Terms & Conditions
1.1 “Website” shall refer to www.EditBerry.com or any other website under EditBerry’s ownership or control.
1.2 “You” and “Your” shall refer to the EditBerry Client and/or the individual or parties accessing the EditBerry website.
1.3 “Client” shall refer to the customer having placed an order with EditBerry.
1.4 “EditBerry”, “Our”, “Us” and “We” shall refer to EditBerry, subsidiary, holding company or any subsidiary of the holding company.
1.5 “Services” and “products” shall mean the services specified on the order form.
1.6 “Contract” shall refer to the binding agreement between the Client and EditBerry.
1.7 The following are terms of a legal agreement between you and EditBerry. By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this web site.
1.8 EditBerry assumes no responsibility regarding the accuracy of the information that is provided by EditBerry and use of such information is at the recipient’s own risk. EditBerry provides no assurances that any reported problems may be resolved with the use of any information that EditBerry provides.
2.1 Client details and submitted materials is subject to strictest confidentiality. All EditBerry employees are bound by an agreed legal contract, in which no part of a clients submitted documentation may be disclosed to a third party.
2.2 EditBerry limits access to client’s personal information and submitted material to those employees who it reasonably believes need to come into contact with that information to provide services or products to the client or in order to do their jobs.
2.3 Client details and submitted work will will be stored on the EditBerry database and with EditBerry employees.
5.1 The submission of the EditBerry completed forms by the client, or an email of agreement will be given as the clients acceptance of our terms and conditions. Services forms with pre-payment are accepted on site, these will constitute a purchasing contract between both parties. Services forms without pre-payment constitute an initial quotation, which once accepted through the EditBerry payment schedule, will constitute a purchasing contract between both parties.
5.2 For service requests submitted either with pre-payment or without pre-payment, the requested quantity of work (e.g. word count and English Language proficiency) will be cross checked with the documents supplied. Should this not match, EditBerry reserves the right to make a further charge prior to commencing work or to cancel work subject to section 6.
6.1 Please note, we require that payment is made, and cleared prior to commencement of any EditBerry service.
6.2 Non-payment will result in cancellation of the requested service.
6.3 A 10% cancellation fee will be applied to an order for which work has not yet commenced. A further pro-rata fee will be added on after it is calculated by EditBerry for partial completion of work.
6.4 Services shall be provided given that subsequent work is used within the acceptable use policy below. EditBerry reserves the right to cancel work at any stage should EditBerry become aware of misuse of the acceptable use policy outlined in sections 7 to 11.
6.5. Cancellation due to misuse of the acceptable use policy (sections 7 to 11), will be subject to section 6.3 for cancellation fees and pro-rata services undertaken.
6.7 EditBerry may reserve the right to cancel any services prior to commencement of service, during agreed service or withhold any completed service. In the event of a cancellation EditBerry can not be held liable for incomplete work.
6.8 If a full editing has been carried, no cancellation can be applied and EditBerry will not refund the money.
7.1 EditBerry limits access to personal information about you to those employees who we reasonably believe need to come into contact with that information to provide products or services to you or in order to do their jobs.
7.2 The client is solely responsible for all material which is submitted. The client acknowledges that all information , whether publicly available or privately transmitted, are the sole responsibility of the client from whom such material originated.
7.3 The client acknowledges and agrees that the EditBerry services will not be used by the client to:
7.3.1 upload, post, email or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
7.3.2 impersonate any person or entity other than yourself.
7.3.3 forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services.
7.3.4 upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
7.3.5 upload, post, email or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party.
7.3.6 upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.
7.3.7 upload post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
7.3.8 disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
7.3.9 intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange.
7.3.10 upon receipt of completed items by EditBerry, each item shall be inspected for completeness. All complaints shall be made promptly to EditBerry in writing within 24 hours.
7.4 We do not undertake work which provides model responses or answers to educational or non-educational qualifications.
8.1 After a request for quote, EditBerry will provide a quote and raise an invoice request. Acceptance of an order and at this point the purchase contract will require that you will be charged for your order prior to work commencing.
8.2 We shall not be liable to any client financial loss arising out of the refusal, cancellation or termination of service or cancellation or refusal of service as given in section 7.
8.3 Client details will remain confidential to third parties unless required by law.
8.4 EditBerry is not responsible for compliance, or checking for compliance of rules and regulations for the clients’ intended submission authority, prior to submission to EditBerry.
8.5 The client agrees that any decision taken to rely on the suggestions provided by EditBerry is done so entirely at the clients own responsibility.
9.1 The clients possible claims for delay of contract are also excluded if the delay of slight negligence or default of contract is based on the delivery of a defective “service”.
9.2 EditBerry performs its contractual duties by subsequent delivery of a service within a reasonable period of time. The turn around times given on forms are estimations and are calculated in working days or hours. The working hours are set to GMT.
9.3 In case EditBerry is unable to perform its delivery obligation due to belated self-supply or forces beyond its control (force majeure), the contract is not terminated but merely suspend until the removal of such impossibilities has made it possible to deliver.
9.4 All effort will be made to give the client notice of foreseen delay in delivery of service.
9.5 A service is deemed complete once it has been sent to the client. EditBerry reserves the right not to carry out further revisions should it deem the work to be complete. If revision of work is accepted by EditBerry, the client will be charged at the standard service rates as will be calculated by EditBerry, for which payment must be made beforehand.
10.1 The images and logos identifying EditBerry or third parties and their products and services are subject to copyright, design rights and trade marks of EditBerry. Nothing contained in these terms shall be construed as conferring ownership by implication to affilyon or any other third party.
10.2 EditBerry respects the intellectual property of authors and creators and request that all client mutually respect the same. EditBerry may in accordance with its Terms of Service, in appropriate circumstances and at its discretion, disable and/or terminate without notice the accounts of clients who may be infringing the intellectual property rights of others. In the event of disputed intellectual property, it is the sole responsibility of the client to prove otherwise.
10.3 EditBerry does not condone nor encourage plagiarism, however, EditBerry takes no responsibility in such circumstances. It is the sole responsibility of the client to ensure that work submitted has not been plagiarised. Should it come to the attention of EditBerry that it has received plagiarized documents for its services, it will terminate all work on the submitted item(s), terminate the clients account, and if required by law, alert the relevant authorities. In such circumstances, clause 10.1 will be invoked.
11.1 EditBerry reserves the right to terminate any or all of its services if it deems that the client has breached the Company’s Terms and Conditions, acted unethically, intentionally provided electronic material with malware or virus.
11.2 Clause 6.2 , 10.2 and 10.3 will invoke termination.
11.3 If the need for a termination arises, EditBerry takes no responsibility for any loss incurred to the client.
12.1 Whilst EditBerry will make every effort to ensure that edited work is supplied within the agreed time frame, it does not take responsibility for unforeseen delays for whatever reason.
12.2 In extraordinary cases, refund will only be supplied by the discretion of EditBerry.