The Writing Guru – Terms of Service as prepared by Wendi Weiner, Esq.
COPYRIGHT PROTECTION: All information contained within www.writingguru.net is copyright protected under the Digital Millennium Copyright Act of 1998 (DMCA). This Terms of Service and the website contents of www.writingguru.net is the intellectual property of Wendi Weiner, Esq. and The Writing Guru; therefore, copying this terms of service and/or website contents by any means (for financial gain by another writer or other use) is expressly precluded without written permission from Wendi Weiner, Esq., and will be enforced to the full extent of the law. Please note that The Writing Guru is trademarked by the USPTO (registration # 5131586).
TERMS AND CONDITIONS: All writing projects commence upon rendering of full payment via PayPal (or Square) to The Writing Guru LLC (hereinafter “Company”) and in order to hold a client’s spot in our project rotation. A quoted project date will be confirmed at the time of payment, and may be different than what was initially quoted in the consultation prior to payment being made as project dates are based on a first-come-first-served basis. Priority is set by payment made. Client (defined as person making payment to Company) understands that writing is a creative personalized service, and as such, payment is nonrefundable and cannot be split, or canceled except as outlined in this Terms of Service. Client shall use Square or PayPal for payment transaction in order to purchase writing services. Client agrees that by making payment to Company for services constitutes acceptance of this Terms of Service. Failure to read the Terms of Service in its entirety does not constitute waiver of the Terms or its application.
Writing projects will be completed in a timely manner with an emphasis on quality over quantity. Client understands and recognizes that Company has a busy writing practice with large volumes of bookings for writing projects and seminars and thus, from time to time, the time frame may need to be extended by a few days. Company will advise Client of any additional time needed. For resumes, cover letters and LinkedIn profile projects, the initial draft will generally be provided within 14-21 business days of receipt of payment provided the questionnaire and required documents are provided timely and barring any delays due to Company’s current project rotation. Revisions and edits for all writing projects take approximately 3-7 business days. The exact delivery date of the final draft will be determined by agreement of both parties. Company reserves the right to extend the time for delivering project documents during high influx periods of projects or unforeseen circumstances such as illness, hurricanes, global pandemics, and/or other extenuating health or family emergencies (see force majeure clause below). Absent express agreement by Client and Company, no contractual rights of the Client may be assigned to a third-party even if the third-party is retaining the benefit of the writing service.
All resumes include revisions with limitations as expressed herein. After the initial resume draft is delivered, Client will have up to 7 days to review the draft and Company will arrange for a project strategy session call to fully discuss changes that Client is requesting. Failure by Client to be available for the strategy session call or to timely request edits/revisions (by phone or email) within the 7 days constitutes acceptance of the draft and finalization of the work product. Any additional edits or consulting time beyond the project scope and time frame are billed at the rate of $350 per hour should Client request such edits. Projects will be closed out within 30 days from the date of delivery of writing documents.
It is incumbent on Client to be fully prepared for the post-resume delivery strategy session call. The edited resume draft (presented in 5-7 business days) will include Client’s recommended edits subject to any express recommendations that do not comport with industry standards. Once the edited draft is presented to Client for review, it is for purposes of final proofreading to the edits made on the second draft. Client will send an email to Company providing any minor edits to finalize the resume. No major re-writing or overhauling/adding of information will occur at the third proof stage or it will be construed as additional consulting (billable at the rate of $350.00 per hour). LinkedIn profiles include one set of revisions (request made via writing). A master cover letter template is provided to the client at no additional charge at the conclusion of a project. If Client wants a customized cover letter for a particular role and targeted with additional details, this will be construed as additional consulting time.
For resume projects, Client understands that completion of the resume questionnaire is an intricate part of the writing process and, therefore, Client agrees to provide all necessary information to Company. Client’s written documents will be prepared from the data acquired from Client’s existing resume that was reviewed prior to the project beginning (if applicable), the data provided on the resume questionnaire, as well as any additional information client provides to Company. Clients who fail to complete questionnaire or intake process will be subject to incomplete information in their new resume and/or subject to additional fees for additional consulting time.
PROJECT DELAYS ON PART OF CLIENT: Client agrees to make reasonable efforts to be available by e-mail or telephone to answer questions during the intake and writing process, if necessary, in order to expedite production and obtain pertinent information about Client’s work experience and accomplishments, or to clarify data that appears inconsistent. Failure of Client to be available for strategy session calls and/or provide the required information (questionnaires, supporting documents, etc.) to Company per the required timeline based on project delivery will result in delay on the project. Client understands that the questionnaire must be provided to Company ahead of the resume overhaul process, and that any delays on the Client’s behalf in submitting the completed questionnaire will cause the Client’s project to be delayed and placed into the rotation of Company’s current project schedule, which can extend the project 14 days or longer. In order to ensure that project delivery remains consistent with Company’s schedule, Clients will have a maximum of 45 days from date of project booking and receipt of questionnaire to submit project documents to Company. If Client fails to comply with any of the procedures and processes, Company reserves the right to terminate the project and/or assess a restart/reactivation fee as discussed below.
DELAYS/ADMINISTRATIVE HOLD ON PROJECTS: Absent express agreement between the parties and barring any serious medical or personal emergencies, Client’s failure to provide timely questionnaire responses, supporting resume documentation, or other required documents to complete the initial resume draft within 45 days from date of payment will cause the project to be placed on an administrative hold. If a resume project is on hold for more than 90 days due to client’s failure to adequately communicate or provide information needed to complete the resume project, a 10% reinstatement/reactivation fee will be assessed for Company to re-commence work on the project and allot time on its calendar. Any projects that remain in Company’s queue longer than 120 days (4 months) will be subject to a 20% reinstatement/reactivation fee and projects that remain in Company’s queue longer than 180 days (6 months) will be subject to a 25% reinstatement/reactivation fee. Projects that remain stagnant after 270 days (9 months) are subject to a higher reinstatement/reactivation fee or potential cancellation. Should Company raise its prices while Client’s project is delayed, Client will be subject to the higher pricing point when Client returns to reinstate project.
PROJECT PRICE: Client acknowledges and understands that the project price takes into account Company’s expertise, skill and time, and projects are based on complexity of project. Further, the project price takes into account: (1) Client intake time, including e-mails back and forth between Company and Client concerning the project, (2) content writing, (3) typesetting/design/layout, and (4) proofreading and editing. Client further acknowledges and understands that once payment is made, should Client wish to cancel project, a penalty will be assessed as follows: cancellation after project is paid for, but before writing has begun: a full refund will be made less any PayPal/Square transaction fees and a 15% cancellation fee; cancellation after work has begun, but before first draft is provided to Client: 50% of total project price is retained by Company; cancellation after first draft is provided to Client: 100% of total project price is retained by Company.
Client’s project will be created by Company based on information provided at the time of initial consultation and information provided on the resume questionnaire or other submitted information/documents. If Client submits large volumes of supplemental documents for Company to review in order to craft new resume, those will be billed at additional hourly costs of $350 per hour. If additional or new information is introduced after first draft is provided, additional fees for consultation, writing, or revisions may be applicable. If Client fails to submit the correct information or omits information needed to create the ordered document(s) accurately, Company is not obligated to include this information after the client documents have already been started. If Client fails to provide truthful career information to Company during the course of the project, and Company learns of it, Company may elect to immediately terminate the project.
PROOFREADING, EDITING, AND ADDITIONAL WORK OUTSIDE PROJECT SCOPE: While Company will make every effort to ensure that the career documents are 100% free of errors, proofreading is the responsibility of the Client. Client must review proof/draft copies and request revisions (by either partaking in a strategy session call for resume projects or providing specific instructions for changes in writing for all other writing projects – LinkedIn, cover letter, bio) within 7 days of receipt of draft unless special arrangements are made and agreed to by Company. Failure of Client to request edits within 7 days of receipt will constitute acceptance of the draft, render it as final, and avail Company from any further responsibilities on the project.
If additional changes are needed after delivery of final draft, any such changes are subject to additional charges at the rate of $350 per hour. Projects will be closed out within 30 days from the date of delivery of all writing documents, including corporate projects.
ADDITIONAL A LA CARTE/ADD-ON ITEMS: Our resume projects come with one (1) complimentary cover letter written at ~200 words to serve as a master template. Client is responsible for tweaking the cover letter as needed for job search purposes. Sculpted cover letters for additional jobs or different targets are available for an added fee of $350-$500. We provide other add-on items as follows: Reference Page $250-$350. Thank You/Follow-Up Letter/E-Notes: $250-$400. Individual strategy and coaching calls are billed at $495-$595 an hour.
PAST CLIENT RESUME & LINKEDIN UPDATES: Resume and LinkedIn updates for previous clients range from $700 to $1,400 depending on complexity of content to be added and work to be performed. All updates are geared to include an update to the original resume template, enhancement of the aesthetics, and alignment with current resume trends and LinkedIn best practices.
PROFESSIONAL FREELANCE WRITING & EDITING: Freelance writing and editing projects for websites, books, articles, business needs, essays, personal statements, and other custom services will be billed at the rate of $350 per hour with a minimum of 2 hours of work OR priced at per word, with prices ranging from $2.00 to $3.00 per word depending on the complexity of the project.
RUSH FEES: We book out at least 3-4 weeks for projects. For those clients whose needs are more urgent and require less than a 14-day turnaround, we do offer RUSH writing project delivery for an added fee of $1,000. If rush work is required over a weekend, it is an additional $750.
ACCEPTANCE OF CAREER DOCUMENTS: After career documents are provided to Client, Client must approve said documents or request changes within 7 days. After 7 days, the project will be considered approved and complete. Failure of Client to partake in the editing process, authorize revisions, or approve career documents will constitute acceptance of them as the final draft. Any additional work thereafter will be billed as additional consulting work.
CORPORATE BRANDING PROJECTS/OUTPLACEMENT PROJECTS: Company routinely engages in corporate branding projects for LinkedIn profiles and other writing and career-focused services. At all times material, the corporation/entity hiring Company is construed as the “Client,” and any employee, current or former, is construed as the “Intended Beneficiary.” This means Company does not have an independent contractual relationship with the Intended Beneficiary and the Intended Beneficiary may not have any claims against Company except for the performance of the Company’s obligations to the Client. Outplacement projects will have a “must use by” date for services (30 days unless so stated). The terms and conditions expressed in this Terms of Service as to liability, waiver, privacy/confidentiality, proofreading/editing, truth/veracity of career dates/information, etc. apply to Intended Beneficiary and Intended Beneficiary is expected to comply with Company’s policies at all times during the project and scope of work.
LIABILITY: Company is not liable for any inaccurate, incorrect, or misleading information in the prepared materials as Client is required to review the materials and approve the entire content prior to final delivery. Company is not responsible for the accuracy or truthfulness of the information provided by client. Company is not responsible for consequential damages of any kind that Client may incur from inaccurate documents, edits to documents at Client’s request that coincide with Company’s expert recommendations of best resume practices, or while utilizing Company’s resume writing services, and Client agrees to hold Company harmless from any such liability. Should Client wish to file suit against Company, the jurisdiction/choice of law shall be in Florida and each party shall bear its own costs in filing suit. Company maintains that once Client is in possession of Company’s work product, and due to equitable law, absolutely NO refunds will be permitted.
Company maintains that it cannot guarantee interviews or jobs or career outcomes as market conditions vary and it is incumbent upon Clients to aggressively partake in the job search process, including properly applying for qualifying positions that Client meets the requirements for. Additionally, company is not responsible for Client’s use or non-use of the resume or writing project.
WAIVER OF RESPONSIBILITY: During the editing/revisions phase of the career documents (i.e. resume and LinkedIn profile), Company will provide counsel via phone and/or by email to Client pursuant to industry best standards as part of Company’s diligent training, credentials, and professional development. If Client seeks to make changes in the style, layout, and/or wording of the professional resume, LinkedIn profile, or other career documents written by Company that do not align with current resume practices or industry best standards, Company will advise accordingly and make changes that appropriately align. Company waives any and all responsibility to Client if changes are made to the career documents which Company does not expressly advise on, agree to, or to which company strongly discourages. Should Client wish to return the career documents to their original recommended form at a subsequent date or make further changes, an additional fee will be assessed based on the time required to complete the revision(s).
FORCE MAJEURE: In the event either party (Company or Client) is unable to perform its obligations under the Terms of Service because of acts of God, natural disaster (pandemic, fire, earthquake), governmental action, severe illness requiring hospitalization, communication disruption, strikes, equipment, or transmission failure or damage reasonably beyond its control, the party shall not be liable for any damages resulting from such failure to perform. In the event of any such excused delay, the time for performance of such obligations (other than a payment obligation) shall be extended for a period equal to the time lost by reason of the delay. Written notice must be provided to the other party of the nature and extent of any such force majeure condition and the affected party must use commercially reasonable efforts to remove any such causes in order to continue performance under this Terms of Service as soon as reasonably practicable.
If the force majeure event remains in existence beyond 60 days, Company or Client may terminate this Terms of Service upon providing written notice. If termination occurs, all monies due and owing to Company are immediately payable to Company.
PRIVACY: Company advertises through social media communications and various networking arenas. Company expressly agrees that it will not share any Client’s personal information (name and company worked for) unless (1) Client grants permission to Company to use as a testimonial or sample, and (2) such information is ordered by local, state, or federal officials regarding investigation or a lawsuit.
INTELLECTUAL PROPERTY: Company owns all of the content and information posted on this website, and no one may copy, distribute or use any content including this Terms of Service, that for financial gain, without the express consent of Company. Company reserves the right to update this Terms of Service at any time, and Client expressly agrees to abide by the Terms of Service.