The Small Print / Kleingedrucktes (engl.)

Terms and Conditions

1. DEFINITIONS AND INTERPRETATIONS

The following definitions and rules of interpretation apply in these Terms and Conditions:

1. “Proofreading4you” refers to Sabine Spencer, owner of this website (www.proof-reading4you.com).

2. “the website” refers to the website of www.proof-reading4you.com.

3. “you” and “your” refer to the person browsing or viewing the website of www.proof-reading4you.com or ordering a service from Proofreading4you; “we” means you and Proofreading4you.

4. “the document”, “the work” and “your work” refer to the work being proofread.

5. “the service” refers to the service to be provided by Proofreading4you under the contract as set out in the quotation or by clear agreement in an email.

6. “the Regulations” means The Consumer Protection (Distance Selling) Regulations 2000 and amendments.

2. ACCEPTANCE OF TERMS AND CONDITIONS

1. If you browse and use the website, you are agreeing to accept and be bound by these Terms and Conditions (and any modification of the Terms and Conditions). The Terms and Conditions govern Proofreading4you’s relationship with you in relation to this website. If you do not accept the Terms and Conditions, you should stop using the website immediately and you should not use any of its services.

2. It is your responsibility to read the Terms and Conditions prior to using the website and regularly check for any changes. If you have any questions about the Terms and Conditions, please ask Proofreading4you before accepting a quotation or paying a deposit.

3. When you use any current or future Proofreading4you service, you will be subject to the guidelines and conditions within these Terms and Conditions.

3. CONTRACT

1. All contracts made between you and Proofreading4you are subject to and governed by these Terms and Conditions and any other terms and conditions shall not form part of the contract.

2. No binding contract shall be deemed to exist until a quotation has been supplied by Proofreading4you and its contents accepted in writing, by email or otherwise, by you. Once you have accepted the quotation, the contract will be treated as concluded for the purposes of The Consumer Protection (Distance Selling) Regulations 2000 (see 15. Cancellation).

3. The website is intended to be used only by persons over the age of 18.

4. Proofreading4you can terminate a contract at any time and for any reason. A specific reason would be the non-payment of payments due. Upon notice being given to you of the termination of the contract, you would be required to pay Proofreading4you all sums due.

5. If you breach any of the Terms and Conditions then Proofreading4you will hold you fully responsible for any legal claim for expenses, liability or financial losses, including legal fees incurred by Proofreading4you, caused by your breach.

4. VARIATION

1. Proofreading4you reserves the right to change the Terms and Conditions at any time without notice and without liability arising from such an action. Your use of the website will be deemed as acceptance of any amended Terms and Conditions.

2. Proofreading4you advises you to regularly check the Terms and Conditions. Proofreading4you has complete discretion to modify or remove any part of the website without warning and without any liability arising from such an action.

5. PRIVACY AND PERSONAL INFORMATION

1. Proofreading4you takes your privacy very seriously. Proofreading4you will not share any details of Proofreading4you’s transactions with you with any third party other than Proofreading4you’s subcontractors. Proofreading4you will not disclose, share, distribute or sell your personal information or your text or any part of it under any circumstances.

2. All subcontractors used by Proofreading4you have signed confidentiality agreements with Proofreading4you and their experience/qualifications have been established to Proofreading4you’s satisfaction. You retain sole copyright, ownership and control over all materials submitted.

3. You are responsible for providing true personal information such as your name, address, telephone number, email address and all payment details. If you provide incorrect information, Proofreading4you can refuse to provide a service to you or can cancel any remaining work due to be sent to you.

6. PRICES AND “TITLE” (LEGAL OWNERSHIP)

1. Prices quoted on the website are indicative and should only be used as a general guideline. An exact quotation tailored to your requirements can be provided by Proofreading4you in writing or via email.

2. Proofreading4you reserves the right to alter pricing without notice, although any prices previously confirmed in writing will remain valid for 30 days from the date of the quotation.

3. Proofreading4you is entitled to increase prices due to any increased costs resulting from altered instructions, additional instructions, lack of instructions or any delays caused, or additional work required by you.

4. Title (i.e. legal ownership) of any services ordered via the website does not pass to you until your payment is processed and a payment has been made into Proofreading4you’s bank account.

5. The price shown on the quotation is valid for 30 days from the date shown on the quotation.

7. PAYMENT

1. The fee quoted by Proofreading4you for services requested by you is due prior to the start of work for such services. Because of the varying nature and unpredictability of different projects, it is not possible to give formal estimates. In the event of changes to the scope of work or other factors outside Proofreading4you’s control, Proofreading4you shall reserve the right to renegotiate this agreement and collect for all services performed up to the date of renegotiation.

2. Payment can be made by electronic bank transfer, PayPal or cheque.

3. Before Proofreading4you can release your work to you, payment must be ‘cleared funds’, and Proofreading4you cannot be held responsible for any delays caused by banks, other financial institutions, fraud or identification checks.

4. For regular customers Proofreading4you may agree to monthly invoicing. Any such arrangements must be agreed before work begins and any such invoices shall be paid by you within 14 days from the date of invoice.

5. Refunds will only be given in extreme circumstances such as the total failure to complete your work. Any refunds are at the sole discretion of Proofreading4you.

8. SUPPLY AND DELIVERY

1. When you accept a quotation, the timescale for completion of the work is discussed. If Proofreading4you cannot complete the work within the time scale you request then Proofreading4you will inform you immediately so that you can make other arrangements to have your work proofread. Proofreading4you recommends that you instruct Proofreading4you in plenty of time to avoid this situation occurring. If you need work completing urgently, this must be clearly specified.

2. Work submitted as a Word document will be edited in Microsoft Word using the track changes function. Work submitted as a PDF will be edited using PDF X-Change Viewer, unless you specifically request otherwise. An amended version of your document shall be returned to you within the agreed timescale. Final responsibility for proofreading and approving the final draft lies with the client. Proofreading4you shall not be held liable for typographical omissions, grammatical errors, content, etc.

9. ACADEMIC LIABILITY AND PLAGIARISM

1. In relation to the work of students:

a. The mark you are awarded by your academic institution is not within Proofreading4you’s control and Proofreading4you cannot be held legally responsible for a lower-than-expected mark or grade in relation to any material returned by Proofreading4you. While Proofreading4you’s aim is to ensure that your work is free from errors of spelling, grammar and punctuation and is consistent in style, Proofreading4you cannot guarantee that using Proofreading4you’s service will result in improved marks.

b. Proofreading4you recommends that you advise your tutor/supervisor that you have employed a proofreader.

c. Proofreading4you recommends that you check that the use of a proofreading service is permitted by your academic institution and, if so, whether it is a requirement that this be referenced in your work.

2. Plagiarism (including collusion) and breach of copyright are very serious offences and, if plagiarism or breaches of copyright are proved to exist in your work, it can result in severe penalties including permanent disqualification from your studies. Avoiding plagiarism remains your responsibility at all times. Proofreading4you does not check your document for any possible plagiarism issues.

3. Proofreading4you will not proofread your document in any way that breaches your academic institution’s potential rules concerning plagiarism and cheating. For example, Proofreading4you will not rewrite your document or substantial parts of it, add text from anyone else’s work and insert it into your document, paraphrase anyone else’s work and insert it into your document, or make any other change that would constitute plagiarism.

4. You accept that Proofreading4you will give you no other guidance about plagiarism, collusion and cheating other than that outlined above in sections 9.2 and 9.3.

5. You accept that Proofreading4you carries out a service that assists you in your academic work, but Proofreading4you’s service does not constitute professional academic advice.

10. LIMITATION OF LIABILITY

1. You remain responsible for the content of your work at all times. Proofreading4you cannot be held responsible for the legality or validity of the information that is included in your work.

2. Proofreading4you cannot be legally liable for any loss or damage, indirect, special or consequential, including financial losses or any loss or damage whatsoever that you claim results directly or indirectly from your use of the website, Proofreading4you’s services or anything in your work returned by Proofreading4you, late delivery of your work or from the use of Proofreading4you’s services being in breach of your academic institution’s regulations or provisions governing academic work. Such losses would include any loss of business, income, profits or data. You would only be able to successfully claim such damages if you could prove that Proofreading4you had worked negligently and the losses were reasonably foreseeable at the time the contract was entered into.

3. Proofreading4you shall not be liable for any direct, indirect or incidental damages resulting from the use of or the inability to use the website, or for the cost of procurement of substitute services, including, but not limited to, damages for loss of profits, use, data or other losses, even if Proofreading4you has been advised of the possibility of such damages.

4. Proofreading4you in no way endorses the contents of any of your communications or submitted documents. Proofreading4you does not assume responsibility for any threatening, libellous, obscene, harassing or offensive material contained therein, any infringement of third-party intellectual property rights arising therefrom, any crime facilitated thereby or any subsequent use thereof upon completion of work by Proofreading4you.

5. Nothing in these Terms and Conditions excludes liability for death or personal injury caused by the negligence of Proofreading4you or its agents.

11. DISCLAIMER AND THE USE OF THE WEBSITE

1. The information contained in this website is for general information purposes only. It is subject to change without notice. The information is provided by Proofreading4you, and while Proofreading4you endeavours to keep the information up to date and correct, Proofreading4you makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, availability or security with respect to any part of the website or the information, products, services or related graphics contained on the website for any particular purpose. Any reliance you place on such information is therefore strictly at your own risk. It shall be your own responsibility to ensure that any services or information available through the website meet your specific requirements.

2. While Proofreading4you tries to ensure that the website is free from inaccuracies and errors, Proofreading4you cannot guarantee that there are no inaccuracies or errors. You acknowledge that information on the website may contain inaccuracies and errors and Proofreading4you expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

3. Proofreading4you reserves the right to discontinue operation of the site with or without notice to you and with or without cause at any time. Proofreading4you shall not be liable to you or any third party for any losses arising out of discontinuation of the site.

4. You agree that you will not use the website for illegal purposes and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the website. You also agree not to compromise the security of the website or attempt to gain access to secured areas or sensitive information.

12. WARRANTY

1. Each of the parties warrants its power to enter into this agreement and has obtained the necessary approval to do so.

13. THIRD PARTIES

1. These Terms and Conditions apply to you and Proofreading4you only and do not confer any rights of any kind upon anyone other than you and Proofreading4you.

2. Through this website you may be able to link to other websites which are not under the control of Proofreading4you. Any such links are provided for your convenience to provide further information. Proofreading4you has no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within these other websites. You should also note that, once you have left the website and browse or use another website, that other website(s) is not governed by Proofreading4you so you should exercise caution regarding providing information to another website(s) and check the terms and conditions relevant to that other website(s).

3. Unauthorised use of this website may give rise to a claim for damages and/or constitute a criminal offence.

14. ASSIGNMENT

1. You shall not, without the prior written consent of Proofreading4you, assign, transfer, charge, mortgage, subcontract or deal in any other manner with all or any of your rights or obligations under the contract.

2. Proofreading4you may at any time assign, transfer, charge, mortgage, subcontract, declare a trust or deal in any other manner with all or any of its rights under the contract and may subcontract or delegate in any manner any or all of its obligations under the contract to any third party or agent.

15. CANCELLATION

1. Proofreading4you complies with the requirements of The Consumer Protection (Distance Selling) Regulations 2000 including amendments (“the Regulations”) in relation to contracts for the supply of services.

2. You can cancel your work at any time before work is begun, at no charge. Any payment you have made in advance will be refunded by Proofreading4you.

3. You do have a right to cancel under section 10 of the Regulations, as long as your cancellation is made within the cancellation period defined in the Regulations. Your notice of cancellation must comply with section 10(4)(a)-(d) of the Regulations. As long as Proofreading4you has complied with Regulation 8 of the Regulations, the cancellation period begins on the day on which the contract is concluded and ends on the expiry of seven working days, beginning with the day after the day on which the contract is concluded.

4. There is an exception to your right to cancel. According to the Regulations, once Proofreading4you has begun work on the service with your agreement before the end of the cancellation period applicable under regulation 12, you do not have a right to cancel, unless you and Proofreading4you agree otherwise in writing [Regulation 13(1)]. If we do make such an agreement in writing, you will be billed for the work that has been completed up to that point at the per-word price in your quotation and this sum is payable immediately. The partially completed work will be sent to you upon receipt of your payment. If you paid in full upfront, a partial refund will be provided in accordance with the per-word price in your quotation and the number of words that were not edited.

5. Proofreading4you has the right to refuse to provide a service to you or to cancel the service at any time and for any reason. Specific reasons for refusal might be that the content of your work is offensive or illegal; the document you submit cannot be proofread within the requested time frame; fraud is suspected or Proofreading4you has evidence to suggest that you are guilty of the offence of plagiarism.

16. SECURITY – VIRUSES

1. Proofreading4you will try to ensure that any files originating from Proofreading4you’s computer are free from viruses but can make no warranty about this or guarantee it. Proofreading4you cannot guarantee that emails or attachments originating from a third party are virus free. You should check all emails, attachments and other files to ensure that they are virus free before accessing them or sending them to Proofreading4you.

2. If Proofreading4you suspects that a virus has contaminated your work, Proofreading4you can refuse to work for you or can cancel any remaining work due to you. All risk of contamination by a virus is assumed by you.

17. COPYRIGHT

1. You retain sole copyright, ownership and control over the work you submit to me, including the work subsequently amended by me.

2. Breach of copyright is a serious offence and you are responsible for any breach of copyright contained within your work.

3. The content, design, layout, data and graphics on this website are protected by UK and other international intellectual property laws and are owned by Proofreading4you unless expressly stated otherwise.

4. By using the website you agree to respect these intellectual property rights laws and will not copy, download, reproduce, print, republish, store, edit or modify, sell or exploit for commercial purposes any material contained within the website. You will indemnify all liability for any infringement or other breach of copyright.

18. ERRORS AND OMISSIONS

1. Proofreading4you aims to provide an accurate, thorough and reliable proofreading and editing service. However, Proofreading4you cannot guarantee 100% accuracy (simply because of human error) and occasionally Proofreading4you may not correct an error.

2. Proofreading4you cannot be held responsible for direct, indirect, special or consequential losses or costs incurred by any errors remaining in your work, be they factual or grammatical. The final responsibility for errors remains with you.

19. LOSS

1. While Proofreading4you is proofreading your work Proofreading4you will save a copy of it in its original form. However, you must always retain an original copy of your work, too, as Proofreading4you cannot be held responsible for losing it.

20. COMPLAINTS AND REFUNDS

1. Proofreading4you wants you to be happy with the work carried out and takes any complaint very seriously. If you have a complaint then you should immediately contact Proofreading4you by email, text or telephone Proofreading4you on 07726 438428 and Proofreading4you will try to remedy the situation satisfactorily.

2. All complaints or requests for amendments must be made within 7 days of receipt of the completed work. However, if any requested amendments breach any clauses relating to plagiarism or copyright contained within these Terms and Conditions, Proofreading4you will refuse to make the requested amendments.

3. Best efforts shall be made by both parties to resolve the dispute arising from a complaint.

4. Based on full consideration of your comments, Proofreading4you will either:

(a) redo all or part of the work at no extra cost to you

(b) conclude that the work is already done.

5. If there is total dissatisfaction with Proofreading4you’s work which cannot be remedied by discussion and we agree that the service has not been satisfactory, then a refund will be made, the maximum payment being the amount paid by you until the date of the refund. All refunds will be made to the account designated on the quotation/invoice or that identified by an electronic transfer of the fee. No refunds will be made in cash.

6. Proofreading4you will not be held liable for errors or omissions caused by your failure to communicate your requirements clearly.

21. SEVERANCE

1. The previously mentioned paragraphs, subparagraphs and clauses of these Terms and Conditions shall be read and construed independently of each other. If any part of these Terms and Conditions is found to be invalid, unlawful or unenforceable by the court or an institution with jurisdiction, then any such term shall be struck out (that is, cancelled), but the remaining Terms and Conditions shall remain in force.

22. EVENTS BEYOND PROOFREADING4YOU’S CONTROL/FORCE MAJEURE

1. Proofreading4you shall not be liable for any delay or failure to perform any obligation under these Terms and Conditions and both parties shall be released from their respective obligations if the delay or failure is caused by any circumstances beyond both parties’ reasonable control, including, but not limited to, fire, explosion, flood, war (or similar events such as national emergency or civil unrest), acts of God, industrial disputes, technical failure or any other similar event which renders the performance of obligations impossible.

2. If one of the “force majeure” events noted above occurs, then any money due under the Terms and Conditions is immediately payable and each party shall be liable to pay to the other damages for any breach of agreement and any reasonable expenses or costs incurred directly as a result of such events occurring.

3. This clause does not affect your statutory rights.

23. WAIVER

1. Failure by Proofreading4you to enforce any rights under these Terms and Conditions is not to be deemed to be a waiver of those rights, unless Proofreading4you confirms a waiver in writing.

2. If there is a waiver or variation of any of these Terms and Conditions by Proofreading4you at any time, then that will constitute a waiver or variation for the purpose of that particular transaction only, and your obligations in respect of being bound by the remaining Terms and Conditions shall continue to be in full force, i.e. will continue to apply to you fully.

24. JURISDICTION

1. These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts in England and Wales without reference to rules governing choice of laws.