Terms & Conditions
ISSUED: 07 AUGUST 2019
1. DEFINITIONS & INTERPRETATION1.1 In these Terms and Conditions (T&Cs), unless the context otherwise requires, the following expressions have the following meanings:
- Client / You: The company or individual party ordering the services from Lighthouse Proofreading
- Lighthouse Proofreading / Me / I / We / Us: Lorraine Williams sole trading as Lighthouse Proofreading
- Contract: The contract for the provision of services
- Services: The services which are to be provided by Lighthouse Proofreading to you
- Order: Your order for the services
- Fee: The amount of money payable for the services
- Work: The written material(s) which require the services
- One-off project: One-off piece of work that is not retained on a monthly basis
- Retainer agreement: Specific amount of agreed upon hours retained for the client on a recurring monthly basis
1.2 Each reference in these T&Cs to ‘writing’ and any similar expression includes electronic communications whether sent by email, text message, social media messaging, fax or other means.
2. ABOUT LIGHTHOUSE PROOFREADING2.1 I am self-employed and responsible for my own Income Tax and National Insurance contributions.
2.2 I am not VAT registered.
3. CONTRACT & ORDERS3.1 These Terms and Conditions govern the sale and provision of services by Lorraine Williams trading as Lighthouse Proofreading and will form the basis of the contract between you (the Client) and I.
3.2 Before submitting an order, as the Client please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please contact me for clarification.
3.3 No binding contract will exist unless I have accepted an order in writing from you by email or otherwise.
3.4 All services will be carried out on a freelance basis.
3.5 You are under no obligation to offer me any work and neither am I under any obligation to accept work offered by you.
3.6 The services will be carried out unsupervised at such times and places as I determine, using my own equipment.
3.7 You may change the order before I commence the services by providing the information to me in writing as soon as possible.
3.8 If the order is changed, I reserve the right to change your quote, brief or deadline as necessary or decline the order.
3.9 Your quote and subsequent Statement of Work covers one undertaking of the requested service. Any further rounds of amends are subject to an updated or additional quote.
4. FEES4.1 The fees for the one-off project or monthly retainer agreement services will be quoted in writing upon receipt of your order request and brief.
4.2 Quotes are valid for a period of 30 days only, and I may withdraw the quote at any time by providing notice to you.
4.3 Once a quote has been confirmed you will receive a Statement of Work confirming the details of the project or retainer agreement.
4.4 If my initial quote is based on a sample of writing and, upon receipt of the full documents or at an early stage during the work, it becomes apparent that significantly more work is required, I reserve the right to change the quote, brief or deadline before commencing the services, or decline the order.
4.5 If the quoted order fee is changed, I will issue an updated Statement of Work and will only commence the services once I have received your signed confirmation of the new fee.
4.6 Any requests for services that fall outside of the Statement of Work, for either a one-off project or retainer agreement, will be charged at the appropriate hourly rate.
4.7 Unused hours held for you as part of your monthly retainer agreement cannot be carried forward to any future months.
5. PAYMENT5.1 Standard payment terms are 14 days from the date the invoice is emailed to you.
5.2 All payments will be made in GBP (£).
5.3 I accept the following methods of payment:
- Bank transfer/faster payment
5.4 Invoices must be paid in full and you will pay for any additional bank charges and transaction fees in connection with the payment to ensure that the full invoice amount is received.
5.5 If you do not make the agreed payment by the due date, I will charge statutory interest on the overdue sum at a rate of 8% plus the Bank of England base rate. Interest will accrue on a daily basis from the payment due date until the actual date of payment of the overdue sum. You must pay any interest due when paying an overdue sum.
5.6 You are liable to pay any costs that I incur, connected directly or indirectly, with the performance of the contract between you and I, including recovery of the costs of collection of unpaid invoices and court fees.
5.7 Refunds will be given solely at my discretion.
5.8 Invoices for one-off projects will be issued as per below and payment will be made by the client accordingly:
5.8.1 One-off projects with a total fee of up to and including £500 will be invoiced 100% of the fee in advance, which you will pay in full in advance to secure the booking in my schedule.
5.8.2 One-off projects with a total fee of £501 and over will be invoiced a non-refundable 50% deposit, which you will pay in full in advance to secure the booking in my schedule. The remaining 50% will be invoiced on completion of the project.
5.8.3 Bookings for one-off projects will only be scheduled in and confirmed upon receipt of the payment as invoiced.
5.9 Invoices for retainer agreements will be issued as per below and payment will be made by the client accordingly:
5.9.1 Monthly retainer agreements will be emailed an initial invoice in advance of the contract commencing, which you will pay in full in advance to secure the agreed hours for that first month.
5.9.2 An invoice will then be issued each month on the 15th day of month, which you will pay in full to secure the hours for the following month.
5.9.3 Depending on when you start your retainer agreement, you may receive two invoices in the first month. One invoice will be for that specific first month (or remaining days available that month) and one invoice will be to secure the hours for the following month.
5.9.4 Monthly retained hours will only be made available upon receipt of the payment for that monthly payment as invoiced.
5.9.5 If payment for the monthly retainer agreement is not made by the due date, the hours will not be held for you for that month.
5.9.6 Any requests for work to be completed as part of the retainer agreement will not be scheduled in to be actioned until payment for that month has been received.
6. CANCELLATION6.1 The contract between you and I will commence as soon as I have received written confirmation from you that the services are to commence, received the completed Booking Confirmation Form, and received any advance/deposit payments as requested.
6.2 If you cancel the order for a one-off project on or less than 5 working days before the project has been scheduled in to be worked on, I will charge for 50% of the agreed project fee for hours not profitably used, and you will be liable to pay the invoice.
6.3 If you cancel the order for a one-off project whilst the project is being undertaken, I will charge for any unpaid fees due for the services already completed, and you will be liable to pay the invoice.
6.4 You may terminate your monthly retainer agreement contract via email to me by providing 30 days’ notice from the date of the emailed cancellation request.
6.5 I may terminate the monthly retainer agreement contract via email to you by providing 30 days’ notice from the date of the emailed cancellation request.
6.6 I may terminate the contract via email to you with immediate effect should you fail to make any payments due under the T&Cs of this contract.
7. PROVIDING THE SERVICES7.1 I am contactable during business hours which are Monday to Friday 09:00 to 17:00, excluding bank holidays and annual leave.
7.2 I will make every reasonable effort to complete the services on time and in accordance with your order.
7.3 I take no responsibility for delays if an event outside of my control occurs. Please refer to Section 10 below.
7.4 If I require any information from you in order to provide the services, I will inform you of this as soon as possible.
7.5 If the requested information that you provide is delayed, incomplete or otherwise incorrect, I will not be responsible for any delay or errors caused as a result.
7.6 If the requested information is delayed and impacts on the delivery of the services being completed to meet the agreed deadline date, you will be charged a flat fee of £100.
7.7 I am permitted to subcontract or outsource any of the services or obligations under this contract where necessary, such as specialist provision, in order to complete your work. I will undertake the final proofreading and sign-off to ensure it is completed to my high level of standards.
7.8 All documents sent to me by email, mail or courier will be sent at your own expense and risk.
8. LIABILITY & INDEMNITY8.1 You are responsible for the accuracy and completeness of your project/ work/items/documents and all information provided to me to complete your order.
8.2 It is your sole responsibility to ensure that your work does not breach plagiarism or copyright guidelines.
8.3 I am not liable for incidental, indirect, consequential, special, punitive, or exemplary damages, including the following:
- Any loss of actual or anticipated revenues or profits
- Any loss of business or expected future business
- Any loss of data related to the service
- Any damage to reputation or goodwill
- Any loss or damage that is not foreseeable
- Any loss arising in the event that the use of the services is in breach of your university/academic institution’s regulations governing academic work
9. SERVICE QUALITY & STANDARDS9.1 I aim to provide an accurate, thorough and reliable service.
9.2 I aim to provide a service of the very highest standard but it is impossible to offer ‘perfection’ as the word is open to individual interpretation, and it is possible that occasionally an error may be overlooked.
9.3 The final responsibility for your work and any errors remains with you, and it is strongly advised that you check your work prior to release/publication/print.
9.4 I take no responsibility for direct, indirect, special or consequential losses or costs incurred by any grammatical, typographical or factual errors remaining in your work.
9.5 I will not be held liable for any errors or omissions caused by your failure to communicate your requirements clearly.
9.6 The Society for Editors and Proofreaders provides further information on Standards in Proofreading.
10. EVENTS OUTSIDE MY CONTROL (FORCE MAJEURE)10.1 I am not be liable for any failure or delay in performing my obligations where that failure or delay results from any cause that is beyond my reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other extraordinary or difficult circumstance that is beyond my control.
10.2 If such an event or circumstance that is out of my control or unforeseen occurs that is likely to adversely affect provision of the service obligations under these T&Cs, I will inform you as soon as reasonably possible.
11. FEEDBACK11.1 I welcome feedback in order to continually refine my service and, whilst I always use all reasonable endeavours to ensure your experience is a positive one, I would like to know if you have any cause for both positive feedback or suggestions for improvement.
11.2 If you wish to notify me of an issue relating to the services I have undertaken, please email me in writing within 10 working days of delivery of the services.
12. MARKETING MATERIALS12.1 You agree that I may refer to you, by company or trading name, and to the existence of this contract in any marketing or promotional materials.
12.2 To allow me to refer to your company or trading name, you grant me a royalty-free licence to use your company name, trade name and logo as required on the Lighthouse Proofreading website and marketing materials.
12.3 I will sign a Non-Disclosure Agreement as required.
12.4 I will not share any of your personal details. Please refer to Section 13 below.
13. DATA PROTECTION13.1 All personal information that I may collect (including, but not limited to, your name, address and email address) will be collected, used and held in compliance with the General Data Protection Regulation (GDPR) that came into effect on 25 May 2018 and the Data Protection Act 2018.
13.2 I may use your personal information to: – Provide my services to you – Inform or remind you of the services available to you. You may request that I stop sending you this information at any time
13.3 I will never lease, distribute, sell or trade your personal information for marketing purposes to any third-party companies.
13.4 I will not publish any of your personal information on the Lighthouse Proofreading website, social media channels or promotional materials without your prior consent. I may refer to your company or trading name by name or logo as per Section 12 above.
14. OTHER IMPORTANT TERMS14.1 You may not transfer (assign) your obligations and rights under these T&Cs (and under the contract) without my express written permission.
14.2 The contract is between you (the Client) and Lorraine Williams trading as Lighthouse Proofreading. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these T&Cs.
14.3 If any of the provisions of these T&Cs are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, the provision(s) will be deemed severed from the remainder of these T&Cs. The remainder of these T&Cs will be valid and enforceable.
14.4 No failure or delay by Lighthouse Proofreading in exercising any of my rights under these T&Cs means that I have waived that right, and no waiver by me of a breach of any provision of these T&Cs means that I will waive any subsequent breach of the same or any other provision.
15. GOVERNING LAW & JURISDICTION15.1 These T&Cs (including Statement of Work and Booking Contract) will be governed by, and construed in accordance with, the laws of England and Wales.
15.2 Any dispute, controversy, proceedings or claim between you and I relating to these T&Cs (or Statement of Work and Booking Contract) will be subject to the jurisdiction of the courts of England and Wales.