Terms and Conditions

Last updated: February 25, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Country refers to: Pennsylvania, United States
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Bernard’s Editorial Services.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Service refers to the Website and services offered.
• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to Bernard’s Editorial Services, accessible from www.bernardseditorialservices.com
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Description of Services

Scope of Work

Bernard’s Editorial Services will provide Services to the work (“Manuscript”) of the Client as agreed upon by both parties. All editing will be done via tracked notes and marks on an electronic version of the Manuscript unless otherwise agreed in writing. The Editor shall use their background and experience in editing the Manuscript. The Editor’s sole function is to aid and assist the Client in editing the Manuscript. In this light, the Editor will make their best efforts to advise and suggest changes to improve the Manuscript. The decision to accept or reject the Editor’s suggestions is solely the Client’s. 

Phone or Zoom calls about the Manuscript and critique shall be limited to one hour or less. An additional fee of $50 per hour will be charged for discussions exceeding one hour.

Payment for Services

The Client will pay compensation to the Editor for the Services in the specified amount agreed upon by both parties. Payments will be made through Stripe’s payment processing services. Payment must be made in full before Editor will return any completed work. Further, the Client shall reimburse the Editor for any direct expenses incurred in fulfilling this Contract, including: photocopying, printouts, electronic data transfer, long-distance calls, parking, travel, couriers and postage. Any required expenses will be discussed beforehand.

Relationship of Parties

The Editor is an independent contractor with respect to the Client, and not an employee of the Client. The Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Editor.

Work Product Ownership

Any copyrightable works, ideas, or other information (collectively, the “Work Product”) developed in whole or in part by the Editor in connection with the Services shall be the exclusive property of the Client. Upon request, the Editor shall sign all documents necessary to confirm or perfect the exclusive ownership of the Client to the Work Product.

Confidentiality

The Editor will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Editor, or divulge, disclose, or communicate in any manner any information that is proprietary to the Client. The Editor will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Contract, unless express permission is given by the Client. 

Indemnification

Editing is intrinsically a subjective process of offering advice and suggestions to the Client. In addition to offering such advice and suggestions, the Editor’s responsibility is limited to notifying the Client of any unresolved differences with the Client before the work proceeds to the next stage of production. While the Editor will make every effort to bring questionable material to the attention of the Client, the Client agrees to indemnify and save harmless the Editor from any and all claims or demands, including legal fees, arising out of any alleged libel or copyright infringement committed by the Client in creating the work.

The Editor, while working to aid the Client in preparing the best manuscript possible given the submitted material, has no way of judging the market or the whims and caprices of the publishing industry.

Intellectual Property Rights

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or throughout the Services “AS IS” for Your personal, non-commercial use or internal business purpose only.

Your Use of Our Services

Subject to Your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access.

solely for Your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in Our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in Our Legal Terms, please address your request to: bernardseditorialservices@gmail.com. If we ever grant You the permission to post, reproduce, or publicly display any part of Our Services or Content, you must identify Us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to You in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of Our Legal Terms and Your right to use our Services will terminate immediately.

Contribution License

You agree that we may access, store, process, and use any information and personal data that You provide and Your choices (including settings).

By submitted suggestions or other feedback regarding the Services, You agree that We can use and share such feedback for any purpose without compensation to You.

We do not assert any ownership over your Contributions. You retain full ownership or all of your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions. We are not liable for any statements or representations in Your Contributions provided by You in any area on the Services. You are solely responsible for your Contributions to the Services and You expressly agree to exonerate Us from any and all responsibility and to refrain from any legal action against Us regarding your Contributions.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. If the dispute is not able to be resolved informally, the parties agree to settle the dispute by binding arbitration in the state of Pennsylvania or another location mutually agreeable to the parties.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: bernardseditorialservices@gmail.com