Terms & Conditions for
Before beginning a project, Ménesa and you, the Client will both sign a contract outlining the specifics of the proofreading service agreed upon.
The ‘Contract’ implicitly incorporates the following Terms & Conditions of the agreement. Consequently, when accepted, agreed, and signed by you, the Client [by writing a full legal name, dating and signing it], this creates a binding and legally enforceable contract between you, the Client, and Ménesa Campbell.
- The project will be carried out unsupervised at such times and places as determined by Ménesa Campbell, using her equipment.
- The information that the Client and Ménesa Campbell may keep on record is covered by the terms of the current General Data Protection Regulation(s). Only such information will be held and processed as is necessary, at any time, to carry out the project as agreed in the Contract, and to maintain a record of project enquiries, commitments, work-in-progress and completed projects for 7 years after completion or such other period as may be necessary under applicable law. Both the Client and Ménesa Campbell agree that, where consent is required to hold or process such data for such purposes, such consent has hereby been requested and obtained by signing of the agreed Contract. Either party may view the other’s records to ensure that they are relevant, correct, and up-to-date, and requests for correction or updating will be carried out within a calendar month. Data will be kept securely on password-protected computers, mobile devices, or in password-protected e-documents (where these are stored on non-password-protected devices); where a hard copy is kept, this will be in lockable storage and, when applicable, disposed of securely.
- The Client acknowledges that he/she either owns or has obtained all rights and permissions to publish materials to be used in the project, and the Client shall be solely responsible (as between Client and Ménesa Campbell) for the materials and observance or maintenance of any intellectual property rights (such as copyright) involved.
- The text that the Client provides must not be a work in the public domain (unless Client is, or is demonstrably licensed to do so by, the original author).
- The Client agrees to indemnify, hold harmless and defend Ménesa Campbell from all libel, Contractual, copyright and permission infringement action resulting from materials the Client provides.
- Copyright in any content created by Ménesa Campbell as part of the project is, by signing the Contract, transferred to the Client, unless otherwise agreed in writing.
- Nothing in these Terms & Conditions or the agreed Contract will prevent the receiving party from making any disclosure of the other party’s confidential information as may be required by law or by any competent authority.
- The Client agrees that Ménesa Campbell may use the Client’s name and project or text title on Ménesa Campbell’s website or social media, or in any other way aimed at marketing and promoting the services of Ménesa Campbell.
- All Client information and materials are considered confidential to the Client, and only for use by Ménesa Campbell to provide a cost estimate for or to carry out and complete the project. The Client information and project materials will not be given out or shared with any third party, unless otherwise requested in writing by the Client.
- The terms of this paragraph will not apply to information that:
- a) is or in future comes into the public domain (unless because of a breach of these Terms & Conditions or those of the agreed Contract); or
- b) is already known to Ménesa Campbell, and which was not subject to any obligation of confidence before it was disclosed to Ménesa Campbell by the Client.
- Ménesa Campbell will supply proofreading services based on Client specifications relating to fixing grammar, capitalization, spelling, and punctuation errors.
In short, Ménesa Campbell will:
- Read the document.
- Find errors.
- Mark the errors.
- Return the document.
The Client is responsible for instructing Ménesa Campbell as to whether the UK or US English is to be used for the project.
13. Ménesa Campbell will make any corrections and will return the corrected document electronically to the Client. The Client is responsible for accepting or rejecting any or all corrections.
- All documents are corrected to a high standard. Ménesa Campbell will use reasonable care and skill to carry out the project to the best of her ability but cannot guarantee that the corrected documents are completely error-free. If the Client wishes to raise an issue regarding the corrected text or a part of it, then this should be done as soon as possible after receipt, and Ménesa Campbell will use all reasonable endeavors to rectify the issue at no additional charge to the Client.
- The Client will pay a total cost of the project based on the number of pages or a flat fee for the project (plus VAT where applicable), as agreed in the Contract, which will be based on both the description of the proofreading and/or editing as agreed in the Contract and the text supplied by the Client.
- The Client agrees, if requested by Ménesa Campbell in the Contract, to pay
(a) an initial deposit of half the estimated total cost of the project before work will begin on the project; and/or
(b) staged payments at set stages during a lengthy project (such as on completion of each chapter or section of a book), as expressly stated in the Contract (if applicable).
The remaining balance of the total cost is in any case due upon completion and delivery to the Client of the project.
- If, on receipt of the text or at an early stage during carrying out the project, it becomes apparent that significantly more or different work is required from that which had been anticipated in the Contract, then Ménesa Campbell may renegotiate the fee and/or any completion and delivery date.
- If during the term of the project, additional tasks are requested by the Client, then Ménesa Campbell may renegotiate the fee and/or any completion and delivery date.
- Unless agreed otherwise in the Contract, payment will be made within 30 calendar days of receipt of Ménesa Campbell’s invoice, according to the Late Payment of Commercial Debts (Interest) Act 1998 (amended 2002 and 2013), nett of any and all bank, transfer, currency or other charges incurred by the Client in making the payment.
COMPLETION and DELIVERY
- The project will be completed and delivered on or before the respective date(s) agreed in the Contract, or any date subsequently renegotiated according to paragraph 18 or 19, above.
- Making the final payment will signify final approval by the Client of the proofreading and any editing (if applicable) of the text and thereby completion and receipt of the Contracted project.
- Ménesa Campbell retains the right to discontinue, withhold or suspend services to any Client should payment(s) not be paid for a Contracted project or part thereof (such as when staged payments are agreed) as specified in the Contract or these Terms & Conditions.
- The Client or Ménesa Campbell may cancel their agreement at any time by providing written notice to the other party.
- If either the Client or Ménesa Campbell cancels a project before work has started on it, then neither the Client nor Ménesa Campbell is under further obligation to the other, and any agreement will be considered canceled or terminated.
- If the Client should stop or cancel a project once work has started on it, the Client will be liable to pay for the work completed up to and including the day of notifying Ménesa Campbell of the cancellation. In such a case, the provisions of these Terms & Conditions will continue in force in respect of the completed part of the project.
27. Ménesa Campbell takes your investment seriously, and she’d appreciate if the Client takes her investment of time and resources into your success equally as seriously. Due to the sensitive, proprietary nature of the copyrighted content of the services provided, refunds will not be given for completed work, unless otherwise specified in writing.
- Ménesa Campbell is not liable for damages of any kind, including any loss of revenue or profit, loss of business or reputation, or loss of data, in any way related to our services.
- Ménesa Campbell is not responsible for any claim, loss or injury based on errors or any other inaccuracies appearing on her site or in the Client’s text, including without limitation as a result of any breach of these Terms & Conditions or the agreed Contract.
- Subject to the provisions of paragraph 30, below, these Terms & Conditions taken together with the agreed Contract comprise the entire agreement in relation to the referenced project of all parties. No additional promises or conditions, written or oral, apply.
MODIFICATION OF AGREEMENT
- Modification of any provisions of these Terms & Conditions or the Contract is not valid and enforceable unless previously confirmed in writing, dated, and signed, either in hard copy or by e‐signature, by both the Client and Ménesa Campbell. References herein to the agreed Contract’ include any such agreed modifications. In case of any conflict between the terms of the Contract and those of these Terms & Conditions, those in the agreed Contract prevail.
- The finding of any provision of the agreed Contract or these Terms & Conditions to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.
- The agreed Contract and these Terms & Conditions are subject to the laws of England and Wales, and both Ménesa Campbell and the Client agree to submit to the jurisdiction of the English and Welsh courts.
- Notices, as referred to in the agreed Contract or these Terms & Conditions, can be served by post or email to the address given in the agreed Contract or latest-dated modification thereof.