The following Terms and Conditions constitute a legally binding agreement between Word Power Services (“the Provider”) and you (“the Client”) as user of our services. By using any of these services, you agree to be bound by these Terms and Conditions.
1. It is the responsibility of the Client to determine the suitability of the Provider’s services for the Client’s requirements. The Provider will not accept any responsibility for loss or inconvenience of any kind if our services do not meet the specific requirements of the Client.
2. Files processed by the Provider will be retained and remain available to the Client for a period of six months after completion unless otherwise agreed.
3. While the Provider will make every effort to resolve ambiguities and suspected errors or omissions in the source material, if necessary in discussion with the Client, we will not be liable for any loss or inconvenience to the Client or any third parties arising from any errors or omissions which do not fall within our stated remit of text editing and enhancement.
4. Source material will be virus checked upon receipt by the Provider.
5. The Client may request that electronic communications between the Client and the Provider be encrypted prior to transmission for maximum online security.
6. The Provider reserves the right to refuse to process any source material that is of an offensive nature, defamatory, obscene, in breach of any statutory or regulatory obligation, or is otherwise considered inappropriate by the Provider, whose decision shall be binding and conclusive.
7. Any price quotes offered by the Provider are made on a without prejudice basis based on the information vouchsafed by the Client and shall be subject to such Terms and Conditions as we may direct.
8. The Provider warrants that our services will meet the highest standards for written English text. While all our processed documents are rigorously checked and rechecked for accuracy, it is not possible to offer a guarantee that every document will be 100% free of minor typographical errors. Such errors shall not be held as detrimental to the performance of the Provider’s contract with the Client.
9. An expected time for return of a processed document to the Client will be indicated at the time of ordering. The Provider will apply its best efforts to meeting this expectation, but we do not accept liability for any delay in delivery. We reserve the right to amend the delivery time if circumstances dictate, but will in such cases make all reasonable efforts to contact and inform the Client.
10. Payment is due at date of order, unless account facilities have been set up by prior agreement, in which case, payment is due 30 days from the date of invoice.
11. We prefer payment to be in Pounds sterling, US Dollars or Euros. Payment in any other currency must be agreed by prior arrangement.
12. The Client has 10 days from receipt of the processed order to inform the Provider of any errors or omissions. Any errors or omissions accepted by the Provider as clear and unambiguous will be corrected free of charge and within a reasonable timeframe. In the case of disagreement over style, emphasis or the like, the Provider reserves the right to make a further charge for any further work done.
13. The Client warrants that processing of the source material and publication, distribution, sales or other use of the processed order shall not infringe upon any copyright, trademark or patent, or other right of any third party.
14. The Client undertakes not to interfere with the operation of the Provider’s website by any means whatsoever.
15. The Provider shall not be liable for any damages or loss of any nature whatsoever, nor for any claim against the Client by any other person or entity, arising from or relating to services performed by the Provider. The Provider shall not be responsible for any loss or damage to any source material. The maximum liability to the Client by the Provider shall in all cases be limited to the value of the order.
16. In the event that the Client breaches this Agreement, the Provider shall have the right to terminate immediately, whereupon the Client shall pay the full purchase price agreed for the services completed and for all work in progress. In the event that the Provider breaches this Agreement, the Client shall have the right to terminate, whereupon the Provider shall return to the Client all source material and data supplied by the Client together with all processed documents that exist at the date of termination.
17. All right, title and interest of any kind whatsoever in the source material and processed documents shall remain the sole and exclusive property of the Client.
18. The nature of the work performed and any information transmitted to the Provider by the Client shall be confidential and shall not without the prior consent of the Client be disclosed to any person other than authorised employees or subcontractors of the Provider whose job performance requires such disclosure, except to the extent that the Provider is required by law to disclose such information or that it has become a matter of public knowledge other than by disclosure by the Provider.
19. The Client shall indemnify, defend, and hold harmless the Provider, its partners, employees, representatives, agents, successors and assignees from and against any losses, damages, costs and expenses, including reasonable legal fees, arising out of or incidental to any suit, claim or demand based on (i) the performance of this Agreement by either party, (ii) the Client’s breach of the warranties and undertakings made by it herein, (iii) the manufacture, advertisement, promotion, sale or distribution of any items by the Client, (iv) any taxes and duties, levies, tariffs, or like fees that may be imposed by any government or collective authority upon manufacture, advertisement, promotion, use, import, licensing or distribution of items by the Client, or (v) any claim that any element of any processed order infringes any copyright, trademark, patent, or other proprietary right.
20. All disclaimers, indemnities and exclusions in the Agreement shall survive termination for any reason.
21. If any part of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that part shall be deemed severed and the validity and enforceability of the remaining Terms and Conditions shall not be affected.
22. The Provider may modify these Terms and Conditions at any time.
23. This Agreement is to be governed by and construed in accordance with the Law of Scotland. Any disputes shall be subject to the exclusive jurisdiction of the Scottish courts.