Standard Terms & Conditions for the supply of services
These Terms and Conditions are the standard terms for the provision of services by The Proofreading Company Ltd, a company registered in England under 08290302 of Kemp House, 152-160 City Road, London, EC1V 2NX.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- “Client” means the party ordering the Services from The Proofreading Company;
- “Contract” means the contract for the provision of Services;
- “Order” means your order for the Services;
- “Price” means the price payable for the Services;
- “Services” means the services which are to be provided by The Proofreading Company to you;
- “The Proofreading Company/We/Us/Our” means The Proofreading Company, a company registered in England under company number 08290302 of Kemp House, 152-160 City Road, London, EC1V 2NX, and includes all employees and agents of The Proofreading Company, including individuals supplying services to us on a freelance basis.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.
2. The Contract and Orders
2.1 These Terms and Conditions govern the sale and provision of Services by The Proofreading Company and will form the basis of the Contract between The Proofreading Company and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
2.2 No binding contract shall exist unless The Proofreading Company has accepted an Order in writing by email or otherwise.
2.3 If The Proofreading Company cannot find an editor within 24 hours of accepting an Order in writing, We shall refund your payment in full within 5 working days, with no obligation to carry out the editing work and no liability to you for failure to do so. If The Proofreading Company cancels your Order, the cancellation will be confirmed to you in writing.
3. Price and Payment
3.1 The Price of the Services will be confirmed in writing at the time of your Order.
3.2 If The Proofreading Company’s initial quote for an Order is based on a sample of writing, rather than the full text to be edited, We reserve the right to change the Price of the order before commencing the editing work. If the Price of your Order is changed, The Proofreading Company will inform you of any such change in writing, and shall not proceed with the editing work before your written acceptance of the new Price is received.
3.3 Payment shall be made in advance of receiving the Services via the payment method agreed with The Proofreading Company, unless otherwise agreed in writing.
3.4 We accept the following methods of payment:
3.4.1 bank transfer;
3.5 If you do not make the agreed payment to The Proofreading Company by the due date, we may charge you interest on the overdue sum at the rate of 4% per annum above The Bank of England’s 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.
3.6 Refunds shall be given at the sole discretion of The Proofreading Company.
4. Providing the Services
4.1 The Proofreading Company will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 6 for events outside of Our control.
4.2 If The Proofreading Company requires any information from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Depending upon the exact nature of the Services you require from Us, We may require information including but not limited to: the specific requirements of the publisher or institution for which your text is being prepared; clarifications regarding the meaning of your writing; and/or clarifications regarding any other editing requirements.
4.3 If the information you provide under sub-Clause 4.2 is delayed, incomplete or otherwise incorrect, The Proofreading Company will not be responsible for any delay caused as a result.
5. Service Quality and Standards
5.1 The Proofreading Company is not liable, whether in contract or tort or otherwise, for incidental, indirect, consequential, special, punitive, or exemplary damages, including the following:
5.1.1 any loss of revenues or profits or anticipated revenues or profits;
5.1.2 any loss of business or expected future business;
5.1.3 any loss of data related to this service;
5.1.4 any damage to reputation or goodwill;
5.1.5 any damages or costs incurred by or payable to any third party;
5.1.6 any loss or damage that is not foreseeable;
5.1.7 any loss arising in the event that the use of the Services is in breach of the Client’s University or School regulations or provisions governing academic work, where applicable.
6. Events Outside of Our Control (Force Majeure)
The Proofreading Company will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our 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 event that is beyond Our control.
7.1 The Contract commences between The Proofreading Company and the Client as soon as The Proofreading Company has received payment from the Client or written confirmation from the Client that work is to commence.
7.2 You have the right to cancel your Order within 14 days of placing the Order under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the 2013 Regulations”) unless you request that work begin before the expiry of this 14-day period. If you request that work begin before the expiry of this 14-day period you will not have the right to cancel your Order under Regulation 29(1) of the 2013 Regulations.
7.3 The Proofreading Company may terminate the Contract via written communication to the Client with immediate effect should the Client fail to make any payments due under the Contract.
8. How We Use Your Personal Information (Data Protection)
8.1 All personal information that The Proofreading Company may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
8.2 The Proofreading Company may use your personal information to:
8.2.1 provide Our Services to you;
8.2.2 process your payment for the Services;
8.2.3 inform or remind you of services available from Us. You may request that We stop sending you this information at any time.
8.3 We will not pass on your personal information to any third parties other than those directly involved in the supply of the Services without first obtaining your express permission.
9. Other Terms
9.1 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
9.2 The Contract is between you and The Proofreading Company. 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.
9.3 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, that/those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
9.4 No failure or delay by The Proofreading Company in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
10. Governing Law and Jurisdiction
10.1 These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
10.2 Any dispute, controversy, proceedings or claim between The Proofreading Company and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.