Terms and Conditions

Kyla Jo Magin is a professional provider of editing, consultation and design services. In this document both Empathy Editing and Kyla Jo Magin refer to the same entity.

By engaging the services of Kyla Jo Magin, you agree to the following Terms and Conditions. By accessing this website, you also agree to the Terms and Conditions in the sections titled Website, Complaints and Updates.

The client is responsible for:

  • making payment of all invoices within 7 days of receipt or according to payment terms agreed upon in a written agreement signed by both parties;

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

  • complying with employer, institution or university policies and guidelines (where applicable) and local laws;

  • accepting, rejecting or implementing any changes or comments from Kyla Jo Magin in the completed work; and

  • all aspects of documents, including the content, quality, presentation, final use and submission and/or publication.

Kyla Jo Magin:

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

  • will keep all client information and all documents provided strictly confidential;

  • will sign a specific non-disclosure agreement for clients upon request;

  • cannot be held liable for any problems or issues arising with a completed service that have arisen from the client not clearly communicating the requirements;

  • does not guarantee that any completed work will be 100% free of errors but will correct any identified errors free of charge as long as this work falls within the scope of the original job;

  • does not guarantee that any completed work will achieve improved or passing grades, be accepted by the institution or university to which it is submitted or be accepted for publication;

  • cannot be held liable for any problems or issues arising from file corruptions or bugs in any document supplied by the client, including those that enter the document during or after editing, as these are outside of Kyla Jo Magin’s control but will attempt to fix any problems or issues to the best of her ability;

  • cannot be held liable for any problems or issues arising from viruses contained in any document supplied by the client;

  • will only provide a refund equal to uncompleted work if Kyla Jo Magin cancels or rejects the job or is unable to complete the job; and

  • reserves the right to refuse to accept any work that she:

    • finds offensive or objectionable;

    • suspects to be plagiarised; and/or

    • considers cannot be completed before the requested deadline.

Indemnification and limitation of liability

The client agrees to fully indemnify and hold Kyla Jo Magin harmless from:

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

  • any inconsistencies in the quality, content, completeness, suitability, adequacy, sequence and accuracy of the work completed;

  • 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 the use of Kyla Jo Magin’s service; and

  • any violation by the client, including infringement of any intellectual property, copyright or other right of any person.

Kyla Jo Magin is not liable for any damages that arise from the use of her service, 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 Kyla Jo Magin for services, provided that proof of any such claim is demonstrated.

Cancellation and Replacement Policy

The client cannot cancel a job once it has been processed by Kyla Jo Magin and confirmation of the acceptance of this job has been provided.

The client may replace a document to be edited with another (if an incorrect file was provided in error). However, if Kyla Jo Magin has completed any work on the initially provided document, an additional payment may be required.

Contract Termination

Kyla Jo Magin reserves the right to cancel a job at any time for any reason.

Website

Kyla Jo Magin 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, Kyla Jo Magin cannot guarantee its accuracy.

Complaints

The client agrees to contact Kyla Jo Magin to try to find a satisfactory solution for any dispute arising from or in relation to Kyla Jo Magin’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.

Updates

Kyla Jo Magin may modify or revise these Terms and Conditions at any time. Updates can be found on this website.

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