Author Terms and Conditions

Becoming an author is easy and if you've reached this point then you're already a member and you've accepted our Marketplace Terms. These additional terms for authors ('Author Terms') are an extra part of the Marketplace Terms that apply specifically to authors on our Marketplace. You'll need to agree to them before you can become an author. These govern the relationships, rights and obligations of authors to us and buyers using our Marketplace. You agree to put your items on our Marketplace and make them available to buyers on the basis stated in the Marketplace Terms and these Author Terms.

As an Author on our Marketplace you have responsibilities to us and buyers of your items. Please take the time to review these Author Terms carefully. When we say 'you' in these Author Terms we are referring to you, the author. All other words defined or explained in the Marketplace Terms have the same meaning here. If there's any inconsistency between what we say in these Author Terms and what is in the Marketplace Terms, what we say in these Author Terms prevails.

Becoming an Author and selling your items

  1. Becoming an author is free: Becoming an author and putting your items up on our Marketplace is free but there is a review process before your items go live. There are a few things you promise in exchange for the right to be an author, which are outlined in these Author Terms.
  2. License: When you 'sell' an item, you're making your item available to buyers to use that item under certain conditions; you're not actually selling the item itself. What you're selling is a license directly to the buyer to use that item under the various types of license terms that we set that are applicable to your items. For the different types of licenses and detail about what rights you are licensing to buyers see our licensing page. Take a moment to understand how your work will be licensed to buyers!
  3. Your earnings; platform fee: When your item is sold on our Marketplace, you will earn the item price less a platform fee of 10% that we charge. The platform fee you pay to us is set out in the rates schedule which we can change at our discretion, from time to time. Any changes to these rates will take effect on and from the date on which notice of the variation is posted by us on our Marketplace.
  4. Prices of items: You determine the prices of your products yourself. Please check similar products to decide the best price.
  5. Review: When you think you've created an item suitable for our Marketplace, you will submit that item to us to check the quality and whether it contains adequate information for buyers. Although we always like to provide constructive feedback we're not obliged to give you any reasons for rejecting your item. We have the final say on whether items are accepted for the Marketplace.

Payments of earnings

These sections explain how earning an income works on our Marketplace and important information about payments to your account, and withdrawals and deductions from your account.

  1. We will pay you the sale price of your items less our platform fee in line with the payment rates ('your earnings' or 'earnings'). In order for us to do this, you authorise us to collect payments for your items, to credit your Marketplace account with your earnings, and to distribute your earnings to you.
  2. To avoid any confusion, only your earnings from the sale of your items (and referral income under our separate Affiliate Program) will be payable to you. Wiziva credits that were converted from monies you deposit as a buyer are not able to be withdrawn or refunded.
  3. Thresholds: We'll make payments of your earnings based on certain minimum threshold amounts. The details of how much you need to have in your Marketplace account before we can pay you is set out in our Author Guide page.
  4. Earnings payment timing and methods: You ask us to hold the balance of your earnings until you request a payment. You can do this by setting up automatic payment requests. We will continue to hold your earnings until we receive a request for withdrawal unless for some reason we decide to pay you your earnings without a request. When we get a request for payment, we'll pay you at the next payment cycle as stated on our Author Guide page. You must provide us with the correct details and payment method when you request your earnings.
  5. Potential deductions: Payment methods available for buyers to buy your items involve payment agents that have their own standard terms and conditions regarding refunds, chargebacks, fees and unauthorised transactions (which we don't control). If a Marketplace transaction on an item is subject to payment agents' refunds, chargeback, fees and unauthorised transactions, we may automatically deduct those amounts from your Marketplace account. We may also decide to issue a credit or refund to a buyer in certain circumstances involving issues with your item, or transactions may be reversed for other reasons. If that happens, we reserve the right to deduct from your Marketplace account any amount that would otherwise be payable to you.
  6. Payment errors: We will continue to hold your earnings if we're not able to pay your earnings to you for whatever reason
  7. Currency conversions: Whenever we make a payment to you as an author, you are responsible for all costs of converting the amount of the payment from US dollars into your preferred currency. Your financial institution does the currency conversion and may charge you additional fees (we don't control either the conversion rates or your financial institution's fees).
  8. Withholding earnings: If we decide that an item of yours does not comply with an applicable law or any of our rules or guidelines, including the Marketplace Terms and these Author Terms, we can at our discretion disable the item or your membership. We may also withhold any earnings on that item for up to one year, and may release those withheld earnings during that period if we are satisfied that any dispute or issue about your item has been resolved.
  9. Buying items: If you buy an item from our Marketplace and can't cover the cost from your Wiziva credits, we'll make up any difference out of any Author earnings you have in your Marketplace account.

Author house-keeping

Your promises and responsibilities:

  1. As an author you promise to us and each buyer of your items that:
    • you own or have rights to use the intellectual property rights in that item and that item does not infringe the intellectual property rights of a third party;
    • the item is not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
    • the item does not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
    • the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
  2. Buyers' use of your item: We are not liable for any loss suffered by you as a result of a buyer making use of your item contrary to the Marketplace Terms or the item's license.
  3. Other authors and affiliates' use of your item: An Wiziva affiliate can use your item thumbnail previews in their promotion of the Marketplace and no compensation is due for these uses. A fellow author may also use a watermarked preview of your item in a preview of their own Marketplace item without requiring your permission and without compensating you. The other author must credit you by providing a link to your item on our Marketplace.
  4. Our use of your item: We may use the whole or part of your items to promote the Marketplace. This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). No compensation is payable for these uses.
  5. Item removal: We have the right to remove an item for any reason, using our reasonable discretion. For example, we may review the libraries to keep our Marketplace fresh and full of quality items that meet the latest technical standards and market trends. Also, issues about an item might be brought to our attention such as errors, representations, or even violations. Our goal is always to address these situations with you constructively. We also aim to give you notice before an item is removed, but this is not always feasible or possible, so we can't guarantee this. We will not be responsible for any loss that you may suffer as a result of your item being removed.
  6. If a member provides you with (or your item accesses or uses) usernames, passwords or other personal information of the member (personal information) you must:
    • provide a privacy notice to the user, making the member aware of their personal information that you will receive and how you will handle that information;
    • obtain the member's permission to use the member's personal information;
    • use the personal information only for the limited purposes for which the member gave permission; and
    • meet any privacy and spam law requirements that apply to you.

    For an idea about how we deal with user information see our Privacy Policy.

  7. Special deals and promotions

    1. Sometimes we might negotiate volume sales or other arrangements with buyers as part of creating business development opportunities for authors (special deals). In order for us to make this possible you give us permission to negotiate special deals. We might also offer pricing promotions to Marketplace buyers. Generally, this will be covered by our setting of prices. In some cases, if pricing promotions involve a change in our platform fee or licensing terms, then it is a special promotion and the following sections are relevant.
    2. Given the nature of special deals, the prices of your items under the special deal may vary from the advertised item price. This means that your earnings on the sale of your items in a special deal may not always be determined by reference to the advertised price of your item on our Marketplace. Given the nature of special deals and special promotions, our platform fee may differ for special deals or special promotions.
    3. Before your item is included in a special deal or special promotion, we'll provide you with information about the special deal or special promotion, item pricing and platform fee. You can opt out of participating in a special deal or special promotion if the deal involves a change to our platform fee. We will let you know the time frame to opt out, and if you don't do so, your item will be included in the special deal or special promotion.
    4. Special deals and special promotions might also involve you entering supplementary licensing arrangements to allow the buyer to use your item in particular ways. If these supplementary licenses are substantially different from the standard Marketplace licenses, you will also have the opportunity to opt out of participating in the special deal or special promotion within the time frame we set out when we make the offer to you. You will always have the option of opting out of any special deal or special promotion if it involves a change to our platform fee. We decide the other details like pricing.

    Legal Housekeeping

    Relationship between us and you: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us. Neither you nor us can bind each other in any way. We are, however, your agent only for the limited purposes of your warranties to buyers.

    Last modified July 11, 2014.