TERMS OF SERVICE
Confidentiality and the Protection of the Client’s Intellectual Property
Quality of Service and Limitations of Liability
In completing the Client’s project EME will enlist the work of highly qualified editors, proofreaders, coaches, writers, indexers, transcribers, designers, and/or instructors to render professional services. The qualifications of these professionals have been carefully established by EME, and EME will hold these independent contractors to the highest standards, with the aim of providing high-quality services to the Client. Nonetheless, EME cannot guarantee that documents and services will meet all of the Client’s subjective expectations, or that documents and services will be entirely error free. In part, this limitation is due to the fact that EME must rely on the Client to provide complete and accurate information about his or her specific needs; in part, this limitation is due to the subjectivity involved in assessing the quality of the documents and services; in part, this limitation is due to the need for the Client to review all materials returned to him or her by EME in order to ensure that they meet his or her needs in every way; and in part, this limitation is due to the possibility of technical or human error. Insofar as EME places the Client’s satisfaction as its highest priority, EME urges the Client to inform EME immediately of any document or service that fails to meet the Client’s needs or expectations; EME will work quickly and diligently to rectify the problem to the extent possible, rendering to the Client documents and/or services that meet his or her needs and expectations. At no time, however, is EME obligated to issue a monetary refund, nor are EME or its independent contractors, individually or collectively, liable for damages in connection with any defect, perceived or real, in the services rendered. In accepting these Terms of Service, the Client agrees that he or she understands these limitations and, further, agrees that he or she will not seek damages against EME or its independent contractor(s) for any perceived or real defect in the documents provided or services rendered, or for any consequences of such a defect.
In creating documents for the Client, EME guarantees that its independent contractors will not plagiarize materials or infringe on copyrights at any time. In the event that the Client submits documents already containing plagiarized material or material that infringes on the copyrights held by others, EME accepts no responsibility for these infringements, nor can it guarantee that it will be able to identify all plagiarism and copyright infringements within the documents. Should plagiarism or copyright infringement come to the attention of EME or its independent contractor(s) in the course of their work, all work on the project will be suspended until the matter can be rectified by the Client. In such a case, EME will inform the Client of the problem. Once the Client has rectified the problem, the revised document—free of plagiarism and copyright infringement—may be returned by the Client to EME and work on the project will be resumed; EME will not be held responsible for the original deadline, nor will the Client be entitled to any refund. In accepting a project, EME in no way accepts responsibility for or represents its agreement with the ideas or perspectives represented in the documents, nor does it guarantee the accuracy of their content. The responsibility of EME and its independent contractor(s) is limited to the specific professional services it has been contracted to perform, and its liabilities with regard to this responsibility are limited as noted herein.
EME is proud of the highly qualified professionals who provide top-quality services to its academic clients. Through editing, formatting, indexing, transcribing, coaching, design, and instructional services, EME seeks to support clients in their own honest academic work. At no time will members of the EME team conduct research or writing for academic clients to submit as their own work. If a member of the EME team encounters plagiarism in the academic documents presented by the Client, the plagiarism will be brought to the Client’s attention and EME work on the project will be suspended while the Client addresses the problem. Once the plagiarism has been removed, EME work on the project will resume. In such a case, EME will not be held to the original deadline nor will the client be entitled to any refund. EME team members endeavor to assist academic clients in producing high-quality texts of which they can rightfully be proud.
Payment and Completion of Services
Payment for all EME services is due at the time the project is undertaken. At the Client’s request, installment payments may be arranged, but full payment for all services must be made before services are completed. In the case of proofreading and editing projects, editors and proofreaders work in phases, usually passing through the document multiple times with different objectives for each pass. As a result, it is not possible to return partially edited documents to the Client, as no part of the edit is completed until the final pass. In the case of coaching projects, the payment entitles the Client to live coaching for an agreed-upon number of hours to be carried out over a pre-determined period of time; unlimited e-mail contact with the coach is included throughout the term of the coaching package. In the event that the full number of hours of live contact is not used up by the end of the agreed-upon term, no refund is due to the Client; in the event that the agreed-upon number of hours of live contact is used up before the term has expired, the Client will still be entitled to unlimited e-mail contact until the six-month period expires, but will need to purchase additional coaching hours if s/he wishes to have further live coaching sessions. Coaching projects and writing classes do not include any editing of documents, although editing projects may be combined with coaching projects and/or writing classes.
Refusal and Termination of Services
EME reserves the right to refuse service to any client at any time and for any reason. Such refusal may include, but is not limited to, projects involving materials that EME determines to be violent, obscene, or offensive, to advocate violent or illegal activity, or to contravene any law, statute, or ordinance. Should the Client act in a manner that EME determines to be threatening, violent, disruptive, or offensive toward a contractor, an administrator, or—in the case of online classes and blog posts—another client, EME reserves the right to terminate the service then in progress prior to its completion. In such a case, EME will be under no obligation to provide a monetary refund to the Client. If it determines that a refund is warranted, EME will prorate the refund in light of the services already performed, and will deduct from it any costs that have been incurred in processing the project to the point of termination.
Use of the EME Website
EME grants to the Client limited license to use the EME website, but not to download or modify it. The Client is not authorized to duplicate or distribute the EME website in whole or in part, nor is he or she authorized to use it for any commercial purposes. While every effort is made to keep the EME website accurate and current, EME assumes no liability for any inaccuracies in its website nor for any damages that may result from the use of information posted on its website.
The Client agrees to indemnify and hold EME and its independent contractors harmless from any claim as may arise from any third party as a result of the Client’s use of the EME website, the documents or services EME and its contractors have provided, any infringement of the intellectual property of any person or entity on the part of the Client, any problems arising from technical difficulties (including, but not limited to the transmission of computer viruses and the interruption of services), any fraudulent use of a credit card or other payment method used to purchase EME’s services, or any violation of these Terms of Service on the part of the Client.