Thank you for ordering editing services from Melissa Alvarez at MelissaA.com. Please read and understand this agreement in its entirety then upload the correct version of your manuscript prior to clicking submit. If you do not agree to all parts of this agreement, then I will be unable to work with you on your project.
This Agreement (“Agreement” and “Editorial Agreement”) is entered into on the effective date entered above (“Effective Date”), by and between Melissa Alvarez at MelissaA.com (“Melissa Alvarez,” "my" and “I”), and the client’s name entered above (“Client”, “Author”, “client/author” and “you”) (each a “party,” collectively the “parties” or “us”) in regards to the project detailed in this Editorial Agreement form.
The effective date/time, project name, the scope of your project, and deadline are included in the upper portion of this Editorial Agreement form. The total fee due is calculated in the order section of the product page where you add it to the cart and check out. PayPal fees are billed separately. You should order and pay only after reading, understanding, agreeing to and submitting this Editorial Agreement form. Turnaround times are listed on each product page within the website. Expedited services will incur additional fees which are billed separately.
Editorial Agreement Legalities: The following section of this Editorial Agreement contains specific legalities involving the services and is standard for all projects. Absolutely no amendments proposed by clients in regards to the content of this section will be considered or accepted.
1. Services. Melissa Alvarez provides editorial services including beta reading, proofreading, and editorial services (“Services”) at her website MelissaA.com (“Website”). Editorial services are provided on a per manuscript/document basis (each manuscript/document is considered a “Project”) and all relevant details of the Project are provided by the author of the Project in the above input sections of this Editorial Agreement form.
2. Fees. Fees for the Services are calculated on the individual product pages of the Website and are based on word count or are a set fee. Services can be purchased by the Client after submitting this Editorial Agreement. Each product page details all the individual services offered within each product package.
3. Refunds. If you request a refund before I have started working on your project, I will refund it in full. However, all of the services I provide are time-intensive and I cannot offer any full or partial refunds after I begin work on your project. I will not negotiate with you regarding this policy.
4. Right to Refuse Service. If I do not feel that your manuscript is a good fit for me, I reserve the right to decline the chance to work on your project and will refund all fees paid when you ordered. It is rare that this happens, but it has on occasion due to the subject matter.
5. Scope of Services. Melissa Alvarez does not provide any type of publishing services including submitting the project to or contacting publishing houses or literary agents on your behalf. Offers of payment to connect you with publishers or agents will not be accepted.
6. Editor. Melissa Alvarez is the sole editor on all projects submitted through the website at MelissaA.com. No one else will ever see your material.
7. Confidentiality. Melissa Alvarez will not use or disclose your confidential information other than as required to perform the Services under this Agreement or as required by law. I will never sell, trade, or rent your contact information or any other aspect of your confidential information. You also agree not to use or disclose any of my confidential information without my written permission or as required by law. For the purposes of this Agreement, confidential information includes your submissions to Melissa Alvarez through MelissaA.com, your name and contact information, and all other information that either of us provides written notice to the other is confidential.
8. Communications. It is the responsibility of the author to respond promptly to emails, calls or texts from Melissa Alvarez. If the author disappears, or doesn’t respond in a timely manner, then this is considered a breach of this Editorial Agreement by the client/author. A timely manner is responding within 24 hours of the call, text, or email. If you’re going to be out of town or unavailable for any reason, please let me know beforehand. If I have questions and you do not respond, I will stop work on your project until I hear back from you. This can cause delays and missed deadlines so quick communication is essential.
9. Word Count: Most services offered by Melissa Alvarez are priced by word count or a set fee. The total word count of the manuscript is calculated using Microsoft Word’s Word Count tool. Upon receipt of your material, your document’s word count will be checked against the word count you entered in the form when submitting. If your word count is more than the number entered on the form you will receive an invoice for the difference, which must be paid prior to Melissa Alvarez beginning work on the project. If your word count is less than what was entered you will receive a refund for the difference.
10. Manuscript Formatting. The manuscript you upload to the website should be formatted in the following manner: double-spaced, Times New Roman 12-point font, standard 1” margins. Internal images should be embedded within the manuscript as jpeg files.
11. Manuscript Submission. I start the editing process as soon as I receive your file. Therefore, it is imperative that the file you submit is the final version of the manuscript that you do not plan to make any additional changes too. It is the client/author’s responsibility to upload the correct version of the manuscript you want me to read or edit. Resubmissions of revised material will not be accepted. Be careful when selecting the file. Melissa Alvarez is not responsible for any delays or missed deadlines that result from the client uploading the wrong file when ordering editing services. Delays caused by authors uploading the wrong file do not constitute a breach of this Editorial Agreement.
12. Return of Edited Files. Your edited project will be sent back to you using both email addresses you submitted on this form with both a delivery receipt and a read receipt request. I will also text the phone number you included on this form to let you know I’ve sent the documents. You will receive two files. One with tracked changes turned on so you can see all of the changes made and another with all track changes accepted. Upon receipt of the edited files you are required to respond via email (not texting) within 7 days to let me know that you received the documents. Once this email from you is received by Melissa Alvarez, I will respond acknowledging your email and will delete all files related to the project from my computer. If you do not respond within 14 days, and I have received a delivery receipt confirming delivery, I will delete the files from my computer without receiving your response.
13. Follow-Up Questions. After Melissa Alvarez returns the edited project to you, you may follow-up with any questions or comments, within reason, about the edits via email at no additional cost. However, a second round of edits will not be done. Should you wish to have me go through the manuscript a second time after you have completed your revisions, I offer a Second Round Edit at 25% off of the standard rate for the Comprehensive Editing Package.
14. Document Retention. I only retain edited documents for 14 days to ensure you have received them. After this time frame, all documents I have edited will be deleted from my computer and I will be unable to send the work to you again because I will no longer have it. For this reason I strongly recommend that you back up the edited files in a minimum of three different places so that you can access them if one of your systems crashes and loses data.
15. Second Round Revisions. Upon conclusion of the original Service, if you revise the manuscript and want additional feedback, I offer a Second Round Editing package at 25% off the standard rate. This package can only be purchased if you have ordered the Comprehensive Editing Package from me and this rate is only applicable to the same title that I previously edited. To order, simply choose the package, complete a new Editorial Agreement form, upload the revised manuscript and then purchase the package.
16. Payment. All fees are required to be paid in full when you order the service through the website.
17. Intellectual Property. You will retain full ownership of the materials (including manuscripts and images) that you submitted to Melissa Alvarez for editing. This Agreement does not provide you or Melissa Alvarez any licensing rights or other intellectual property rights of any kind, or to any work products or ideas that the other party has generated, except as otherwise specifically addressed herein.
18. Ownership Rights. The intellectual property generated by Melissa Alvarez including the editorial corrections, comments, notes, overviews, and any other work product as part of the service are deemed “works for hire” according to Title 17 of the United States Copyright Code. All text and information created by Melissa Alvarez under this Agreement are deemed your confidential information and your exclusive property.
19. No Guarantee. Melissa Alvarez cannot and does not represent or guarantee in any way that you will publish your book, attain a literary agent, make sales, achieve monetary or commercial gain, or achieve any other objectives as a result of using her Services.
20. No Warranty. Melissa Alvarez does not make and expressly disclaims any express or implied warranties, including, but not limited to, merchantability, suitability, completeness, or results to be derived from the work. All services are provided and delivered on an “as-is” basis.
21. Limitation of Liability. In no event shall either party be liable for any damages whatsoever, except with respect to either party's gross negligence or willful misconduct. The total liability of either party under this agreement for any claim shall not exceed the total amount of fees actually paid by you to Melissa Alvarez under this editorial agreement.
22. Indemnification. Each party agrees to indemnify, defend and hold harmless the other party from any and all claims, actions, damages, and liabilities including reasonable attorneys’ fees, costs, and expenses arising through the other party’s willful misconduct or gross negligence or out of any claim that any portion of the materials or deliverables infringes upon or violates any proprietary rights of any third party, including but not limited to trade secret rights, copyrights, patents; or from a breach or alleged breach of any of term of this editorial agreement.
23. Client Representations. By entering into this Agreement and submitting material for Services, you represent and warrant that you have the exclusive and absolute authority to enter into this Agreement and submit the material and your doing so does not violate or infringe upon the rights of any third party. You further represent and warrant that you alone have written, created, and exclusively own the manuscript or document, and that your submissions to Melissa Alvarez, along with your subsequent use of them, do not violate the rights of any third party.
24. Third Party Claims. As the Client represents that they are not violating the right of any third parties, should any third party claims arise regarding the material, it will be the sole responsibility of the Client to handle such claims. Melissa Alvarez, acting as an editor and independent contractor, has no authority in regards to third party claims arising against the Client and will not be involved in any way regarding such claims.
25. Independent Contractor. Melissa Alvarez is an independent contractor that you have hired for editing services. Nothing in this Agreement is intended to create any other relationship between the parties, including but not limited to: employer-employee, co-authors, partners, agents, or joint venturers.
26. Assignment. Neither party may transfer any rights or obligations under this Agreement without the other party’s prior written consent. This Agreement shall be binding on any permitted successors and assigns.
27. Force Majeure. “Force majeure” means “unforeseen circumstance.” If a “force majeure” such as acts of terrorism, acts of God, war, severe illness, invasion, natural disaster, floods, fires, hurricanes, tornados, labor disputes, explosions, and acts of government or governmental agencies, or any other unforeseen circumstance occurs, neither party will be considered to have breached this Agreement, to the extent that the failure to comply was caused by the force majeure.
28. Numbers and Headings. The numbers, headings and bolded words in this Agreement are for convenience and reference only and must not be used to interpret or construe this Agreement.
29. Modification and Waiver. Each and every modification, waiver, addition or amendment related to or intended to be made a part of this Agreement must be in writing and signed by each party in order to be valid and enforceable. Any such purported modification, waiver, addition or amendment not so executed will be null and void.
30. Notices. Any notice required or permitted to be given under this Agreement must be in writing and signed by the respected party.
31. Severability. If any provision of this Agreement is held to be unenforceable or illegal by a court of law, such provision shall be modified to render it enforceable, or shall be removed from this Agreement, and all other provisions of this Agreement shall remain in full force and effect.
32. Non-Exclusivity. This Agreement is not an exclusive relationship between Melissa Alvarez and the Client. The client may seek services from other individuals or companies doing editing or book cover work and Melissa Alvarez is free to offer and perform editing and book cover design work to other individuals and companies.
33. Termination. This Agreement will remain in effect until terminated in writing by either party pursuant to this Agreement. Upon termination, Melissa Alvarez will give all work completed up to the point of termination to the Client. You understand and agree that should you terminate the agreement that the services may not be completed yet. Any fees that you have already paid to Melissa Alvarez will not be returned or refunded to you unless work has not yet begun on your project. A delay to a project’s deadline due to the Client's failure to upload the correct version of their project shall not be considered breach of this Agreement or grounds for Termination. A delay when returning a project due to the Client's failure to acknowledge receipt of the original files, shall not be considered breach of this Agreement or grounds for Termination. The deletion of the files from Melissa Alvarez’s computer after the 14 day receipt acknowledgement period, whether or not the Client has responded or failed to respond, will not be considered breach of this agreement or grounds for Termination.
34. Entire Agreement. This Editorial Agreement included on this form on the MelissaA.com website constitutes the complete and exclusive agreement between Melissa Alvarez and the Client/Author with respect to this subject matter, and supersedes all oral or written proposals and all other communications, understandings, or agreements between us relating to this subject matter.
35. Governing Law. This Editorial Agreement, and any dispute arising under or related to it, will be governed by the laws of the State of Florida. Each party hereby agrees to the exclusive personal jurisdiction and venue of the courts located in Palm Beach County, Florida.