Although I have excellent relationships with my clients, in the unlikely event of a dispute arising it is important to have clarification of terms and conditions from the outset.
Commissioning Work from me deems acceptance of these terms which form part of the contract between us, take precedence over any other terms and conditions, express or implied, that you or your company may follow as general practice, or send to me unless such terms and conditions are accepted by me in writing. No addition or variation to these terms and conditions will be binding unless it is agreed by me in writing. I reserve the right to amend or vary these terms and conditions at any time without notice but if they are amended, I will send you an updated copy.
1 Confirmation of Contract: A job is confirmed and a contract made, when I receive an email confirmation from the client that you are commissioning the Work based on the quotation that has been provided. The quotation provided by me will set out the nature of the Work (the Work), the budget and the deadline discussed with you. If you require any amendments please set these out in your email. Such amendments may change the quote given and, I reserve the right to amend and reissue it accordingly. Any brochures or examples of my Work provided by me are for description purposes and they are not representations about my Work nor will they be contractually binding.
2 Contracting on behalf of another client: If the Work I am to undertake is on behalf of anyone other than yourself including another individual or company or other business entity, you warrant that you are authorised to enter into a contract on their behalf providing satisfactory evidence, and you agree to remain responsible for all costs and fees of the client.
3 Creative brief: A creative brief will be provided by the client outlining the requirements of the Work. Whether written or verbal, you accept responsibility for any ambiguities or inaccuracies in the resulting copy and I reserve the right to increase the fees, including any further costs incurred for rewrites. In these circumstances any later changes to the brief must be communicated to me as soon as possible, with allowance for an increase in fees where necessary.
4 Services and deadlines: I will use all reasonable endeavours to provide a professional service by the agreed deadline, but time shall not be of the essence. If for whatever reason, I cannot make the deadline I will inform you as soon as this becomes apparent. Equally, should the failure arise as a result of any direct or indirect acts or omissions by you, for example you do not provide me with sufficient information to complete the Work on time, I will not be liable for failing to make the deadline.
5 Meetings and Revisions: The client is allowed one briefing meeting and one revision of each piece of Work which will be included in the quotation thereby, not incurring additional charges. Should the Work commissioned be preparatory Work that takes the form of written Work to be presented to the client, such as developing ideas for a brochure, website or marketing campaign, this will be charged at my usual daily rate as provided by me in the quotation, without revisions. If the client wishes to then commission Work based on these ideas, this Work will be charged at the daily rate and the client may ask for one revision of this piece of Work without incurring further charges. If for some reason the client is not satisfied with the Work produced, it is essential that you discuss it immediately with me so we can endeavour to resolve the issue. You do not have the right to withhold or reduce payment based on any dissatisfaction with the copy provided, and you acknowledge my right to pursue payment in full should you elect to do this. You do, however, have the right to cancel any outstanding Work in writing by giving 7 days notice once the Work already produced is paid for in full.
6 Fees, Invoicing and Payment: A fixed fee will be quoted for each piece of Work, based on your written or verbal brief. As stated above such fixed fees may change if they are amendments or additions to the brief. I am also happy to quote for a monthly retainer at a pro-rata fee. I reserve the right to charge a higher fee for “rush” jobs, weekend and bank and public holiday working, when it is required by the client and for travel costs for any round trip of more than 40 minutes. Work is invoiced on completion unless otherwise agreed in writing or provided for in the quote and payment will be made by electronic funds payment directly into my bank account, the details of which will be set out in the invoice, within 14 days of invoicing or by cheque by agreement in writing. Please note, as I Work as an individual I am able to keep my fees competitive, however, I reserve the right to charge interest at 3% on any late payment of an invoice which shall accrue from the date the fees are due until the date of payment. I also reserve the right to terminate the contract in relation to future Work if the client fails to settle the account within 7 days of the due date for payment. I may in some cases agree a payment on account of the Work, such payment will be deducted from the first invoice or monthly payment thereafter until used in full. Prices are not subject to Value Added Tax.
7 Errors and literals: Once a piece of Work is completed the client accepts responsibility for any further processes in which this Work is used, including without limitation, marketing, printing, online publication etc. As the copywriter, I am not responsible for errors or literals occurring in this Work or projects related to it, after acceptance of this Work or for any claims that the Work breaches the intellectual property rights of any third parties and the client agrees, to indemnify and keep me indemnified against any costs, losses, expenses or otherwise incurred and any claims brought about as a direct or indirect consequence of the preparation, process or use of the Work.
8 Intellectual Property: The intellectual property rights in the Work shall remain my property until such time as the Work has been paid for in full, in cleared funds. Once all the fees are paid in full, the intellectual property in the Work will automatically transfer to you but, I reserve the right to use samples of your Work to promote my services to other clients. The intellectual property rights in the brief information provided and literals, shall at all times be the property of the client.
9 Liability Limitations: Nothing in the contract or these terms and conditions shall exclude or limit my liability for death or personal injury caused by my negligence or for fraud or fraudulent misrepresentations.
Subject to the paragraph above:
9.1 I shall under no circumstances be liable to the client whether in contact tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, or indirect or consequential losses arising under or in connection with the contract, these terms and conditions and/or the Work; and
9.2 My total liability in respect of all other losses arising under or in connection with the contract, these terms and conditions and/or the Work in each year whether in contract, tort (including negligence) breach of statutory duty or otherwise, shall in no circumstances exceed the amount received in cleared funds, in aggregate by way of fees for the Work undertaken.
10 Breaches and Insolvency: I reserve the right at any time during the contract to terminate the contract forwith and/or claim damages if the client breaches the contract or becomes insolvent within the meaning of the Insolvency Act 1986.
11 Disputes: Any disputes regarding the Work shall, wherever possible, be resolved between us and each party will act in good faith to resolve it. Neither party proceed to litigation until the parties have used all reasonable endeavours to resolve the dispute for a period of no less than 10 working days.
12 Applicable Law: these terms and conditions shall be subject to English Law and the English Courts shall have the exclusive jurisdiction to settle any disputes.
Creative, affordable copywriting that will help you sell your products and services. From blogging packages and web content to press releases and e-marketing, we offer professional copywriting in Huddersfield and Leeds and across West Yorkshire and the UK.
Read my monthly column in The Eye magazine, interviews with top authors in Excelle magazine, features written for Around Town magazine and a variety of articles written for the national press.
From Joanne Harris to Iain Banks, find out more about events with bestselling authors and creative writing courses in Huddersfield run by Key Words.
For business there’s a choice of Writing for Business seminars, one-off masterclasses and speaking engagements, as well as our monthly Coffee & Cake Business Network event at Café Society in Huddersfield