These terms and conditions apply to any work done on behalf of the Client (you) by me (Vanessa Anderson of Night Owl Freelance).
I will provide editorial and/or design services agreed upon (in writing) by myself and the Client; the nature of the services I provide are as described on their respective pages on my website and/or in email correspondence.
The Client must send the project manuscript in its entirety, as a single document. The Client cannot make further changes to the manuscript once it has been sent unless agreed upon with me (Vanessa Anderson) beforehand.
I confirm that I am self-employed, am responsible for my own taxes, and will not claim benefits granted to the Client’s employees. (If you need me to send you a W-9, please email me.)
My contract for service requires that the Client acknowledge, in writing, that they have read, understood, and agree to these terms and conditions.
Project Terms
Prior to the commencement of the editing or design work, the Client and I will agree, in writing, to the terms of the project:
the medium in which the service will be carried out (e.g. in Word, on paper);
how the material will be annotated (e.g. Track Changes in Word, US standard proofreading marks on paper);
the length of time required to complete the project, as advised by me;
a fee for the project, based on a quotation supplied by me, in writing, following my evaluation of the material to be edited and the time frame required to complete the job;
any expenses (e.g. postage) that the Client will bear in addition to the costs of the editing
the date by which the material will be delivered by the Client to me;
the latest date by which the completed project will be returned, following my notes and suggestions to the Client.
Please note: If, at any point, it becomes apparent that significantly more work is required than had been anticipated in the preliminary assessment/or from the sample supplied, I withhold the right to renegotiate the fee and/or the deadline or decline to complete the work.
Fees
A quotation for fees is supplied after an evaluation of the materials (e.g. a sample edit) and a discussion with the Client as to what is required.
The Client will pay me a fee per word, OR an agreed flat fee for the project, according to the prior agreement.
Once the Client and I have agreed on the full fee, it is non-negotiable unless the Client extends the word count of the project or requests additional services. In this case, a revised quotation and a new project-completion date will be negotiated.
If the project is lengthy, I may invoice periodically for completed stages, as agreed in advance.
Unless otherwise agreed, I will supply the Client with an invoice immediately upon return of the completed project.
Unless otherwise agreed at the outset, payment should be made within 21 days of receipt of the invoice.
Unless otherwise agreed, the fee quoted for my editorial services is for one full pass of a manuscript. This means I will go through the manuscript from start to finish only once. (However, I will check responses to queries left in the manuscript as part of the editing process.) Additional passes are new projects, the terms of which will be agreed upon separately.
Deposits
If the project fee is more than $300, I require a deposit of 50% from all clients.
At my discretion, I may ask for a 25% deposit (instead of a 50% deposit) from repeat clients.
Deposit payments are due upon receipt of the deposit invoice.
If a deposit is required, the agreed project schedule will not be fixed until the deposit amount is received.
I don’t offer a “rush” service, but I offer advanced booking. If you’d like to reserve a time beyond 6 calendar months out (to correspond with when you anticipate finishing your manuscript), I require a $200 deposit that's deducted from the 50% upfront portion when I receive your full manuscript.
All deposits are non-refundable.
Cancellation Policy
Clients are free to cancel a service for any reason by providing me with a written notice via email; I must acknowledge this cancellation in writing (including email) for this to be valid. However, all deposits are not refundable.
The Client will remain obligated to pay a fee proportionate to the amount of work already completed (if any) if this amount is larger than the deposit paid.
I may cancel a service at any time for any reason by providing a written notice (including email) to the Client. In the unlikely event that I cancel service, I will provide a prorated refund of any overages of fees paid (including the deposit, excluding banking and admin fees).
If in the unlikely event the Client is afflicted by extraordinary or difficult circumstances that cause cancellation or delay (e.g. family crisis, illness, etc.), the Client should contact me via email to discuss the terms of the cancellation policy. I strive to be fair and helpful at all times.
If I am afflicted by similar extraordinary or difficult circumstances that cause cancellation or delay, I will contact the Client in writing via email at the earliest opportunity and do my best to renegotiate the timeframe of the project or find an alternative supplier of editing and/or design services.
If the Client commits a breach of contract and/or deprives me of my due fees in any way, the amount owed will be sent to a National Collections agency within 90 days of my having exhausted all options for resolution.
Confidentiality
The Client’s files will be kept confidential and will not be shared with anyone (other than the Client’s contractors (e.g. illustrator(s) or designers), if necessary, with prior written permission).
I will not, under any circumstances, upload the Client’s files to external websites or distribute them to third parties unless specifically authorized to do so, in writing, by the Client.
Under the terms of the Washington State Privacy Act 2021, the Client and I may keep on record such information (e.g. contact details) as is necessary. Either may view the other’s records to ensure that they are relevant, correct, and up to date.
Post publication, I reserve the right to advertise (e.g. promote) my Client's work in ways that benefit the Client as well as my business (Night Owl Freelance).
Copyright
All content delivered to me by the Client for the editing project is owned by the Client.
In this respect, the Client agrees to hold me harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against them.
Following payment of my invoice, any content created by me as part of the line and copy-editing process will become the copyright of the Client unless otherwise agreed.
The copyright of any content created by me as part of the developmental analysis or manuscript critiquing process will remain mine. The Client may not share the content of these reports without prior written permission from me (Vanessa Anderson).
Quality Assurance
Education and experience-wise, I am at the top of my field. I aim for objectivity in my editorial feedback by basing my edits and suggestions on external principles and resources of authority, such as established literary theory and style guide manuals. However, there is always some degree of subjectivity to any creative project, and the writing–editing process is ultimately one of collaboration where the Client has the final say in the decisions made about the work.
While I aim for the highest editorial standards, I cannot guarantee the Client will secure agent representation or publication, nor can I guarantee sales of the published work.
I am unable to guarantee perfection; it would be unethical to do so, as editorial perfection is impossible to obtain.
Acknowledgments in Published Works
There is no requirement for the Client to mention me (Vanessa Anderson of Night Owl Freelance) in the published work’s acknowledgments section. However, the Client agrees that I will have the opportunity to review any such mention prior to publication, or to decline to be mentioned.
Legal Jurisdiction
This agreement is subject to the laws of Washington State, and both the Client and I agree to submit to the jurisdiction of Washington State.
The governing county for any arbitration or court proceeding based on or arising out of this Agreement shall be King County, Washington State.
If there are any questions regarding these terms, please contact me using the information below: email: [email protected] or click here.