Last updated January 1, 2024.

Definitions

In the following terms:

• “I” and “me” refers to the Editor (Alistair Caradec, trading as Alistair Edits).

• “You” and “the Client” refers to you.

• “Agreement” and “signed Agreement” refers to the contract established between both parties prior to commencement of editing/proofreading services.

Editor’s Status

• I am an independent contractor. Nothing in the signed Agreement will be understood to create a partnership, joint venture or co-venture, agency, or employment relationship between you and me.

• I reserve the right to refuse work at my sole discretion.

• I reserve the right to decline credit/acknowledgement for the work developed under the signed Agreement. Should I elect to decline credit, I will notify you in writing as described under Notice.

Place of Work and Methods Used

• No part of the project shall be delegated or subcontracted to third parties.

• The work will be carried out by me, unsupervised, at such times and places as determined by me, using my own equipment.

• I will not use generative A.I. to edit or proofread your material.

Delivery Details

• I will deliver the completed product to you by email on or before the agreed-upon due date.

• Delivery will include an annotated copy of the material submitted by you for editing/proofreading, an editor’s feedback sheet, and a style sheet.

• The format in which all material will be delivered (e.g., Word, PDF) will be discussed with you and detailed in the signed Agreement.

• Inherent Qualities: Digital files may become corrupted or erased with improper use, and storage media (e.g., DVDs) may degrade over time. It is your responsibility to ensure the safekeeping and stability of the files once I have released them to you.

Fees/Rates

• I will provide a quotation for the work after evaluation of the material to be edited/proofread.

• The fee may be expressed per hour of work, per 1,000 words, OR as a flat project fee, as discussed with you and detailed in the signed Agreement.

• Invoicing: I will invoice half the fees upon signing the Agreement, and the rest when the project is complete. All work, including edits, drafts, notes, and research, remains my exclusive property until your account is paid in full. Once you pay all fees due under the signed Agreement, any copyright I may have in the product developed under the signed Agreement will transfer to you.

• Fees should be paid within 30 days of receiving the invoice. Any payment after the due date is subject to late fees of 2% per month (26.8% per year). 

Changes and Additions

• Any additions or changes to the project may change the due date, and may be billed as additional work. Changes made to material that has already been submitted to me for editing/proofreading may be considered additional work.

• I will keep you informed of additional work that is required or recommended and request your approval for any additional work, associated expenses, and change in the project deadline.

• Requests for additional work and renegotiated deadlines or fees will be in writing as described under Notice.

Confidentiality and Non-Disclosure

• You agree to provide all information that has a direct bearing on the successful outcome of the project and to inform me in writing of any portion of the work or related information that is confidential. I will hold in confidence and not disclose the confidential information to any third party, except with your written consent or as required by law with prior notice to you.

• I will take all reasonable steps to safeguard and prevent the loss, destruction, or unauthorised access, use, or disclosure of the confidential information using a reasonable degree of care and no less than the same degree of care used to protect my own confidential information. I will promptly return to you or destroy, as directed by you, confidential information and any other property requested by you at any time.

• I will not make any unauthorised use of any of your trade secrets, confidential information, proprietary property, trademarks, or copyrighted materials.

Use of Copyrighted Work

• I will endeavour to flag elements of a work that may require copyright permissions and, depending upon the terms specified in the signed Agreement, I may assist you in obtaining the necessary permissions. However, unless otherwise specified in the signed Agreement, you accept responsibility for complying with copyright laws and obtaining the necessary permission to use any elements of provided text, graphics, photos, music and song lyrics, designs, trademarks, or other created work to be included in the final product.

Warranties

• Editing is a process of offering advice and suggestions. While I will make every effort to identify and bring questionable material to your attention, it is not possible to guarantee error-free content.

• My responsibility is limited to notifying you of any suspected or unresolved issues within the edited work. You are responsible for accepting (or rejecting) my suggestions and resolving any issues identified by me (e.g., suspected plagiarism).

• Rejecting or disliking my suggestions is not a basis for refusing to pay the fees outlined in the signed Agreement.

Indemnity and Liability

• I will comply with all applicable laws in the course of performing the services.

• You agree to indemnify me from any and all claims or demands, including legal fees, that arise out of any alleged libel, copyright infringement, or other legal or contractual issues created by you in writing, revising, publishing, or otherwise using the work.

• Failure to Perform: If I cannot perform the duties outlined in the signed Agreement for reasons beyond your or my control, I will refund any amount paid by you for services not delivered. You will not have any further liability with respect to the signed Agreement.

• I will not be liable for any amount in excess of the fees due under the signed Agreement. This limitation on liability also applies if information or materials are damaged or lost without fault on my part.

Cancellation Policy

• Cancellation during the project OR within 7 days of project commencement: In the event that you cancel the work during the project or within 7 days of the project commencement date detailed in the signed Agreement, I reserve the right to invoice for 100% of the agreed fee.

• Cancellation with at least 7 days’ notice: In the event that you cancel the work at least 7 days prior to the project commencement date detailed in the signed Agreement, no further charges will apply.

• Cancellation of services must be requested in writing as described under Notice.

Notice

• Notice by one party to the other under or for the purposes of the signed Agreement (including for the purpose of modifying it) will be in writing and will be sent by email to the relevant address detailed in the Agreement.

• Communications by email will be considered to have been given and received at the time of delivery or transmission if that delivery or transmission occurs prior to 4:00 p.m. on a business day, failing which the communication will be considered to have been given and received on the next business day. For the purposes of the signed Agreement, a business day means any weekday that is not a holiday.

Dispute Resolution

• Either of us may request that any dispute arising out of the signed Agreement be submitted to binding arbitration before a mutually agreed-upon arbitrator in accordance with the arbitration legislation of the governing province or territory. The arbitrator’s decision or award will be final.

Applicable Law

• The signed Agreement will be governed and interpreted in accordance with the laws of Canada and the province of Nova Scotia.

• If any part of the signed Agreement is found to be unlawful, void, or for any reason unenforceable, it will be considered separate from the signed Agreement and will not affect the validity and enforceability of the remaining Agreement. If either of us waives a breach or default under the signed Agreement, the waiver will not apply to a repeat of the same breach or to a breach or default of another clause in the Agreement.

Modification of Agreement

• Any modification of the signed Agreement must be in writing and acknowledged in writing by both of us.