TERMS OF SERVICE

PER SIGNING A CONTRACT WITH RAQUEL BROWN EDITING SERVICES, PURCHASING OR BOOKING A SERVICE WILL CONSTITUTE YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THE BELOW TERMS AND CONDITIONS AND YOUR AGREEMENT TO ADHERE TO THEM AND BE BOUND BY THEM DURING THE COURSE OF WORK WITH RAQUEL BROWN EDITING SERVICES.

PART A - SECTION 1

Editing Services Agreement for Services Offered by Raquel Brown Editing Services

  1.       Editing is a process of offering advice and suggestions to the Client (you), and the Editor (Raquel Brown) will make every best effort to ensure the Client is pleased with the service that has been performed.

  2. The Client agrees that these Terms and Conditions apply to any services purchased via the Raquel Brown Editing Services online store and/or any editing work scheduled or done for the Client by the Editor. The Client agrees to all Terms of Service listed on the Raquel Brown Editing Services website and agrees that definitions of these Terms are provided at the discretion of the Editor.

    Standards of Service and Limitations

  3. While the Editor will make every effort to identify and bring questionable material to the Client’s attention, it is not possible to guarantee completely error-free content or content that will guarantee interest from a literary agent, editor, or publisher.

  4. The Editor agrees to provide services to the best of their abilities and to a high, reasonable standard as outlined by the description of the provided service, and limited to the description of the purchased service. The Client agrees that even when the Editor is providing a high level of service, errors may remain in the completed work, but should not significantly impact the work.

  5. The Editor agrees that if the Client is not satisfied and the Client provides additional and reasonable direction for how they would like the service to be completed, the Editor will rectify the work to the best of their abilities if the additional direction provided by the Client remains within the scope of the initially purchased service (as defined by the Editor).

    Privacy and Sending Files

  6. Editor will keep the nature and content of the work confidential and will not distribute the Client’s files or transfer the files in a manner that is not agreed upon by the Client.

  7. The Client agrees to provide the files necessary for the Editor to complete the services. The Client acknowledges that after purchasing an editing service from Raquel Brown Editing Services, they will need to email the files to the Editor, and agrees they will make every best effort to provide the file in a manner consistent with the agreed-upon timeframe for the project. The Client agrees to ensure that files provided to the Editor are of the appropriate type to ensure that the Editor can complete the requested service (for example, file types including, but not limited to, “.doc” or “.docx” files).

  8. The Client agrees that the Editor’s timeframe for project completion will not begin before the Editor has received the correct files related to the project and Editor has acknowledged to the Client that the provided files align with the intended project, and function without issue.

  9. Changes made to material that has already been submitted to the Editor for editing may be considered additional work and/or may change the initial due date. The Client agrees that it may not be possible for the Editor to incorporate the changed material if it has been provided after the Editor has already started work on the initially submitted materials.

    Ghostwriting

  10. The Client agrees that the Editor is under no obligation to provide ghostwriting services and may refuse work if the Client requests the Editor perform writing/re-writing services outside of the scope of a standard editing project (as defined by the Editor and agreed upon at the onset of the project).

    Operating Hours

  11. Raquel Brown Editing Services generally operates Monday through Friday, 0900—1500 PST, excluding U.S. holidays, and the Client agrees that operating days and hours may be subject to change without prior notice. The Editor will make every best effort to respond to communications received during operating hours and/or offer notification if operating hours significantly deviate from the listed timeframes.

  12. If a service offered by Raquel Brown Editing Services is purchased through the online store or otherwise scheduled, work on the purchased service may only occur Monday through Friday, 0900—1500 PST. If a service is purchased by the Client after 1500 PST, the timeframe for completion will begin at 0900 PST on the next business day (Monday through Friday, excluding U.S. holidays).

  13. The Editor is under no obligation to provide a service for the Client on a Saturday, a Sunday, or a U.S. holiday, but may choose to offer services outside of standard weekdays and business hours if the Client requests an expedited service. The Client agrees that additional fees may apply for expedited services provided by the Editor.

    Rescheduling, Refunds, and Deposits

  14. If full payment for a project has been provided by the Client to the Editor and a notice for rescheduling is not provided to the Client, the Editor has incorporated the Client’s project into their schedule and/or modified their schedule to accommodate the project and provide the service in a timely fashion. The Client agrees that the Editor has accepted the project and may begin work at any subsequent time.

  15. If the Editor cannot complete a service (either purchased through the online store or otherwise scheduled) according to the initially indicated and/or agreed upon timeframe, a rescheduling notice will be provided via email to the Client. If the Client has provided payment to the Editor, the Editor may provide a refund if the timeframe cannot be renegotiated.

  16. In the event of extenuating circumstances which may render the Editor unable to perform their obligations under the terms of this Agreement, despite having taken commercially reasonable precautions, because of acts of God, illness, disease or injury, interruption of utilities, equipment or transmission failure or damage, or other causes reasonably beyond the Editor’s control, the Editor shall not be liable to the Client for any damages resulting from such failure to perform or otherwise from such causes. The Editor and the Client shall notify each other as soon as reasonably possible following the occurrence of an event to renegotiate the completion timeframe.

  17. If the Editor has started work on a service that has been purchased, and the Editor has received the full fee for the project, the Client agrees that the Editor may not provide a refund greater than 50% of the agreed-upon and/or paid service fee if the Client decides to cancel the service before the work has been completed.

  18. The Client agrees that no refund may be provided by the Editor to the Client if the Client decides to cancel the service after the work has been nearly or fully completed (as defined by the Editor) OR if it is within 10 days of the agreed-upon date for completion. If the Editor does not provide a refund because the work has been nearly or fully completed, the Editor will return the nearly or fully completed work to the Client, and the Client agrees that the work may be incomplete.

  19. If the Editor has started work on a service that has been scheduled, discussed, and/or confirmed by the Editor and Client, but has not yet invoiced the Client or been paid by the Client, the Client agrees to pay at least 50% of the agreed service fee if the Client decides to cancel before the work has been completed. The Editor may incorporate other expenses if they have been incurred while working on the project.

  20. The Editor may request a deposit to secure a scheduling spot. Deposits (generally, but not always, equal to 50% of the agreed service fee) are non-refundable and secure a place for the Client within the Editor’s schedule to complete services for the Client. If, after scheduling the service and paying the deposit, the Client requests an adjustment to the initially agreed-upon timeframe, the Client recognizes that the Editor’s schedule may be full for an undetermined amount of time, but that the Editor will make every best effort to reschedule and provide services for the Client. Once the work is completed, the Client would only be responsible for the amount of the service fee minus what has already been paid as a deposit.

    Scopes of Service and Indemnification

  21. If, upon receipt of the item to be worked on, it becomes evident that it will require work greatly beyond the scope of what was initially agreed upon or indicated by the purchased service, the Editor retains the right to renegotiate the deadline and/or fee for the service and may issue a refund if the service cannot be completed as stated within the initial timeframe, scope, or service.

  22.      The Client accepts 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. The Client is fully responsible for accepting (or rejecting) the Editor’s suggestions and resolving any issues potentially identified by the Editor (e.g., suspected plagiarism or copyright infringement).

  23. The Client agrees to make known to the Editor whether Artificial Intelligence (AI) software, programs, webpages, or other technologies were used to assist in the creative generation of any text included in the manuscript that the Editor is working on.

  24. The Client agrees that if significant plagiarism (to include the presence of AI-generated text) is detected during the course of editing services, the Editor may terminate the agreement and the Client’s deposit will not be refunded.

  25.        The Editor will not make any unauthorized use of any of the Client’s trade secrets, confidential information, proprietary property, trademarks, or copyrighted materials.

  26. The Client agrees to indemnify and hold harmless the Editor from any and all claims or demands, including legal fees, that arise out of any alleged libel, copyright or intellectual property infringement, or any other legal or contractual issues created by the Client in writing, revising, publishing, or otherwise using the work.

  27.        The Editor will not be liable for any amount in excess of the fees due for the purchased and/or agreed upon service. This limitation on liability also applies if information or materials are damaged or lost.

  28.       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 consent.

  29. In the event of extenuating circumstances which may render the Editor unable to perform their obligations under the terms of this Agreement, despite having taken commercially reasonable precautions, because of acts of God, illness, disease or injury, interruption of utilities, equipment or transmission failure or damage, or other causes reasonably beyond the Editor’s control, the Editor shall not be liable to the Client for any damages resulting from such failure to perform or otherwise from such causes. The Editor and the Client shall notify each other as soon as reasonably possible following the occurrence of an event described in this subsection in order to renegotiate the timeframe for the services.

  30. This Agreement will be governed and interpreted in accordance with the laws of the United States of America and the state of California.

    Freelancer Status and Termination

  31.      The Editor is operating as a freelancer to provide a specific service or product within the boundaries of the purchased service or product. In no way will purchasing a service or product be understood to create a partnership, joint venture or co-venture, agency, or employment relationship between the Client and the Editor.

  32. The Editor or Client may terminate a contract at no cost to the Client if the termination is mutually agreed upon. Refunds may not be provided if a contract is terminated after work has been purchased or if the Editor has started work or modified their schedule to accommodate providing a service for the Client.

    Terms

  33. If any errors are present in any portion of the Terms of Service, it shall not nullify the terms of this Agreement or impact in any way the manner in which the Client is obligated to accept, acknowledge, and abide by the Terms of Service.


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PART B

TERMS OF SERVICE OVERVIEW

This website is operated by Raquel Brown. Throughout the site, the terms “we”, “us” and “our” refer to Raquel Brown. Raquel Brown offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and, availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. Editing is a process of offering advice and suggestions to the Client. While the Editor will make every effort to identify and bring questionable material to the Client’s attention, it is not possible to guarantee error-free content or content that will guarantee interest from a literary agent, editor, or publisher.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Raquel Brown, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Raquel Brown and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. Under no circumstances will the Editor be liable for any amount in excess of the fees due for services that have been purchased.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California, United States, as agreed by both The Editor and The Client.

SECTION 19 - CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to contact@raquelbrown.com.