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1.  Terms and usage

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• The terms 'I', ‘my’, ‘me’,  ‘the Writer’, or 'the Company' refer to Penceative. The term 'you' or ‘the Client’ refers to the user of Pen Creative’s services.

 

• ​Before accessing these services, the client must confirm that they are aged 18 or over and that you are legally able to enter into a written contract.

 

2.  Description of Services

 

• Services: Pencreative provides personalised writing, editorial and project development services.

 

• Rate: My standard hourly rate is £75.00/hour.

 

• Communication: I use email to deliver project updates and feedback. The Writer may also use WhatsApp and/or phone additionally for more general communication or queries.

 

 3.  Revisions

 

• I offer free revisions depending on the package. Requests for changes after seven days will attract additional fees at the standard rate.

 

4.​​   Payment Terms

 

• Rates: Payment may be mutually agreed on a per-project or hourly basis.

• Deposit: A 50% upfront deposit is required before work commences. The remaining balance is due upon final delivery.

• Late Payments: Invoices are due within 14 days of receipt. Late payments after 4 weeks will incur a fee of 5% per week on the outstanding balance.

• Non-payment: The Writer retain full rights and ownership of the work until full payment is made.

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5.  Deadlines & Delivery

 

I work to the timeline and requirements agreed between us. This includes any adjustment to delivery times. Delays in providing requested information or material will extend any agreed deadlines accordingly.

 

 

6.  Client Responsibilities

 

Verification and accuracy: The Client is responsible for verifying all final work. Pencreative will not be held liable for issues or errors discovered required after the client’s final approval.

 

Original Materials:  The Client guarantees they hold the rights to use any materials or content they provide and PenCreative  shall not be liable for the source of materials submitted by the client.

 

7.  Cancellation & Termination

 

• Termination by the client: If the Client cancels the project before completion, the deposit shall be non-refundable. The Client will be billed for all work completed up to the date of cancellation.

 

• Termination by Pencreative: Pencreative reserves the right to terminate the contract immediately if you do not respond for more than 14 days or violate the terms of this agreement.

 

8.​  Refund and Cancellation Policy

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• ​Pencreative provide a no-quibble full refund:

• Where no work has been completed

• Where Pencreative is unable to meet your request, but you have already submitted payment.

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​Refunds are calculated based on the amount of work done. Work may include perusals, research, time spent liaising with the customer following agreement. Please note that an initial assessment is designed to obtain all the information required to begin work.

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Any request for further assessment will be treated as a paid consultation service and charged accordingly. If I consider requests to be spurious, e.g., on the pretext of gaining free services, I reserve the right to charge or cancel the service.

To request a refund please provide information as soon as possible, detailing why you need to be refunded. Please note that where work has been started, a full refund will not be possible. Work includes but is not limited to: perusal of documents provided, reading, further correspondence with you, review, drafted notes, and research.

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9.​  Limitation of Liability

 

Pencreative shall not be liable for any incidental, consequential, or indirect damages arising from the use or inability to use the written content.

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​You agree to release and hold Pencreative and all relevant agents, representatives, and affiliates, free of any and all losses, damages, rights, claims, and actions of any kind arising from or related to the provision of services. This includes but is not limited to:

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​(a) telephone, electronic, hardware or software, network, Internet, email, or computer malfunctions, failures or difficulties of any kind;

(b) failed, incomplete, garbled or delayed computer transmissions;

(c) any condition caused by events beyond the control of the Writer that may cause the Project to be delayed, disrupted, or corrupted;

(d) any injuries, losses or damages of any kind arising in connection with or as a result of utilizing our services; or

(e) any printing or typographical errors in any materials associated with our services.

You also agree to indemnify the company and its agents, representatives, and affiliates from:

​any claim, suit or demand or fees as a result of using these services or from your violation or breach of this Agreement, or from your violation of any rights of a third party, or any other act or omission by you.

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Pencreative shall not be held liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the materials you have provided.

 

10.  Intellectual Property & Copyright

 

Transfer of Rights: Upon receipt of full and final payment, Pencreative assigns all rights, title, and interest in the final written work to the Client. 

 

Retention of Rights: Where payment has not been made in full, Pencreative retains all rights, titles and interests in the final work.

 

Our Portfolio: Pencreative retains the right to display the final work on its professional portfolio and website, unless a Non-Disclosure Agreement (NDA) is signed.

 

11.  Legal Age and Capacity

 

• Declaration of Age: The Client hereby expressly warrants, represents, and declares that they are eighteen (18) years of age or older as of the date of signing this Agreement.

 

• Legal Capacity: The Client acknowledges that the Services provided under this Agreement (including writing, editorial, and project development services) do not constitute "necessaries" under applicable law. The Client affirms they possess the full legal capacity to enter into, execute, and be bound by the terms of this legally binding contract.

 

• Consequences of Misrepresentation: The Client understands that Pencreative relies strictly on this declaration to enter into this Agreement. Any misrepresentation of the Client’s age shall constitute a material breach of contract, entitling the Provider to immediate termination of the Services, retention of all fees paid to date, and full recovery of damages.

 

12.  Governing Law

 

• This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

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