust for the first foray into the publishing process. As you can see from many retailing sites we have over 50000 titles and 40000 authors who are happy with the definitions raised in the T's and C's. What is in the T's&C's is there to cover both ourselves and you the author. As with many sets of T's and C's you could find clauses that don't qiute fit with what has been done before. As discussed previously you signed a publishing contract with Trafford previously and no problems were present in that process. By experience I can state that AuthorHouse work the same way. The clauses in particular you mention were present in the Trafford agreement (worded slightly differently) but open to individuals interpretation.

 Let me know what you think of my proposal to work through the first book

 Kind Regards

 James Cook

Publishing Consultant

AuthorHouse UK LTD

500 Avebury Boulevard

Milton Keynes

MK9 2BE

Telephone: 0800 1974150 Ext: 5906

Fax: 01908 309259

Email: jcook@authorhouse.co.uk

 

AuthorHouse UK Limited, a company registered in England and Wales with company number 05226238, whose registered office is at 500 Avebury Boulevard, Central Milton Keynes, Buckinghamshire, MK9 2BE, UK.

 From: t.wignesan@neuf.fr [mailto:t.wignesan@neuf.fr]

Sent: 08 December 2009 09:08

To: James Cook

Subject: RE: AuthorHouse STC & Refund

Importance: High

 

Good Morning, Mr. Cook !

 Let's get one thing at least straight: my quarrel is not with you nor with Mr. Cooke. It has got to do with Authorhouse's Terms & Conditions.

 The first question is, if you were really out to publish my books, why did you refund part of the remittance?

 You're right, if there were "publishing agreements" signed, every book would have been published by now.

But, the question is, on what terms? You don't seem to have understood the situation. Authorhouse's one-sided "contract" with authors is just that: one-sided - the author in effect makes a present of his book to the publishing house.

 Under English law, for a contract to be valid, there must be unconditional acceptance by the party buying the service. This is not the case.

 I have proven to you over and over again that "talking" is not a valid action in modifying or amending the original agreement. I have also demonstrated to you that your Terms & Conditions specify that an employee or representative, etc. has not the authority to alter the T & C. You wrote saying that the Business Development Director has this right and that he would either write or speak to me confirming this position. Isn't Mr. Cooke an employee of Authorhouse? Like yourself?

 You said in a previous email, you had referred the matter to your legal department. It is for them or some legally empowered person in Authorhouse to give me a signed undertaking in writing confirming the fact that all our correspondence over the Terms & Conditions be so incorporated into the agreement and in such a manner that the original agreement will remain legally altered by the fresh amendments raised in them.

 I do offer mitigated apologies for the headache I'm transmiting with this email,  but I'm afraid I can't do otherwise.

 Every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 Dear Wignesan,

 My business development director has tried to call on numerous occasions to speak with you about this issue. If we look at the situation in hand I have given my say that what has been said over email regarding the clauses in the T's & C's can be added to the contract and will be valid for your book. He has stated to me that this is correct and is just trying to get in touch with you to confirm this. If you had submitted all 6 books at the time you had signed teh original publishing agreements they would probably be nearly finished by now. I don't know what to suggest from here - unless you will take an email from him that what I state is correct or you can give me a time where it will be feasible for Daniel Cooke to call you and go through all concerns that you have.

 I hope to speak with you soon,

 Kind Regards

 James Cook

Publishing Consultant

AuthorHouse UK LTD

500 Avebury Boulevard

Milton Keynes

MK9 2BE

Telephone: 0800 1974150 Ext: 5906

Fax: 01908 309259

Email: jcook@authorhouse.co.uk

 AuthorHouse UK Limited, a company registered in England and Wales with company number 05226238, whose registered office is at 500 Avebury Boulevard, Central Milton Keynes, Buckinghamshire, MK9 2BE, UK.

 From: t.wignesan@neuf.fr [mailto:t.wignesan@neuf.fr]

Sent: 07 December 2009 19:00

To: James Cook

Subject: RE: AuthorHouse STC & Refund

Importance: High

 

Hello Mr. Cook !

 Still no reply from you. This has become a dialogue of the deaf.

The Business Development Director, Mr. Cooke, hasn't written to me either.

Under the circumstances, it'll best for you to refund all sums still owing to

the following GBP account:

 I repeat this's a GBP account, so don't please remit the sum in euros.

 Bank: CAISSE d'EPARGNE ILE DE FRANCE

 Branch: CRETEIL SOLEIL - 94000 Centre Commercial de Soleil

 Account n°  BIC: CEPA FRPP 751

                  IBAN : FR76 1751 5900 0004 1246 7865 881

 Name: Mr  WIGNESAN   T

 Every good wish and thanks.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 Hello Mr. Cook !

I'm still awaiting a response to my last email. Please see hereunder.

Every good  wish.

T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 Good Morning, Mr. Cook,

 My bank account statement records a refund of 1722,97 euros on November 30, 2009, which translates into 1569,83 GBP.

 Would you mind explaining what is taking place? I thought we were in full discussion over the publication contract and that if ever you had to refund the money I sent (although this was already on the cards), it would have to be sent to my GBP account in another bank.

 Now, where do we stand vis-à-vis the contract?

 Every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 

Dear Wignesan,

 I will have Mr Cooke get in touch with you today either over email or on the phone.

 Kind Regards

 James Cook

Publishing Consultant

AuthorHouse UK LTD

500 Avebury Boulevard

Milton Keynes

MK9 2BE

Telephone: 0800 1974150 Ext: 5906

Fax: 01908 309259

Email: jcook@authorhouse.co.uk

 AuthorHouse UK Limited, a company registered in England and Wales with company number 05226238, whose registered office is at 500 Avebury Boulevard, Central Milton Keynes, Buckinghamshire, MK9 2BE, UK.

 From: t.wignesan@neuf.fr [mailto:t.wignesan@neuf.fr]

Sent: 01 December 2009 10:35

To: James Cook

Subject: RE: AuthorHouse STC & Refund

 

Hello Mr. Cook !

 My reply took off on its own before I could finish.

 So, how do we proceed from here? Shouldn't Mr. Cooke get in touch with me, himself?

 As there's no agreement to which Authorhouse has affixed its signature, I wonder how

we may confirm what you say in your mail.

 Every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 

Dear Wignesan,

 This has been OK'd by our Business Development Director - Daniel Cooke - he has the necessary permissions to add the email conversations to your publishing agreement.

 Kind Regards

 James Cook

Publishing Consultant

AuthorHouse UK LTD

500 Avebury Boulevard

Milton Keynes

MK9 2BE

Telephone: 0800 1974150 Ext: 5906

Fax: 01908 309259

Email: jcook@authorhouse.co.uk

 

AuthorHouse UK Limited, a company registered in England and Wales with company number 05226238, whose registered office is at 500 Avebury Boulevard, Central Milton Keynes, Buckinghamshire, MK9 2BE, UK.

 From: t.wignesan@neuf.fr [mailto:t.wignesan@neuf.fr]

Sent: 01 December 2009 08:14

To: James Cook

Subject: RE: AuthorHouse STC & Refund

 

Good Morning, Mr. Cook !

 How are things over there? Wondering if there's any news from the legal department?

 Every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 

Dear Wignesan,

 Thanks for your email. I have forwarded your reply to our Legal department. I am hoping they will be coming back to me shortly on the possibilities of adding the email with pertinent point to your publishing agreement.

 As soon as they come back to me I will be in touch,

 Kind Regards

 James Cook

 Publishing Consultant

 AuthorHouse UK LTD

 500 Avebury Boulevard

 Milton Keynes

 MK9 2BE

 Telephone: 0800 1974150 Ext: 5906

 Fax: 01908 309259

 Email: jcook@authorhouse.co.uk

 

AuthorHouse UK Limited, a company registered in England and Wales with company number 05226238, whose registered office is at 500 Avebury Boulevard, Central Milton Keynes, Buckinghamshire, MK9 2BE, UK.

 

From: t.wignesan@neuf.fr [mailto:t.wignesan@neuf.fr]

Sent: 17 November 2009 10:06

To: James Cook

Subject: RE: AuthorHouse STC & Refund

Importance: High

 

Hello Mr. Cook !

 Many thanks for the response on Clause 5.2. Your response - if you are "us" or "Authorhouse" -

in actual fact modifies the clause and as such, the Contract, itself.

 Now the question is, Do you have sufficient authority to modify the Contract?

In stricto senso, if you are an employee,member, agent or other representative, you are

not  "authorised to make any representation or warranty concerning the Services unless

expressed by us in writing."

 Corollary: What are "Services" as far as the Contract is concerned?

 Article 2 insists on "us" (just as the second para of the "Introduction" does) as the corporate

entity called "Authorhouse" who may give any undertaking in writing: "Any variation or addition to the Contract must be agreed in writing by us and shall not be binding unless so agreed."

 The question is, Who is "us"? Or who in Authorhouse may modify the Contract?

 Over to you, if you may.

 Every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 Hi Wignesan,

 Thanks for your email. Regarding the exclusivity of the contract. Please see below –

 The content of the book that you present to us is yours to do as you wish. The file that we create upon receipt of your materials is exclusive to authorhouse. This means that you cannot take this file with the AuthorHouse logo and ISBN to a local printshop and run off 5000 copies. Any of this version that is created with our pertinent details in the text is only printable by AuthorHouse and its subsidiary printer.

 I hope this helps,

 Kind Regards

 James Cook

 Publishing Consultant

 AuthorHouse UK LTD

 500 Avebury Boulevard

 Milton Keynes

 MK9 2BE

 Telephone: 0800 1974150 Ext: 5906

 Fax: 01908 309259

 Email: jcook@authorhouse.co.uk

 AuthorHouse UK Limited, a company registered in England and Wales with company number 05226238, whose registered office is at 500 Avebury Boulevard, Central Milton Keynes, Buckinghamshire, MK9 2BE, UK.

 From: t.wignesan@neuf.fr [mailto:t.wignesan@neuf.fr]

Sent: 17 November 2009 06:04

To: James Cook

Subject: RE: AuthorHouse STC & Refund

Importance: High

 

Good Morning, Mr. Cook !

 I'm beginning to understand your difficulty in seeing my point of view. I'm the other party in

this deal, the party which is seeking to protect his rights. I don't see what is wrong in that.

Do you?

 Now, let's take each of the articles and clauses of the contract under discussion or dispute.

For the moment, let's linger on clause 5.2.

 I can't give you "exclusive rights" to print and publish, etc. For one thing, some of the books

under discussion have already been published and therefore some of their rights have

already been assigned to other publishers.

 So, the question is: Are you prepared to modify your contract to make this deal a "non-exclusive" contract? Now, don't tell me you would like to go over this point with me on the phone. There's nothing to go over, if you please.

 Either it's a "non-exclusive" contract to print and publish - as with all self-publishers - or there's no deal at all. This's as simple as that. The other points can be discussed in successive emails.

 Please don't call to make things worse.

 Every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 Hi Wignesan,

 The reason I want to discuss this on the phone is so that I know exactly what the issues with the T’s&C’s are. Once I have all your concerns then I can look to respond in writing and hopefully look to progress.

 If I can give you a call tomorrow morning at 10am then I can ask all the questions that I need to ask you can ask all you need to ask and then I can put everything down in writing.

 Kind Regards

 James Cook

 Publishing Consultant

 AuthorHouse UK LTD

 500 Avebury Boulevard

 Milton Keynes

 MK9 2BE

 Telephone: 0800 1974150 Ext: 5906

 Fax: 01908 309259

 Email: jcook@authorhouse.co.uk

 AuthorHouse UK Limited, a company registered in England and Wales with company number 05226238, whose registered office is at 500 Avebury Boulevard, Central Milton Keynes, Buckinghamshire, MK9 2BE, UK.

 From: t.wignesan@neuf.fr [mailto:t.wignesan@neuf.fr]

Sent: 16 November 2009 16:58

To: James Cook

Subject: RE: AuthorHouse STC & Refund

Importance: High

 

Hello Mr. Cook !

 Why is it so very difficult to respond in writing? I do not think speaking about legal issues

can resolve any problem. As I said earlier on, I have no qualms about speaking to you in

person, but I'm afraid your contract doesn't allow any verbal explanations as valid modifications of the same.

 Please answer in writing, and then we can proceed further from there. That is at least what

one might legitimately hope for given these circumstances.

 Every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 

Hi Wignesan,

 I have tried to call you daily since receiving your email. I tried at least four times on Friday to speak with you on the phone. I will try and call you this afternoon to go through your email.

 Kind Regards

 James Cook

 Publishing Consultant

 AuthorHouse UK LTD

 500 Avebury Boulevard

 Milton Keynes

 MK9 2BE

 Telephone: 0800 1974150 Ext: 5906

 Fax: 01908 309259

 Email: jcook@authorhouse.co.uk

 AuthorHouse UK Limited, a company registered in England and Wales with company number 05226238, whose registered office is at 500 Avebury Boulevard, Central Milton Keynes, Buckinghamshire, MK9 2BE, UK.

 

From: t.wignesan@neuf.fr [mailto:t.wignesan@neuf.fr]

Sent: 16 November 2009 13:24

To: James Cook

Subject: RE: AuthorHouse STC & Refund

Importance: High

 

Good Afternoon, Mr. Cook,

 Looks like you're far too busy. Would appreciate your responding to my last email.

 Every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 

Web URL: http://stateless.freehosting.net/menupage.htm

 

Hello Mr. Cook !

 I'm back after consulting my bank. I have an idle GBP account in another bank, so transfer

of funds directly into my account will not pose a problem, according to the bank officials.

But there will be charges and commissions levied. To remit the required payment for the

books, I had to pay conversion charges and a 2.2% commission.

 The way I see it, if we are still going ahead with the first book - according to your proposition

of trying book after book to see how things progress - I think it'll be futile to run up charges

rightaways by going through with the refund. If I had to remit the same sums again, I'd be

re-paying the same charges and commission.

 As I told Mr. Eugene Hopkins the other day when he called (I was in the middle of cooking

my dinner), the Standard Terms and Conditions did/do not take into account the author's rights.

Besides, the terms are couched in some ambiguous phrasing. For instance, the second

paragraph of the "Introduction" in the preamble (likewise Article 3) goes like this:

 " None of our employees, members, agents or other representatives are authorised to make

any representation or warranty concerning the Services unless expressed by us in writing."

 

Who is "us"? It turns out that "us" happens to be Authorhouse. In other words, you as a

consultant (I told Mr. Hopkins that I had not seen your contract of employment with Authorhouse) who has been engaged in giving me assurances in writing for the modifications to the STC that I wanted may not be empowered by your employer as one of "us".

 The only way to proceed is for you to give me an undertaking that you possess the necessary

authority to agree to the changes and modifications I want in the STC, and we can begin by

noting that, as a priority, I want  a non-exclusive contract and that all the correspondence

calling into question or amending in part or in whole the the terms and conditions of the

STC, in particular,  clauses 4.2; 5.2; 6.5; 6.9; 6.11; 7.2; 7.8; 7.12; 7.16; 8.1; art. 11; 19.2; 19.3;

19.4; 19.5 shall be integrated into the contract.

 I have to take these precautions. I have a feeling when the book goes through all my qualms

would turn out to be chimères.

 Looking forward to your response.

 Every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 

Hello Mr. Cook !

 How are you? Many thanks for the email. I'll check with my bank and let you know tomorrow.

Everything's closed (I think?) for Armistice Day over here.

 Every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 

Web URL: http://stateless.freehosting.net/menupage.htm

  

Dear Wignesan,

 Thanks for your email. I have processed the refund for your 5 books. This has gone through. The problem I have is the method of delivery of the refund to you. The options I have are the following –

 Payment to a credit/debit card

 Cheque in GBP

 I am unable to process a bank transfer unfortunately,

 If you could reply to me with the best method for you that would be great,

 Kind Regards

 James Cook

 Publishing Consultant

 AuthorHouse UK LTD

 500 Avebury Boulevard

 Milton Keynes

 MK9 2BE

 Telephone: 0800 1974150 Ext: 5906

 Fax: 01908 309259

 Email: jcook@authorhouse.co.uk

 AuthorHouse UK Limited, a company registered in England and Wales with company number 05226238, whose registered office is at 500 Avebury Boulevard, Central Milton Keynes, Buckinghamshire, MK9 2BE, UK.

 From: t.wignesan@neuf.fr [mailto:t.wignesan@neuf.fr]

Sent: 11 November 2009 09:01

To: James Cook

Subject: RE: AuthorHouse STC & Refund

Importance: High

 

Good Morning, Mr. Cook !

 Could you, please, bring me up to date on the situation with the contract, refund, etc.?

 Every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 

Hello Mr. Cook !

 Thanks for the mail. I've just found my Trafford file, and a quick run-through the Publishing Agreement did not show up similar 5.2 and 7.2 Authorhouse clauses, unless I'm mistaken. Trafford's by far more respectful - if you don't mind my nit-picking - of the author. Besides, Trafford states clearly that the agreement is non-exclusive which is what I want.

 I'll have to think about which book I want published with you. I'd need some time to be able to do this properly.

 Every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 

Hi Wignesan,

 Thanks for your email. I will try and have this refund processed as soon as I can. The average timeline to make the book available is 3-4 months. There have been occasions when this has been completed in 4-6 weeks. Once we have the materials then I will know in more detail the timeline of that specific book.

 I hope this helps,

 Kind Regards

James Cook

Publishing Consultant

AuthorHouse UK LTD

500 Avebury Boulevard

Milton Keynes

MK9 2BE

Telephone: 0800 1974150 Ext: 5906

Fax: 01908 309259

Email: jcook@authorhouse.co.uk

AuthorHouse UK Limited, a company registered in England and Wales with company number 05226238, whose registered office is at 500 Avebury Boulevard, Central Milton Keynes, Buckinghamshire, MK9 2BE, UK.

 

From: t.wignesan@neuf.fr [mailto:t.wignesan@neuf.fr]

Sent: 03 November 2009 11:11

To: James Cook

Subject: RE: AuthorHouse STC & Refund

Importance: High

 Good Morning, Mr. Cook !

Many thanks for the response. I don't have the Trafford document close at hand,

but I'll check it when I can. I remember that it was by no means as voluminous as

the present Authorhouse STC.

Be that as it may, I find your present proposition reasonable. And certainly worth a try.

Then, do please go ahead and process the two-thirds refund, but NOT to the number

you have of my VISA Card. That card isn't valid any more. And there's already a mess-up

brewing over the new card. My account number is as follows:

Name:  MR  WIGNESAN

[Account number deleted here] 

Should things work out, then for the other books I'll pay in sterling.

As for the book or books to be published by you, should they have to be different from

those already published by Cyberwit.net?

Incidentally,  there was no timetable mentioned anywhere as far as I can remember.

I was moving around a lot since we last spoke.

Every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

  

Hi Wignesan,

 Thanks for your email. I have tried to call at least twice a day since I received the last email you sent. I am unclear as to how our standard Terms and Conditions are a total abuse of the authors rights.

 Why don’t we look at publishing just one of your books ( I arrange a refund of 2/3 of the money you have invested so far) If this goes well then maybe look to do something else with other books that you have written.

 You signed a Trafford contract that had exactly the same 2 clauses as these. There were no complaints at the signing stage and only when the charges issue came up on the previous book did we have a problem.

 Every company in their terms and conditions include the clause “We have the right not to provide these services….”

 I look forward to speaking with you soon on the subject of your books,

 Kind Regards

 James Cook

 Publishing Consultant

 AuthorHouse UK LTD

 500 Avebury Boulevard

 Milton Keynes

 MK9 2BE

 Telephone: 0800 1974150 Ext: 5906

 Fax: 01908 309259

 Email: jcook@authorhouse.co.uk

 AuthorHouse UK Limited, a company registered in England and Wales with company number 05226238, whose registered office is at 500 Avebury Boulevard, Central Milton Keynes, Buckinghamshire, MK9 2BE, UK.

 

From: t.wignesan@neuf.fr [mailto:t.wignesan@neuf.fr]

Sent: 03 November 2009 10:22

To: James Cook

Subject: Re:AuthorHouse STC & Refund

Importance: High

 Dear Mr. Cook,

 I have still not had a response from you to my last email (see hereunder please).

 My position is quite clear. I find the Authorhouse STC agreement a total abuse of

the author's rights. As such, I don't consider myself bound by the Authorhouse contract.

 You want the opportunity  to go over the Terms and Conditions by phone. The "Introduction"

in the preamble clearly states that none of the employees, etc., at Authorhouse is authorised

"to make any representation or warranty concerning the Services unless expressed by us in

writing."

Awaiting your response.

Every good wish.

T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 

Good Morning, Mr. Cook !

 Thank you very much for stating that you would be prepared to refund all sums debited

on my account.

 I have no objections to talking with you personally. The end-result  - taking

into account what I have been saying in my emails ever since I rushed out without taking the time to read the STC à tête réposée just before sending the order form on the 21st  - will be/should be the same: I cannot accept in toto the terms and conditions of the STC contract. No author or prospective author will or should. You say Authorhouse has published 40.000 writers. Either they have no knowledge of the law or they simply don't take their writing careers seriously.

 I'm really surprised Authorhouse dares to sign up authors on those terms and conditions. You will please note I objected to clause 7.2 and others when sending the Order Form, and my query and subsequent rejection of your explanation is enough proof that I was not going to accept the terms and conditions of the contract. Besides, the Order Form in itself isn't a valid enough document.

 From the looks of it, you have no end of writers willing to publish with you, so why bother with someone like me. Just ditch me, and you'll have that thorn stuck in the awkward place ejected once and for all.

 No hard feelings and every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 

 Dear Wignesan,

 Thanks for your email. I would like to have the opportunity to go over on the phone your concerns regarding the Terms and Conditions. If the end result of that conversation is that you would still like a refund then I will be more than happy to process the refund for you at that point.

 I look forward to hearing from you,

 Kind Regards

 James Cook

 Publishing Consultant

 AuthorHouse UK LTD

 500 Avebury Boulevard

 Milton Keynes

 MK9 2BE

 Telephone: 0800 1974150 Ext: 5906

 

Fax: 01908 309259

 Email: jcook@authorhouse.co.uk

 Registered in England & Wales

 Registered number: 05226238

 Registered office: Bedford House, 21A, John Street,

 London, WC1N 2BF

 From: t.wignesan@neuf.fr [mailto:t.wignesan@neuf.fr]

Sent: 27 October 2009 20:09

To: James Cook

Subject: re: Refund

Importance: High

 

Hello again!

 Your other spam-email of today asks for an appointed time to discuss the issues at stake.

I don't see the virtue in discussing anything when the dispositions of Clause

19.5 of the Standard Terms and Conditions make it plain that the agreement/contract "supersedes all prior oral or written agreements" and, according to Article 18 the "Terms shall take precedence"..

 Let's put an end to this needless argument by a full and complete refund.

 Every good wish.

 T.Wignesan

 

Dear Mr. Cook,

 I just found two emails as spam-mails from you.

 I didn't get the email dated 22-10-09 you said you sent. I have already asked my bank

to claim the sum you debited from my account.

 I have made it clear that I cannot publish any book with Authorhouse whose agreement

couched in the Standard Terms and Conditions you provided is totally inacceptable to me.

 Your explanations re the clauses 5.2 and 7.2 does not make any sense to me as an author,

though you add that Authorhouse would, if it thinks fit, refund the money received from  the

author(s). In that case, why didn't Authorhouse include this affirmation in the STC?

 I suggest you refund the sum debited, that is, 2714,37 euros without delay.

 I don't see the virtue of discussing anything on the phone when the Standard Terms and

Conditions nullify any such communication.

 I'm afraid you misled yourself into thinking that I wanted you to go ahead with the books.

 Thanks in advance and every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 

Dear Wignesan,

 Thanks for your email. I emailed you earlier today in response to the first email I received. As stated then the payment was put through for £2400 on the 21st October on your instruction. I notified you on the 22nd October that the payment had been accepted and would be showing on your account within 72 hours/3 working days. When you emailed me regarding the terms and conditions I mailed you by return what the two clauses you were concerned about meant to you. Your response to this in email format led me to believe that you were happy to go ahead with the options. At no point in the email conversation did you instruct me to stop any payment made. As it stands at this moment in time I was awaiting you to send me your manuscripts to turn into book format and make available worldwide.

 I am unsure why now you are saying that I have taken this sum illegally.

 

Kind Regards

 James Cook

 Publishing Consultant

 AuthorHouse UK LTD

 500 Avebury Boulevard

 Milton Keynes

 MK9 2BE

 Telephone: 0800 1974150 Ext: 5906

 Fax: 01908 309259

 Email: jcook@authorhouse.co.uk

 Registered in England & Wales

 Registered number: 05226238

 Registered office: Bedford House, 21A, John Street,

 London, WC1N 2BF

 From: t.wignesan@neuf.fr [mailto:t.wignesan@neuf.fr]

Sent: 27 October 2009 14:08

To: James Cook

Subject: RE: submission information form and bank details

Importance: High

 

Dear Mr. Cook,

 I have just been told by my bank that the sum you debited amounts to 2714,37 euros.

If I don't hear from you by return, I'll take it that you have appropriated the sum illegally,

and therefore I shall resort to all measures available to make you reimburse me.

 

You are quite simply at fault. If I were you, I wouldn't take such an unnecessary risk.

 Every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 

Dear Mr. Cook,

 I have just seen that you have debited my account to the tune of 2980,19 euros,

a rather arbitrary move on your part.

 I have already told you in my last email that I can't accept your "publisher's agreement"

as a valid contract.

Do, please, therefore have the kindness to return the money to me as soon as possible.

Every good wish.

T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

Web URL: http://stateless.freehosting.net/menupage.htm

 

Hello Mr. Cook !

 

Very many thanks for the explanation. I'm willing to accept your interpretation

as the only one possible, but I'm afraid looking at the clauses purely from the

juridical point of view, they lend themselves to other more constraining - for the

author - interpretations.

Clause 7.2, quite frankly, vitiates the contract. Your legal team ought to know that.

At least, it would under most systems of law. It's tantamount to the seller saying: "Alright,

if you pay the right price for this apple, you may have it ", but once the money passes into

his hands, the seller could just as well gobble it down himself and tell the partie lésée

he didn't quite take note of clause 7.2. I realise it's not as easy to gobble up mss as

apples, but that's the general idea.

And as for clause 5.2, I agree it reassures the publisher, but it leaves the author without

a leg to stand on. There are besides several similar clauses in the agreement which

shear the author of all rights.

Trafford, if I remember well, had a less restrictive agreement. And so do other self-publishers.

Why does Authorhouse then want to strip the author of all forms of self-defence? When

I re-read the agreement, I felt completely naked. Authorhouse can do what it wants with the

author. That's not a fine way to establish an author-publisher (one can't do without the other)

relationship.

Every good wish.

T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 

Web URL: http://stateless.freehosting.net/menupage.htm

 

Hi Wignesan,

Thanks for your email. I think it would be good to talk through these two clauses over the phone. I have just tried to call you and couldn’t get through. Please find below my thoughts on the clauses that you mention below –

5.2. This refers to the file that we produce including the AuthorHouse logo, ISBN, etc. It does not mean that we expect to be the only publisher of your work or that you have to work solely with us.

7.2. This clause was inserted to protect us from any libel issues that may arise upon a legal check. Obviously at the moment an author signs the publishing agreement we are yet to view their manuscript. Once these come through to us and are put through to the legal team if they are found to contain text of a nature that could be considered libellous, cause racial incitement, etc we are with this clause able to terminate the contract and return all monies paid.

I hope this helps,

Kind Regards

James Cook

Publishing Consultant

AuthorHouse UK LTD

 500 Avebury Boulevard

 Milton Keynes

 MK9 2BE

 Telephone: 0800 1974150 Ext: 5906

 Fax: 01908 309259

 Email: jcook@authorhouse.co.uk

 Registered in England & Wales

 Registered number: 05226238

 Registered office: Bedford House, 21A, John Street,

 London, WC1N 2BF

 From: t.wignesan@neuf.fr [mailto:t.wignesan@neuf.fr]

Sent: 22 October 2009 11:18

To: James Cook

Subject: Re:submission information form and bank details

Importance: High

 

Dear Mr. Cook,

 I'm back. I just realised that I was wrong in thinking that your agreement - as to be expected

with self-publishers - was a non-exclusive contract. Clause 5.2 of the Standard Terms and

Conditions quite clearly requires that the author grant to the publisher "exclusive" rights. This,

I'm afraid, I can't do. Besides, as you know, the books ear-marked for publication with Authorhouse have already been published by Cybewit.net in India.

 Looking forward to your response. I'd rather we remained in touch by email.

 Every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 

Good Morning, Mr. Cook,

You said you would call. I'm afraid I was out yesterday afternoon and shall be again today.

In the meantime, I have had a chance to go through the "Standard Terms and Conditions",

and I must say (perhaps this's due to my own legal training or rather study) I find several

clauses, in particular 7.2, quite forbidding in a non-exclusive self-publishing agreement.

 Quite frankly, I would even question the legality of clause 7.2 in such a contract.

 If I asked myself whether the "author" in such an agreement has any worthwhile claims

vis-à-vis the publisher, I would necessarily have to draw a blank.

 I have therefore been turning things over in my mind, and I think the best way one can

proceed from here is to see how our (author-publisher) relationship develops and in

what manner the products I'm buying will turn out to our mutual benefit.

 As such, I think I must opt for the original offer you made of FOUR books in the October

deal/proposal and see if the production and sale of these books are to my satisfaction.

 We can always re-negotiate from there once these four books are out.

 I do hope this will meet with your approval, and I fully well realise that you were not the

author of the Terms and Conditions. It's been a real pleasure dealing with you in person.

 Looking forward to your response and with every good wish as usual.

 Sincerely,

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

 Web URL: http://stateless.freehosting.net/menupage.htm

 

 Hi Wignesan,

 Please find attached a copy of the Submission Information form which would need to be completed for each book. Please return a copy of this with each manuscript you send to me.

 Also below are our bank details for an international transfer.

 International Money Mover

Bank: Lloyds TSB

Business Name: AuthorHouse UK Ltd

Account Number: 03707372

Sort Code: 301553

BIC Number: LOYDGB21052

IBAN Number: GB38 LOYD 3015 5303 7073 72

Please quote your name in the reference field.

 As stated on the phone we would need the transfers to occur around the 12th of each month for the payment plan.

 Kind Regards

 James Cook

 Publishing Consultant

 AuthorHouse UK LTD

 500 Avebury Boulevard

 Milton Keynes

 MK9 2BE

 Telephone: 0800 1974150 Ext: 5906

 Fax: 01908 309259

 Email: jcook@authorhouse.co.uk

 Registered in England & Wales

 Registered number: 05226238

 Registered office: Bedford House, 21A, John Street,

 London, WC1N 2BF

 

From: t.wignesan@neuf.fr [mailto:t.wignesan@neuf.fr]

Sent: 21 October 2009 11:08

To: James Cook

Subject: Re:payment plan form

Importance: High

 

Hello Mr. Cook !

 I'm enclosing as attached files two items:

 1. The duely filled and signed Authorhouse Order Form;

2. A letter containing the payment details.

 Do you actually want me to send SIX copies of the same order form?

 I had a quick look at the Standard Terms and Conditions you sent.

I find clause 7.2 rather strange. I thought it was understood that you do

provide the services for which Authorhouse is in business. Kindly explain.

 Please confirm receipt of payment, etc.

 Every good wish.

 T. Wignesan

Centre des Recherches: CERPICO & CREA,

B.P. 90145,

94004 Creteil Cedex,

France

Web URL: http://stateless.freehosting.net/menupage.htm