Foxx Editorial Editing Services

1.1 These terms and conditions apply to any work done on behalf of the Client (you) by Kathleen Foxx.

1.2 Kathleen will provide editing services agreed upon in writing by herself and the Client.

1.3 The Client is under no obligation to offer Kathleen work; neither is Kathleen under any obligation to accept work offered by the Client.

1.4 The work will be carried out by Kathleen. She will not subcontract any projects, or parts of projects, to third parties without express written consent by the Client. Neither will she use a generative AI program (such as ChatGPT) to inform any of her feedback or suggested edits.

1.5 Kathleen confirms that she is self-employed, is responsible for her own income tax contributions, and will not claim benefits granted to the Client's employees.

1.6 The contract of service requires that the Client acknowledges, in writing (including email via the booking confirmation form) and by signing below, that they have read, understood, and agreed to these terms and conditions.

 

2.1 Prior to commencement of the editorial work, the Client and Kathleen will agree, in writing (including email), the terms of the project. This includes:

* the medium in which the editing/assessment will be carried out (i.e., in MS Word)
* how the material will be notated (i.e., Track Changes in Word)
* the length of time required to complete a project
* a fee for the project, based on a quote supplied by Kathleen (if necessary) in writing (including email), following her evaluation of the material to be edited (for full edits and assessments) and/or the time frame required to complete the job
* any expenses that the Client will bear in addition to the costs of the project
* the date by which the material will be delivered by the Client to Kathleen
* the latest date by which the completed project will be returned, following Kathleen's advice to the Client, unless otherwise agreed to in writing by both parties

2.2 Please note that if, at any time before or during work on the project, it becomes apparent that signifcantly more work is required than had been anticipated in the preliminary discussion/brief or from the sample supplied, Kathleen may negotiate the fee and/or the deadline or decline to carry out the work.

3.1 For full manuscript edits and assessments or other work that is based on wordcount, a quote for the work will be provided by Kathleen to the Client following her evaluation of approximately 1000 words of the beginning of the project to be worked on, and a discussion with the Client as to what is required will take place.

3.2 Once the Client and Kathleen have agreed on the full fee, it is non-negotiable unless the Client extends the word count of the job or requests additional services. In this case, a revised quote and completion date will be negotiated.

3.3 The client will pay Kathleen a per-word fee based on the wordcount in the original document OR per hour OR an agreed flat fee for the project, as agreed in writing.

3.4 Unless otherwise agreed, Kathleen will supply the Client with an invoice immediately upon completion of the project, unless the full amount has already been paid.

3.5 Payment must be received within three (3) days of when Kathleen sends the invoice.

3.6 Unless otherwise indicated, the quoted fee for a partial or full manuscript edit is based on two rounds of edits/feedback, and the quote for a partial or full manuscript assessment is based on one round of feedback.

3.7 Due to it being the final stage before publication, a proofread requires previous professional editing stages to be completed, either by booking with Kathleen or with other editors. If Kathleen is contracted to provide a proofread, the Client must acknowledge that the manuscript has previously been through other rounds of edits and is ready for a proofread. If, after beginning the proofread, the manuscript is found to require further edits, Kathleen will pause the project and discuss the project needs with the Client. If availability permits and the Client is in agreement to pay the appropriate fee for the edits required, the project can be reassigned to a different service provided by Kathleen.

3.8 For proofreads, the quoted fee includes a reasonable amount of back-and-forth rounds between Kathleen and the Client until all errors are corrected and both parties are satisfied.

3.9 For nonfiction proposals, fees are charged on a flat-fee basis depending on the service.

3.10 For nonfiction proposals, the scope of the project will be discussed and agreed upon in writing (i.e., via email) prior to booking.

4.1 This booking confirmation form is an agreement to contract editorial services between Kathleen and the Client. The agreement is validated by checking the boxes below and digitally signing this form.

5.1 Once this booking confirmation form is sent, Kathleen will issue an invoice for the booking fee.

5.2 Booking fees are non-refundable.

5.3 For a nonfiction proposal booking or a two-round project that exceeds $500 USD, the Client will pay a booking fee of 50% of the total project fee. The remaining 50% must be paid within 3 days of delivery of round one, unless other arrangements have been previously agreed to in writing.

5.4 For a one-round project, a query or synopsis critique, or a project that is less than $500 USD, the Client will pay the full fee up front. This is non-refundable.

5.5 By filling in this booking confirmation form, the Client agrees to secure Kathleen's editorial services for a specific and mutually agreed-upon project, at a specific and mutually agreed-upon time.

5.6 By filling in the booking confirmation form, the Client confirms they have read and agreed to the terms and conditions herein. From thereon, the terms and conditions of the cancellation policy (see below) apply.

5.7 The booking is considered confirmed once the booking fee has been paid by the Client and received by Kathleen.

5.8 For Canadian residents only, taxes are based on the province or territory of your residence.

5.9 Payment can be conveniently made via PayPal.

5.10 Any payments made after the specified due date on any invoice is subject to late fees of 2% per month or 26.8% per year.

6.1 This Agreement may be terminated by the Client or the Editor at any time when the project is not underway.

6.2 Written notice (including email) must be given by the cancelling party to the other party and acknowledgement must be sent by the receiving party to the cancelling party in order for the cancellation to be valid. Should Kathleen need to cancel the Collaboration and the Client does not acknowledge in writing within 30 days of Kathleen's notice of cancellation, the Collaboration will be automatically considered cancelled.

6.3 If, in the unlikely event that the Client experiences extraordinary or difficult circumstances that cause cancellation or delay (i.e., family crisis, illness, bereavement), the Client shall contact Kathleen to discuss the terms of the cancellation policy. Kathleen aims to be fair and helpful at all times and appreciates reciprocated fairness.

6.4 If Kathleen experiences extraordinary or difficult circumstances that cause cancellation or delay (i.e., family crisis, illness, bereavement), she will contact the Client in writing at her earliest opportunity and do her best to renegotiate the time frame of the project. If work has already begun, Kathleen will provide a prorated refund on any overages paid. If work has not already begun and cancellation is the only resolution, the full amount will be returned (including the booking fee).

7.1 If the Client cancels during the project, Kathleen reserves the right to invoice for 100% of the agreed fee (less the booking fee, already paid).

7.2 If the Client wishes to cancel with less than one month's notice, Kathleen reserves the right to invoice for 100% of the agreed fee (less the booking fee, already paid).

7.3 If the Client wishes to cancel with more than one month's notice, the booking fee will not be refunded but no other charge will apply.

8.1 All content delivered to Kathleen by the Client for the purposes of her editorial services is owned by the Client.

8.2 In this respect, the Client agrees to hold Kathleen 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.

8.3 Following payment of the invoice, any content created by Kathleen as part of the proofreading/editing process will become the copyright of the Client unless otherwise agreed.

9.1 The Client will provide all information that has a direct bearing on the successful outcome of the project and will inform the Editor in writing of any portion of the work or related information that is confidential. The Editor will hold in confidence and not disclose the confidential information to any third party, except with the Client’s written consent or as required by law with prior notice to the Client.

9.2 The Editor will take all reasonable steps to safeguard and protect the loss, destruction, or unauthorized access, use, or disclosure of confidential information using a reasonable degree of care and no less than the same degree of care used to protect the Editor’s own confidential information. The Editor will promptly return to the Client or destroy, as directed by the Client, confidential information and any other Client property requested by the Client at any time.

9.3 The Client is protected by copyright laws in the Client’s country of residence and retains the copyright of any original materials provided to the editor as they pertain to the project referred to in this Agreement. The Editor will not make any unauthorized use of any of the Client’s trade secrets, confidential information, proprietary property, trademarks, or copyrighted materials. The Editor is allowed to include the cover image, book description, author’s name, and publisher name on their websites, galleries, and other media for portfolio-building purposes only but not for any other purposes. The Editor agrees not to publish any confidential or non-public work without the Client’s prior written consent.

10.1 Kathleen is an independent contractor. Nothing in this Agreement will be understood to create a partnership, joint venture or co-venture, agency, or employment relationship between the Client and Kathleen. Kathleen is free to provide services to other clients as long as there is no interference with her obligations to the Client as outlined in this Agreement.

11.1 The Client acknowledges that editing is a process of offering advice and suggestions to the Client, which can be quite subjective. While Kathleen will make every effort to identify, correct, and bring questionable material to the Client’s attention, it is not possible to guarantee error-free content (a 10% margin of error is accepted by the Client).

11.2 In no way can Kathleen guarantee that working with her will lead to acquiring an agent or a book deal.

12.1 This agreement will be governed and interpreted in accordance with the laws of Canada and the province of Ontario.

12.2 The Client or Kathleen may request that any dispute arising out of this 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.

12.3 If any part of this Agreement is found to be unlawful, void, or for any reason unenforceable, it will be considered separate from this Agreement and will not affect the validity and enforceability of the remaining Agreement.

12.4 If either the Client or Editor waives a breach of default under this Agreement, the waiver will not apply to a repeat of the same breach or a breach or default of another clause in the Agreement.

13.1 With Kathleen's written permission, the Client may credit Kathleen for the work developed under this Agreement on the Copyright page of the work and/or the Acknowledgements page of the work and list them on the Client’s website as the Editor.

13.2 The Client is not required to mention Kathleen in the published project.

13.3 The Client agrees that Kathleen will have the opportunity to review any such mention prior to publication or to decline to be mentioned.

13.4 The Client agrees that Kathleen can, but is not obligated to, list the published project and/or any testimonial provided by the client, including an image of the published book cover, on her website and any other platform where she markets her services.