Terms and Conditions
1. These terms and conditions apply to any Services provided for the Client by the Editor.
2. The Client is under no obligation to offer the Editor work; neither is the Editor under any obligation to accept work offered by the Client.
3. The Editor will provide Service(s) as mutually agreed, as listed in the Schedule of Work.
4. The Services will be carried out unsupervised and at such times and places as determined by the Editor, using her own equipment.
5. The Editor confirms that she is an independent contractor, and not an employee or agent of the Client. Nothing in this Agreement constitutes a joint venture, agency or partnership.
6. The Client will reimburse the Editor for direct expenses incurred in fulfilling the agreement, as agreed in the Schedule of Work, including photocopying, printouts, parking, travel, couriers and postage.
7. The Client will pay the Editor a fee per hour or an agreed fixed fee for the Services, in AUD, plus GST where applicable. The Estimated Hours are provided as a guide only and do not constitute a quotation. Final fees will be calculated according to actual hours taken to undertake the Services.
8. The completed Services will be delivered on or before the date agreed, for the agreed fee.
9. If, however, on receipt of the item to be worked on or at an early stage, it becomes apparent that significantly more work is required than had been anticipated in the Schedule of Work, the Editor may renegotiate the fee and/or the deadline.
10. Similarly, if during the term of the Editor’s work additional tasks are requested by the Client, the Editor may renegotiate the fee and/or the deadline.
11. Unless specifically agreed to in writing, the Services do not include the Excluded Items listed in the Schedule of Work.
12. The Editor may invoice periodically for completed stages.
13. Unless agreed otherwise, payment will be made within 14 days of receipt of the Editor’s invoice.
14. Any content created by the Editor as part of the copyediting / proofreading / writing / project management process will become the copyright of the Client once final payment for Services is made, unless otherwise agreed.
15. The nature and content of the work will be kept confidential and not made known to anyone other than the Client and its contractors unless specifically authorised to do so, in writing, by the client.
17. The Client hereby indemnifies the Editor from any and all claims and legal costs associated with such claims, including but not limited to 1) any alleged defamation or copyright infringement committed by the author(s) or the Client in relation to all documents provided by the Client to the Editor; 2) anyloss or damage to electronically stored data or documents, software or computer programs arising from any computer virus or malware or from any design or programming defect in any computer program or computer operating system.
18. The Editor’s total aggregate liability arising out of or in connection with the Services whether arising in contract, tort (including negligence) or for breach of statutory duty or misrepresentation, or otherwise, shall be limited to 100% of the total fees payable by the Client, as defined in the Schedule of Work.
19. Use of these Services does not guarantee the manuscript will be accepted for peer review or publication.
20. Either the Client or the Editor has the right to terminate a contract for Services in the event of a material change of circumstances, with 7 days’ notice sent in writing to the other party. If either party terminates the agreement, the Editor will be paid by the Client for Services done up to the date of termination.
21. The Editor may use the Client’s name in her promotional material.
22. This agreement shall be governed by the law of the state of Victoria, Australia.
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