Terms and Conditions

A "Communication" is any notice, record, agreement, or other type of information made available to the Customer or received from the Customer in connection with the Service.

The "Content" is all information, content and services displayed on, communicated to, transmitted through, or used in connection with DLAEditors.com, including, but not limited to, news articles, reviews, messages, directories, guides, client testimonies, text, data, photographs, images, illustrations, artwork, audio clips, video, document templates, html, source and object code, modules, trademarks, trade names, logos, advertising materials, button icons, software, works of art, compilations or collections of works, etc., as well as its selection and arrangement, and is owned by the Company. It includes the names "David Lombardino," "DLA Editors," "DLA Editors & Proofers," "DLA Editors and Proofers," and the names and email addresses of David Lombardino and the editors or any others working for the Company. It does not include documents submitted by the Customer to the Company for proofreading or editing.

The "Contract for Services" will consist of the Terms, including, but not limited to, the Payment Options, Due Date, Project Fee, Deposit, and Remainder Due, as well as any amendments, modifications, conditions, or special instructions provided by the Customer to which the Company agrees. The effective date for the Contract for Services shall be the date and time upon which the Deposit is received by the Company. Once effective, the Contract for Services may be modified, amended or substituted in writing only, with the written or electronic signature of both parties.

The "Cure Period" is a period of five (5) business days in which the Company has to provide the Customer with the Free Second Edit.

A "Defect" is any bug, error, problem, corruption, virus, incompatibility, or defect that would in any way prevent or interfere with the Company's ability to edit the Customer's document.

The "Deposit" is either a portion of the Project Fee or the entire Project Fee, as described on the www.DLAEditors.com website. For Per Hour projects, the Deposit may be a retainer to be used as a credit toward the total anticipated Project Fee.

The "Get Started Form" is the form on the "Get Started" page of the www.DLAEditors.com website located at https://www.dlaeditors.com/get-started. The Get Started Form is also located on the service pages of the www.DLAEditors.com website

The "Due Date" is the date and time by when the Service will be completed. The Parties agree that the Due Date is the latest date and time by when the Company is to have the Customer's document edited and ready to return to the Customer. The Parties further agree to use the Central Time Zone (U.S.) when calculating the Due Date.

The "Free Second Edit" is editing and proofreading services provided by the Company following the submission of a Notice of Dissatisfaction. The Company will make any necessary changes, to the best of the Company's ability, to address the issues raised in the Notice of Dissatisfaction at no additional charge to the Customer . The Free Second Edit is limited to the contents of the original document that was submitted to the Company.

The "Notice of Dissatisfaction" is the written notice that the Customer submits to the Company if the Customer is dissatisfied with the Service. The Notice of Dissatisfaction must clearly state the reason(s) for the Customer's dissatisfaction. An unsupported statement such as "I'm not happy," "I'm not satisfied," or "This is not what I wanted" is not sufficient reason for a Notice of Dissatisfaction. Instead, the Notice of Dissatisfaction must include specifically how the Company's work on the Customer's project did not meet the terms of the contract between the Customer and the Company. The Notice of Dissatisfaction must be received by the Company no later than thirty (30) calendar days after completion of the Service.

The "Payment Option" is the method of payment, whether Per Word or Per Hour, as defined in the following paragraph, that the Customer chooses on the Get Started Form when submitting a document to the Company to be edited. The Customer's choice of Payment Option will be made at the time the Customer submits the Get Started Form and will be the Customer's final decision on the Customer's choice of Payment Option, as well as the Customer's agreement to the prices, fees, reimbursement possibilities, payment terms and all other characteristics as described on the www.DLAEditors.com website for the chosen Payment Option.

For the purposes of this Agreement, the term "Per Word" means that the price will be calculated on a per-word basis, and the term "Per Hour" means that the price will be calculated on a per-hour basis.

The "Project Fee" is the total fee owed for a submission and will be either: (1) the total number of words multiplied by the per-word rate; or (2) the total number of hours worked on the Customer's project multiplied by the per-hour rate. The Project Fee may be reduced by discounts or coupons, and will be comprised of the Deposit and the Remainder Due, if any. Please be advised that the published rates are subject to change at any time. However, a change in the Per Word or Per Hour rate will not affect the Project Fee after the performance of services has begun on a specific editing project.

The "Remainder Due" is the Project Fee less the Deposit and/or credits applied to the Project Fee. The Remainder Due may be more or less than the Deposit, depending on any credits applied or any other modifications made to a project after it has been submitted to the Company but before the Company has finished the Company's editing, proofreading or other work on the project.

The Company's "Suppliers," collectively, are the Company's affiliates, licensors, third-party content or service providers, dealers and suppliers.

The Customer's Responsibility

By using this Service, the Customer accepts responsibility for all documents, materials, or information the Customer sends, communicates transmits or submits, or that the Customer authorizes a third party to send, communicate transmit or submit, to the Company. This material includes, but is not limited to, letters, emails, documents, presentations, or any electronic files of any kind.

Scope of Liability

The Customer agrees to assume full liability resulting from the Customer's publication, distribution, transmission, communication, disclosure, or redistribution related to any and all material the Customer sends, or authorizes a third party to send, via email, uploading, or any other method, to the Company, or from the use of such material by any person.

Responsibility Toward Local, State, and Federal Laws

The Customer warrants that by sending, communicating, transmitting or submitting any written work to the Company, the Customer is not in violation of any local, state, or federal laws (including Federal Copyright laws).

Indemnity Agreement

The Customer agrees to indemnify and hold harmless the Company against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any lawsuit, arbitration, dispute, or similar proceeding involving, but not limited to, a criminal violation of state or federal laws (including Federal Copyright laws), a civil claim for tort, contract and/or property damages, or an administrative proceeding which arises from the publication, distribution, transmission, communication, disclosure, or redistribution related to any material the Customer sends, communicates, transmits, or submits, or authorizes a third party to send, communicate, transmit or submit, via email, uploading, or any other method, to the Company. The Customer agrees to indemnify and hold harmless the Company against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from the Customer's violation of this Agreement.

Use of the Get Started Form

Unless otherwise agreed to IN WRITING, the Customer agrees to use the Get Started Form located at https://www.dlaeditors.com/get-started or on the service pages of the www.DLAEditors.com website, pursuant to the instructions provided with the form, for the communication, transmission or submission of any and all documents or other files related to the Service. The Customer agrees to use the Get Started Form as it is presented and according to its instructions.

Information Provided by the Customer

As part of this Get Started Form, the Customer agrees to provide all the following information: (1) the Customer's First Name, (2) the Customer's Last Name, (3) the Customer's Email Address, (4) the Customer's choice of Delivery Option and Due Date, (5) the Customer's Payment Option, either Per Word or Per Hour, and (6) any Comments/Additional Instructions the Customer may have regarding the Customer's submission.

The Customer's Choice of Email Address

The Customer agrees that the email address the Customer provides will be a valid email address that the Customer uses and checks regularly. This email address should be the designated email address which the Customer anticipates using for the sending and receiving of any and all emails to and from the Company. Examples of the types of emails that may be sent by the Company include, but are not limited to, the auto-confirmation of the Customer's submission, receipts for the Customer's payments, and the Company's notification to the Customer that the Service is completed, as well as other Communication regarding the Service.

Choice of Due Date and Payment of Deposit

The Customer acknowledges and agrees that it is the Customer's responsibility to select a reasonable and appropriate Due Date. The Customer agrees that the Customer's choice of Due Date will provide a reasonable amount of time for the Customer to review the Company's work before any deadlines the Client may have related to the project. The Customer acknowledges and agrees that the Customer's submission will not be considered complete until the Company receives the Deposit and that the Customer's submission must be complete before the Company starts any work on the Customer's project. The Customer acknowledges and agrees that the Due Date may be recalculated based on when the Company receives the Deposit and that, in such cases, the Company will notify the Customer of the recalculated Due Date in writing.

Choice of Payment Option

As defined above, unless otherwise agreed to in writing, the Customer's choice of Payment Option, whether Per Word or Per Hour, will be made at the time the Customer submits the Get Started Form and will be the Customer's final decision on the Customer's choice of Payment Option, as well as the Customer's agreement to the prices, fees, reimbursement possibilities, payment terms and all other characteristics as described on the www.DLAEditors.com website for the chosen Payment Option.

Comments and Additional Instructions

The Customer agrees also to provide on the Get Started Form any and all comments and additional instructions associated with the Customer's project in a clear, unambiguous manner. If the Customer's comments or additional instructions are vague, ambiguous or otherwise unclear, or if the Customer's comments or additional instructions do not clearly or sufficiently communicate the Customer's expectations for the Customer's project in the sole discretion of the Company, the Customer agrees to be bound by the Company's reasonable interpretation of the Customer's comments and additional instructions.

Acceptance of Terms

By completing the Get Started Form, the Customer accepts that the Customer has read and agrees to the Company's Terms and Conditions and Privacy Policy . According to the Privacy Policy, and also the Personal Information and Privacy section of this Agreement, any and all information and materials the Customer provides to the Company will be held strictly confidential to the best of the Company's ability.

When the Submission Becomes a Contract

The Customer's submission and the auto-response email to the Customer's submission, which will include all the information the Customer submit on the Get Started Form, as well as these Terms and the Customer's agreement with them, will be considered as a proposal only. This proposal will constitute an offer to enter a contractual relationship with the Company. In other words, the Customer's submission and the auto-response email to the Customer's submission, by themselves, are not a promise or guarantee on the part of the Company to engage in any work. The Customer's submission and the auto-response email will become a binding contract between the Customer and the Company for the work to be done by the Company only if, as and when the Company receives the Deposit. The Customer acknowledges and agrees that the Company will not start any work on the Customer's project until the Company has received the Deposit.

Modifications to the Contract

Completion of the Work

Acts of God

Neither the Customer nor the Company shall be liable for any failure to perform either party's obligations under the Contract for Services where such failure is as a result of an "Act of God" (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, Internet access, or telephone service.

Force Majeure

If either party asserts Force Majeure to excuse performance under the contract, the party asserting the excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimize delay or damages caused by foreseeable events.

First Notice of Dissatisfaction

The Company is committed to providing all clients affordable, high-quality proofreading and editing services. If for any reason the Customer is not satisfied with the work done by the Company, the Customer agrees, before seeking reimbursement, to contact the Company by email within thirty (30) calendar days of receiving the work with the Customer's Notice of Dissatisfaction.

The Cure Period and Free Second Edit

After providing the Company the Notice of Dissatisfaction, the Customer acknowledges and agrees to provide the Company, unless otherwise negotiated IN WRITING, with a Cure Period to provide the Customer with a Free Second Edit. This Free Second Edit will allow the Company to reasonably modify the Due Date in order to make the necessary changes.

The Customer's Responsibility

The Customer agrees to use the Customer's best efforts to communicate with, work with, and provide additional information, as needed, to the Company in order to make any necessary changes to the document in order to satisfy the Customer's initial expectation based on the instructions the Customer initially provided with the Customer's submission. The Customer is advised that it is the Customer's responsibility to provide adequate, clear instructions in order for the Company to fully perform work. In the event the Customer does not provide adequate, clear instructions, as detailed in the Submission Process, Payment and Deadlines section of these Terms, the Customer agrees to be bound by the Company's reasonable interpretation of the Customer's instructions.

Second Notice of Dissatisfaction and Request for a Refund

If after receiving the document revised by the Company with the Free Second Edit the Customer is still not satisfied, the Customer agrees to contact the Company by email within five (5) business days after receiving the document revised with the Free Second Edit with a second Notice of Dissatisfaction to explain the reasons for the Customer's continued dissatisfaction and to request a refund.

Conditions for a Refund

Limits of Satisfaction Guarantee

For purposes of this Agreement, the phrase "Satisfaction Guaranteed" implies a guarantee that is limited to ensuring high-quality proofreading and editing services. It does not imply a guarantee of any grades or marks, acceptance to a school or program, acceptance by an agent or publisher, an increase in sales, or any other material gain as a result of work done by the Company. For example, if the Customer hires the Company to edit or otherwise assist the Customer in writing a grant proposal, the Company does not guarantee the acceptance or success of that proposal, and therefore does not guarantee that the Customer would receive the grant requested by that proposal. In the event of litigation over the term "satisfaction," it is to be evaluated on an objective standard, in terms of what a reasonable person in the Customer's shoes would consider an objectively reasonable, satisfactory performance.

The Company's Right to Refuse to Edit a Document Suspected of Plagiarism

The Company respects and values original works of authorship. Accordingly, the Company reserves the right to refuse to proceed with the Company's work in the event the Company believes that the Customer's document has been plagiarized or that the Customer's document contains indicators suggesting that the Customer's document has been plagiarized.

If the Company refuses to proceed with the Company's work based on a reasonable belief that the Customer's document is plagiarized or that the Customer's document contains indicators suggesting that the Customer's document has been plagiarized, the Company will refund any amount paid by the Customer minus the hourly fees, if any, associated with the work performed before the Customer's document was determined to contain indicators of plagiarism. The Customer will not be charged an additional fee for the Company to analyze the Customer's document to assess whether it contains indicators of plagiarism.

Alternatively, the Company may choose, at the Company's sole option, to complete the revisions to the document in question and provide the Customer with a written notice of the Company's belief that the document is plagiarized. The Customer agrees to hold the Company harmless for the Customer's personal liability resulting from the use of plagiarized work in a document that the Company has received or edited, regardless of whether the Company has notified the client of any believe that the Customer's document contains indicators of plagiarism.

The Company's Right to Limit Services on a Document Suspected of Plagiarism

Under no circumstances will the Company attempt to write, ghostwrite, rewrite, or otherwise edit and/or revise a document to remove or mitigate the apparent signs and/or indicators that the Customer's document has been plagiarized.

Overview

All Content is © the Company. The Company is not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to this Service or for any claim, loss, or injury based on errors or omissions, interruptions, or any other inaccuracies appearing in the Content (including without limitation as a result of breach of any warranty or other term of this Agreement). The Customer's remedy for claims against the Company shall be limited to the amount the Customer has paid, if any, to the Company for the use of the Service. The Company provides the best possible service to the best of the Company's ability and does not guarantee that edited documents are "perfect" or "without error." Those who choose to access the Service do so on their own initiative and are responsible for compliance with local, state, and federal laws or regulations if and to the extent that local, state, and federal laws or regulations apply.

Scope of the Service and Limits of Expertise

The Company provides editing, proofreading, critique, and other document preparation services. As such, the Company does not presume or promise any particular expertise in the subject of the document the Customer submits to the Company for any of these services. The Company's proposed revisions to the Customer's document are to be considered as a recommendation only. For example, while the Company has experience editing and proofreading legal documents, the Company's editing or proofreading of a legal document does not constitute and is not intended to replace legal advice. In editing a legal document, the Company may make changes in word choice that may or may not have legal consequences. It would be the Customer's responsibility to consult with a lawyer regarding the legal consequences of those changes and to determine whether it is in the Customer's best interest to accept or reject the proposed revisions to the document.

Indemnity Agreement

The Customer agrees to indemnify and hold harmless the Company against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any lawsuit, arbitration, proceeding, dispute, or similar proceeding involving, but not limited to, a criminal violation of state or federal laws (including Federal Copyright laws), a civil claim for tort, contract and/or property damages, or an administrative proceeding which arises from the publication, distribution, transmission, or redistribution related to any material the Customer sends, or authorizes a third party to send, via email, uploading, or any other method, to the Company. The Customer agrees to indemnify and hold harmless the Company against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from the Customer's violation of this Agreement.

Overview

With the exception of the provisions detailed in the Satisfaction Guarantee and Reimbursement section of this Agreement, the Service and any Content accessible through the Service are provided "as-is" and, to the maximum extent permitted by applicable law, the Company and the Company's Suppliers disclaim all guarantees and warranties, whether express, implied or statutory, regarding the Service, Content, and related materials, including any warranty of fitness for a particular purpose, title, merchantability, and non-infringement.

The Customer's Rights

Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to if the Customer's primary address is located in one of these states. In that event, any implied warranties are limited in duration to thirty (30) calendar days from the date of purchase or delivery of the Service, as applicable. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to the Customer if the Customer's primary address is located in one of these states. This warranty gives the Customer specific legal rights, and the Customer may have other rights that vary from state to state.

The Customer's Responsibility

The Customer is solely responsible for ensuring that the Customer's use of this Service, or the Customer's access to or review of the Content, is in accordance with applicable law.

In the Event of a Dispute

In the event of any dispute between the Parties which arises under this Agreement, such dispute shall be settled by arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association (or similar organization) in effect at the time such arbitration is initiated, and subject further to the provisions of the Texas Arbitration Act, incorporated by reference. A list of arbitrators shall be presented to the Claimant and Respondent from which an arbitrator will be chosen using the applicable rules. The hearing shall be conducted in Houston, Texas unless both Parties consent to a different location. The decision of the arbitrator shall be final and binding upon all Parties.

Allocation of Costs

The arbitrator may, under his or her discretion, allocate all or part of the costs of arbitration to the prevailing party, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party.