These Terms of Use (“Terms of Use”) constitute a binding agreement between WritingSense.com and Your use of the website and its services. By using the Site, you (“You” or “End User”) agree to these Terms of Use that WritingSense.com has provided. We request you to read these Terms of Use carefully. Please note that if you do not agree to these Terms of Use, you should not use the website.

Website Access

WritingSense.com hereby grants you permission to use the website in accordance with these Terms of Use, provided that:

  • You will not copy or distribute any part of the website in any medium without WritingSense.com’s prior written authorization
  • You will not alter or modify any part of the website other than as may be reasonably necessary to use the website for its intended purpose
  • You will otherwise comply with all of the defined Terms of Use and you agree not to collect or use any personally identifiable information (“Personal Information”) including without limitation account names, email addresses, or other User Submissions, from the website. Also, you agree not to use the communication systems provided by the website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the website.
  • You will not without the written consent of WritingSense.com copy, translate, modify, or make derivative works of the content of the Site or any part thereof. It is strictly prohibited to redistribute, sub-license, rent, publish, sell, assign, transfer, market or otherwise make the content of the Site available to third parties.

Modifications to the Website

WritingSense.com reserves the right at all times to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. WritingSense.com shall not be liable to you or to any of the third party for any change, deferral or discontinuance of the website. Your continued use of the Site following the posting of changes means that You have accepted and agreed to this changes.

Assignment

These Terms of Use, and any rights and licenses granted here-under, may not be assigned, transferred, delegated, and sub-licensed by you. But they may be assigned, transferred, delegated, and sub licensed by WritingSense.com without any restriction.

General

WritingSense.com reserves all rights to amend these Terms of Use at any time in its sole good sense and without prior notice, which shall take effect as soon as it is posted on the website. It will be the complete responsibility of all users to review these Terms of Use for any changes. Your use of the website following any amendment of these Terms of Use will signify your acceptance of its revised terms. You agree that any cause of action arising out of or anything related to the website must commence within one (1) week after the cause of action accrues. Otherwise, such cause of action is permanently expelled.

Translations

All translations are performed by qualified translators with a strong translation background and or the relevant industry-specific expertise who, after finalizing the initial translation, check their own work. An additional in-house inspection is made before delivery to ensure that all is in order i.e. that the translated material is complete with no omissions or additions of any sort. Translations do not include a review by an independent translator or 3rd party unless requested by the client.

All our translators are freelancers who are native speakers of their respective target languages. All have been subjected to a proficiency test that examines their fluency in their target (non-English) languages, their ability to transmit a message accurately from one language into another in a written format and their familiarity with the grammar, vocabulary and syntax of their target languages. All our translators understand our dedication to providing our clients with quality translations, meeting deadlines and holding all information confidential.

Revisions: Revisions or adjustments are free of charge, provided that they are minor, that they are requested within a reasonable time of the completed translations being submitted, that they do not reflect changes to the original scope of the assignment, and that they do not require an extensive rewrite simply to accommodate different preferences, stylistic or other.

Additions and major modifications: Any additions and/or major modifications to the source material will need to be agreed upon by WritingSense.com and may result in an addendum to the existing quotation or in a new quotation for the additional work requested.

Format of source material: The source material must be supplied in a readable, fully-editable format (as created in commonly-used Office applications). Should the source material be supplied in a format that is not ‘translation-ready’ or not directly exploitable, a fee may be charged for file conversion/preparation, text extraction and reformatting.

Format of deliverables: All translations are returned in a readable, editable format, fully and properly translated and spellchecked. It is understood that translation does not include typesetting, desktop publishing (DTP) or design work of any sort. The translators will respect the original layout and overall presentation shown in the source material to the best of their abilities but the translated material may not be delivered in a ready-to-print format.

Cancellations: Projects may be cancelled or deferred but WritingSense.com must be informed of such cancellations at least two (2) days in advance. Cancellations received after this deadline may be subject to a cancellation fee.

Payments: We will supply you with an invoice upon completion of a project or by no later than the 3rd day of the month following after the supply of services. All payments must be made within 14 days of the invoice being issued (14 days net) or unless agreed to otherwise by both parties.  It is the client’s responsibility to ensure that their bill is paid in a timely fashion and that they cover any additional fees related to the payment, including but not limited to Swift / Wire Fees, PayPal Fees, Credit Card Fees, intermediary bank fees, etc. All content and or translations remain the property of WritingSense.com until paid for in full.

Content of Translated Text

You hereby represent and warrant that the requested Content and Translation Services and your use of the Website and/or the Content and the Translated Text are for lawful purposes only. You also represent and warrant not to use the Website or all its services, to translate any Source Text that include but is not limited to defamatory, obscene, stolen, or other unlawful material (collectively “Unlawful Text”); and/or confidential, proprietary, trademarks or copyrighted information, belonging to a third party (collectively “Proprietary Information”), without the written authorization of the rightful owner of such Proprietary Information.

WritingSense.com assumes no liability or responsibility to the nature of the Content and the Translated Text forwarded to you by the Writer/Translator, its accuracy, its completeness, its compatibility to a certain purpose, its quality or any other property of it. In any event that you are not satisfied with the results of a service forwarded to you, you should E-mail us at – info@writingsense.com. In such cases, we will try to mediate between you and the relevant Content Writer and/or Translator, to see if he/she can provide you with any corrections to the Content and/or Translated Text. Any such process might take substantial time since we need to process it manually.

Limitations on Liability

WritingSense is an agency that facilitates services between the Client and contract freelancers. While every effort is made to ensure the highest quality of writing and translations services, WritingSense will not be liable for any errors or omissions in any content or translations supplied.

In the event that a client is not satisfied with any services provided, WritingSense must be provided in writing any concerns within 14 days of receiving the service and afforded a reasonable period of time to correct any errors and provides revisions. If you do not provide any such written notice, we will not be responsible for providing any revisions. Should the client choose not to afford WritingSense the opportunity to fix or amend any content or translations and utilize a third party, any costs incurred by the client will be for their account.

We are not liable to you for any:-

  • consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs and/or service interruptions);
  • economic and/or other similar losses; and/or
  • special damages and/or indirect losses.

We reserve the right and at our sole discretion to provide a discount or reimbursement on any services provided in the event that there were any errors or omissions, up to a maximum of and not exceeding the value related to the specific writing or translation service.

Nothing in this agreements is designed to exclude or limit any of your statutory rights which are not capable of exclusion or limitation due to you acting in a consumer capacity.

We shall not be liable to you for any delays in the provision of the services and for any other events to the extent that such events are due to things that are outside reasonable control including but not limited to emergencies, war, flood, fire, labor disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, prohibitive governmental regulations or actions and any other similar events.

You agree to indemnify and hold us and our subsidiaries, affiliates, officers and employees, harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred/suffered by us or our subsidiaries, affiliates, officers and employees arising from a breach of this agreement, the content you transmit to or through the Website, as well as your conduct on or arising from your use thereof.

Termination

WritingSense.com may, under certain circumstances and without prior notice, immediately terminate your WritingSense.com access to the website and any other WritingSense.com services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Use, other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) non-payment of any fees owed by you in connection with the website or any other WritingSense.com services.

Ability to accept Terms and Conditions

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

Copyright Policy

WritingSense.com reserves the right to terminate its agreement with You when you (repeatedly) infringe any copyrights of WritingSense.com and/or third parties. If you believe that a copyrighted work has been copied and posted via the Site in a way that constitutes copyright infringement, You shall inform WritingSense.com at info@writingsense.com.

Third Party Content

Under no circumstances WritingSense.com will be liable for any loss or damage caused by your reliance on information obtained through the Site. It’s your own responsibility to evaluate the accuracy, completeness, usefulness of any information, advice, or any other content available through WritingSense.com.

WritingSense.com contains links to third-party websites maintained by other content providers who have no relationship with WritingSense.com. These links are solely provided as a convenience to You and not as an endorsement by WritingSense.com of the contents on such third-party sites. WritingSense.com hereby expressly disclaims any responsibility and representation regarding the content and/or accuracy of materials on such third-party websites. If You decide to access these linked websites, You understand that you do so at your own risk.

Unless You have a written agreement with WritingSense.com expressly permitting You to do so, You shall not provide a hyperlink to the Site from any other website. WritingSense.com reserves the right to revoke its content to any link at any time in its sole discretion.

Warranty Disclaimer

The Site and Content are made accessible on an “as is” and “as available” basis. You expressly agree that the use of this Site and its Content is at your sole risk. Neither WritingSense.com, its affiliates, nor any of their respective employees, agents, merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents, warrant that use of the site or of any Content will be uninterrupted or will be error free; nor do they make any warranty as to:

  • the result that may be obtained from the use of the Site, or any Content and products of third parties;
  • the accuracy, reliability or content of any information, service or products provided through the Site.

Indemnification

You agree to defend, indemnify and hold WritingSense.com, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against WritingSense.com by any third party due to or arising out of or in connection with your use of the Site.

You are solely responsible for interactions with third parties and other users of the Site. To the extent permitted under applicable laws, You hereby release WritingSense.com from any and all claims or liability related to any product or service of a third party, any action or in-action by third party, including third party’s failure to comply with applicable law and/or failure to abide by the Terms of Use of WritingSense.com, and any conduct or speech, whether online or offline, of any other user.

Violation of Terms of Use

When violating these Terms of Use or other agreements or guidelines, You understand and agree that WritingSense.com may, at its sole discretion and without prior notice, terminate your access to the Site and/or block any services offered to You through the Site. You also understand that any violations of these Terms of Use will cause harm to WritingSense.com and that You will be held responsible for this damage.

WritingSense.com reserves all rights to disclose any information we have about You, not limited to your identity, if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site. WritingSense.com reserves the right at all times to disclose any information that WritingSense.com finds necessary to comply with any applicable law, regulation, legal process or any governmental request.

If WritingSense.com takes any legal action against You as a result of your violation of these Terms of Use, You agree that WritingSense.com is entitled to recover from You all paid attorney fees and all additional costs of such action. You agree that WritingSense.com will not be liable to You or to any third party for termination of your access to the Site and its services, as a result of any violation at your side of these Terms of Use.

Miscellaneous

These Terms of Use, Privacy Policy and any other policies and/or operating rules from WritingSense.com, constitute the entire agreement of You with WritingSense.com. If any provisions of these Terms of Use is held invalid by a court or any other competent jurisdiction, such invalidity shall not affect the enforceability of any provisions set out in the Terms of Use. The remaining provisions of this document shall continue in full force and effect. The failure and/or decision to exercise any of the rights under this Terms of Use shall not be deemed a waiver of such rights. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third party.

Latest Update: 19 July 2017