ENEO PROOFREADING – WEBSITE TERMS OF USE AND DEFINITIONS OF TERMS

This website (Site) is operated by Eneo Proofreading ABN 97 691 212 044 (we, our or us).  It is available at: https://eneo.net.au and may be available through other addresses or channels.

Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (available on our website) (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

(a)    anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

(b)    using our Site to defame, harass, threaten, menace or offend any person;

(c)     interfering with any user using our Site;

(d)    tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

(e)    using our Site to send unsolicited email messages; or

(f)      facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business. 

Work: Documents and information submitted to us or transmitted to us through private channels for the explicit purpose of us editing or performing work on the information (Work). Copyright in the Work remains with the Author.

Editorial decisions: The Author retains ultimate editorial control and has the final say on which edits will be accepted or rejected (regardless of who is to accept or reject those changes in the tracked edit).

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

(a)           copy or use, in whole or in part, any Content;

(b)           reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c)            breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site.  You represent and warrant that:

(a)           you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(b)           neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites: Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites. 

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

(a)    they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b)    access will be uninterrupted, error-free or free from viruses; or

(c)     our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity: Our responsibility is to offer advice and suggestions to the Author on how to improve the work, and to notify the Author of any legally questionable material as soon as it is discovered. While we will make every effort to bring such material to the attention of the Author, the Author agrees to indemnify us from any successful claims, including legal fees, arising out of any defamation or copyright infringement committed by the Author in creating the work. Our editors are not required to purchase professional indemnity insurance.

Furthermore, to the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.           

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Confidentiality: We agree not to use or divulge the Work, or any part of it, other than to fulfill our obligations under this agreement. We agree to keep the work confidential until publication.

Relationship: Editors working for us are generally engaged as independent contractors and nothing in this agreement creates an employment relationship or agency.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

Eneo Proofreading

ABN 97 691 212 044

https://eneo.net.au

Email: contact@eneo.jp

Phone:  07 3159 4643

Last update: 20/07/2022

Website Terms of Use based on information kindly provided by LegalVision.com.au

Definitions of Editing Terms

Copyediting: Correcting spelling, punctuation and grammar; checking for consistency in usage, terminology and facts within the document; checking cross-references; inserting heading levels and noting approximate placement of elements such as art, tables and figures; editing tables, figures, and lists. See also fact checking, indexing, proofreading, substantive or structural editing.

Desktop publishing: Using appropriate design software to format or lay out a document into a template developed by a designer; placing art; preparing the document for various publication formats. If the Editor is required to create the design and template, this needs to be specified.

Developmental/project editing: Assisting the author to develop their manuscript, often from an early draft but can be at any stage, to solve issues such as writing style, voice and tone, and plot and character development. This can be prior to, incorporated in or subsequent to a manuscript assessment, or substantive or structural edit.

Fact checking, citation checking, reference checking: Checking if facts, quotes and references are accurate by finding the original sources. Specify whether the Author or Editor is responsible for checking the work for any of these elements to ensure accuracy and currency. If the Author is responsible, the Editor may provide an additional but nominal level of checking, though not through finding original sources.

Indexing: Preparing a list of words, phrases, subjects and concepts and their locators at final design stage (with pagination finalised) to provide a systematic hierarchical guide that helps readers navigate the text. Indexing is a specialised skill that not all editors offer. It requires the manuscript to be read and analysed from the point of view of how a reader will try to find content, and it should be priced as an additional cost if required.

Manuscript assessment (or appraisal): Checking a manuscript to see what is required from the editing process, or providing feedback about the overall content, structure and style of a manuscript without doing the editing. This usually entails providing in-text comments and a letter or report.

Mark-up, electronic coding, tagging: Adding codes to a manuscript that provide instructions to the designer.

Picture research: Sourcing suitable images to include in the work. This can include all stages of the process: deciding which images are required, determining a suitable budget and negotiating fees for use, finding images and securing permission to use them, editing images, writing credits and captions. Specify which of these tasks are the responsibility of the Author and which of the Editor.

Production coordination: Coordinating and supervising the design, formatting and proofreading stages of a manuscript. This is an oversight role, where other people will be responsible for providing quotes and the detail of printer’s specifications, making changes, formatting and proofing.

Project management: Taking a project from proposal stage through to final manuscript, coordinating input from parties such as authors, consultants or reviewers. This can also include assistance with marketing and distribution.

Proofreading: Checking proofs of edited and laid-out or typeset material for typos and small errors, ensuring that the manuscript adheres to the design brief and that the editor’s corrections have been made. This may mean checking running heads and page numbers, cross-references and page breaks and carrying out copy-fitting. Specify which of these tasks the Editor is required to perform. See also copyediting, substantive or structural editing.

Rewriting: Writing material again using content supplied by the Author. This might be required of text that is multi-authored to ensure consistency of voice. If text flagged for copyediting actually requires rewriting, the Editor should make this clear to the Author before proceeding. This task is not permissible for PhD theses or academic essays which may contribute to grades (see IPEd’s Guidelines for editing research theses).

Style sheet: A document containing the list of style decisions, which may incorporate spelling, capitalisation and hyphenation choices; how to treat numbers, currencies and measurements; type and paragraph styles. Specify if the Author or Editor is to develop the style sheet. The Author may provide an initial style sheet to which the Editor contributes during copyediting, with final style decisions agreed between the parties.

Substantive or structural editing: Making sure that the manuscript’s structure, content, language and style suit its intended audience and that the text is logical, balanced and complete. Substantive editing can blur with copyediting; the Editor and Author should discuss these levels of editing so that each is clear about the requirements of the task. See also copyediting, developmental editing, manuscript assessment. This level of edit is not permissible for PhD theses or academic essays which may contribute to grades (see IPEd’s Guidelines for editing research theses).

Third-party permissions: Finding the source of content and obtaining permission to use copyrighted material such as song lyrics, quotes from other texts, photographs, illustrations, cartoons, diagrams and maps. Specify whether the Author or Editor is responsible for ascertaining fees for and obtaining copyright permissions. The Author is responsible for paying any such fees.