These Terms and Conditions are the standard terms for the provision of Services by Serotine Editing and Manuscript Services, otherwise referred to in these Terms and Conditions as Serotine Editing.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
– “Client” means the party ordering the Services from Serotine Editing;
– “Contract” means the contract for the provision of Services;
– “Order” means your order for the Services;
– “Price” means the price payable for the Services;
– “Services” means the Services which are to be provided by Serotine Editing to you;
– “Serotine Editing” means Serotine Editing and Manuscript Services, New Zealand Business Number 9429047547001; Australian Business Number 75 340 478 607
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by email, text message, post or other means.
2. The Contract and Orders
2.1 These Terms and Conditions govern the sale and provision of Services by Serotine Editing and will form the basis of the Contract between Serotine Editing and the Client. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Serotine Editing for clarification.
2.2 No binding contract shall exist unless Serotine Editing has accepted an Order in writing by email or otherwise.
2.3 Any quote[s] for Services to be provided by Serotine Editing will remain valid for a period of 30 calebdar days, unless otherwise specified. All charges are inclusive of GST.
3. Price and Payment
3.1 The Price of the Services will be confirmed in writing at the time of your Order.
3.2 If Serotine Editing’s initial quote for an Order is based on a sample of writing, rather than the full text to be edited, we reserve the right to change the Price of the order before commencing the editing work. If the Price of your Order is changed, Serotine Editing will inform you of any such change in writing, and shall not proceed with the editing work before your written acceptance of the new Price is received.
3.3 Payment shall be made on the following basis: 50% of the mutually agreed quote in advance of any work being undertaken; and a final payment of the balance (including any additional fees that are mutually agreed upon during the course of the work being undertaken) within 30 days of receipt of Serotine Editing’s invoice.
3.4 Serotine Editing accept the following methods of payment:
3.4.1 bank transfer;
3.5 Unless otherwise mutually agreed, if the Client does not make the final payment to Serotine Editing by the due date, Serotine Editing may charge the Client interest on the overdue sum at the rate of 5% per annum. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum. The Client must pay any interest due when paying an overdue sum.
4.1 If the Client cancels a Contract prior to the commencement date, a full refund of the 50% advance payment will be made to the Client by Serotine Editing
4.2 All other refunds shall be given at the sole discretion of Serotine Editing.
4.3 The Contract commences between Serotine Editing and the Client as soon as Serotine Editing has received payment from the Client or written confirmation from the Client that work is to commence.
4.4 Serotine Editing may terminate the Contract via written communication to the Client with immediate effect should the Client fail to make any payments due under the Contract.
5. Providing the Services
5.1 Serotine Editing will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Serotine Editing’s control occurs. Please see Clause 6 for events outside of Serotine Editing’s control.
5.2 If Serotine Editing requires any information from you in order to provide the Services, Serotine Editing will inform you of this as soon as is reasonably possible. Depending upon the exact nature of the Services the Client requires from Serotine Editing, Serotine Editing may require information including but not limited to: the specific requirements of the publisher or institution for which your text is being prepared; clarifications regarding the meaning of your writing; and/or clarifications regarding any other editing requirements.
5.3 If the information you provide under sub-Clause 4.2 is delayed, incomplete or otherwise incorrect, Serotine Editing will not be responsible for any delay caused as a result.
6. Service Quality and Standards
6.1 Serotine Editing is not liable, whether in contract or tort or otherwise, for incidental, indirect, consequential, special, punitive, or exemplary damages, including the following:
6.1.1 any loss of revenues or profits or anticipated revenues or profits;
6.1.2 any loss of business or expected future business;
6.1.3 any loss of data related to this service;
6.1.4 any damage to reputation or goodwill;
6.1.5 any damages or costs incurred by or payable to any third party;
6.1.6 any loss or damage that is not foreseeable;
6.1.7 any loss arising in the event that the use of the Services is in breach of the Client’s University or School regulations or provisions governing academic work, where applicable.
7. Events Outside of Our Control (Force Majeure)
Serotine Editing will not be liable for any failure or delay in performing its obligations where that failure or delay results from any cause that is beyond Serotine Editing’s reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Serotine Editing’s reasonable control.
8. How Serotine Editing uses the Client’s Personal Information (Data Protection)
8.1 All personal information that Serotine Editing may collect (including, but not limited to, your name and address) will be treated with the utmost respect and confidentiality.
8.2 Serotine Editing may use the Client’s personal information to:
8.2.1 provide Services to the Client;
8.2.2 process the Client’s payment for the Services;
8.2.3 inform or remind the Client of Services available from Serotine Editing. The Client may request that Serotine Editing stop sending the Client this information at any time.
8.3 Serotine Editing will not pass on the Client’s personal information to any third parties other than those directly involved in the supply of the Services without first obtaining the Client’s express permission.
9. Other Terms
9.1 The Client may not transfer (assign) their obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Serotine Editing’s express written permission.
9.2 The Contract is between the Client and Serotine Editing. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
9.3 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
9.4 No failure or delay by Serotine Editing in exercising any of its rights under these Terms and Conditions means that Serotine Edsiting has waived that right, and no waiver by Serotine Editing of a breach of any provision of these Terms and Conditions means that Serotine Editing will waive any subsequent breach of the same or any other provision.
10. Governing Law and Jurisdiction
10.1 All work is governed by the laws of New Zealand, and the Courts of New Zealand shall have the sole and exclusive jurisdiction to hear and determine all disputes in connection with claims arising from work produced by Serotine Editing.
Last updated 29 July 2019