1. Definitions

 

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

• “Copysmyths” is used to mean the editor Zackary Louis Tighe and the translator Hsuan-Chi “Andrew” Wang. Copysmyths is not currently a legal entity, but rather a personal brand for freelance language services. We confirm that we are self-employed, are responsible for our own income tax, and will not claim benefits granted to the Client’s employees. We are not VAT-registered.

 

• “Client” means the party ordering the Services from the Copysmyths.

 

• “Services” means any language services (editing, beta reading, consulting, ghost writing, etc.) provided by Copysmyths to the Client.

 

• “Copy” refers to the written work provided by the Client for Services, including but not limited to novel manuscripts, articles, and other documents.

 

1.2 Each reference in these Terms and Conditions to “in writing” and any similar expression includes electronic communications whether sent by email, text message, or other means.

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2. Project Terms

 

2.1 Prior to the commencement of the Services, the Client and Copysmyths will agree, in writing, the terms of the project. Any changes to the project terms, once Services have commenced, must be agreed upon, in writing, by both Copysmyths and the Client. Details include, but are not limited to:

 

• the medium in which the Services will be carried out (Microsoft Word, Google Documents, etc.)

 

• how the Copy will be altered (Track Changes, in line comments, online meetings, etc.)

 

• word count and contents of the Copy as well as any special instructions regarding style manual or other applicable guidelines

 

2.2 The expected timeline for completion of Services will be discussed prior to the commencement of Services. Depending on the type of Services, this will mean one of two things:

 

• For services done for the Client (copyediting, translation, copywriting, etc.), a deadline for the project completion will be set in writing. Any changes to this deadline, once the Services have commenced, must be agreed upon, in writing, by both Copysmyths and the Client. 

 

• For services done with the Client (early stage editing, coaching, etc.), an expected timeline will be set, in writing, between Copysmyths and the Client. 

 

2.3 Copysmyths will ensure fast and efficient Services are delivered according to the timeline; however, if the Client does not provide Copysmyths with the necessary changes to Copy or other necessary materials, the project timeline will automatically be adjusted at the sole discretion of Copysmyths.

 

2.4 Services will be performed unsupervised at such times and locations as determined by Copysmyths, using our own equipment.

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3. Quotation and Payment

 

3.1 A quotation for Services will be provided by Copysmyths, in writing, to the Client before any work starts. Quotation will clearly define the total cost of Services, the booking fee, and all additional fees.

 

3.2 Booking fees are non-refundable.

 

3.3 All payment schedules will be agreed upon, in writing, by both Copysmyths and the Client before the commencement of Services. Any changes to the payment schedule, once the Services have commenced, must be agreed upon, in writing, by both Copysmyths and the Client. 

 

3.4 Once fees and payment schedules have been agreed upon, in writing, by both Copysmyths and the Client, an invoice will be sent, in accordance with the agreed schedule, to the Client. Once the booking fee has been paid and the work commenced, there will be no changes to the fees or project terms, except otherwise noted in this agreement.

 

3.4 The Client can request to increase the word count of the project or request additional services. In this case, revised project terms and quotations can be negotiated. Copysmyths reserves the right to deny additional work.

 

3.5 Payment should be made within 14 days from the date of the invoice. Late payments may be subject to late fees starting at 2% of the total quotation for Services and increasing by an additional 2% for each week after, up to a maximum of 10%.

4. Confidentiality

 

4.1 The nature and content of the Copy will be kept confidential and not made known to anyone other than the Client and its contractors without prior permission, in writing.

 

4.2 Copysmyths will not, under any circumstances, upload the Client’s files to external websites or distribute them to third parties unless specifically requested and authorized to do so, in writing, by the Client. Copysmyths does use a private Microsoft OneDrive and Google Drive as cloud storage systems. 

 

4.3 Copysmyths will comply with Taiwanese law enforcement agents with jurisdiction and proper procedure with regards to confidentiality. 

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5. Copyright

 

5.1 All content delivered to me by the Client for Services is owned by the Client. The client acknowledges that they hold the copyrights of all content sent to Copysmyths for Services.

 

5.2 In this respect, the Client agrees to hold Copysmyths harmless from any claims, liabilities, and expenses arising from potential or actual copyright or trademark infringement claimed against the Client. 

 

5.3 Following payment of all applicable fees, any content created by Copysmyths as part of Services will become the copyright of the Client unless otherwise agreed upon, in writing by Copysmyths and the Client.

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6. Quality Assurance

 

6.1 Quality Statement

Copysmyths will do our honest to goodness best to strive for perfection. The publishing industry hires editorial professionals at several stages of the production process. Major style books define multiple stages of editing and proofreading. Based on industry standards, we believe that perfection is impossible to achieve in one editorial pass. If that were possible, the big publishing companies wouldn’t waste time, resources, and finances for multiple revision rounds.

We would love to say that, for a seventy thousand word manuscript, we made thousands of revisions, corrected hundreds of errors, compiled dozens of queries, fixed several formatting issues, and that the manuscript doesn’t have a single error remaining. The truth is, we can’t.

6.2 Subjectivity Statement
Due to the artistic nature and subjectivity of the language services industry, any claim to be error free is impossible. Examples of such subjectivity:

 

• Reader A was taught in grade school to never begin a sentence with a conjunction. The editor followed the guidance provided by the Chicago Manual of Style and disagrees.

 

• Reader B enjoys the use of non-standard past participles in dialogue because it reflects a regional variation in speech. Reader C isn’t familiar with the regional variation and thinks this is a grammatical error.

 

• Translator D recognizes that a word doesn’t exist in the target language, and uses a creative way to translate it. Translation Reviewer E thinks another way might be better. Both are clear to the majority of readers. Both are correct.

 

• Writer F thinks an article should be written in first person, but Writer G thinks third person is better. Both are wonderful mediums to tell a story.

 

• The Chicago Manual of Style recommends the use of a comma in a certain type of sentence, but Publishing House H has decided not to as a house rule. 

 

6.3 Copysmyths will make all reasonable efforts to ensure that Services are of the highest quality in accordance with our Quality Statement and Subjectivity Statement above. Final responsibility for the Copy rests solely on the Client. Copysmyths is not responsible for any omissions or errors in the Copy.

 

6.4 Regarding rush orders and tight deadlines, the Client acknowledges that restricted time leads to higher chances of error. Copysmyths will make all reasonable efforts to ensure quality; but can make no guarantees that the quality will be the same for such orders.

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7. Limitations on Liability

 

7.1 Copysmyths is not liable for incidental, indirect, consequential, special, punitive, or exemplary damages including the following:
 

• any loss of revenues or profits; or anticipated revenues or profits

• any loss of business or expected future business

• any damage to reputation or goodwill

• any damages or costs incurred by or payable to any third party

• any loss or damage that is not foreseeable

• any loss arising in the event that the use of Services is a breach of the Client’s contract, regulations, or provisions with any third party (especially for academic work)

 

7.2 Copysmyths is not liable for any loss or damage regarding the content or legality of any Copy provided by the Client. Copysmyths is not responsible for checking that the Copy is free of issues regarding, for example but not limited to: libel, slander, plagiarism, copyright infringement, due credit, or other similar issues.

 

7.3 Should plagiarism, copyright infringement, or other issues around the legality of any Copy provided by the Client come to the attention of Copysmyths, all work on the project will be suspended until the Client can rectify the matter through the courts; at which point the project will be resumed under a time schedule as revised by Copysmyths. The Client will not be entitled to any refund under these circumstances.

 

7.4 Copysmyths will not be held liable or responsible for any loss or damages due to delivery issues that arise from problems out of Copysmyths’ control; such as spam filters, contact information provided incorrectly, lack of Internet access, or general neglect by the Client. 

 

7.5 Copysmyths will not be held liable for loss or damages resulting from force majeure events including but not limited to: power failure, internet service provider failure, industrial action, civil unrest, war, acts of terrorism, governmental action, family crisis, bereavement, epidemic, natural disaster, or any other event that is beyond control. Should such an event happen, the Client and Copysmyths agree to resolve the issue in a fair and reasonable way, including but not limited to: cancellation under the provisions of Section 8 of these Terms and Conditions or a change in the project time schedule.

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8. Cancellation

 

8.1 Both the Client and Copysmyths have the right to terminate a contract for Services in the event of a serious breach of these Terms and Conditions. Copysmyths reserves the right to cancel any Services without refund due to a violation of these Terms and Conditions by the Client. 

 

8.2 Both the Client and Copysmyths are free to cancel a service for any reason by sending notice in writing.

 

8.3 If the Client wishes to cancel Services before the commencement of Services, Copysmyths will refund all paid invoice amounts less the booking fee and any fees from payment providers—including but not limited to fees given by banks, PayPal, etc.

 

8.4 If the Client wishes to cancel Services during the commencement of Services, Copysmyths is under no obligation to provide a refund and reserves the right to invoice for up to 100% of the agreed upon fees. Any instance in which Copysmyths chooses to refund fees or refrain from invoicing for one or more Services, does not constitute a precedent for other Services present or future.

 

8.5 If in the unlikely event that the Client experiences difficult circumstances that cause the cancellation or delay of Services (such as family crisis, illness, etc.), the Client should contact Copysmyths to discuss terms of this cancellation policy. We aim to be fair and helpful when we can.

 

8.6 If in the unlikely event that Copysmyths wishes to cancel Services by providing notice, in writing, to the Client, Copysmyths will issue a prorated refund based on the work already completed and may include a refund of the booking fee when applicable.

 

8.7 Copysmyths may cancel Services without refund should the contents of the Copy be changed to or be found to advocate violent or illegal activity; contain (or potentially contain) computer viruses; or contravene any law, statue, or ordinance.

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9. Acknowledgements in Published Works

 

9.1 There is no requirement for the Client to mention Copysmyths in the published work's acknowledgements section. However, the Client agrees that Copysmyths will have the opportunity to review any such mention prior to publication, or to decline to be mentioned.

 

9.2 Unless informed to the contrary by the Client, in writing, Copysmyths may use the name of the Client (as displayed on published work) and title of the Copy in promotional materials. No portion of the Copy may be directly used by Copysmyths in promotional materials. 

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10. General Provisions

 

10.1 These Terms and Conditions are subject to the laws of the Republic of China (Taiwan), and both Copysmyths and the Client agree to submit to the jurisdiction of the Taiwanese courts.

 

10.2 The exclusive venue for any court proceedings or arbitration by a third party based on or arising out of this agreement will be Taipei City, Taiwan.

 

10.3 If any provision of these Terms and Conditions is held to be invalid or unenforceable by law, the remaining provisions of these Terms and Conditions will continue in full force without being impaired or invalidated in any way. Copysmyths and the Client agree to replace any invalid provision with a valid provision which most closely approximates the intent of the invalid provision. 

 

10.4 No failure or delay by Copysmyths in exercising any of the rights under these Terms and Conditions means that Copysmyths has waived those rights. No waiver or relaxation of any breach of any provision means a waiver of any subsequent breach.