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Terms and Conditions

Effective as of March 21, 2022

Hi there! Welcome to The Writing Element ("The Writing Element", "we", "us" or "our") which can be accessed at www.thewritingelement.com ("website"). This page outlines the Terms and Conditions ("terms and conditions") that govern your access and use of our website and services.

 

By accessing and using our website and services, you indicate that you have read, understood and agree to be legally bound by our Terms and Conditions, Privacy Policy, Consultation Policy and Refund Policy (collectively the "terms").  Persons under the age of 16 are not allowed to use our services unless permission is granted by their parent or legal guardian who agrees to be bound by the terms mentioned on our website.

We reserve the right to make changes to our terms and conditions without notice. Any changes we make to our terms and conditions will take effect as soon as we publish it and the effective date will be stated on top of this page.

 

Please carefully read the below terms and conditions before continuing on our website and/or proceeding to use any of our services. If you do not agree with any of our terms and conditions, please discontinue using our website immediately. 

1. Definitions

It is important to note the definition assigned to each word for a clear understanding of our terms and conditions.

  • "Client" means any legal entity, person, group of persons or organization that has requested and paid for one of our services. 

  • "Services" means all the services provided by The Writing Element which include content writing, editing and proofreading, graphic design, presentations, virtual assistant and transcription.

  • "Quote" means the document that The Writing Element sends to a potential client via email which states the cost for the service that is being requested based on the quote form that was submitted by the client.

  • "Project" means the digital document which is the product of The Writing Element providing a service that has been requested and paid for by the client. It may also refer to the virtual assistant service provided by The Writing Element to the client where applicable.

  • "Turnaround time" means the number days needed to complete the project.

  • "Commencement date" means the agreed date that work is scheduled to begin on the project.

  • "Delivery date" means the date the client has requested and agreed to receive their project from The Writing Element.

2. Requesting a service

2.1 To request one of our services, you must fill out and submit our quote form which can be accessed at https://www.thewritingelement.com/get-a-quote.  On this form, you are required to submit your first name, last name, email address, the type of service being requested, the name of your project, details of your project and the expected turnaround time. We recommend that you be as thorough as possible when outlining the details of your project on the quote form because this will help us to understand the needs of your project and how they can be met as well as to determine the right price for your project.

2.2 When we receive your submission, we will review it and send you a quote within 24 hours via email (the email address that was stated on the quote form) for you to accept, negotiate or decline. It is your responsibility to ensure that your contact details are accurate and current in order for you to receive any communication from us in a timely manner. We advise you to also check your spam or junk folder in your email if you are not in receipt of our quote form within 24 hours of submitting it. If you encounter any issues in submitting the quote form or receiving a quote, please contact us for assistance.

 

2.3 However, sending a quote to you may take longer than 24 hours if your submission did not provide clear and specific details about your project or we are uncertain about the details provided. In such case, we will contact you via the email provided on the quote form to clarify the details of your project before sending you a price quote. A delayed response from you may result in the prolonged delivery of a price quote or its non-delivery if you are unresponsive.

 

2.4 In the event that the topic or nature of your project violates our terms and conditions (refer to 12.1), we will send an email advising you of this and you will not receive a price quote for that submission. 

2.5 Please note that a quote is only valid for 10 days starting from the day we send it to you. A reminder will be sent to you 5 days before the quote expires. If the quote is not accepted before it expires, it becomes invalid and you will need to submit another quote form if you wish to use any of our services. 

3. Determining the price

3.1 We determine the price of your project based on the type of service, the turnaround time and the details of your project. 

 

3.2 All prices on our website are quoted in United States Dollar (USD).

3.3. The price of your project is subjected to change if you request significant changes to your project before and during the process of completion. The price may also change if you increase or decrease the turnaround time. Refer to 6.1 and 6.2 for more information on this.

 

4. Payment

4.1 If you have accepted our quote, an invoice will automatically be sent to you via email. Invoice payment is due within 5 business days after we send it to you. We start working on your project only when the payment for the service has been made and verified. 

 

4.2 We use PayPal to process all payment transactions. We are not responsible for any fees or taxes incurred by you when using this payment method. We are also not responsible for any possible delays or errors encountered during the payment process. If we have received your payment, we will notify you via email. However, if you have not made a payment or we have not received it, we will send you a reminder within 5 business days of sending you the invoice. 

4.3 We advise that you make your payment as soon as you receive the invoice to avoid any delays in payment processing and verification which may result in your project not being started and completed on time. 

 

5. Creating and maintaining an account

5.1 In order to schedule a consultation, you are required to create an account by providing your name, email address and the tracking number on your invoice. We will notify you via email if the creation of your account has been approved or declined (we will state why it has been declined, if necessary). 

5.2 The creation of an account may be declined if:

  • the tracking number submitted is not associated with any invoice on our record

  • the email address and/or name provided does not match the one associated with the tracking number 

  • the name, email address and tracking number are not on any of our records

  • you requested and/or received a refund prior to creating an account and are no longer doing business with us

  • you have not made a payment for the service requested

  • we detect any abuse or fraud in relation to the use of our services

  • you have violated any of our terms

5.3 When creating your account, be sure to use the name and email address that you provided on the quote form. If your email address has changed, you must contact us so we can update our records to reflect this change and assist with the creation of your account. Additionally, please use the tracking number of the most recent invoice that was sent to you by The Writing Element. The tracking number can be found in the top right-hand corner of your invoice.

5.4 We encourage you to use strong passwords to secure your account. You are responsible for all activities on your account and you must not allow any other party to access and use your account information including your password. The Writing Element will not be liable for any damages or losses resulting from the unauthorized use of your account. If you suspect that someone else is using your account, you can change your password and notify us of this possible breach immediately. 

5.5 You are free to update your account settings and change the display of your profile. 

5.6 Once logged into your account, you can schedule and view your history of consultations. Please read our Consultation Policy for more information.

 

6. Process of project completion

6.1 Change of details or instructions

The client is only allowed to make changes to the details of the project before the commencement date. Major changes include but is not limited to:

  • an increase in content and research

  • a change in design and structure

  • additional work hours and responsibilities in the case of virtual assistants

  • an increase in volume (for example, number of pages, length of audio and video)

 

All major changes before or after the completion of the project will result in additional fees being incurred by the client. Work on the project will be paused until the additional fee is paid by the client and received and verified by The Writing Element. Additionally, to accommodate any major changes to the project, the client agrees to a new commencement date and/or delivery date that may be requested by The Writing Element. We are not responsible for any delay in the delivery of the project caused by major changes requested by the client.

6.2 Change in delivery date

The client is allowed to reduce or increase the agreed turnaround time for the project. However, The Writing Element cannot guarantee the approval of a reduction in turnaround time which is dependent on the type of service, the details of the project and the availability of staff members. Any approved reduction in turnaround time will require additional compensation from the client. 

6.3 Materials and Software

Materials can refer to pictures, videos, gifs and audio. If the client would like a particular material to be used in the completion of their project, they must inform us of this and provide us with those materials. We are not responsible for any copyright infringement and issues resulting from the utilization of materials provided to us by you. The client is responsible for ensuring that any material used in their project does not violate any intellectual property rule or law.

If the client requires a particular software to complete their project, The Writing Element will advise if we use such software or we will provide an alternative.

6.4 Progress of project

The client can contact us about the progress of their project via the contact form on our website, live chat or via email. We highly recommend that you schedule a consultation to view and discuss the progress of your project in real time. Regarding virtual assistant services, the client will have the contact of their assigned virtual assistant to easily have discussions during the project. Before scheduling a consultation, please review our Consultation Policy.

7. Delivery of project

7.1 The client will receive their project via the email address that they provided on the quote form or in any notification of a change in email address. We are not responsible for the delay in receipt or non-delivery of your project due to technical difficulties, an incorrect email address provided by you or an outdated email address. If you are not in receipt of your project 24 hours after the delivery date, we advise you to check your junk or spam folders, or contact us for assistance. 

7.2 The client is required to confirm receipt by replying to our email that has the finished project attached. If the client does not confirm receipt within 24 hours after the delivery date, we will send a follow-up email. If a response is still not provided by the client 72 hours after the delivery date, we then assume that you have received and are satisfied with the finished project.

8. Revision of project

The client is responsible for downloading and reviewing their project. You may be able to request three free revisions up to seven days after the delivery date. After three revisions and/or the revision period of seven days has passed, we reserve the right not to grant a request to review and revise your project. If there are any major changes requested by the client during the revision period, please see 6.1. If a revision cannot be made, we will inform the client of this. 

 

9. Virtual Assistant

9.1 Our virtual assistant service is governed by the terms where applicable. Due to the nature of virtual assistant services, a separate contract will be sent to the client which will outline additional terms for the provision of this service based on the quote form and consultation with the client. This contract must be reviewed and signed by the client before this service is provided.

9.2 The Writing Element is not liable for any unwelcomed interactions or outcomes the client may experience with their assigned virtual assistant. 

10. Plagiarism

Where research is needed to complete a project, we will run a plagiarism report to determine if a revision is needed based on the plagiarism score. Acceptable plagiarism scores fall between 5% and 15%. Therefore, we will revise your project if it has a plagiarism score higher than 15%; otherwise, your project will be considered final. 

Please note that the names of people, places, organizations, reports, common expressions or phrases, among other things, are not regarded as plagiarism.

11. Feedback and Testimonials

11.1 To improve the quality of our services and introduce additional features, we may ask for your feedback at the end of consultations or after the delivery of your project. You may also voluntarily send us feedback even if you are just a prospective client. Please note that you will not be compensated for your feedback and any resulting benefits we may receive or experience. 

 

11.2 All testimonials on our website and social media reflect the actual experiences of our clients. However, we do not claim and you should not assume that these testimonials are representative of what you may experience. Please understand that individual results may vary and no one is compensated for providing us with testimonials.

 

11.3 We may ask clients to send us a testimonial after the completion of their project to show how our services are being used and to build our brand's credibility. If you decide to submit a testimonial, you can request that we change your name before posting to protect your identity.

11.3 If you decide to submit a testimonial, you understand and agree to the following:

  • you must provide us with written permission to post your testimonial on our website and social media

  • you will not be compensated for your testimonial and any resulting benefits we may receive

  • you can ask us to remove your testimonial from our website and social media after it has been posted for six months

  • if we remove your testimonial, it may still be present elsewhere on the internet which we do not control and we are not liable for any consequences you may experience because of this

 

Please note that providing a feedback or testimonial is optional. It is also not a guarantee that we will use your feedback or testimonial once submitted.

12. Use of Services

12.1 THE USE OF OUR SERVICES FOR THE PROMOTION OF DRUG USE, VIOLENCE, HUMAN TRAFFICKING, ABUSE IN ANY FORM, ACTIVISM, POLITICAL VIEWS, DEFAMATION, SELF-HARM, SEXUAL CONTENT INCLUDING PORNOGRAPHIC MATERIAL, EXPLETIVES, RACISM, DISCRIMINATION, DEATH OR ANY ILLEGAL ACT IS STRICTLY PROHIBITED.

12.2  WE RESERVE THE RIGHT TO DECLINE YOUR REQUEST TO USE ANY OF OUR SERVICES WITHOUT REASON.

12.3 YOU ARE NOT ALLOWED TO DO THE FOLLOWING:

  • REPRODUCE, CHANGE OR DISTRIBUTE THE PROJECT FOR COMMERCIAL PURPOSES

  • PRETEND TO BE ANOTHER PERSON OR A REPRESENTATIVE OF AN ORGANIZATION

  • UNLAWFULLY ACT ON BEHALF OF ANOTHER PERSON OR ORGANIZATION

12.4 YOU ARE NOT ALLOWED TO SEND SPAM AND PHISHING EMAILS OR ANY OTHER CORRESPONDENCE THAT MAY CAUSE SECURITY CONCERNS OR BREACHES.

12.5 WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR USE OF OUR SERVICES IF YOU VIOLATE ANY OF OUR TERMS.

13. Use of Website

13.1 The use of our website is intended for non-commercial use only. 

13.2 You are not allowed to do the following:

  • copy any part of this website including its content and design (some of which is protected by copyright and intellectual property laws)

  • use our website in any way that would breach any law or regulation

  • carry out any activity that would prevent other persons or entities from using our website safely

  • use robots or any automated program to access or alter our website and services

  • buy domain names that use "thewritingelement" and its variations or misspellings

14. Copyright Infringement

14.1 We do not knowingly partake in any act of copyright infringement; therefore, we are not liable for any damages or losses incurred by the client due to undetected plagiarism, copyright infringement or any breach of intellectual property laws. 

14.2 We reserve the right not to continue providing our services to you if doing so would breach any copyright or intellectual property laws.

14.3 Any feedback or suggestions submitted by you about our services are owned by us after we have received it. You relinquish all rights to any feedback or suggestion you submit to us and you understand that they may be used to improve our services.

15. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE WRITING ELEMENT WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND 'AS AVAILABLE" BASIS. WE DO NOT GUARANTEE THAT ANY OF OUR SERVICES WILL MEET YOUR REQUIREMENTS. THE INFORMATION ON OUR WEBSITE IS PROVIDED IN GOOD FAITH FOR GENERAL INFORMATIONAL PURPOSES. HOWEVER, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, AVAILABILITY AND SUITABILITY OF ANY INFORMATION ON OUR WEBSITE, OR THAT OUR WEBSITE AND EMAILS SENT FROM THEWRITINGELEMENT.COM ARE FREE OF VIRUSES, MALWARE OR ANY OTHER HARMFUL COMPONENTS. YOUR USE OF OUR WEBSITE AND SERVICES IS SOLELY AT YOUR OWN RISK.

 

WE DO NOT GUARANTEE THAT OUR WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY OR SECURE. 

WE ARE NOT LIABLE FOR ANY EXPENSES, CLAIMS, INTERRUPTIONS, LOSSES OR DAMAGES OF ANY FORM ARISING FROM YOUR USAGE OF THIS WEBSITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL THE WRITING ELEMENT, ITS OWNERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY LIABILITIES, DAMAGES OR LOSSES EXCEEDING THE AMOUNT THAT WAS PAID BY YOU TO THE WRITING ELEMENT FOR THE PROVISION OF SERVICE(S). 

 

WE ARE NOT LIABLE FOR ANY EXPENSES, CLAIMS, INTERRUPTIONS, LOSSES OR DAMAGES OF ANY FORM INCURRED BY YOU DUE TO ANOTHER PERSON OR ENTITY USING OUR WEBSITE AND SERVICES ON YOUR BEHALF WITH OR WITHOUT YOUR PERMISSION. 

THIS WEBSITE MAY CONTAIN LINKS TO THIRD PARTY WEBSITES WHICH WE DO NOT OWN, MONITOR, WARRANT, ENDORSE OR ASSUME LIABILITY FOR. 

16. Governing Law

The Writing Element terms are governed by the laws of Jamaica. For any dispute that may arise between you and The Writing Element, you agree to first contact us at admin@thewritingelement.com and try to resolve the dispute. If this dispute can only be resolved through the legal process, you agree to settle the dispute by arbitration in Jamaica, unless you and The Writing Element agree otherwise.

 

 

17. Arbitration

You and the Writing Element agree to bring the dispute on an individual basis, and not as a plaintiff, class member in any purported class or representative action. You and The Writing Element agree that the arbitrator or judge may not consolidate more than one person’s claims or preside over any form of class action or representative proceeding.

18. Contact

If you have any questions about our terms, contact us via live chat, contact form or email. 

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