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Peak Platform

601, 3rd Stage, 3rd Block, Basaveswara Nagara, Bangalore -79

AGREEMENT

dated: 8 JANUARY 2012

between Guhesh Ramanathan (Author)

and Peak Platform (trading name of iNamaste Solutions and Services Pvt Ltd, India) the Publisher

in relation to the work of the Author currently titled ‘Scuba Sutras’

1. The Author gives the Publisher, as per this agreement , exclusive rights to print, publish,
distribute, and sell copies of the book, and works derived from the book, in printed form and in
electronic media such as ebook, audio book, and to license others to do so, for the duration of the
copyright in the book, in all languages.

2. The Author guarantees the Publisher:


i. that it does not break any copyright law and that the Author is the owner of the copyright;
ii. it is not libellous or untruthful;
iii. all statements to the best of author's knowledge are factually correct. This does not restrict the
Publisher’s right, following legal advice, to delete any of the content, which in its view is either
libellous or untruthful.
v. The Author declares his/her moral right under the Copyright Designs and Patents Act 1988 to be
recognised as the author of the Work and the Publisher confirms that every book published, wholly
or partly shall confirm the right of the Author to be recognised as the Author and shall recognise
his/her moral rights under s. 77 and s. 78 of the Act.

3. If pictures, maps or indexes etc are used, the Author and Publisher will discuss and co-operate
with each other to ensure the correct enclosures and format are used. If written confirmation is
needed to use any material e.g. poems, quotations, pictures, photographs, songs, whereby the
copyright is owned by another, the Author and Publisher will co-operate to gain that permission.

4. Publication of the Work will be on the clear understanding that the views contained therein are
those of the Author or contributing authors where so named and not the Publisher.

5. The Author(s) will have obtained permission to reproduce all material intended for publication
and will indemnify the Publisher against any claim made pertaining to copyright or reproduction
from any other source pertaining to the material submitted. The Publisher reserve the right to see
written proof of such permissions if they so wish. The Author(s) agrees that the Work is not a copy
of any other previously published material, except in the case of reprints published with the full
agreement of the original publisher (in which case, the Publisher reserve the right to see written
proof of such permission). The Author(s) will be responsible for the payment of any/all
reproduction fees pertaining to all material used.

6. The Publisher shall produce and publish the work within 12 months of receiving the acceptable
manuscript unless it is unable to do so, due to reasons beyond its control. If there is such a delay,
the date of publication shall be discussed and agreed with the Author.
Peak Platform
601, 3rd Stage, 3rd Block, Basaveswara Nagara, Bangalore -79

7. The Publisher and the Author must sign this Agreement before the Publisher begins type-setting
the work.

8. Any reasonable request in relation to the details of the date of publication, method of production,
condition of the work, number of copies, condition of the cover and binding, the price and the way
in which the work is published cannot be unreasonably withheld.

9. This Agreement shall stand for every publication of the Work (including braille publications or
bold prints) that the Publisher shall consult with the Author in relation to any changes he/she wishes
or are essential.

10. The Publisher shall give the Author right to buy any copies for his/her own use at a reduction of
35% of the recommended retail price of the book.

11. No royalties will be paid on the copies distributed for publicity purposes, lost copies, damaged
copies or copies bought by the author. Royalties will not be paid to the Author(s) on any copies
submitted for review or as required by The British Library under the terms of The Libraries Act.
The Publisher can distribute copies for review and publicity.

12. In relation to the following rights: television, broadcasting, DVD, dramatising for the stage,
radio, recording onto record tape, video, film or microfilm, speaking engagements, abbreviation or
use in paper serialisation, magazines, radio programme and television and film, the inclusion of
parts in anthologies or collections, translation to other languages, cartoons, goods of any
description: the Author and the Publisher shall attempt to the best of their abilities to promote the
work for the media mentioned above and will share any remuneration as received through the above
media on the basis of 70% to the Author and 30% to the Publisher. Following consultation with the
Author, the Publisher will have the right to allow selection of the Work to be used on stage and will
guarantee suitable payment to the Author if the performance/competition is broadcast.

13. With the consent of the Author, the Publisher can allow any non-profit making reproductions of
the work for the blind or other charitable cause.

14. The Publisher shall pay the Author the following royalties: The Publisher shall pay the Author
the following royalties for copies sold of the net amount received of the book for all copies on firm
sale on a six-monthly basis provided that the discount given to any customer does not exceed 49%.
a. Up to 5,000 copies - 10% (ten per-cent)
b. Over and above 5,000 copies – 12.5% (twelve and a half per-cent)
On all books sold at a discount of 50% or greater, the royalties paid to the Author(s) will be at the
rate of 7.5% of the net amount received by the Publisher. On all e-book sales royalties paid to the
author will be 20% of the net amount received by the publisher. Royalties will be paid at six-
monthly intervals in arrears, commencing with the date of publication. The responsibility for
payment of any Income Tax and notification of royalties to H.M. Inland Revenue shall be the
responsibility of the Author(s)

15. In June and December each year, the Publisher shall account for the sale of the Work in addition
to the royalty payments. If the sum owing to the Author is less than Rs 5000, the Publisher can pay
the payment during the next period.
Peak Platform
601, 3rd Stage, 3rd Block, Basaveswara Nagara, Bangalore -79

16. The Publisher reserves the right to reprint the Work as necessary, all such reprints being subject
to the same conditions as this agreement.

17. This Agreement does not convey or confirm that there is a partnership or an employment
relationship between the Author and the Publisher.

18. If discussions fail and the mediation system is opposed, both sides may take any steps
necessary, including legal action. This agreement is governed by the laws of India and are subject
to the jurisdiction of the Indian courts.

19. If this Agreement is terminated, the Author shall have the right under his own free will to take
control of copies of the Works and any surplus stock (which is in the custody or under the control of
the Publisher) in addition to any plates, engravings or other offer prepared solely for the production
of the series for a price agreed by an independent person chosen by both sides. If the Author fails to
enact the said free will by way of a written notice within a month of the termination of this
Agreement, the Publisher shall have the right to sell the said copies subject to payment of the agreed
royalties.

Signed by the Author: GUHESH RAMANATHAN

Dated: 8 JANUARY 2012

Signed by the Publisher:

Dated:
Peak Platform
601, 3rd Stage, 3rd Block, Basaveswara Nagara, Bangalore -79

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