Terms and Conditions

Terms and Conditions

Susan Albinson (‘Service Provider’)

These terms and conditions must be read and agreed to by the Client before the commencement of any project.

1) Service definitions

• The service provided is a Proofreading service.

• ‘Proofreading’ means checking a completed and typeset document for the following:

  • Errors in spelling, grammar and punctuation.

    • Where applicable, this includes bringing the document into line with the Client’s house style.

  • Errors in spacing between letters, punctuation marks, words and paragraphs.

  • Errors in paragraph style (e.g. left- or right-alignment, justification).

  • Errors in the style and layout of bulleted and numbered lists and other ‘displayed’ matter

  • Typographical errors, such as errors in the implementation of:

    • Bold, italic or underlining of text.

    • Small capitals.

    • Ligatures, accents and non-standard characters.

  • Errors in page numbering, page cross-references, running heads, and style and placement of headings within the main body of the document.

  • Layout and typesetter errors, such as:

    • Misplaced or missing images, image captions, and text.

    • Bad word breaks.

    • Widows and orphans.

    • Mis-numbered or misplaced footnotes.

      • If the project is to read a publication in galley proof (a proof in which the text has not yet been laid out in page format), this point will involve flagging the text mention of footnotes and directing the typesetter to each footnote’s text content.

    • Errors in the formatting and layout of tables.

  • Inconsistencies (for example, of spelling or terminology) which may have been missed at an earlier stage in the production of the document.

• Proofreading may be carried out:

  • On paper or on screen.

  • Against copy or ‘blind’ (without copy to check against).

  • Using the BSI proofreading symbols (post-2005 revision), PDF mark-up or the ‘track changes’ facility of a word processor.

  • Using one colour to mark all errors, or using two colours to distinguish between editorial and non-editorial errors.

• The Proofreading service provided does not include:

  • Copy-editing documents.

  • Rewriting documents.

  • Modifying the ‘flow’ of text in documents, where this does not involve the correction of errors.

  • Adjusting phraseology that is awkward but nonetheless grammatically acceptable.

  • Fact-checking documents.

    • If the Client wishes the Service Provider to perform any tasks that are outside the remit of a proofreading job as defined in these terms and conditions, this will have to be negotiated before the project agreement is signed. The project fee for such a job will also be higher than usual.

• The Client may not change the brief for any project without the Service Provider’s agreement once the project agreement for that project has been signed and the project has commenced.

2) Deadlines

• The deadline for any project will be agreed when the project agreement is drawn up.

• Once the deadline for a project has been agreed, any changes to the deadline will require the agreement of both parties.

  • If either party wishes to change the agreed deadline for a project once that project has commenced, notice must be given in writing within a reasonable period of time (not less than one week, except in exceptional circumstances) and agreement, also in writing, must be sought from the other party.

• The Service Provider will provide services as agreed in a Project Quote, so far as is reasonably practicable within any agreed timescale, and with all proper skill and care.

• As an independent professional, the Service Provider will not require or be subject to supervision, direction or control as to its daily activities or the manner of performance thereof, and itself accepts responsibility for the proper provision of Services. For the avoidance of doubt, the Client shall not (and does not have the right to) exercise supervision, direction or control as to the manner of performance of the Services.

• The Service Provider is responsible for maintaining reasonable continuity in personnel providing Services on its behalf, but reserves the right in its sole discretion to make changes from time to time; no additional charge will be made for any handover period, and the Service provider remains responsible for Services performed by any individual on its behalf.

3) Charges

• Expenses such as telephone calls, printing, paper, and postage will be invoiced alongside the project fee.

• The Client has no right to reduce or refuse payment except in the case of genuine, serious and provable error on the part of the Service Provider in the execution of the project (see §1 Service Definitions).

  • The Service Provider cannot be held responsible for problems that can reasonably be said to be outside of their control.

• The full project fee will nevertheless be payable if the Client terminates the project prematurely (prior to the agreed deadline).

4) Invoicing and payment terms

• The invoice for a project will be sent to the Client by email or (where this is not possible) by post upon completion of the project.

• The Client must pay the amount stated on the invoice within 14 days of the date on the invoice.

• The provisions of the Late Payment of Commercial Debts (Interest) Act (1998) will apply in respect of any invoice not paid by the due date.

5) Liability

• The Service Provider is not liable for any loss or damage in excess of the higher of (a) £1,000, and (b) 125% of the total fees payable in respect of a project, except where it may not lawfully exclude or limit liability. Each party expressly excludes liability for consequential loss or damage, loss of profit, business, revenue, goodwill or anticipated savings. Any liability or remedy for innocent or negligent misrepresentation is expressly excluded. Neither party excluded or limits liability for death or personal injury.

6) Confidentiality

• Unless the parties have signed a separate agreement containing more specific provisions in relation to confidentiality (in which case the provisions of such agreement will continue to apply in lieu of this clause), each party will keep any confidential information disclosed by the other secret. Neither party may use or take advantage of any such confidential information without the discloser’s consent, even after the end of an engagement. This obligation does not apply to (I) information known to the receiver before disclosure by the other party, or (ii) information which becomes public knowledge without fault on the part of the receiver, or (iii) disclosures made to the extent required by some applicable legal or regulatory requirement.

7) General

• Entire Agreement: A contract for an engagement formed on the basis of a Project Quote referencing these terms is governed only by these terms and by no others, except where both parties expressly agree in writing. In particular, it is agreed that any Purchase Order or other such document from the Client is intended for the Client’s own administrative purposes only, and that notwithstanding its wording, neither a Purchase Order nor its content will have any legal effect. Save to the extent expressly provided, all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.

• Status: The Client is a client of a business undertaking carried on by the Service Provider, and it is not the intention of either to create or allow to arise any employee/employer relationship.

• Law: These terms and any non-contractual disputes or claims between the parties are governed by the laws of England & Wales, whose courts shall have sole jurisdiction in relation to all matters arising.