Terms & Conditions
The Formey Touch provides every client premium writing services. Each time you use our site and/or engage our services, you warrant that you are fully aware of and will abide by the terms and conditions outlined herein. It is your responsibility to read the information detailed below in its entirety and to ensure that you understand it fully.
The Legalese of It All
These Terms and Conditions are effective beginning March 1, 2019.
This website (“Site”) is provided by The Formey Touch (“we” or “us” or “Group” or “Seller”). Please read these Terms carefully so that you (“Client” or “Customer” or “Buyer”) understand the conditions for using the Site and its associated services.
Check back often, because, from time to time as our Site develops, we may make changes to these Terms. Know that your continued use of the Site subsequent to any changes to the Terms constitutes your consent to them.
We reserve the sole right to either modify or discontinue the Site, including any of its features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on the Site shall also be subject to these Terms and Conditions.
We provide the Site’s information, graphics, links, services, text, and other material to you conditioned on your acceptance of these Terms—without modification. You must agree to these terms to use our Site.
Privacy Policy
By using this Site, you agree to our collection and use of personal information as detailed in our Privacy Policy, which is considered as part of these terms.
Allowable Use
This Site is not intended for use by children. The Site provides you a limited, nonexclusive, revocable license to make personal (noncommercial) use of the Site and its content. Provided that all copyright and other proprietary notices are not altered, you may copy the content for your own personal use. This allowance does not include the right to otherwise copy, alter, or resell any of the Site’s content. You may not use any means to prevent or restrict access to any portion of the Site. Use of any tool or utility to mine, gather and/or extract data or gain access to Site areas from which you are prohibited constitutes a violation. Likewise, you may not attempt to breach the security of the Site or to effect such a breach. In addition, interfering with or attempting to interfere with the proper working of the Site is a violation of these Terms.
You consent to use this Site for lawful purposes only, abiding by these Terms. You recognize that we have sole discretion over your use of the Site, and we may terminate your license to use it at any time. We maintain the right to deny service to anyone and to block your future access to and use of this Site.
Content Submission and User Activity
The Site may allow you to upload files. You acknowledge that all communications, data, graphics, information, messages, text, illustrations, photographs, music, sound, video, or other materials (“Content”) are the sole responsibility of the person who originated such Content. Therefore, you, and not The Formey Touch, are entirely responsible for all Content that you upload or transmit for use in rendering agreed-upon services by our company or any associated services.
You represent and warrant that you own or otherwise control the rights to any Content you provide to the Site; that use of the Content you provide does not infringe on the intellectual property rights or any other rights of any third parties, and that use of the Content you provide will not harm any person or entity. You agree that you will not (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic, or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any Content that contains malware of any type; or (e) impersonate anyone or any entity to conceal the origin of any Content you provide.
You grant us a royalty-free, nonexclusive right and license to use and edit the Content you provide us to render services through the Site and for all other lawful purposes. Any communications you send to the company via the Site are non-confidential.
Trademarks and Copyrights
Any trademark, service mark, slogan, logo, and trade name used on this Site belongs to The Formey Touch or a third-party licensor or other provider. All Content is owned by The Formey Touch, or we have been granted permission to use it. Nothing contained on the Site may be construed as granting any right or license to use any trademark or Content except as set forth in these Terms.
Links
The Site may include links to other resources operated and controlled by third parties. Any such links are provided as a convenience only and do not represent endorsement of any third-party material, contents, or services. We assume no responsibility or liability for your activities on such sites. Because the terms and policies of those sites may differ from ours, we recommend that you review them fully.
Disclaimer
THE CONTENT ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS PRODUCED BY OUR SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR OWN RISK. WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Operational "Plain Speak"
WRITING SERVICES
Payment Requirements
For projects with a fee of $1,000 or less, a nonrefundable advance payment of 50% of the project’s total service price must be made. When the fee is greater than $1,000, an advance payment of 33% of the total service price must be remitted. [Upon approval, an installment arrangement (for projects with a fee greater than $1,000) can be made before the start of work.] During the term of service, should any extensive reworking be required as a result of a requested amendment, additional charges will be assessed and added to the final payment, which must be made prior to delivery of your final draft.
Scope of Work
All work performed for you will be in accordance with the instructions you or your designee specify in your confirmed order and/or according to any written amendment agreed upon during the course of the work. The work performed will be based upon the information you provide during our intake process and any which you supply afterward or direct us to secure on your behalf. We cannot be held responsible for including any inaccurate information that you or your designee provides.
Allowable File Formats
We accept text, data, and image file submissions in the following formats only: .doc, .docx, .pdf, .xlsx, .xlsm, .ppt, .pptx, .pub, .jpg, .mp3, .mp4, .png, and .zip.
We provide all documents to clients as Microsoft Word and PDF files. Standardly, we render and deliver each document in Word .docx format; but, upon request, we will supply any document/text in compatibility mode, allowing it to be used in previous Word versions (i.e., Word 97-2003 format). The Group and its representatives shall be held harmless for any issues arising from the inability to open and read any file we deliver to you.
Impact of Files Inaccessibility
You agree to hold the Group and its representatives harmless for any issues regarding message transmission, e.g., email address inaccuracy, spam setting prohibition, and internet connectivity failure, which may result in delayed delivery of project drafts, including the final draft.
Any inability or delay you experience in accessing a file the Group or any of its representatives sends you will not be grounds for extending the work period established in your order. Nor will The Formey Touch be held responsible for any delays caused by your actions or inaction.
Communication Allowances
Any contact with a Group representative, i.e., principal, contractor, or assignee, apart from via the means provided on the Site or by said representative shall be considered a violation of the Company’s terms and conditions.
The Formey Touch assumes no responsibility for the timeliness, deletion, misdelivery, or failure of any messaging system in the transmission of Customer, Visitor, or Group communications (including file attachments).
Information Disclaimer
Any identifying information, data, or claims included in any of the The Formey Touch’s works created for you will be included based solely on the information provided by you or your designee(s). The Group shall be held harmless for the production of Content that contains erroneous, fictitious, or unauthorized details supplied by you or your designee(s).
Rough Draft Restrictions
Any rough draft generated for and transmitted to you for review purposes may be used as reference material only. Use of such as a final work product is strictly prohibited.
Final Draft Revisions Policy
For a period of 14 days following our delivery of your final draft, we extend the courtesy of making minor revisions—at no additional cost. Any such requested revisions may not deviate from the original work order. Minor revision requests honored after the 14-day complimentary revision period will be made at the editing rate standard for the given amendment to such projects.
Refund Policy
Because The Formey Touch prizes customer satisfaction, we work hard to deliver final products that exceed your expectations. In the unlikely event that you believe we do not (at a minimum) meet your needs, upon your emailing us of your concern within 30 days after final product delivery, we will investigate your claim and seek to resolve any issue we confirm. Should we be unable to resolve the issue to your satisfaction, we will refund all payments made beyond your nonrefundable advance payment, including any made for amendment services rendered after the 14-day complimentary revision period. Payments made for services rendered under a rush request (48 hours or less) are not eligible for refund.
Beyond 30 days after the final draft submission, your order will be considered closed and any refundable fees deemed nonrefundable.
COACHING SERVICES
Description of Services
We make various services available on this site including, but not limited to, distance/online coaching services and digital information products related to training users about the nonfiction writing process. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a phone, computer, modem, and Internet access (including payment of all fees associated with such access).
Scope of Work
All work performed for you will be in accordance with the specified description of your order displayed on the checkout page and/or agreed upon at the time of purchase.
Registration Data and Privacy
In order to access some of the services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required to keep it current, complete, and accurate.
You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of the Site, including your Registration Data, is subject to our Privacy Policy.
Sale and Purchase of Goods
The Formey Touch (“Seller”) hereby agrees to sell, and you (“Buyer”) hereby agree to purchase, goods of the description and quantity described on the checkout page (“Checkout”) and incorporated herein as (“Goods”) according to the terms and conditions set forth below:
- Purchase Price
- Buyer agrees to pay the purchase price of the Goods as posted on the purchase checkout page.
2. Payment Terms
- The total amount of the purchase price shall be payable in full by the Buyer according to the due date stated at Checkout. Any part of the purchase price unpaid past thirty (30) days shall be considered overdue. In this event Seller shall have the right to pursue any remedies available at law and shall be entitled to reimbursement from Buyer for Seller’s costs of collection, including attorney fees, legal fees and costs and disbursements.
3. Delivery
- Unless otherwise agreed in writing, delivery shall be made in accordance with Seller’s policy in effect on the date of purchase. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged and delivered according to Seller’s standards and practices.
Refund Policy
There is no refund on coaching services. In any case where a paid month-to-month subscription applies, you may cancel your membership at any time. They also have the option to pay an annual membership fee.
Results Disclaimer
We do not guarantee that you will get any specific results from our trainings and/or products concerning writing improvement or manuscript preparedness for submission to literary agents and/or traditional publishers. Our ideas, techniques, and suggestions do not represent any recommendations for getting placement or earning profit from your writing or editing.
Your level of success in attaining your desired results depends upon a range of components, including your knowledge, ability, and commitment.
We make no guarantees of any sort regarding expectations of your actual performance. Thus, we offer no professional legal, medical, psychological, or financial advice.
Service Liability
Our service liability is limited to the amount of money we receive for your order.
Site Access Privileges
You recognize that we have sole discretion over your use of the Site, and we may terminate your license to use it at any time. We maintain the right to deny service to anyone and to block your future access to and use of this Site.
Entire Agreement
These Terms and Conditions constitute the entire agreement between you and The Formey Touch and govern your use of the Site and our services. The Terms and Conditions supersede all prior agreements between you and the Company. You understand and agree that you may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of The Formey Touch to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.