Terms of Business
1. These terms & conditions apply to any work done for the Client by 3od.
2. 3od will provide service(s) as mutually agreed, confirmed in writing by the Client.
3. 3od is self-employed and will not claim benefits granted to the Client's employees.
4. The work will be carried out unsupervised at such times and places as determined by 3od, using their own equipment.
5. The Client confirms that the source material does not breach copyright or other laws. 3od bears no responsibility for plagiarism, intellectual property breaches or other infringements in the source material that, due to the nature of the work, appear in the completed work.
6. Neither 3od nor the Client shall be liable to the other or any Third Party for consequences which are the result of circumstances wholly beyond the control of either Party. 3od makes no guarantees regarding issues which include but are not limited to marks for student work or journal acceptance for academic papers.
7. The Client confirms that any Third Party that will receive the work, including but not limited to universities and academic journals, allows use of 3od's services. 3od bears no responsibility for breach of regulations the Client's work is subject to.
8. Editorial services are limited to proofreading/copy-editing. No substantive changes will be made with regard to the scientific content of the source material.
9. Any content created by 3od as part of the work process will become the copyright of the Client upon receipt of full payment by 3od, unless otherwise agreed.
10. The Client will pay 3od a fee per hour OR per printed page OR an agreed flat fee for the job, plus VAT where applicable.
11. Estimates are for information only. 3od will give a full quotation only after seeing or hearing all the source material and having received clear and complete instructions in writing from the Client. Acceptance of a quotation constitutes a binding contract.
12. If, however, on receipt of the item to be worked on or at an early stage, it becomes apparent that significantly more work is required than had been anticipated in the preliminary discussion/brief, 3od may renegotiate the fee and/or the deadline.
13. Similarly, if, during the term of 3od's work, additional tasks are requested by the Client, 3od may renegotiate the fee and/or the deadline.
14. The Client will reimburse 3od for agreed reasonable expenses over and above usual expenses incurred in the process of the work.
15. If the project is lengthy, 3od may invoice periodically for completed stages.
16. The nature and content of the work will be kept confidential and not made known to anyone other than the Client and their contractors without prior written permission. Notwithstanding the above, the Parties agree that a Third Party may be consulted over specific terminology queries.
17. The Client agrees to respond to any queries by 3od within three working days of the query being raised. The Client accepts that any delays arising from their failure to respond to queries within a reasonable time may delay delivery of the work.
18. 3od guarantees that any work that they subcontract on behalf of the Client will be completed to the same standard, schedule and budget and with the same conditions of confidentiality.
19. If 3od's work is deemed unsatisfactory, 3od will rectify it in their own time and at their own expense. The Client must notify 3od of any alleged defects in writing within 14 calendar days of receipt of the work.
20. Where the Client is an intermediary for a Third-Party work provider, the Client is responsible for reviewing 3od's work and notify them of any amendments required as per clause 21. 3od carries no further liability towards the Third Party work provider.
21. Where in the course of business the Client is an intermediary and introduces 3od to a Third Party work-provider, 3od shall not knowingly, for a period of 6 months from return of the last work arising from the introduction, approach the said Third Party for the purpose of soliciting work, nor work for the Third Party in any capacity involving translation or editorial work, without the Client's written consent. The above restrictions shall not apply where: the Third Party work-provider has had previous dealings with 3od, or 3od acts on the basis of information in the public domain, or the approach from the Third Party is independent of the relationship with the intermediary, or the approach to the Third Party arises as the result of broad-band advertising, or the Third Party is seeking suppliers on the open market, or the intermediary only makes isolated use of 3od's services.
22. Should the Client cancel the work after acceptance of 3od's quotation, the Client must pay the agreed fee for the part of the work that has already been completed.
23. The completed work will be delivered on or before the date agreed, for the agreed fee, which will be based on the description of the work required and the brief, both supplied by the Client.
24. Unless agreed otherwise at the outset, payment will be made within 30 days of receipt of 3od's invoice, according to the Late Payment of Commercial Debts (Interest) Act 1998 (amended 2002 and 2013).
25. Under the terms of the Data Protection Act 1998, the Client and 3od may keep on record such information (e.g. contact details) as is necessary. Either may view the other's records to ensure that they are relevant, correct and up to date.
26. This agreement shall come into effect either (1) when the Client signs these Terms of Business; or (2) when the Client commences delivery of the source material; or (3) when 3od provides any services under the agreement, whichever is the earlier.
27. Either the Client or 3od has the right to terminate a contract for services if there is a serious breach of its terms.
28. This agreement is subject to the Scots law, and both 3od and Client agree to submit to the jurisdiction of the Scots courts.