1. ABOUT US
1.1. EWRITERS SERVICES LTD (hereinafter referred to as “we” and “us”), is a company registered in Cyprus, with registration number ΗΕ 427017 and registered office at 13 Platona, A18, 5380 Deryneia, Cyprus. Our VAT registration number in Cyprus is CY10427017J. We own and operate the website www.myspeechwriter.com (the “Website”).
1.2. We provide literary writing, original authorship, ghostwriting and copyrighting services. In particular, we create original literary works of authorship, including but not limited to writing and authoring books, advertisements, articles, brochures, translations, speeches and lectures and modifications or additions to existing works (the “Works”).
1.3. To contact us email info@myspeechwriter.com.
2. INTRODUCTION
2.1. The Terms and Conditions set out below (the “Contract”) apply to orders placed through our Website. By placing an order, you agree to be legally bound by and to comply with this Contract. No other terms are implied by trade, custom, practice or course of dealing.
2.2. This Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty that is not set out in the terms provided herein.
2.3. No changes to the Contract are accepted unless otherwise expressly agreed in writing.
2.4. The Contract is made only in the German and English language. In the event of a conflict, inconsistency or discrepancy, the English version shall prevail.
2.5. We recommend that you print a copy of this Contract for future reference.
3. PLACING AN ORDER AND ITS ACCEPTANCE
3.1. Please follow the onscreen prompts to place an order. Each order is an expression of interest (invitation) by you for our Works specified therein, (the “Works”), subject to the terms contained herein.
3.2. By clicking on the purchase button, you agree to the proposed royalty fee, specifications of the order and delivery date as displayed on the screen. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.3. After you place an order, you will receive an automated email from us, acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in the term 3.4.
3.4. Our acceptance of your order takes place when we send an email to you to accept it, and to provide you with your order data, at which point the order is confirmed and a Contract between you and us comes into existence.
3.5. If we are unable to accept your order for unexpected reasons, we will inform you accordingly in writing and we will not process your order. If you have already paid the royalty fee for the Works, we will refund the full fee as soon as possible.
3.6. We do not offer any legal expertise or consultations, and we are not obliged to do so.
4. ROYALTY FEES, PAYMENT AND TAX
4.1. As consideration for the license granted from us to you for the Works, as specified in clause 6, you will pay to us a one-time royalty fee, as set below.
4.2. The royalty fee shall be as quoted on our Website at the time you submit your order. We take all reasonable measures to ensure that the royalty fee is correct and regularly updated. The royalty fee is subject to change without further notice. Any changes on the royalty fee will not affect any order you have already placed.
4.3. The royalty fee, as shown in our Website, is inclusive of VAT. In any case you are exempted from payment of VAT as per applicable legislation, the VAT will be deducted from the royalty fee. The VAT may be changed as per applicable legislation.
4.4. Payment of royalty fee shall be made by Paypal or a credit or debit card.
4.5. The royalty fee is paid for in advance. In this case, your order is processed only upon receipt of payment in full.
4.6. In certain instances, we may agree for royalty fee to be paid for upon delivery. Before agreeing to this, we will run an automated credit check on you. By requesting to pay upon delivery, you agree to such a check. We may refuse to accept payment upon delivery irrespective of the result of any automated credit check(s) that we may run. In cases where payment will be made upon delivery of the Works, your order will be processed following relevant confirmation from us. If you fail to settle any invoice issued for Works delivered and completed, we assign our rights, including our right to receive payment from you, to a debt collection company.
5. DELIVERY AND ACCEPTANCE
5.1. The deadline for delivery of the Works begins either with the receipt of payment in full, in cleared funds in our accounts or if we agree for the royalty fee to be paid upon delivery, upon relevant confirmation by us. The delivery deadline is at the conclusion of the last day of the deadline. If the last day of the deadline falls on a Saturday, Sunday or a general public holiday as recognized in Cyprus, the deadline will end on the next working day.
5.2. Timely delivery is subject to the condition that the specifications provided by you when placing the order are sufficient for the order to be processed properly. If it becomes apparent that the information or specifications of the order as communicated by you are insufficient, you will be informed of this as soon as possible by telephone or email, with a request for further information. At this time, you will also be informed of the new delivery deadline.
5.3. The completed Works will be uploaded to a password-protected online area, accessible at: https://www.myspeechwriter.com/user/login and we will notify you of this. You have the option to request free amendments or a review within ten (10) days after the finished Works have been uploaded by us into the online area. You will be informed by email once the updates have been made. Changes requested within ten (10) days from the date that the Works have been uploaded, will be completed within one to five (1-5) business days. The amended version of the Works will also be available in the online area. After ten (10) days have passed since the final Works have been uploaded, no claims for amendment or correction will be accepted or honoured.
5.4. If you do not access the completed Works online within fourteen (14) days of being notified, the Works shall be deemed to have been accepted by you. Acceptance shall also be deemed to have occurred if you make use of the Works or transmit the Works to a third party for use. Before accepting the Works, you should check it for errors.
6. LICENSE TO THE WORKS
6.1. We are the sole and exclusive owners of all intellectual property rights, copyrights and all other related rights in and to the Works, including moral rights.
6.2. Subject to receiving payment of the royalty fee in full, we will grant you an irrevocable, exclusive, transferrable, fully paid-up, perpetual, worldwide license to use, reproduce, sell, prepare derivative works of, publicly display, publicly perform or distribute the Works and license or sub-license any and all aforementioned intellectual property rights to the Works.
6.3. In particular, we grant you the license to:
a) Use the Works for commercial or non-commercial purposes,
b) Reproduce all or part of the Works,
c) Create any change, format, translation, extension, upgrade, update, improvement, new version and/or other derivative work or modification of all or part of the Works,
d) Distribute all or part of the Works in electronic and/or print editions,
e) Publicly display and/or perform all or part of the Works in any and all media and in any location and for any purpose whatsoever,
f) License or sub-license your rights to all or part of the Works to any third parties.
Irrespective of anything else contained in this Agreement, you acknowledge and agree that:
a) Any license we grant you to any Works doesn’t include and you undertake not to use any or part of the Works for punishable and/or illegal and/or scientific and/or
academic purposes.
b) We are the authors of the Works and you or any third parties do not have the right to claim authorship of the Works.
7. RIGHT TO TERMINATE THE CONTRACT
7.1. Without limiting any of our other rights, we may suspend the order or delivery of the Works to you or terminate the Contract with immediate effect by giving written notice to you if:
a) You commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within fifteen (15) days of you being notified in writing to do so,
b) You fail to pay any royalty fee due under the Contract on the due date for payment,
c) An order was made to create scientific or academic papers. This includes Works intended for the purpose of obtaining an academic degree or academic publication,
d) The content and information submitted by you, as part of your order, violate the rights of third parties. In this case, you must indemnify us of any damages or claims,
e) The category of the Work (i.e., Private, Business, Clubs and Associations) was selected incorrectly when ordering,
f) The order requests inflammatory, hateful or xenophobic content,
g) The ordered Work is requested to promote pornography, gambling, medically unrecognized healing methods, occultism, or the like,
h) The ordered Work requests fraudulent or endangering content,
i) The order is a request for a private Work with personal or explicit content, or
j) The ordered Work is a letter to public persons of the judiciary, public administration or politics.
7.2. Should we terminate the Contract due to any of the above-mentioned violations made by you, you are still obligated to pay us any royalty fee agreed. In such cases, payments already received will not be reimbursed,
7.3. Termination of the Contract shall not affect your and/or our rights and remedies that have accrued as at termination.
8. EVENT BEYOND OUR REASONABLE CONTROL
8.1. We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under this Contract that is caused by any act or event beyond our reasonable control (the “Event”) (i.e. force majeure, strikes, late third-party delays, unforeseen operational or shipping difficulties or other obstacles or circumstances occur that cannot be prevented despite due care and diligence).
8.2. We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under the Contract due or as a result of the COVID-19 (Coronavirus) pandemic or any measures or restrictions imposed by any Competent Authority in response to the COVID-19 (Coronavirus) pandemic that may affect our performance of the Works.
8.3. If the Event takes place that affects the performance of our obligations under the Contract:
a) We will contact you as soon as reasonably possible to notify you,
b) Our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event. Where the Event affects our delivery of the Works to you, we will arrange a new delivery date with you after the event is over,
c) You may cancel the Contract affected by an event beyond our reasonable control,which has continued for more than six (6) weeks. To cancel please contact us.
9. LIABILITY
9.1. We are excluded from liability for damages caused by ordinary negligence, unless they result from:
a) Death or personal injury caused by our negligence;
b) Fraud or fraudulent misrepresentation;
c) Anyotherliabilitythatcannotbelimitedorexcludedbylaw.
This also applies to breach of duty by our vicarious agents.
9.2. Subject to the term 9.1., we will under no circumstances be liable to you, whether in agreement, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
a) Any loss of profits, sales, business, or revenue; or
b) Financial loss; or
c) Lossofanticipatedsavings;or
d) Any indirect or consequential loss.
9.3. Except as expressly stated herein, we do not give any representations, warranties or undertakings in relation to the Works. Any representation, condition or warranty which might be implied or incorporated into the Contract by statute, common law or otherwise is excluded to the fullest extent permitted by applicable law. In particular, we will not be responsible for ensuring that the Works are suitable for your purposes.
9.4. Insofar as you have accepted the Works and any deliverables, we are not liable for any damages resulting from errors in the Works or any delivered Works or products that you could or should have recognized before acceptance of the Works or products. In addition, we are not liable for any legal violations resulting from content and information provided by you. You hereby indemnify us from all claims asserted by third parties to whom you have given the Works or products for use.
9.5. Insofar as we have complied with your instructions, in producing any deliverable products or Works, we are not liable for and you agree to fully indemnify us for any loss, damages and/or claims of the said deliverable(s) are inconsistent and/or contrary and/or in breach of any applicable and specific legislation and/or rule (e.g. specific medical regulations).
9.6. Before delivery of each Work, we conduct an automatic plagiarism check to ensure that it can be distinguished from and that is sufficiently dissimilar to other Works. Insofar as we have conducted an automatic plagiarism check, we are not responsible to take any further steps and we are not responsible for any similarity of the delivered Work with other Works.
10. COMMUNICATIONS BETWEEN US
10.1. When we refer to ‘in writing’ in this Contract, this includes email.
10.2. Any notice or other communication given by one of us to the other, under or in connection with the Contract must be in writing and be delivered personally, sent by prepaid first class post or other next working day delivery service, or email.
10.3. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address or addressee.
11. MISCELLANEOUS
11.1. If any term provided herein is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest the terms.
11.2. No failure to exercise, nor any delay in exercising, by any of the arties, any right or remedy under the Contract shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
11.3. “Personal Data” means any information relating to you, such as your name, an identification number or location data. As regards Personal Data processed in connection with the Contract:
a) We will process such Data in accordance with the principles of the General Data Protection Regulation (2016/679) and only so far as is necessary for the purpose of performing our obligations under the Contract.
b) We shall ensure that any Personal Data shared with third parties as part of the Contract and in accordance to it, shall be shared on a lawful basis and the appropriate measures are in place to protect your Personal Data.
11.4. The terms provided herein may change without previous notice.
11.5. The Contract is personal to us and you. No other person may enforce any of its terms.
11.6. If the Contract between you and us is concluded by you, as a natural person for a purpose which can be regarded as being outside your trade or profession, the Contract shall be governed by the law of the country where you have your habitual residence. In all other cases, the Contract shall be governed by the laws of Cyprus and the courts of Cyprus shall have exclusive jurisdiction to try any claim, dispute or difference arising out of or in connection with the Contract.