Client Terms of Service

Overview

These terms of service apply to each service undertaken by Sophie Bigum, ABN [???], between Sophie Bigum (hereinafter referred to as “Ms Bigum”) and each entity that engages the Ms Bigum to perform services (hereinafter referred to as the “Customer”). These terms of service come into effect once the Customer pays the first invoice issued to the Customer by Ms Bigum.

 Collectively, Ms Bigum and the Customer are referred to as “Parties.” The Parties agree to the following recitals:

 Whereas, the Ms Bigum is in full legal capacity operating a business specializing in the field of Creative Writing and proofreading;
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 Whereas, the Ms Bigum affirms that she has the required experience and ability to provide the Customer with the Services;

 Whereas, Ms Bigum agrees to be so engaged and to provide the Customer the Services, all subject to the terms and conditions contained herein;

 WHEREAS, the parties desire to express in writing their mutual understanding and agreements with respect to this engagement; and,

 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the parties hereto, intending to be legally bound, do hereby agree as follows:

I. GENERAL ACQUIESCENCE

The Customer hereby concurs, agrees and acquiesces to the provisions of these Terms of Service. In case Ms Bigum undertakes a revised version of the TOS, the Customer furthermore agrees to visit the Ms Bigum’s website from time to time and undertake a due diligence review in order to be apprised of these revisions.

II. SCOPE OF WORK

The following is a preliminary scope of work and is subject to change once the agency establishes a full Customer Scope Document.  The Agency is being recruited to assist in the following: the editing of written works; proofreading of written works, and/or; structured feedback on written works in the form of a readers report. Specific timeframes of deliverables will be provided to the Customer but are subject to change in the occurrence of unforeseeable events or circumstances beyond Ms Bigum’s control.

 The Customer may avail from the Ms Bigum for consultation on the nature, timing and extent of these services either via email, over the telephone or Zoom.

III. FEES

For undertaking the engagement and for other good and valuable consideration, including but not limited to, the substantial benefit the Customer will derive from Ms Bigum’s services, the Customer agrees to compensate Ms Bigum a professional fee in the following manner:
‍ upon commencement, as specified on the invoice issued by Ms Bigum to the Customer after purchase, and; after initial consultation, in the case that a quote for a piece totaling more than 15,000 words is given by Ms Bigum.

All prices quoted are in AUD.

 Late payments or failure of payments will result in immediate cessation of all work carried out by Ms Bigum. All work remains the sole right of Ms Bigum until payment is made.

IV. REFUND/ CANCELLATION STIPULATION

Any payments made before before commencement of work (which will take place after confirmation from the Customer to Ms Bigum of the service(s) they have requested) can be refunded and re-assessed. Any payments made after the commencement of work shall be non-refundable and non-assessable.

V. PAYMENT SCHEME

The Customer agrees to settle the Agency’s professional fee in Australian Dollars either through Ms Bigum’s merchant account or a Bank Transfer.

VI. NON-DISCLOSURE

Both parties mutually agree that certain confidential information may be exchanged during the course of this engagement. To ensure the protection of such information and in consideration of the agreement to exchange said information, the parties agree not to disclose the following



a. Technical materials, models and relevant technical articles, technical reports owned by either party;



b. Sales materials, including but not limited to all quality management methods, pricing methods, sales methods and customers’ materials;



c. All the intellectual property rights (including those exclusively owned by either party, whether owned now or developed in the future); and,



d. Any other information that either party claims as confidential.

The Client agrees that the Agency may, from time to time, share testimonials and results achieved as a result of service provided for marketing purposes. The Client can request that personal and brand information be omitted from case studies and testimonials.

VII. MISCELLANEOUS

Non transferability: The rights and obligations under this Agreement are personal to the Customer. The Customer may not assign or transfer any rights or obligations under this Agreement.

Indemnification: The Customer will, at their own expense, defend, indemnify, and hold the Consultant, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of these Terms of Service.

Integration: These Terms of Service along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between the Customer and Consultant concerning the Program.‍

This Agreement does not constitute an employer-employee relationship.

This Agreement is bound by the laws of Queensland, Australia.