Terms of Use

Version Date: February 15, 2022

 

Article 1. Definitions

  1. Manuscript Mentoring: Manuscript Mentoring (Pty) Ltd; the organization providing proofreading, editing, developmental editing, and formatting services through the manuscriptmentoring.com domain.

  2. Customer: A natural or legal person who has contracted Manuscript Mentoring to provide services.

  3. Service(s): All services, including proofreading, editing, and developmental editing, that Manuscript Mentoring carries out as part of an accepted assignment.

  4. Document(s): All documents provided to Manuscript Mentoring by the customer, such as a chapter of a novel.

  5. Checked document(s): All documents proofread, edited, or otherwise revised by Manuscript Mentoring.

  6. Assignment: An agreement by which Manuscript Mentoring undertakes the provision of certain services to the customer.

  7. Proofreading, editing, or developmental editing service: A service that entails a document being checked by an editor and Manuscript Mentoring.

  8. Proofreading, editing, or developmental editing period: The period that ends with the final time and date by which a document should be checked.

  9. Editor: A natural or legal person who is engaged by Manuscript Mentoring to execute an order that is received from a customer.


Article 2. Applicability

  1. These terms and conditions apply to any tender, offer, or agreement between Manuscript Mentoring and the customer.

  2. When it appears that one or more of the provisions of these terms and conditions is at any time wholly or partially invalid, the remaining provisions shall remain fully applicable.

  3. When the interpretation of one or more provisions of these terms and conditions is unclear, an explanation that is “in the spirit” of these provisions shall be applicable. This is also the case when a situation that is not detailed in these terms and conditions arises.

  4. If Manuscript Mentoring is not in strict compliance with these terms and conditions, it does not mean that the provisions are invalid or that Manuscript Mentoring loses its right to otherwise demand strict adherence to them.


Article 3. Offer

  1. An offer contains a complete and accurate description of the services being offered by Manuscript Mentoring. The description will be detailed enough that the customer can properly assess it. Mistakes or obvious errors within the offer are not binding for Manuscript Mentoring.


Article 4. Agreement

  1. The contract is concluded when the customer accepts Manuscript Mentoring’s offer.

  2. Manuscript Mentoring will confirm receipt of the customer’s acceptance of the offer by electronic means.


Article 5. Modification of the agreement

  1. If during the execution of the agreement it is revealed that it is necessary to alter or supplement the agreement in order to implement it properly, Manuscript Mentoring and the customer will consult and agree to any modifications to the agreement.

  2. Manuscript Mentoring can refuse a request to modify an agreement without being in default of the agreement or omitting anything therefrom.


Article 6. Cancellation of a contract by Manuscript Mentoring

  1. Manuscript Mentoring has the right to cancel a contract after it has been concluded.

  2. When Manuscript Mentoring cancels a contract, it will contact the customer as soon as possible.

  3. Manuscript Mentoring has the right to cancel a contract if Manuscript Mentoring considers that the document uploaded by the customer does not meet minimum requirements.

  4. The minimum requirements for a document are as follows:

4.1. Unless agreed upon differently beforehand by an editor and the customer, the document must consist wholly of prose (as in fiction or nonfiction writing) or verse (as in poetry).
4.2. For the proofreading service, the quality of the document must be such that an editor can check the document in a standard manner. This assessment of quality is undertaken by Manuscript Mentoring. When the basic quality of the document is too low, an editor cannot edit the document following the normal procedure.
4.3. The customer must not appear to be committing fraud.

 


Article 7. Retention of documents

  1. If the customer purchases a service, Manuscript Mentoring will store his/her document.

  2. The customer must notify Manuscript Mentoring if he/she wants his/her stored document deleted.

  3. The customer should always ensure that he/she has a copy of his/her original document. Manuscript Mentoring will not be held responsible for the loss of an original document.


Article 8. Review period for a proofreading, editing, or developmental editing service

 

  1. A proofreading, editing, or developmental editing period will be determined when a proofreading, editing, or developmental editing service is purchased.

  2. The assigned editor may decide when the document is checked, so long as he/she delivers the checked document before the deadline.

  3. The proofreading, editing, or developmental editing period shall begin at the time of payment and end when Manuscript Mentoring makes the checked document available to the customer.

  4. If the editor will not meet the deadline, Manuscript Mentoring will inform the customer in a timely manner.

  5. The customer cannot rely on a timely receipt of his/her checked document when there are technical problems with electronic tools that lead to the customer receiving the checked document at a later point in time.


Article 9. Cancellation and refund

 

  1. Manuscript Mentoring will issue a full refund upon request if the customer orders and pays for a proofreading, editing, or developmental editing service, then cancels his/her order before he/she receives his/her checked document. All refunds are subject to Manuscript Mentoring’s Refund Policy.


Article 10. Liability

 

  1. If Manuscript Mentoring is liable, this liability is limited to what is stated in these provisions.

  2. Manuscript Mentoring is not liable for damages of any kind that are caused by Manuscript Mentoring being provided incorrect and/or incomplete information by or on behalf of the customer.

  3. If Manuscript Mentoring is liable for any loss, its liability is limited to only the invoice value of the contract, at least for the portion of the order to which the liability relates.

  4. Manuscript Mentoring is not liable for any damage suffered by the customer in the event that Manuscript Mentoring rejects his/her order.

  5. Manuscript Mentoring cannot be held liable for damage to or loss of documents that are stored by Manuscript Mentoring or third parties.

  6. Manuscript Mentoring cannot be held liable for consequences and potential damage to the customer in the event that it does not meet a proofreading, editing, or developmental editing period deadline.

  7. Manuscript Mentoring cannot be held liable for consequential damages, including those caused by the customer experiencing delays.

  8. Manuscript Mentoring has and reserves the right to undo damage of the customer, if possible and to the extent possible.

 

Article 11. Applicable laws and dispute settlement

 

  1. Manuscript Mentoring excludes the application of the CISG.

  2. All disputes will be settled by the competent court in the district of Manuscript Mentoring’s choosing.

Article 12. Changes to the terms and conditions

 

  1. Manuscript Mentoring reserves the right to amend or supplement these terms and conditions.