Service Terms & Agreement

Effective Dates

  1. This Agreement will begin on the date the service is requested and continue until terminated, as provided in this Agreement.

Statement of Work

  1. The Editor will deliver the completed product to the Client by email on or before the agreed-upon date.

Place of Work and Meetings

  1. Any project includes two (2) 15-minute meetings, unless otherwise agreed upon. Time spent at additional meetings will be charged at the hourly rate of $25/hr. Meetings include those conducted in person, by phone, or electronically.The project {includes/does not include} {#} Time spent at additional meetings will be charged at the hourly rate of ${0.00}. Meetings include those conducted in person, by phone, or electronically.

Changes and Additions

  1. Any additions or changes to the project will modify the Statement of Work, may change the due date, and may be billed as additional work. Changes made to material that has already been submitted to the Editor for editing may be considered additional work.
  2. The Editor will keep the Client informed of additional work that is required or recommended and request the Client’s approval for any additional work, associated expenses, and change in the project deadline.
  3. The Client and Editor agree that requests for additional work and renegotiated deadlines or fees will be in writing (email) as described under Notice.

Deadline

  1. The work plan requires that both the Client and the Editor meet the agreed milestones. Adjustments to the work plan may be required if the agreed milestones are not met.

Delivery Details

  1. Documents delivered: Two documents will be delivered: (1) the original document with the edits and changes visible and (2) a new document that has all the edits and changes incorporated.
  2. Inherent Qualities: Digital files may become corrupted or erased with improper use, and storage media (e.g., DVDs) may degrade over time. It is the Client’s responsibility to ensure the safekeeping and stability of the files once the Editor has released them to the Client.

Financial Details

  1. Invoicing: The Editor will invoice the fees before editing on the project has begun. All work, including edits, drafts, notes, and research, is the exclusive property of the Editor until the Client’s account is paid in full. Once the Client pays all fees due under this Agreement, any copyright the Editor may have in the product developed under this Agreement will transfer to the Client. In cases of very large projects, 50% of the cost will be invoiced at the beginning, and 50% once the editing has been completed.
  2. Under Canadian law, copyright in an original work automatically belongs to the person who created the work. Editing that work does not change the author’s copyright in the original work, but the editor could claim copyright in the edits. Also, depending on the extent of editing, the edited version of the original work could be considered its own original work (sometimes known as a derivative work). Copyright in that changed version would rest with the editor. (See the Canadian Intellectual Property Office’s “Guide to Copyright” for more information: http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr02281.html.)
  3. Overdue Payments: In cases of The Client will pay the Editor within 30 days of receiving the Editor’s invoice. Any payment after the due date is subject to late fees of 2% per month (26.8% per year).

Other Terms and Conditions

Editor’s Status

  1. The Editor is an independent contractor. Nothing in this Agreement will be understood to create a partnership, joint venture or co-venture, agency, or employment relationship between the Client and the Editor.
  2. At the option of the Editor, the Client may credit the Editor for the work developed under this Agreement.

Confidentiality and Non-Disclosure

  1. The Client will provide all information that has a direct bearing on the successful outcome of the project and will inform the Editor in writing of any portion of the work or related information that is confidential. The Editor will hold in confidence and not disclose the confidential information to any third party, except with the Client’s written consent or as required by law with prior notice to the Client.
  2. The Editor will take all reasonable steps to safeguard and prevent the loss, destruction, or unauthorized access, use, or disclosure of the confidential information using a reasonable degree of care and no less than the same degree of care used to protect the Editor’s own confidential information. The Editor will promptly return to the Client or destroy, as directed by the Client, confidential information and any other Client property requested by the Client at any time.
  3. The Editor will not make any unauthorized use of any of the Client’s trade secrets, confidential information, proprietary property, trademarks, or copyrighted materials.

Use of Copyrighted Work

  1. The Editor will endeavour to flag elements of a work that may require copyright permissions. However, unless otherwise specified in writing, the Client accepts responsibility for complying with copyright laws and obtaining the necessary permission to use any elements of provided text, graphics, photos, music and song lyrics, designs, trademarks, or other created work to be included in the final product.

Warranties

  1. Editing is a process of offering advice and suggestions to the Client. While the Editor will make every effort to identify and bring questionable material to the Client’s attention, it is not possible to guarantee error-free content.
  2. The Editor does not check the validity of calculations, graphs, models, or any data-generated information, unless specifically, and in writing, requested by the Client and agreed upon by both the Client and the Editor. Any copywriting requests will include checking validity of calculations, graphs, models, or any data-generated information.
  3. The Editor is not responsible for checking the project/work for potential plagiarism or copied content. Ensuring that the work is free of plagiarism is the sole responsibility of the Client. The Editor will notify the Client of any suspected plagiarism if they notice it.
  4. The Editor’s responsibility is limited to notifying the Client of any suspected or unresolved issues within the edited work. The Client is responsible for accepting (or rejecting) the Editor’s suggestions and resolving any issues identified by the Editor.
  5. Rejecting or disliking the Editor’s suggestions is not a basis for refusing to pay the fees outlined in the service invoice or the fee agreed-upon in writing and is not a basis for any monetary or non-monetary refunds. 
  6. It is the Client’s responsibility to ensure that the work they submit for editing is their own, or that they have acquired explicit permission to submit someone else’s work for editing (e.g. an employee in an organization) if it is not their own.
  7. It is the Client’s responsibility to ensure that their request for editing will not fall under “cheating” under the code of student behaviour at their respective university, college, or any other educational facility.
  8. For resume and cover letter editing and feedback, the editor will provide editing suggestions and feedback on how to improve the resume and/or cover letter, but the editing and feedback process does not guarantee or imply an increase in the number of job call-backs or successful job applications. Being unsuccessful in the job application process and/or not receiving job call-backs is not basis for any monetary or non-monetary refunds for editing and/or feedback services rendered.

Indemnity and Liability

  1. The Editor will comply with all applicable laws in the course of performing the services.
  2. The Client agrees to indemnify the Editor from any and all claims or demands, including legal fees, that arise out of any alleged libel, copyright infringement, or other legal or contractual issues created by the Client in writing, revising, publishing, or otherwise using the work.
  3. Failure to Perform: If the Editor cannot perform the duties outlined in this Agreement for reasons beyond the Client’s or Editor’s control, the Editor will refund any amount paid by the Client for services not delivered, including any unearned portions of a deposit, if paid. The Client will not have any further liability with respect to the Agreement.
  4. The Editor will not be liable for any amount in excess of the fees due under the Agreement. This limitation on liability also applies if information or materials are damaged or lost without fault on the part of the Editor.

Termination

  1. This Agreement may be terminated by the Client or the Editor with at least three (3) business day notice. If the Agreement is terminated, the Client will pay the Editor for work done and expenses incurred up to the date of termination. Subject to the terms for a deposit, any fees advanced will be credited against the amount due.
  2. The provisions of this Agreement that by their nature are intended to extend beyond its termination will survive and remain in effect despite the completion of the services or the termination of the Agreement. This includes the sections of this Agreement required for its interpretation and enforcement.

Notice

  1. Notice by one party to the other under or for the purposes of this Agreement (including for the purpose of modifying it) will be in writing and will be delivered by email to the email address set out at the beginning of the service request.
  2. Communications sent by prepaid mail will be considered to have been given and received on the fourth business day after the day of mailing. Communications by email will be considered to have been given and received at the time of delivery or transmission if that delivery or transmission occurs prior to 4:00 p.m. on a business day, failing which the communication will be considered to have been given and received on the next business day. For the purposes of this Agreement, a business day means any weekday that is not a holiday.

Dispute Resolution

  1. The Client or the Editor may request that any dispute arising out of this Agreement be submitted to binding arbitration before a mutually agreed-upon arbitrator in accordance with the arbitration legislation of the governing province or territory. The arbitrator’s decision or award will be final.

Applicable Law

  1. This Agreement will be governed and interpreted in accordance with the laws of Canada and the province/territory of Alberta, Canada.
  2. If any part of this Agreement is found to be unlawful, void, or for any reason unenforceable, it will be considered separate from this Agreement and will not affect the validity and enforceability of the remaining Agreement. If either the Client or the Editor waives a breach or default under this Agreement, the waiver will not apply to a repeat of the same breach or to a breach or default of another clause in the Agreement.

Modification of Agreement

  1. Any modification of this Agreement must be in writing and acknowledged in writing by both the Client and the Editor.
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