OVERVIEW
This website is operated by HotGhostWriter Ltd. Throughout the site, the terms “we,” “us,” "Contractor," and “our” refer to HotGhostWriter Ltd. HotGhostWriter offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform which allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. We will not be held responsible, nor be held liable, if the age you have provided is innacurate or false.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
BACKGROUND
(A). The Contractor runs a Company providing artwork in the form of book covers, formatting, and design “Products” consisting of one or more photographs or artwork available to purchase by an Author who under the terms of this Agreement will be the Licensee.
(B) The Products are designed and created by the Contractor.
(C) While the Contractor will make their best effort to avoid plagiarism by using anti-plagiarism software for each project, they are not able to, and be liable for, guaranteed plagiarism-free content.
REFUNDS & CANCELLATIONS
Due to the personalized nature of our Services, thisTerms of Service is exempt from the E.U 14 day cooling period.
Once a purchase has been made, the Client will have 48 hours to cancel their purchase. Once those 48 hours have passed, the amount paid will become non-refundable. If the Client wishes to cancel an order after 48 hours, that payment will be placed in an escrow account to be used toward future purchases within the company.
After all required documents are approved, including but not limited to outlines, notes, and written approval of the Work, the Work becomes non-refundable. Any payment made towards the Work will be placed into an escrow account to be used toward future purchases or Services within the company upon the termination of their Agreement until a new Agreement has been created and signed.
PRICING & DELIVERY
Our prices are fixed (unless a special price is offered by our team) and you can find the rates for our services in the Online Shop. We charge on a per 1,000 words basis for book writing, other services have their own set prices which can also be found in our Online Shop.
All electronic files shall be submitted via a Google Drive folder. Services and products besides book writing services, including but not limited to packages or book images, will be delivered together with your project by the deadline set by your Project Manager.
Once the Work has been completed at the 100% mark, no revisions or refunds shall be requested and the final Products shall be delivered via the Client’s Google Drive folder.
Work shall begin the day the outline, or any other required documents pertaining to the Work, including but not limited to, interviews, notes, and written approvals, is completely approved by the Client and the assigned Project Manager. Work is predicted to be completed within 30 days of outline approval unless the Client delays the Work via actions including, but not limited to, the purchase of additional services, delays in communication and/or approval at each milestone, and/or putting the project on hold. In this case, the deadlines will be set by a Project Manager to ensure the timeliness of project completion.
In busier periods these time frames may change and we will inform you once we confirm your order by email. In the case of any delays or if additional time is required to deliver a high-quality book, we will contact you at least 48 hours prior to the previously set deadline to propose our required extension.
REVISIONS
Each Work is subject to 3 milestones, including but not limited to 35%, 65%, and 100% approvals.
The Client may request up to 3 writer changes before the 35% approval mark. Once approval has been given for 35% of the project, no changes to writers, editors, or other Company freelancers or employees assigned to the Work can be made and no refunds can be requested.
Once the Client has given written approval via Asana and/or email, no content revisions or rewrites shall be made unless a revisions fee is paid at the standard per 1,000 word rate and/or standard creation rate of any Service.
Clients are required to submit feedback and reviews for each Work within the feedback deadlines set out by the Project Manager. If a Client fails to provide feedback or reviews within the allotted time, the Work will progress toward the next milestone and the previous milestone will be considered “approved”.
Clients must give approval of their outline to initiate the project. No changes will be made to the outline once approved. Further revisions to the outline past approval point may incur additional fees (charged as an additional outlining fee) + revision fees to any writing that has been made, if applicable.
Clients must understand that their participation in the project and cooperation with the team is vital to the success of the project. Tasks will be given to the client throughout the project and must be completed by the deadlines discussed, or further charges may be incurred.
CLIENT RESPONSIBILITIES
The Client shall provide reasonable cooperation and assistance to the Company in the preparation of all materials. This includes being available for email or video communication on a regular basis as needed. At the Client’s request, one video conference (up to half an hour long with the most pressing questions submitted in advance) can be arranged at the end of the Book Service process. If desired, short follow-up emails can be sent in lieu of in-person conferences. The follow-up should take place within two months of receiving the completed service from the Company.
The Client warrants that the materials delivered herein are the original work of the Client and that the same do not violate any copyright, trademark, or other protection of intellectual property by the Client.
The Client acknowledges the contracting of professional book design services does not guarantee book sales or representation by a literary agent.
Clients must give approval of their outline to initiate the Work. No changes shall be made to the outline once approved. Further revisions to the outline past approval shall incur additional fees, charged as an additional outline fee, including any revision and/or rewriting fees to any approved Work that has been made, if applicable.
Once the Work has been approved at any milestone, no refund shall be given for the portion approved. Refund requests are subject to internal approval and may be subject to cancellation fees, revision fees, and/or rewriting fees.
The Client understands that their participation in the project and cooperation with the team is vital to the success of the Work. Tasks will be given to the Client throughout the Work and must be completed by the deadlines discussed, or further charges may be incurred.
Clients are given 48 hours of business days after their feedback milestone per the deadlines to review any changes by the Contractor made according to the Client’s requests at the designated milestone and make any necessary changes before that feedback milestone will be considered automatically approved.
ACCURACY
The Client assumes full responsibility for acceptance of Services performed, including but not limited to final proofing and accuracy.
The Company is not responsible for errors or omissions. The Company is also not responsible nor held liable for the omissions of reputable anti-plagiarism software utilized by the Company to identify each and every instance of potentially unlawful copying.
The Client agrees that the accuracy of information the Client supplies to the Company (“Client Content”) is the sole responsibility of the Client, and that the Company is not responsible and shall not be held liable for the results of Services performed on the basis of inaccurate, incomplete, or untruthful information furnished by the Client, or for the violation of any third-party rights resulting from the use of information provided by the Client.
INDEMNIFICATION AND RIGHTS
The Client agrees to indemnify, defend, and protect HotGhostWriter Ltd. from and against all lawsuits and costs of every kind pertaining to the Client’s business including reasonable legal fees due to any act or failure to act by the Client based upon the Book Services.
The Company will not be held responsible for the performance of the Client’s Work in terms of sales, reviews, or responses from readers. Any creative or strategic suggestions that are made by the company or freelancers are simply suggestions and do not guarantee results nor hold the Company as liable for the performance.
The Company will retain all patrimonial rights to all content produced until the Work is completed and all payments have been issued by the Client before rights are transferred to the Client.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
All clients must submit an intake form at the initiation of a project
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS & SERVICES
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Hotghostwriter. We reserve the right to discontinue any product at any time.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.
You also agree to not share your personal contact information (such as email, phone number, website address.) with our staff on our platform (Asana). You also agree to not request staff personal contact information and will keep all communication with our team within our platform. This is to protect our staff's personal information.
If you wish to update us on your personal information, such as updated contact information, please email our support team on support@hotghostwriter.com
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall HotGhostWriter, our directors, employees, affiliates, agents be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless HotGhostWriter and our parent, subsidiaries, affiliates, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERM AND TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Either Party may terminate the Terms of Service for any reason within 14 days with a written notice to the other Party before the scope of Work has commenced. This agreement is effective unless written notice is provided within 14 days. The termination of the Agreement does not include refunds as per our Refunds & Cancellations policy.
This agreement is subject to business working days. Any and all deadlines and/or Work will adhere to this clause. This agreement is also subject to U.S and U.K holidays in which the Client understands that their freelancer(s) will have subsequent time off per those days.
In the case of any delays per the Company, or if additional time is required to deliver high-quality Work, the Company will contact the Client at least 48 hours prior to the previously set deadline to propose our required extension.
If the Client fails to communicate with the Company within 60 days of the commencement of Work, the Client will forfeit any and all rights regarding, but not limited to, the Work, payment, any credits in escrow, and/or refunds. After 60 days of no communication, a new Agreement will need to be signed in order for the Work to recommence.
By agreeing to these Terms of Service, the Client understands that, if a hold shall be placed on the project after 60 days of no communication, they are not guaranteed the same Writer, Editor, Narrator, Translator, or Project Manager when work recommences.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.
If in the Company's sole judgment the Client fails or the Company suspects that the Client has failed, to comply with any term or provision of these Terms, the Company also may terminate these Terms at any time without notice and the Client will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the Client access to the Services (or any part thereof), and/or the Client forfeits any and all rights to the Work.
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of London, United Kingdom.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@hotghostwriter.com.