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“Academic Proofreading and Editing Disclaimer ”
Definition of Terms
“Company,” “We,” or “Our” mean and refer to The Davidian.
“Website” means all online content on www.thedavidian.com.’s website pages.
“Customer,” “Client”, “You,” or “Yours” shall mean the individual, firm or legal entity or any other person on your behalf ordering the Services from the Company.
“Services means and refers to all services provided by the Company.
“Order” means an order made by Customer to purchase services or products provided by the Company.
“Source Material” shall mean the documents submitted by the client for the provision of services.
“Product” means the items / items belonging to the Client that the Company will be writing about if the Company’s writing services is being used.
“Deliverables” means the final version of any documents the Company has written, edited, proofread or translated.
Payment Terms
Any quotation provided and subsequent invoices issued by The Davidian are exclusive of local taxes and duties unless the contrary is explicitly agreed in writing.
Unless otherwise agreed by The Davidian in writing the following payments terms will apply:
a) 50% deposit from the Client is required for any editing and proofreading services ordered. The remaining 50% is payable upon delivery.
b) 50% deposit is required for our translation services and the remaining 50% is payable upon delivery.
c) 40% deposit is required from the client for our writing services. The remaining 40% is payable upon submission of the draft to the client and the final 20% is payable upon delivery.
Deposits are payable within the timeframe quoted on any quotation or invoices.
Delivery
Delivery dates quoted by The Davidian whether in writing or orally are bona fide estimates which The Davidian will endevour to achieve but The Davidian cannot guarantee the same and no liability shall attach to The Davidian in the event of delivery being delayed. Delay shall in no circumstances amount to or be deemed to be a breach of contract, neither shall the Client be entitled to treat the contract as repudiated by reason of the delay.
Delivery is deemed to have taken place after transmitting the Deliverables by email, on posting, delivery to a carrier or if the deliverables are picked up by the Client from The Davidian.
Unless otherwise agreed deliverables will be in electronic format.
Change Requests
Editing, Proofreading and Translation
a) Client must notify The Davidian of any error or fault in relation to the Deliverables within 5 working days of delivery. After such time The Davidian will not be liable in relation to any such error or fault.
b) In the event that an error or fault is reported within 5 working days of delivery, The Davidian will correct the following errors without further charge to the Client: Spelling and grammatical mistakes, outright mistranslation, omission, typographical error, or non-adherence to any approved glossary or reference work.
c) The Davidian and the Client understand that the Services provided are not an exact science and no two editors/translators will edit/translate any text in the same way as the other.
d) For translation services whilst every attempt is made to ensure any Deliverables supplied by The Davidian are accurate, no guarantee is given in that regard and The Davidian shall not be held liable for any consequential loss or damage caused by any inaccuracy or difference of interpretation.
Bespoke Writing Services
a) The Client may request reasonable changes if the content does not reflect the agreement between the Client and The Davidian.
b) Changes should be requested in writing and before the deliverables are accepted and signed off as completed by the Client.
c) We will revise any Deliverables to ensure that no technical errors remain and that the Deliverables reflect what was agreed between the Client and The Davidian. If the Deliverables are as per the original agreement and no technical errors remain in the content, any further revisions to that content are provided at the sole discretion of The Davidian.
d) If changes are requested after a project is completed and signed off then The Davidian reserves the right to incur additional costs, but such costs will be agreed in writing with the Client prior to recommencing any work.
In the event of any error or fault in the Deliverables, the Client must allow The Davidian the opportunity to correct such error or fault. Unreasonable failure to do so will amount to a waiver of any related defence, claim or set-off against The Davidian.
The Davidian reserves the right not to correct errors resulting due to inaccuracies in source material. Such errors may be corrected solely at The Davidian’s discretion
Cancellations and Refunds
If Services are commissioned and subsequently cancelled by the Client, the Client shall pay The Davidian either a sum equal to 50% of the complete fee, or a sum equal to the proportion of the complete fee to which the work completed relates plus a further sum charged on a time basis for preliminary research, administration and enquiries, whichever is the greater.
The Davidian operates on a strictly no refund policy due to the individual and particularized nature of the Services provided.
In the event that The Davidian is unable to fulfill its obligations under the contract, The Davidian will refund the amount paid by the Client in full without incurring any further liability including, but not limited to, for non-performance or otherwise.
Client Obligation
Source Material
a) It is the Client’s responsibility to provide the Source Material required for the services.
b) It is the Client’s responsibility to ensure that the Source Material submitted to The Davidian for usage is free of plagiarism and do not infringe any copyright, trademark, patent, proprietary right of any third party or of any other kind.
c) If The Davidian identifies such fault in the “Source Material” it reserves the right to refuse services to the Client and to terminate any existing contracts.
d) The Davidian shall be under no obligation to indicate or correct any errors of whatever nature in any Source Material supplied to The Davidian by the Client for the purpose of providing the Services.
e) The Davidian shall not be held liable for any consequent errors caused by inaccuracy in the Source Materials.
The Davidian shall take no liability for any claims made against the Client for plagiarism, infringe of copyright, trademark, patent, proprietary right of any third party or of any other kind.
The Davidian shall take no liability for any claims made against the Client or disciplinary actions arising from the improper, unethical, and/or illegal use of any Deliverables.
It is the Client's responsibility to obtain legal advise, where the content provided is in relation to a legal matter, such as privacy policies and terms and conditions. The Davidian will only provide drafts based on the client specification and will not be held liable in anyway for omissions and technical inaccuracies with respect to the nature of the business. It is solely the client's responsibility to tailor such content and seek legal advise where necessary.
Company Obligations
The Davidian shall provide the Services using reasonable skill and care in accordance with the standards of the industry.
The Davidian shall use reasonable skill and care in selecting freelance, writers, editors and translators and other third party agents used to offer the services
The Davidian makes no warranty that the Deliverables will not infringe any copyright, trademark, patent, or any other proprietary right of any kind of any third party.
Whilst every care is taken to ensure spelling and grammatical errors do not remain in the deliverables, The Davidian does not warrant that a document written, edited, proofread or translated will be error free. If an error is reported, as per clauses 6.1(b) it is The Davidian’s obligation to correct the errors.
Neither The Davidian nor any of its employees, partners, contractors, sub-contractors and third party agents shall be liable for any unethical, inappropriate, illegal, or otherwise wrongful use of the Deliverables received from The Davidian. This includes plagiarism, lawsuits, failure, poor grading, academic probation, expulsion, loss of scholarships/awards/grants/prizes/titles/positions, failure, suspension, or any other disciplinary or legal actions. The Client is solely responsible for any and all disciplinary actions arising from the improper, unethical, and/or illegal use of any Deliverables.
If The Davidian’s services are being used for the purpose of publishing an article, book, manual or any other type of documents, The Davidian does not in anyway, under any circumstances, guarantee that the provision of The Davidian’s services will result in the Client’s work getting published or accepted by an agent.
Relationship of the Parties
The Davidian and the Client agree that the services performed by The Davidian, its employees, agents or sub-contractors shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.
Liability
Under no circumstances will The Davidian incur any liability of any kind or nature whether in contract or tort or otherwise for any direct or indirect loss arising out of the use of the Services by the Client or the late delivery of any of the Deliverables.
Without prejudice to the above, The Davidian's total liability in contract, tort or otherwise (including negligence) arising directly out of or in connection with this Agreement shall be limited to the price paid for the services.
Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of God, war, civil commotion or industrial dispute.
Confidentiality
Neither Party (Client or Company) will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.
Intellectual Property Rights
All work performed by The Davidian in connection with the Client’s requirements shall remain the exclusive property of The Davidian until payments have been received in full.