Terms & conditions
Issued: 08 DECEMBER 2018
1. DEFINITIONS & INTERPRETATION1.1 In these Terms and Conditions, 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
– Project : The written material(s) which require the services
– Work : The undertaking of the services
1.2 Each reference in these Terms and Conditions 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 work will be carried out on a freelance basis.
3.5 You are under no obligation to offer me any projects and neither am I under any obligation to accept projects offered by you.
3.6 The work 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 work on the project 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 quotation, brief or deadline as necessary.
4. FEES4.1 The fees for the services will be quoted in writing upon receipt of your order request and project brief.
4.2 Quotations are valid for a period of 30 days only, and I may withdraw it at any time by providing notice to you.
4.3 If my initial quote is based on a sample of writing and, upon receipt of the full project documents or at an early stage in the project, it becomes apparent that significantly more work is required, I reserve the right to change the quotation, brief or deadline before commencing the work.
4.4 If the quoted fee for the order is changed, I will inform you in writing and will not commence the work until I have received from you written acceptance of the new fee.
5. PAYMENT5.1 Payments will be made by the client on receipt of the invoice as per below:
5.1.1 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.
5.1.2 Projects with a total fee of £501 and over will be invoiced a 50% deposit in advance, which you will pay in full in advance to secure the booking in my schedule.
5.1.3 Bookings will only be scheduled in and confirmed upon receipt of the payment as invoiced.
5.1.4 Projects with a total fee of over £500 will be invoiced the remaining 50% on completion of the project, which you will pay in full in advance of the completed work being released to you.
5.2 Standard terms of payment are 14 days from the date the invoice is emailed to you.
5.3 I accept the following methods of payment:
– Bank transfer/Faster payment
5.4 Invoices will be paid in full and you will pay for any additional bank charges in connection with the payment to ensure that the full invoice amount is received.
5.5 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.
5.6 If you do not make the agreed payment by the due date, I may charge interest on the overdue sum at the rate of 4% per annum above the current bank rate. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum. You must pay any interest due when paying an overdue sum.
5.7 Refunds will solely be given at my discretion.
6. CANCELLATION6.1 The contract between you and I will commence as soon as I have received written confirmation from you that the work is to commence, received the completed Booking Confirmation Form, and received any advance/deposit payments as requested.
6.2 If you cancel the order 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 quote for hours not profitably used and you will be liable to pay the invoice.
6.3 If you cancel the order whilst the project is being undertaken, I will charge for any unpaid fees due for the work already completed and you will be liable to pay the invoice.
6.4 I may terminate the contract via written communication to you with immediate effect should you fail to make any payments due under the Terms and Conditions of the contract.
7. PROVIDING THE SERVICES7.1 I will make every reasonable effort to complete the services on time and in accordance with your order.
7.2 I take no responsibility for delays if an event outside of my control occurs. Please refer to Section 11 below.
7.3 If I require any information from you in order to provide the services, I will inform you of this as soon as possible.
7.4 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.
7.5 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 project. I will undertake the final editing and sign off to ensure it is completed to my high level of standards.
7.6 All documents sent to me by email, mail or courier will be sent at your own expense and risk.
8. PROVIDING STUDENT ACADEMIC PROOFREADINGFurther to Section 7 above:
8.1 Student academic work for assessment is subject to a specific proofreading service.
8.2 Full details of what the student academic proofreading covers can be found in the Student Proofreading FAQs.
8.3 I take no legal responsibility for the assessment mark awarded to you by your university/academic institution as this is outside of my control.
8.4 I make no guarantee that the proofreading service will result in an improved assessment mark.
8.5 It is strongly advised that you check with your university/academic institution to ensure that use of a proofreader is permitted and that you inform your tutor/supervisor that you are using this service.
8.6 I take no responsibility if you proceed with the service against your university/academic institution’s regulations, whether knowingly or not.
8.7 I do not check for plagiarism, paraphrase text or rewrite text that belongs to yourself or anyone else.
8.8 It is your responsibility to avoid plagiarism and collusion.
9. LIABILITY & INDEMNITY9.1 You are responsible for the accuracy and completeness of your project content/work/items/documents and all information provided to me to complete your order.
9.2 It is your sole responsibility to ensure that your work does not breach plagiarism or copyright guidelines.
9.3 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
10. SERVICE QUALITY & STANDARDS10.1 I aim to provide an accurate, thorough and reliable service.
10.2 I aim to provide a service of the very highest standard but it is not possible to offer ‘perfection’ as the word is open to individual interpretation, and it is possible that occasionally an error may be overlooked.
10.3 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.
10.4 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.
10.5 I will not be held liable for any errors or omissions caused by your failure to communicate your requirements clearly.
10.6 The Society for Editors and Proofreaders provides further information on Standards in Proofreading.
11. EVENTS OUTSIDE OF MY CONTROL (FORCE MAJEURE)11.1 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.
11.2 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 Terms and Conditions, I will inform you as soon as reasonably possible.
12. FEEDBACK12.1 I welcome feedback 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 or negative feedback so that I can continually develop my service.
12.2 If you wish to notify me of an issue relating to the work I have undertaken, please email me in writing within 10 working days of delivery of the project.
13. MARKETING MATERIALS13.1 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.
13.2 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.
13.3 I will sign a Non-Disclosure Agreement as required.
13.4 I will not share any of your personal details. Please refer to Section 14 below.
14. DATA PROTECTION14.1 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.
14.2 I may use your personal information to:
– Provide my editorial 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
14.3 I will never lease, distribute, sell or trade your personal information for marketing purposes to any third-party companies.
14.4 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 13 Section above.
15. OTHER IMPORTANT TERMS15.1 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the contract) without my express written permission.
15.2 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 Terms and Conditions.
15.3 If any of the provisions of these Terms and Conditions 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 Terms and Conditions. The remainder of these Terms and Conditions will be valid and enforceable.
15.4 No failure or delay by Lighthouse Proofreading in exercising any of my rights under these Terms and Conditions means that I have waived that right, and no waiver by me of a breach of any provision of these Terms and Conditions means that I will waive any subsequent breach of the same or any other provision.
16. GOVERNING LAW & JURISDICTION16.1 These Terms and Conditions (and contract) will be governed by, and construed in accordance with, the laws of England and Wales.
16.2 Any dispute, controversy, proceedings or claim between you and I relating to these Terms and Conditions (or contract) will be subject to the jurisdiction of the courts of England and Wales.