Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://raindustmedia.com website (the “Service”) operated by Raindust (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Raindust and its licensors.

Work Product Ownership

Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by Raindust in connection with the Services will be the exclusive property of Client.

Upon request, Raindust will execute, within a reasonable period of time, all documents necessary to confirm or perfect the exclusive ownership of Client to the Work Product.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Raindust.

Raindust has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Raindust shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Refund Policy for Services and Digital Products

Raindust LLC aims to provide high quality services and products for Client. Given that Raindust LLC offers non-tangible, irrevocable goods and services, a strict no refund policy remains in place.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

TERMS & CONDITIONS OF SERVICE AGREEMENT

NOTICE: These terms and conditions constitute a contract between Raindust LLC (the “Business”) and Buyer (the “Client”) upon placing an order with Raindust Media. It is the Client’s responsibility to carefully read these Terms and Conditions (“Terms”) prior to purchasing products or booking services.

TERMS

DESCRIPTION OF SERVICES

Business will provide the following services (collectively, the “Services”):

Editing, writing, and/or proofreading text which may include any or all of the following:

Manuscripts
Web content
Business documents
Blog posts
Web/marketing copy
Emails

PROOFREADING

Text will be proofread for the following:

Spelling and typos
Punctuation
Grammar

EDITING

Text will be edited for the following:

Punctuation
Word choice
Spelling and typos
Grammar and syntax
Style and tone according to subject/audience
Suggestions to improve clarity and cohesiveness.

EDITING + PROOFREADING

Text will be edited and proofread in two phases.

Phase One: Text will be edited for spelling and typos, punctuation, grammar, syntax, style and tone according to subject/audience, word choice, and suggestions to improve the clarity and cohesiveness.

Phase Two: Once your text has been edited and you have made all desired changes, your text will, then, be proofread and for spelling and typos, punctuation, and grammar.

MONTHLY PLAN

Monthly plan includes Editing, Proofreading, or the Editing + Proofreading combination–inclusive of respective aforementioned services–of any number of documents up to 35,000 words in a 30 day period. Additionally, the monthly plan includes unlimited revisions within a 45 day period–from the order date–of all included documents in your order within a chosen month.

PAYMENT

Client agrees to pay all fees, in full, upon order placement, unless otherwise agreed upon in writing. In the case of monthly plans, fees will be automatically deducted from chosen payment method every month. Client may cancel at any time by notifying the Business in writing. Prices are outlined in our pricing guide.

Regarding manuscript writing, ghostwriting, editing, and/or proofreading, Client agrees to pay full fee or previously agreed upon partial fee, no less than 50% of total cost, upon engaging Business services. In the event that Client has paid a partial upfront fee, the remaining fees must be paid at the time of service completion. The finished product will, then, be released to the Client upon successful payment of said fees.

In addition to any other right or remedy provided by law, if Client fails to pay for the Services when due, Business has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.

TERM

This Contract will remain in effect for the entire duration set forth in the applicable Order.

REFUND POLICY FOR SERVICES AND DIGITAL PRODUCTS

Raindust LLC aims to provide high-quality services and products for Client. Given that Raindust LLC offers non-tangible, irrevocable goods and services, a strict no refund policy remains in place.

RELATIONSHIP OF PARTIES

It is understood by the parties that Business is an independent contractor with respect to Client and not an employee of Client. Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Business.

WORK PRODUCT OWNERSHIP

Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by Business in connection with the Services will be the exclusive property of Client.

Upon request, Business will execute, within a reasonable period of time, all documents necessary to confirm or perfect the exclusive ownership of Client to the Work Product.

CONFIDENTIALITY

Business and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Business, or divulge, disclose, or communicate in any manner, any information that is proprietary to Client. Business and its employees, agents, and representatives will protect such information and treat it as strictly confidential.

This provision will continue to be effective after the termination of this Contract. Any oral or written waiver by Client of these confidentiality obligations which allows Business to disclose Client’s confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.

Upon termination of this Contract, Business will return to Client all records, notes, documentation, and other items that were used, created, or controlled by Business during the term of this Contract.

WARRANTY

Business shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Business’ community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Business on similar projects.

DEFAULT

The occurrence of any of the following shall constitute a material default under this Contract:

The failure to make a required payment when due.
The insolvency or bankruptcy of either party.
The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
The failure to make available or deliver the Services in the time and manner provided for in this Contract.

ATTORNEYS’ FEES AND COLLECTION COSTS

If there is a dispute relating to any provisions in this Contract, each of the parties shall be responsible for, and pay in their entirety, its respective fees, costs, and expenses incurred, including but not limited to all out-of-pocket costs of collection, court costs, and attorney fees and expenses.

REMEDIES

In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the

Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.

FORCE MAJEURE

If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

DISPUTE RESOLUTION

The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

ENTIRE AGREEMENT

This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

SEVERABILITY

If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

AMENDMENT

This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.

GOVERNING LAW

This Contract shall be construed in accordance with the laws of the State of Georgia.

NOTICE

Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

WAIVER OF CONTRACTUAL RIGHT

The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.

CONSTRUCTION AND INTERPRETATION

The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.

ASSIGNMENT

Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.

By checking the Terms & Conditions box on the checkout page and placing an order, you are stating that you agree to these Terms & Conditions.

Contact Us

If you have any questions about these Terms, please contact us.

Terms and Conditions