The terms and conditions set out here are to establish a clear and transparent basis for any work undertaken between me and my clients. If you have any questions or concerns about the process of working together, please contact me so that I can offer clarity and reassurance.
1. General overview
1.1 These terms and conditions apply to any work done on behalf of the Client (you) by me (Dark Sky Pages).
1.2 I will provide editorial, commercial administrative or developmental services as agreed upon (in writing) between me and the Client.
1.3 You, the Client are under no obligation to offer me work; neither am I under any obligation to accept work offered by you, the Client.
1.4 The work will be carried out unsupervised at such times and places as determined by me, using my own equipment.
1.5 The work will be carried out by me. I will not subcontract projects, or parts of projects, to third parties, unless requested and/or by mutual agreement.
1.6 I confirm that I am self-employed, am responsible for my own income tax and National Insurance contributions and will not claim benefits granted to the Client’s employees.
1.7 I am not VAT-registered.
1.8 The contract of service requires that you, the Client, acknowledge, in writing (including email), that you have read, understood and agreed to these terms and conditions.
2. Project terms
2.1 Prior to commencement of the work undertaken, the Client and I will agree, in writing (including email), the terms of the project:
- the medium in which the editorial service will be carried out (e.g., in Word, on PDF, on paper)
- how the material will be annotated (e.g., Track Changes in Word, Mark-up tools in Adobe Reader, BSI correction symbols on paper)
- the length of time required to complete the project, as advised by me
- a fee for the project, based on a quotation supplied by me, in writing (including email), following my evaluation of the material to be proofread/edited/written and the timeframe required to complete the job
- any expenses (e.g., postage) that the Client will bear in addition to the costs of the editorial work
- the date by which the material will be delivered by the Client to me
- the latest date by which the completed project will be returned, following my advice to the Client
- the scope, timeframes and mediums of any commercial or other work undertaken by me (e.g., the intended audience for books sales representation and the methods of communication and recording)
2.2 Please note that if, on receipt of the project to be worked on (or at an early stage), it becomes apparent that significantly more work is required than had been anticipated in the preliminary discussion/brief or from the sample supplied, I may renegotiate the fee and/or the deadline or decline to carry out the work.
3. Quotations and fees
3.1 A quotation for the work will be provided by me to the Client following my evaluation of a representative sample of the materials (editorial) or equivalent (commercial and other) to be worked on, and a discussion with the Client as to what is required.
3.2 Once the Client and I have agreed the full fee, it is non-negotiable unless the Client changes the scope/extent of the editorial or other work or requests additional services. In this case, a revised quotation and job-completion date will be negotiated.
3.3 The Client will pay me a fee per hour OR an agreed flat fee for the project, as agreed in writing.
3.4 Unless otherwise agreed, I will supply the Client with an invoice immediately upon completion of the editorial, commercial or other project.
3.5 Payment should be received within 14 days for if the invoice date, unless otherwise agreed in writing.
3.6 Unless otherwise agreed, the editorial fees quoted is for one pass of a manuscript. Additional passes are new projects, the terms of which will be agreed separately.
4. Deposit
4.1 When the Client has confirmed their agreement to these terms and conditions of service, I may issue an invoice for a deposit. Deposits are required for projects costing above £500.
4.2 Deposits are non-refundable.
4.5 By confirming their agreement in writing, the Client agrees to secure my editorial or other services for a specific and mutually agreed-upon project, at a specific and mutually agreed-upon time.
4.6 By confirming their agreement in writing, the Client confirms that they have read and agreed to the terms and conditions herein. From thereon, the terms of the cancellation policy (see below) apply.
4.7 Any deposit paid will be deducted from the final invoice issued when the work is complete.
4.8 The booking is considered confirmed once the deposit has been paid by the Client and received by me.
4.9 The deposit should be paid within 3 days of the Client confirming their agreement in writing to secure the slot in my schedule.
5. Cancellation policy:
Terms, fees and project-commencement reminders
TERMS:
5.1 Both the Client and I have the right to terminate a contract for services at any time if there is a serious breach of its terms.
5.2 This Client is free to cancel a service for any reason by providing me with written notice (including email); I must acknowledge this cancellation in writing (including email) for this to be valid.
5.3 I may cancel a service at any time for any reason by providing written notice (including email) to the Client. In the unlikely event that I cancel a service, I will provide a prorated refund of any overages of fees paid (including the deposit).
5.4 If, in the unlikely event that the Client experiences extraordinary or difficult circumstances that cause cancellation or delay (e.g., family crisis, illness, bereavement), the Client should contact me to discuss the terms of the cancellation policy. I aim to be fair and flexible at all times.
5.5 If I experience extraordinary or difficult circumstances that cause cancellation (e.g., family crisis, illness, bereavement), I will contact the Client in writing at the earliest opportunity and do my best to renegotiate the timeframe of the project or find an alternative supplier of the relevant services, if possible. Any deposit will be refunded.
FEES:
5.6 If the Client wishes to cancel the work during the project, I reserve the right to invoice for 100% of the agreed fee (less the deposit).
5.7 If the Client wishes to cancel the project prior to commencement with less than one month’s notice, I reserve the right to invoice for 100% of the agreed fee (less the deposit).
5.8 If the Client wishes to cancel with more than one month’s notice, the deposit will not be refunded but no other charge will apply.
PROJECT-COMMENCEMENT REMINDERS:
5.9 I will contact the Client 1–2 weeks before the mutually agreed start date with a reminder that the file or relevant material is due 24 hours before said start date.
In the unlikely event that the Client does not confirm in writing (including email) within one week prior to the mutually agreed start date that they will be supplying relevant project material, the project will be deemed to have been cancelled by the Client and the slot in my schedule will be released.
If, as is likely, the Client confirms the project, I will ask for the file to be sent to me 24 hours before the start date.
6. Confidentiality
6.1 The nature and content of the work will be kept confidential and not made known to anyone other than the Client and its contractors without prior written permission.
6.2 I will not, under any circumstances, upload the Client’s files to external websites or distribute them to third parties unless specifically authorised to do so, in writing, by the Client. I sometimes, however, use Dropbox as a cloud storage system. See my Privacy Policy for how your data is protected.
6.3 Under the terms of the Data Protection Act 1998, the Client and I may keep on record such information (e.g., contact details) as is necessary. Either may view the other’s records to ensure that they are relevant, correct and up to date.
7. Copyright
7.1 All content delivered to me by the Client for editorial projects are owned by the Client.
7.2 In this respect, the Client agrees to hold me harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against them.
7.3 Following payment of my invoice, any content created by me as part of the editorial process will become the copyright of the Client unless otherwise agreed.
7.4 Content or databases created by me to support commercial and other projects are usually owned by me.
8. Legal jurisdiction
8.1 This agreement is subject to the laws of Scotland, and both the Client and I agree to submit to the jurisdiction of the Scottish courts.
8.2 The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Dumfries, Scotland.
9. Privacy policy and the GDPR
9.1 Please read my Privacy Policy, which explains the data I collect, how I use it and store it, and my compliance with the General Data Protection Regulation (GDPR).
10. Acknowledgements in published works
10.1 There is no requirement for the Client to mention me in the published work’s acknowledgements section. However, the Client agrees that I will have the opportunity to review any such mention prior to publication, or to decline to be mentioned.