1.      General

These Terms and Conditions hereafter called the ‘Terms’ constitute the legal agreement between English Monitor (‘EM’) and any user (the ‘Customer’) of EM’s services. When a Customer uses the website (https:/www.englishmonitor.com) he has agreed implicitly to acceptance of these Terms. Should you not agree with these Terms then do not use the EM website. EM reserves the right to change these Terms at any time and an up to date copy of the Terms will be provided on the EM website. It is the users’ responsibility to check the currency of the Terms.

2.      Services and Payments

The EM website provides a range of services provided in-house by EM or by its qualified sub-contractors, associates or agents (the ‘EM Team’). The ‘Services’ are translation, editing, proofreading, rewriting and Desktop Publishing (DTP). EM is responsible for maintaining reasonable continuity in personnel providing Services on its behalf, but reserves the right in its sole discretion to make changes from time to time. EM remains responsible for Services performed by any individual on its behalf. The EM Team focus is on the provision of a quality end product (the ‘Deliverables’) prepared by native English speakers where the ‘Source Material(s)’ provided by the Customer have been prepared generally in a selection of East Asian languages, or in non-standard English. EM fees (the ‘Quote’) are based either on a word count provided by the Customer directly on the EM website and/or ‘Price On Application’ (POA) for a selected Service with up-front payment in USD via a web portal. Work will not proceed until credit has been received in EM’s bank, PayPal, AliPay or WeChat Pay account. On receipt of POA Source Material, EM will contact the client to confirm a price (the ‘Quote’) and agree a timescale for provision of the Services. Acceptance of the Quote is implicit for EM website generated fees. For POA Services, the Quote requires acceptance by the Customer by email. Acceptance of the Quote(s) forms the ‘Contract’ between EM and the Customer. You should be satisfied that you meet any applicable legal requirements for entering into the legally binding Contract with EM. EM will not be held responsible for errors, typography and omissions in Source Materials supplied. Should word counts vary from those originally supplied then EM reserves the right to re-estimate the fees for a revision of the Quote. Best endeavours will be made to meet the Customer’s timescale but EM will not accept liability for late submission of Deliverables and will discuss any timescale revisions with the Customer. EM will refuse to provide Services for any materials that it considers being offensive, obscene, violent, libellous, defamatory or otherwise considered inappropriate. In this respect, EM’s judgement is final.

3.      Refund policy

EM will take all reasonable endeavours to meet the Customers’ objectives but should a Customer be dissatisfied with the Deliverable then he should contact EM within 7 working days of delivery specifying the details of the dissatisfaction. EM will agree a route for resolution of issues with the Customer and provide best endeavours for rectification. EM’s statement of ‘we will edit your text until you are 100% satisfied’ is applicable only to work orders that comprise an editorial services component namely; proofreading, editing and rewriting services. EM is in no way obligated to provide this guarantee to work orders that do not comprise one or more of the aforementioned services. In the event of a non-resolution of the issues, EM will undertake to refund the customer in full or provide a credit towards future services. In such cases of the acceptance of credit by the Customer, any Deliverables will become the property of EM and henceforth cannot be used by the Customer for any forward purposes.

4.      Referral Programme

By participating in EM’s referral programme, the Customer agrees to maintain a functional PayPal, WeChat Pay or AliPay account, registered under the email address and/or mobile phone number submitted at the time of EM referral code creation. Referral fees due to Customers will not be payable if the PayPal, WeChat Pay or AliPay account phone number or mobile phone number is replaced, or if the account is terminated, suspended or otherwise unavailable to EM. Further to this we reserve the right to exercise non-payment of any referral payments due, either past or future if the referral fees due are less than the minimum transaction processing fee on PayPal, WeChat Pay and AliPay. In cases where prospective Customers do not accept quotes delivered for potential work orders, or for projects that are refunded, EM will not be liable to make referral payments to the referring party. At any time, should EM encounter problems making referral payments via the WeChat Pay and AliPay platforms due to unforeseen cross-border payment processing issues EM reserves the right to change the referral payment method to PayPal and in such circumstances, Customers will be requested to join PayPal and provide English Monitor with their PayPal account email address so that referral payments can be made.

5.      Warranty

By using the EM website the customer agrees that he is using it at his sole risk and EM disclaims any implied warranties regarding any concerns of intellectual property, accuracy, errors, omissions, safety, legality, fitness-for-purpose, copyright infringements, plagiarisms and/or merchantability. Our Services are provided on an ‘as is’ basis.

6.      Confidentiality (see also Privacy Policy)

EM takes the issue of confidentiality seriously and our website operates under the encrypted SSL format (https). However, security measures may be breached and while all reasonable attempts will be made to protect Customer Source Materials, Deliverables and personal information, EM cannot guarantee the total effectiveness of its security measures. We will not supply your personal information to others unless compelled by legal directives. Additionally, the EM Team operates under both non-disclosure agreements and a ‘need-to-know’ basis so that Customer information is not promulgated outside those persons who necessarily need to work on it. Unless otherwise instructed by the Customer, our digital data and any hard copy information will be destroyed after a 3-month period. You can be assured of a confidential approach to any sensitive material that you may provide us.

7.      Copyright, protected materials and plagiarism

EM assumes that Source Materials are supplied in ‘good faith’ and it is the responsibility of the Customer to check the legality and hence the title and rights to materials so supplied so there are no infringements of the intellectual property rights held by others.  EM will not be held responsible under any circumstances whatsoever for Services on any source materials copyrighted, logo’d or trademarked by third parties, or other proprietary protected information unless written permission has been obtained from the owners of such materials. Materials of an illegal nature are unacceptable by EM. Open source, public domain source materials are acceptable.

8.      Limits of Liability

By using our services you are agreeing to waive liability to any damages caused by our services either directly or indirectly caused, incidental, consequential, punitive or multiple. The EM Team’s liability shall not exceed the fee paid by the customer for our Services. The customer agrees to defend and indemnify and hold EM and its contractors harmless against any costs including legal fees or damages relating to any claim made against EM’s provided Services. EM will not be held responsible for any non-delivery of Deliverables for issues outside its control i.e. temporary failure of the EM or other associated websites, files directed to spam filters, failure of internet access or any issue amounting to loss of vigilance on part of the Customer in accessing data.

9.      Intellectual Property

All methods, technologies and know-how used by EM in fulfilment of its Contract obligations will remain the intellectual property of EM. No intellectual property contained in the source materials or Deliverables will be transferred in ownership to EM. However, the Customer permits EM to publicise on its website its involvement in the creation of any the Customers’ deliverables following the satisfactory completion of its Services.

10.    Breach of obligations and termination of services

Should a breach of the obligations of either party EM, or Customer be identified under these Terms then either party has the option to terminate the Contract by giving one day’s written notice to the other party. In respect of fees payable or refunds due then a pro-rata fee for Services already undertaken will be applicable plus a handling charge on termination. Should any dispute be resolved within the one day termination period then the Services will resume as agreed by EM and the Customer under the applicable Contract.

11.    Jurisdiction

Unless otherwise agreed in writing between the Client and English Monitor, these Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region and the courts of Hong Kong Special Administrative Region shall have exclusive jurisdiction in relation to any claim or dispute concerning or arising from these Terms and Conditions.