1. General

1. The term ‘Freelance’ refers to Jodie Marley, trading as Marley Editorial.
2. The term ‘Client’ refers to the individual, company or authorised person engaging the services of the Freelance.
3. These Terms and Conditions apply to any work done for the Client by the Freelance.
4. By using the services of the Freelance, the Client is deemed to have accepted these Terms and Conditions.
5. The Client is under no obligation to offer the Freelance work; neither is the Freelance under any obligation to accept work offered by the Client.
6. The Freelance will provide service(s) as mutually agreed with the Client, and as confirmed in writing (including email).
7. The work will be carried out unsupervised at such times and places as determined by the Freelance, using her own equipment.
8. The Freelance will not subcontract the work.
9. The Freelance confirms that she is self-employed, is responsible for her own income tax and National Insurance contributions, and will not claim benefits granted to the Client’s employees.
10. The Freelance confirms that she is not registered for VAT.
11. The Client will reimburse the Freelance for agreed reasonable expenses over and above usual expenses incurred in the process of editorial work.
12. If the Freelance has made a substantial contribution to the proofreading of the work, she will be entitled to receive one free copy of the work.

2. Quotes, Fees and Payment

1. The Client will pay the Freelance a fee per hour OR per printed page OR per thousand words OR an agreed flat fee for the job, as stated in the project agreement or exchange of emails.
2. The completed work will be delivered on or before the date agreed, for the agreed fee, which will be based on the description of the work required and the brief, both supplied by the Client.
3. 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 preliminary discussion/brief, the Freelance may renegotiate the fee and/or the deadline.
4. Similarly, if, during the term of the Freelance’s work, additional tasks are requested by the Client, the Freelance may renegotiate the fee and/or the deadline.
5. The agreed deadline is dependent on the work being sent to the Freelance on or before the agreed start date. If the work is provided later than as stated in the project agreement or exchange of emails, the Freelance reserves the right to revise the completion date accordingly.
6. If the project is lengthy, the Freelance may invoice periodically for completed stages.
7. The Client will provide their full name and billing address to the Freelance before work is started. This information is for HMRC compliance at the stage of invoicing.
8. Unless otherwise agreed at the outset, payment will be made within 30 days of receipt of the Freelance’s invoice, according to the Late Payment of Commercial Debts (Interest) Act 1998 (amended 2002 and 2013).
9. The Client will be responsible for any conversion or transfer fees incurred from payments originating outside the United Kingdom.

3. Services

1. All changes and comments made by the Freelance are suggestions and can be accepted or rejected by the Client as s/he sees fit.
2. Amendments will be marked as agreed by the Client and the Freelance and as detailed in the project agreement or exchange of emails.
3. It is the Client’s responsibility to manually implement any marked changes where the work is presented on paper or on pdf.
4. Where the work is presented in Microsoft Word, the Client can accept or reject changes individually. The Freelance will also provide the Client with a copy of the file with all changes accepted.
5. Any content created by the Freelance as part of the proofreading process will become the copyright of the Client once full and final payment has been received, unless otherwise agreed.

4. Liability

1. The Freelance will do her utmost to ensure all documents, texts and files are correct and free from errors; however, no guarantee of this can be given.
2. The Freelance cannot accept responsibility or be held liable for any errors and consequential losses or costs incurred in relation to the Client’s work.
3. The Freelance is not responsible for the factual accuracy or content (including any copyright infringements) of the Client’s work.

5. Confidentiality

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.
2. Under the terms of the Data Protection Act 1998, the Client and the Freelance 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.
3. The Freelance may use the Client’s name and written feedback or comments made by the Client in her promotional material unless the Client requests otherwise.

6. Cancellation

1. Either the Client or the Freelance has the right to terminate a contract for services if there is a serious breach of its terms.
2. The Client must give notice of any cancellation in writing.
3. Should the Client cancel the contract after work has commenced, the Freelance reserves the right to charge for any work undertaken.

7. Legal Jurisdiction

This agreement is subject to the laws of England and Wales, and both Freelance and Client agree to submit to the jurisdiction of the English and Welsh courts.