Terms and Conditions

The client is responsible for:

• making payment of all invoices within 14 days of receipt or according to payment terms agreed upon in a written agreement signed by both parties;

• ensuring all provided details, instructions and requirements, including contact information, are complete and correct;

• disclosing if any of the any content included in the work or files provided is

  • offensive or objectionable (such as content promoting illegal activities, supporting racism or sexism, glorifying excessive violence, or containing sexually explicit content)

  • plagiarised, and/or

  • AI-generated;

• accepting, rejecting or implementing any changes or comments from Kyla Jo Magin in the completed work (regardless of who accepts or rejects those changes in the tracked edit).

Kyla Jo Magin is responsible for:

• completing, to the best of her ability, quality services as agreed to in a written agreement signed by both parties;

• keeping all client information and all documents provided strictly confidential until such information is published;

• fixing any introduced errors identified after the work or files are returned, free of charge, as long as this work falls within the scope of the original job;

• taking reasonable steps to protect the client's work from contact with generative AI (more information below); and

• abiding by the Code of Ethics of the Institute of Professional Editors Limited (IPEd) and the IPEd standards for editing practice.

Right to refuse work

Kyla Jo Magin reserves the right to refuse to accept any work for any reason. This must happen before both parties sign the written agreement.

Kyla Jo Magin reserves the right to refuse to complete agreeed-upon work on content that she:

• finds offensive or objectionable (such as content promoting illegal activities, supporting racism or sexism, glorifying excessive violence, or containing sexually explicit content);

• suspects to be plagiarised; and/or

• suspects to be generated by AI.

In some situations, Kyla Jo Magin will accept to work on such content, but prior disclosure is essential. If the client does not disclose such content prior to both parties signing the written agreement, Kyla Jo Magin is not required to offer a refund on any refused content, but she may choose to do so.

Artificial intelligence

The client agrees to disclose if any AI-generated content is included in the work or files provided. Empathy Editing reserves the right to refuse to complete any work on content that she reasonably determines is AI generated. This clause does not apply to incidental similarities or isolated sentences that resemble AI patterns.

Empathy Editing will not use generative AI features to assess, improve or develop new content for the work undergoing her services.

Empathy Editing will also take reasonable steps to prevent any part of the client’s work or content to be accessed by generative AI models outside standard industry tools such as those embedded in Microsoft Office, Adobe, Canva Group, Serif, Grammarly, PerfectIt, ProWritingAid and Draftsmith.

Indemnification and limitation of liability

While Empathy Editing will make every effort to bring legally questionable material to the attention of the client, the client agrees to fully indemnify and hold Empathy Editing harmless from:

• any inaccurate or misleading statements, representations or information contained in final work;

• any violation, including infringement of any intellectual property, copyright, defamation or other right of any person in the final work; and

• any claim or demand, including reasonable fees and costs for the service of a lawyer, or as may be made by any third party due to or arising from content in the final work.

The client agrees that Kyla Jo Magin is not required to purchase professional indemnity insurance.

Empathy Editing is also not liable for any damages that arise from the use of any of her services or advice, including those that are incidental, indirect, consequential, special, punitive, exemplary (including lost revenues or profits, loss of business or loss of data), and/or any claim, loss or injury based on errors, omission, interruptions or any other inaccuracies (including, without limitation, as a result of any breach of warranty or other term of this agreement).

A client’s remedy to any dispute or claim shall be limited to the amount paid to Empathy Editing for services, provided that proof of any such claim is demonstrated.

Contract termination, refunds and replacement policy

Either party may terminate a service agreement by giving the other 7 days’ notice in writing. No further sums, beyond payment for work already completed, will be payable from the date of termination. On termination of this agreement, all property furnished, including any original photographs, notes, diaries and manuscripts, will be returned within 14 days.

If Empathy Editing terminates an agreement, she will provide a refund of monies paid equal to uncompleted work. If the client terminates an agreement, Empathy editing may choose to provide a refund of monies paid equal to uncompleted work. There will be no refunds for work already done.

The client may replace a document to be edited with another (if an incorrect file was provided in error). However, if Empathy Editing has completed any work on the initially provided document and/or the new document has more content than included in scope, an additional payment may be required.

Website

Empathy Editing cannot be held liable for any loss or damages arising from omissions or inaccuracies in the information available on this website or that is linked to from this website. While every effort is made to ensure this website and its information is complete and correct, Empathy Editing cannot guarantee its accuracy.

Complaints and governing law

The client agrees to contact Empathy Editing to try to find a satisfactory solution for any dispute arising from or in relation to Empathy Editing's services and/or these Terms and Conditions before pursuing litigation or arbitration. This should be done in writing to kylajo[at]empathyediting.com.au.

Empathy Editing's services and website are governed by and interpreted according to the laws of Australia, Queensland. Any litigation or arbitration must be done through the courts of Australia, Queensland.

Updates

Empathy Editing may modify or revise these Terms and Conditions at any time. Updates can be found on this website.