Last update : January 2018
ARTICLE 1- PRESENTATION OF SITE AND SERVICE
The website www.edit-place.co.uk (the ‘Website’ is edited by the company Edit-Place Limited (‘Edit-Place’), company registered under the laws of England (Company Number: 8610398) with its head office located at Holden House, 57 Rathbone Pl, Fitzrovia – London, Great Britain W1T 1JU. Its intra-Community VAT number is: GB 182 0572 18.
Customer Service can be reached between 10am and 6pm at 0033 1 85 09 23 12 except during weekends and public holidays, or by email at: email@example.com. The Director of Publishing is: Julien Cohen.
The purpose of the Website is to put forward (the ‘Service’) the requests of publishers (‘the Clients’) requiring content and services from specialist or non-specialist writers (the ‘Writer’ or ‘Service Provider’), with the intent of publishing on the Clients’ websites. The Clients chose the content topics, the required length of the document, and the date by which they would like to receive the content. The request for tender is put online on the Service by Edit-Place. The Service Providers chose to respond to these requests for tender by submitting (i) the price they hope to obtain and (ii) the expiry date of the request for tender (for Link missions only). During this process (Link mission), the Service Providers are also informed of the number of writers who have shown interest in the request for tender.
The best offer is chosen by Edit-Place (Premium missions) or by the client (Link missions) based on information provided by the Service Provider on their Edit-Place profile, their job history and the quote submitted for the request for tender. The written content is received by Edit-Place and by the client (Link mission) to check that it complies with standards. Once a piece of content is validated, it’s sent to the Client by the Company (Premium mission). For Link missions, the Client receives the ordered content directly.
Edit-Place pays the Writer the agreed price once the content is validated and under 30 days from the day the Writer makes a payment request via the Service, providing the sum is superior or equal to 20 euros. If not, the sum will be paid at a later date upon selection for another content, when the total amount to be paid is superior to 20 euros, again by request of the Writer via their Edit-Place account. If the Writer does not write any content on the Service for a period of one year, the sum will be paid out no matter its amount within a maximum of 30 days from the day the Writer makes a request.
The request for tender is removed from the Service (i) once the content has been dispatched or (ii) when the quote submission deadline has expired and no quote is received or when the Client removes the request for tender.
Edit-Place can, before the request for tender is described, request or not that writers complete a paid test for a specific type of content so to be able to later answer a request for tender, and this, to be able to meet the Clients’ specific needs for content. In this case, the content is for test purposes only and not for publication by the Client.
After analysing the conformity and quality of the test content submitted within the given deadline, Edit-Place notify the Provider if he/she has been preselected, without guaranteeing that this preselection will lead to a future short, medium, or long-term contract. Other than through the quality of tests, the Providers later asked to participate in Premium or Link missions can be retained based on the following criteria: past experience described on the writer’s online profile, history of jobs completed through Edit-Place, as well as the price offered by the Provider for his/her new jobs.
ARTICLE 2 – CREATION OF A CLIENT ACCOUNT AND PROVIDER ACCOUNT
Access to the use of the Service is subject to the Client or the Provider (User) accepting the full terms of service (TOS) of the Website presented below and the creating a Client account or Writer account.
The TOS are accessible at the following address : http://www.edit-place.co.uk/cgu
Users declare the right to enjoy legal capacity that enables them to accept the present TOS or to have the authorisation from a person with parental authority, a tutor or guardian, or to benefit from the necessary powers to engage the person morally for the account for whom the account is being created.
The opening of an account requires the User to register a valid email address and to choose a password. The account will enable him/her to manage his relations on the Site, be it as a client or writer. It will enable Writers to track payment history, job offers, their contributions, and to access an order history.
The Client will be required, for Premium missions, to subscribe to the Terms of Service (TOS) by separate contract.
The Provider will be required, during the process of answering a request for tender, to complete his/her profile with the following information: first name, surname, RCS/SIREN number, intra-community VAT, registered name, date of birth, profession, level of study, foreign languages spoken, school/university, qualifications, address, phone number and subject interests. The person must also state their self-employed status or status of legal person. The information provided must be true and accurate and the User agrees to update these regularly. The Provider guarantees to comply with their social security and taxation obligations. The Company reserves the right to suspend or terminate the account of Users who do not respect these obligations.
The Users must take all the measures required to ensure that the password used to access the account remains confidential. They must immediately notify the Company of all fraudulent use of their account. Users are responsible for all actions carried out under their account name and password.
The creation of an account and the acceptance of the TOS by the User are manifested by ‘Clicking validate’, and confirmed by an email sent to the email address communicated by the User. Thus, the User recognises that he/she has read and approved the TOS. It is recommended that the User prints and saves the TOS so they can be referred to at a later date if needed. By express convention between the Users and Edit-Place, Edit-Place’s computer registration systems represent evidence between Clients and the writers, as well as their respective relationship with Edit-Place.
The Website reserves the right to dismiss the contribution or selection of a writer in the context of a job offer or to close the person’s account in the case of violation of the TOS, and this, without prejudice to any judicial review mechanisms that Edit-Place may wish to exercise.
If upon completion of the delivery it is found to be not conform to an acceptable quality level, and in accordance with the provisions of the amended Civil Code, Edit-Place can notify the Provider, at his discretion, of a reduction in the price paid for the delivery. By express convention between both parties, the formal notice provided for in Article 1223 of the Civil Code to carry out the delivery will be made by email, in a short time frame, meaning in the 24 (Twenty Four Hours) from the issue of the email, based on Client delivery times. Failing receipt of the corrected content within the given deadline, and if Edit-Place wish to accept the content nonetheless, the Provider agrees for the delivery to be freely edited by Edit-Place, so that a delivery that is conform to an acceptable quality level be delivered to the Client. Failing this, the revised price cannot be paid to the Provider.
The TOS can be modified and applied to all new job offers. No Provider contribution will be taken into account by telephone, mail or email, or fax.
All writers subscribed to the present platform agree to in no case communicate by any means the names of clients and/or brands, cited in the context of a job offer (if their names appear in the title, the brief, in newsletters, emails, etc.).
ARTICLE 3 – ORDER OF SERVICE
Offers published online by the Client on Edit-Place constitute a legal invitation to enter into discussions with Providers. The client undertakes not that these discussions are successful with a writer interested in the Link offer, while the Premium requests for tender will give rise to an order. Edit-Place can edit certain offers in the name of its Clients and for their accounts on the Edit-Place platform. Edit-Place can also preselect and/or provide recommendations for its Clients so to optimise their offers before publication online.
The request for tender or preselection (i) stage states the deadline within which the Client hopes to obtain content (ii), the subject, the type of content, the theme, (iii) the number of sheets or characters (iv), eventual ways to increase natural referencing (v), the writing or translation specifics.
The Client and/or Edit-Place have the opportunity to share this offer with all the Providers registered on Edit-Place, or only with certain Providers, depending (i) on the skill set available via their profile, (ii) of the preselection defined in article 1, or of the history of deliveries done via Edit-Place by the Writer. For Premium requests for tender, Edit-Place may preselect the Providers, considering their profile and previous experience, or request that a paid or free test be carried out. This preselection phase has a vocation to optimise the quality of chosen writers and the turnaround time when responding to demands. It’s based on objective and qualitative criteria, and non-selected Providers will be notified without delay.
The request for tender mentions, when necessary, that other writers have shown an interest, and also the date at which they responded. This enables freelancers to anticipate if they are likely to be able to send the content at the earliest possible date.
This request to respond to a request for tender triggers an assignment of rights under contract for the content which is the subject of the request for tender. The assignment of rights under contract is validated by the Provider on the date on which he/she submitted the offer of service for the content, but its entry into force is conditional on the (i) selection of the Provider, (ii) receipt of the Content, (iii) its compliance with the order and (iv) its compliance with the Terms of Service, read and agreed on when he/she created an account to access the Service.
When multiple Providers accept to produce the same demand for content concurrently, the content is attributed as and when they arrive until expiration of the due date set by the client. On this date, the request for tender is void. The purpose of the Service being to satisfy a Client demand at the earliest convenience and of the best quality, the price of the providers quote is only one element amongst others.
On receipt of the Content by Edit-Place, and following the selection of one or multiple Providers for a Premium mission, a content check is carried out based on the following criteria; (i) verification of content with an automated anti-plagiarism checking tool, (ii) spell check and grammar check, and (iii) the respect of the Terms of Reference.
A notification will be sent out to all rejected Providers who responded to the request for tender.
In the context of requests for tender for Link jobs, the Client receives the Content directly and a refusal must be justified and correspond to objective criteria based on the editorial brief downloadable from the Website.
In accordance with internet practices, the distribution of content is made without mention of the author’s name. The Client cannot, however, attribute authorship of the written content to his/herself. He can, where appropriate, ask for the writer’s consent to this via Edit-Place. In this case, a written agreement will be required between both parties. If the client violates this rule which is linked to the author’s moral rights, he could be liable to pay damages to the writer.
The Provider guarantees to be in compliance with all applicable regulations, notably those of social security and taxation, and all others of a compulsory nature. He also guarantees to be up to date with all tax forms and registered to the correct social bodies as required by the country in which he resides.
Edit-Place undertakes to respect all intellectual property rights protecting content sent by the writer via the Service and not selected. This content will be conserved for a period of five years for purposes of proof of the selection criteria for the deliveries, then deleted. Unless there is express consent from the writer, the content will not be subject to any commercial use by Edit-Place.
The Provider agrees to undertake due diligence and make every effort to adapt to the demands of the Client, and also, to accede to any request for modification submitted by the Client regarding the request for tender or when the order is passed, especially when the editorial brief is not yet provided or the order has not commenced.
The Provider agrees to deliver the Content conform with the specifications, and within the agreed deadline, which are imperative. Delays in delivery will not be tolerated. In the case of non-delivery, part delivery, or if the content is of poor quality, the Provider recognises under article 1217 of the Civil Code, Edit-Place, for the Client account , can, at his discretion: (i) refuse payment, (ii) allow another provider to do the work at the sum agreed with the Provider, (iii) request a discount of the initial price giving the possibility to edit the delivered content, or (iv) give notice of the avoidance of the contract, and in any case (v) claim damages to make up for any consequences linked to the failure to execute delivery, delivery of poor content or delayed delivery of content.
A Provider who can anticipate that he/she cannot carry out the delivery (i) in time (ii) entirely or in part, must notify Edit-Place as soon as possible, notably on the Website via the ‘REQUEST TO CANCEL CONTRACT’ button, which enables the Provider to be put in contact with Edit-Place in order to remedy the situation, and reduce the eventual consequences that failing to execute delivery of content may have on the Client as well as the Provider.
ARTICLE 4 – OBLIGATIONS OF THE PROVIDERS
Writers wishing to participate in a request for tender undertake to respect the intellectual property rights of third parties. On this basis, they commit to submitting only content of which they are the sole author, and for which they have retained the intellectual property rights to which they agree to transfer on an exclusive basis. When they submit so-called collective works, they must ensure the agreement of all authors for an eventual publication according to the terms of the disposal agreement. The writers thereby guarantee this to Edit-Place.
Furthermore, writers agree to submitting works that contain no confidential of privileged information. They also agree to not submitting works that disturb public order or offend moral principles, and more broadly which are contrary to existing legislation or that violate the rights of third parties.
The writers agree to send their works in the form of computer files that are free of computer viruses, Trojan horses, or all codes or programs destined to harm, alter, or interfere with the Website and all computer or all program systems.
All User to find that the rights of Third parties have been violated by another User is invited to report this violation to the Company at the following address: firstname.lastname@example.org
Writers whose works have been selected and published online agree to respect the terms of the copyright assignment of rights contract they sign with Edit-Place, who are acting on behalf of their clients’ accounts. They are prohibited to re-transfer the exploitation rights after transferring them to any third parties whomsoever. The Company records in its database all completed assignments of authors’ rights contracts, and writers are required to print the assignment of rights contract they accepted.
ARTICLE 5 – PERSONAL INFORMATION
The Edit-Place company act as data controller and collect the following information when a User account it created.
- Surname, First name, Date of birth, Profile photo, Presentation text, Linkedin account, Twitter, Facebook, Instagram, Website, Spoken languages, Areas of expertise, Professional experience, Courses, Physical address.
If it’s for a company, the company will collect the same information concerning the different employees of the company for the same purpose.
The purpose of this data collection is to put editors into contact with content writers/ proofreaders/translators.
The recipients of this information are: the Edit-Place company ‘Project Manager’ teams and the Client Users.
Edit-Place also collect Provider User bank details which is optional when creating an account, in order to settle the cost of work carried out.
These bank details are kept during a period of 3 years from the date of the last job paid for, in the case of inactivity of the User of the Website.
The recipients of this information are: the Edit-Place finance teams, in the case of Link jobs.
Users have, at anytime, a right to access, correction, opposition or deletion. To do this, they can either (i) connect to their account and access the ‘edit my profile’ section, or (ii) contact the Website’s customer support service via the ‘Contact’ page or by sending an email to email@example.com. The request to delete a profile does not infringe on the keeping of such information by Edit-Place in order to justify during the period of one year all requests for information regarding preselection or selection of a writer or a content on his Website.
In any case, information that’s relative to the running of Premium or Link jobs will be kept for evidentiary purposes during a period of 5 years. Once either of these periods is met, the information will be deleted or rendered anonymous.
For the requirements of the Service (Link jobs), Edit-Place.fr will make available on its site, elements of writer identities, such as first name and the first letter of writers’ surnames, as well as the level of education mentioned by the latter. The phone number and email of the Provider selected by the Client will also be shared. In turn, Edit-Place should not be held responsible for any correspondence of a private nature between the client and the writer.
The Clients and Providers having created an account can contact each other directly via the service as part of Link jobs. Clients can therefore issue Link job offers only to Providers who they select.
Edit-Place keep declarative information that figures on users’ accounts and log in information necessary to use the Service, for the purpose of allowing judicial authorities to conduct any investigations that are deemed necessary if any unlawful practices are encountered. Edit-Place also reserves the right to share this information if they come to experience any personal damage for which they wish to seek redress before the courts.
ARTICLE 6 – SECURITY
Edit-Place has implemented technical and organisational measures so to guarantee a level of security appropriate to risk, and notably:
- a) ways to guarantee confidentiality, integrity, availability and constant resilience of systems and processing services;
- b) a procedure targeted at regularly testing, analysing, and evaluating the efficiency of technical and organisational technics to ensure security of processing.
- By email to: firstname.lastname@example.org
- By post to the following address: 67-70 Charlotte Road – London, Great Britain EC2A 3PE
Any person concerned has the right to make a complaint to a supervisory authority, particularly in the Member State in which his/her main residence, place of work, or place in-which the violation was committed is found, if he/she considers that the processing of personal data concerning him/her constitutes a violation of the applicable rules.
For Great Britain, the address of the authority of control for personal data is situated at:
Information Commissioner’s Office
Tel: 0303 123 1113 (local ratel) or 01625 545 745 (national rate)
Fax: 01625 524 510
Email : email@example.com
In order to enable the appropriate functioning of the Website, data is gathered, among others, by IP data and cookies. The objective of this data is to enable a possible adaptation of the Website and services offered to the needs of Users, and also to accommodate and facilitate the utilisation of the Website.
These cookies have a life of 13 months maximum.
The User can configure his/her browser to accept or reject all cookies, or to be alerted when a cookie is installed.
The User also accepts the presence of HTML tags on certain pages, emails and the newsletter, of which the statistical information can be passed on to Edit-Place Partners.
ARTICLE 7 – LIABILITY AND GUARANTEE
Limitation of liability:
Edit-Place gives the utmost care to the quality of its Service. Edit-Place does not assume liability in the following cases:
- Receipt of content (i) sent by the writer that violates the intellectual property rights of a third party, (ii) that is outdated, incomplete or incorrect.
- Fraudulent exploitation of a piece of content by a Client.
- Partial or total suspension of the functioning of the Website.
- The downloading from the Website of a corrupt file that harms the User’s computer equipment or leads to the loss of data.
- The absence of bids by the Provider following a request for tender published online by the client or by Edit-Place.
The accountability of Edit-Place under the Service excludes indirect damages, notably possible commercial harm, loss of data, loss of profits or loss of time.
More generally, Edit-Place can only be held accountable through proven fault, within a maximum of one year from the selection or none selection of a Provider or upon receipt or refusal of a piece of content.
If the responsibility of Edit-Place is recognised at the level of the User, whether he be the writer or the client, this cannot exceed the amount paid by the client or received by the Provider under the service that led to generating the liability.
Edit-Place accepts no responsibility for technical difficulties Users may experience on the Website, whatever the cause, notably the occurrence of ‘bugs’, of the breach of the integrity of the information through the communication networks, by default the terminal capacity to convey data or to transmit, or the dispatch within the usual timeframe of offers for discussions and answers.
Liability of Providers:
For the purposes of performance hereof, the Provider guarantees Edit-Place and the CLIENT that the Content respects French laws and all existing legislation relative to defamation and abuse, to privacy and right to an image, to authority of judiciary, to moral guidance of young people, to the presumption of innocence and infringement, as well as any other applicable regulation.
The Provider guarantees that the Content does not include any unauthorised use of any other work neither any counterfeiting elements or elements that infringe on intellectual property rights of third parties. These unauthorised or counterfeit elements would pass on liability to Providers, except for when they have been shared by the CLIENT.
The Provider guarantees Edit-Place and the CLIENT against all claims or legal action from a third party alleging an intellectual property right on all or some of the Content created by the Provider. For this reason, the Provider agrees to accept liability of damages and costs and lawyer expenses held against the CLIENT company.
More generally, Users, clients, writers and Providers agree to compensate and guarantee the Company for all damages, claims, and condemnations (including lawyer expenses) resulting in the use of the Service.
ARTICLE 8 – INTELLECTUAL PROPERTY RIGHTS
The Website content is protected by national and international laws and regulations concerning author’s rights and copyright.
All intellectual property rights relative to the Website (notably rights to texts, images, layout, graphics, structure, sound components, database, brands and logos) belong to Edit-Place, or to authorised third parties.
No reproduction, or even partial, can be made of the Website without prior and express authorisation from Edit-Place. No extraction of the database can be made without the consent of Edit-Place.
Any infringement of the intellectual property rights mentioned above could lead to prosecution.
On the Service, writers guarantee ownership of all intellectual property rights relative to the pieces of content written in response to a cash tender issued by the client. Clients agree to respect the intellectual property rights attached to written content.
ARTICLE 9. VARIOUS PROVISIONS
Invalidity: Cancellation of one of the provisions in these TOS does not make the contract void.
Titles: The article titles in these conditions are only listed for easy reference and do not affect in any way the language of the provisions to which they refer.
Acquiescence: Any acquiescence by either party does not in any way constitute as a waiver of any one of the provisions of the present contract.
Assignment of contract: Edit-Place can at any moment yield, wholly or partly, the rights and obligations of this present TOS.
Force majeure : Edit-Place is released from its obligations in the event of a case of force majeure. The force majeure is considered as any external, unforeseen, uncontrollable event that renders the performance of parties impossible.
Applicable law and litigation: This TOU is governed by British law. All claims linked to the use of the Website can be sent to the following address: firstname.lastname@example.org
For the cases where parties do not find a solution on their own, they can decide to submit their dispute to the relevant courts under jurisdiction of the Appeals Court of London.