1.1 These Terms and Conditions (“Terms”) govern the provision of professional Wikipedia editing services (“Services”) by James Lawrie, doing business as WikiNative (“I”, “me”, or “my”), to you (“Client” or “you”). By engaging my Services, you agree to be bound by these Terms.
1.2 I reserve the right to modify these Terms at any time without notice. Any changes will be effective from the date they are posted on my website. It is your responsibility to review these Terms periodically to ensure you remain aware of any changes.
2.1 I offer professional Wikipedia editing services, including but not limited to: article creation, editing, revision, and monitoring.
2.2 I will provide Services in accordance with Wikipedia’s policies and guidelines, including but not limited to the Neutral Point of View, Verifiability, and Notability policies.
2.3 I make no guarantees regarding the approval or publication of any Wikipedia article or any edits to the encyclopaedia, as the final decision lies with the Wikipedia community and its administrators.
3.1 You agree to provide accurate, complete, and up-to-date information for the purposes of the Services.
3.2 You warrant that you have the necessary rights and permissions to use, reproduce, and publish any content, images, or materials you provide for the Services.
3.3 You agree not to use the Services for any purpose that is unlawful, unethical, or otherwise violates Wikipedia’s policies and guidelines.
Fees and Payment
4.1 You agree to pay the fees for the Services as set out in my quotation or invoice.
4.2 Payments are due within 3 days of the invoice date. Failure to make payment within this timeframe may result in suspension or termination of Services.
4.3 All fees are non-refundable unless otherwise agreed in writing.
4.4 Commissions are collectable when one or all of the following criteria are met; the edit remains live in mainspace for seven days, the new page creation remains live in mainspace for seven days, the subject edits the page themselves, the subjects requests additional edits after the new page creation upload, Wikipedia approve the page, Google index the page.
5.1 Both parties agree to maintain the confidentiality of any information exchanged during the provision of Services, unless required to disclose such information by law or to enforce these Terms.
6.1 All content created by me for you under the Services will be published on Wikipedia under the Creative Commons Attribution-ShareAlike 3.0 Unported License (“CC BY-SA 3.0”). By engaging my Services, you acknowledge and agree that you will not own the content and that it will be subject to the terms of the CC BY-SA 3.0 License.
Limitation of Liability
7.1 To the maximum extent permitted by law, I shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the Services, including but not limited to loss of profits, loss of data, or damage to reputation.
8.1 You agree to indemnify, defend, and hold harmless James Lawrie, doing business as WikiNative, and its affiliates, and their respective officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your use of the Services, your violation of these Terms, or your infringement of any third-party rights.
9.1 These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in United Kingdom.
10.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions
shall remain in full force and effect.
- Entire Agreement
11.1 These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the parties.
12.1 No waiver of any provision of these Terms shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
- Force Majeure
13.1 Neither party shall be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable hereunder) for reasons beyond their reasonable control, including but not limited to acts of God, war, terrorism, government actions, labor disputes, earthquakes, fires, floods, or other similar events. In the event of any such delay, the time for performance shall be extended for a period equal to the time lost by reason of the delay.
14.1 You may not assign or transfer your rights or obligations under these Terms without my prior written consent. I may assign or transfer my rights and obligations under these Terms at any time and without notice, provided that I provide you with reasonable notice of such assignment or transfer.
15.1 Any notices or other communications required or permitted under these Terms shall be in writing and shall be deemed given when delivered personally, sent by email, or sent by registered or certified mail (postage prepaid, return receipt requested) to the parties at the addresses specified in the relevant invoice or quotation, or at such other addresses as either party may designate by notice to the other in accordance with this Section.
- Relationship of the Parties
16.1 The relationship between the parties under these Terms is that of independent contractors. Nothing in these Terms shall be deemed to create a partnership, joint venture, agency, or employment relationship between the parties.
- No Third-Party Beneficiaries
17.1 These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
- Dispute Resolution
18.1 In the event of any dispute arising out of or in connection with these Terms, the parties agree to first attempt to resolve the dispute amicably through good faith negotiation.
18.2 If the parties are unable to resolve the dispute through negotiation within thirty (30) days, either party may submit the dispute to mediation, conducted by a mutually agreed-upon mediator, to resolve the dispute in a timely and cost-effective manner.
18.3 If mediation is unsuccessful, either party may seek resolution through litigation in the courts located in the United Kingdom, subject to the Governing Law provision of these Terms.
19.1 The provisions of these Terms that by their nature should survive termination or expiration of the agreement, including but not limited to Sections 5 (Confidentiality), 6 (Intellectual Property), 7 (Limitation of Liability), 8 (Indemnification), and 9 (Governing Law), shall remain in effect following any termination or expiration of the agreement.
20.1 These Terms may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of these Terms delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of these Terms.
By engaging my professional Wikipedia editing services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
- Right to Refuse Service
21.1 I reserve the right to refuse service to any client at my sole discretion. This may include, but is not limited to, situations where I believe the requested service may violate Wikipedia’s policies and guidelines, involve unethical practices, or where a conflict of interest may arise.
- Client Representations
22.1 You represent and warrant that you have the legal capacity and authority to enter into and be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.
23.1 The parties acknowledge and agree that the provision of Services by me to you is on a non-exclusive basis. I shall be free to provide Services to other clients, even if they are in direct competition with you, provided that I do not breach the Confidentiality provision of these Terms.
24.1 The headings used in these Terms are for convenience only and shall not be used to limit or construe the contents of any of the sections herein.
25.1 These Terms are prepared and executed in the English language. In the event of any conflict between the English language version and any translation hereof, the English language version shall prevail.