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Contract Clauses

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  • Nobody would willingly sign a contract with onerous clauses.  However, it is easy to be gulled by what appears to be a very fair and reasonable clause.  Take this example from the standard POD contract issued by UPSO Ltd:
    “The Author may cancel this agreement at any time with a minimum 30 days notice to The Publisher.”
    And in the same contract:
    “The parties may terminate this Contract by serving on the other one month’s written notice of termination.”
    What could be fairer than that?  Well I have been trying to cancel my agreement with UPSO Ltd for months without success.  My book is averaging retail sales of 25 copies a month and I have not received any royalties for over two years.  The Publisher is simply pocketing the money himself and obviously intends to go on doing so ad infinitum.  So what good is any clause if one party simply ignores his own contract?  Be warned! 
  • It's still a contract and if he is breaking it, he can be sued.

    Where is the publisher based?
  • Absolutely. That's why you signed in the first place. Make legal enquiries to a solicitor as soon as you are able, MrSherlockHolmes.
  • Thank you, friends, for your comments.  However it is not as simple as you think and you would be wise to look at the threads called "Self-publishing to mainstream publisher" and "UPSO publishing - anybody had any problems?"
  • Can't you report this to the police as theft? Of course this may be a civil matter which alters things.
    Know anyone specialising in contract law? In fact I'm sure I've seen books in the library on the subject. Might be worth checking out.
    You probably need to know exactly what law they have contravened to get action.
  • Is it fraud?

    You know, I tell you who might be interested... The tax office, they might want to know why it is they are not getting their slice of the cake... But I would check with an Accountant or the CIB first...

    Don't want to open a can of worms there....
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