1. APPLICABILITY AND VALIDITY
All orders placed imply the client’s full acceptance of these Terms of Sale, without any reservation whatsoever and to the exclusion of any other document. No special terms will take precedence over these Terms of Sale unless expressly stated in writing on the final and binding purchase order.
The execution of any service by the Service Provider implies the Client accepts these Terms of Sale and waives his own general terms and conditions. Any other disposition, in the absence of manifest consent, will be ineffective against the Service Provider, regardless of the time at which he/she may have been made aware of it.
Any condition to the contrary shall not be binding to the Service Provider unless expressly accepted by the Service Provider in writing, regardless of when the Service Provider becomes aware of the condition. That the Service Provider does not exercise one or more of the provisions in these Terms of Sale shall not be interpreted as a waiver of the Service Provider’s right to exercise any of the provisions in these Terms of Sale at a later date.
2. QUOTES AND ORDERS
Each order placed by the Client shall be preceded by a free quote issued by the Service Provider based on the documents to be edited or information provided by the Client. The quote the Service Provider sends to the Client by regular mail, electronic mail, or fax shall include:
- The number of words or pages to be edited;
- The price model.
Editing is billed either at a flat rate, an hourly rate, or based on the Service Provider’s rates at the time the quote is prepared, such as the number of words in the text to be edited, according the Statistics function in Microsoft Word, by line, page, or by hour.
- Any special rates applied because of urgency, specific research, or any other service that goes beyond the services usually provided by the Service Provider.
To confirm an order, the Client must return the unaltered quote with the Client’s written approval and signature to the Service Provider by regular mail or fax if the quote was sent to the Client by regular mail or fax. If the Client received the quote by electronic mail, the Client may confirm the order by expressing this clear acceptance by return electronic mail.
If the Service Provider does not receive the order confirmation, the Service Provider reserves the right not to commence work on the project concerned.
If the order is not confirmed within one (1) months of the date of the quote by the means stipulated above, the quote shall be considered null and void.
The Service Provider reserves the right, after informing the Client, to charge an additional fee and/or not to adhere to the delivery date on the quote in the following cases:
- Modification or addition of documents by the Client after the initial quote was prepared by the Service Provider. In this case the Service Provider reserves the right to adjust the rate based on the additional volume of work estimated or requested;
- If the documents were not furnished during the quote preparation process;
- If the initial quote was based on the Client’s estimation of the number of words and an excerpt of the text.
In the absence of the Client’s express acceptance of the new delivery and/ or invoicing conditions, the Service Provider reserves the right not to commence work.
Unless otherwise stated on the quote, costs incurred during the provision of services (travel, courier or postal fees, etc.) are charged to the Client. Any decisions to offer a discount, reduction, or sliding fee scale based on a percentage, or flat flee (per page, line or hour) are at the sole discretion of the Service Provider and only for the service to which they apply. Any discounts or rebates offered to the Client shall not apply to future services.
In the event that a quote is not sent to the Client before the work starts, editing services shall be invoiced at the base rate usually billed by the Service Provider.
The Client agrees to consider faxes, e-mails, copies, and computer files as equivalent to the original, and valid proof that the order was confirmed.
Any order exceeding Euro 1,000 (excluding tax) may be subject to a deposit, the amount of which shall be clearly stipulated in the quote. Work shall begin only once the payment has cleared.
Any delivery date or dates agreed between the Service Provider and the Client shall become binding only once the Service Provider has received all the documents to be edited and if the Client has confirmed his/her order as specified in Paragraph 2 above within 3 (three) working days from the date of the quote. After that time, the delivery date may be revised if so required by the Service Provider’s workload.
6. THE SERVICE PROVIDER’S OBLIGATION
The Service Provider agrees to provide an edited version of the document that is as faithful as possible to the original and that complies with professional standards. The Service Provider shall not be held liable for any inconsistencies or ambiguities in the source text, the verification of the final text’s technical coherence remaining the Client’s sole responsibility.
7. THE CLIENT’S OBLIGATIONS
The Client shall provide the Service Provider with all of the texts to be edited. If the Client fails to provide the Service Provider with all necessary information, the Service Provider shall not be held liable if the edited document does not conform to the Client’s standards, or if delivery is late.
The client has 10 working days from the time the edited documents are received to inform the Service Provider in writing of any disagreement concerning the quality of the editing. Once this period has expired, the service shall be considered duly completed and no claims may be made. The client agrees to consider postal, fax, or electronic mail receipts as proof of delivery.
The Service Provider agrees to preserve the confidentiality of information the Service Provider becomes aware of before, during, and after providing services. Original documents shall be returned to the Client upon request. The Service Provider shall not be held liable in the event that information is intercepted or used by a third party during the transfer of data, especially on the Internet. Therefore, the Client must inform the Service Provider before the provision of services or at the time the order is placed of the means of transmission the Client would like the Service Provider to use to ensure the confidentiality of any sensitive information.
Edited documents are delivered by electronic mail in the format they were supplied.
The liability of the Service Provider on any grounds whatsoever shall be limited to the invoiced value of the work. Under no circumstances shall the Service Provider be held liable for claims related to nuances of style. It is expressly agreed that delivery deadlines are provided for information only and that missed deadlines shall not be considered grounds for penalties. The Service Provider shall not be held liable for direct or indirect harm to the Client or a third party resulting from late delivery due to force majeure or fax transmission, electronic mail, postal and other problems.
11. CORRECTIONS and PROOFREADING
In the event of disagreements about certain aspects of the edited document, the Service Provider reserves the right to correct these aspects in cooperation with the Client. If the edited document is to be published, the Service Provider shall receive the printer’s proofs to proofread them before the document goes to print. Unless otherwise specified in writing, all corrections will result in additional charges to be billed at the prevailing hourly rate.
Unless otherwise mentioned on the quote, payment in full to the Service Provider shall be made no later than 60 days from the date of invoice. In the case of payments by cheque or international bank transfer, all forex and banking fees will be specified on the quote or be billed to the Client. In the event of late payments, orders in progress can be unilaterally interrupted until full payment is received and the Client will be liable for late payment penalties of one and a half times the prevailing base legal interest rate applied to the entire sum in question, without any formal notice being required. Edited documents remain the property of the Service Provider until payment has been received in full.
Before undertaking to have a document edited, the Client must ensure that this does not infringe on any third-party rights. Therefore, the Client must be the author of the original document or have obtained written permission to have the document edited from the party holding the document copyright. If these conditions have not been ensured by the Client, under no circumstances shall the Service Provider be held liable if all or a portion of the documents to be edited were to infringe on the rights of a third party or violate any applicable regulations. If this were to occur, the Client shall be held solely liable for any harm or financial consequences resulting from the Client’s negligence.
If work that is commissioned is subsequently cancelled after work has commenced, for whatever reason and notified in writing by the Client to the Service Provider, the Client shall pay the Service Provider the full contract sum for the work completed and half (fifty percent) for the uncompleted work.
15. COMPLAINTS and DISPUTES
In the event of a complaint or dispute of any nature whatsoever, the Service Provider and the Client agree to attempt to settle the complaint or dispute amicably.