Terms

Terms and Conditions

Please read these terms and conditions as any work I do for you will be subject exclusively to them.

Copyright

 Once you have paid in full all fees due, I will assign to you, to the extent that I am lawfully able, the copyright to all materials that I write for you.

However, I retain the right to use extracts of my work for my own marketing and advertising purposes unless you specifically forbid this and we sign a confidentiality or non-disclosure agreement.

If, as part of your project requirements, you include materials written by someone else, I will make every reasonable effort to ensure that I do not inadvertently breach their copyright. However, you confirm that you are authorised to send me the material for my use, either as reference material or to form part of a new piece of work, and in doing so you will not infringe the copyright or other rights of any third party, and you agree to indemnify me against any loss, damages, costs or expenses or other action arising, directly or indirectly, as a result of use of this content.

Client confidentiality

Please refer to my Privacy Policy.

I will keep confidential any information you disclose to me and that you designate as confidential in relation to any work I do for you under these terms. This does not apply to any information which is public knowledge at the time you provide it or that becomes public knowledge through no fault of mine. You agree to indemnify me against any loss, damages, costs or expenses or other action whatsoever by you or a third party associated with the accidental disclosure or loss of this information.

Process and timescale

I charge by the project and will provide you with a quote based on information that you provide to me. Please answer my questions as fully as you reasonably can as this information, along with these terms, forms part of our contract. Any changes or additions to this original brief may incur an additional charge. Unless otherwise agreed, each quote includes an initial draft and two revisions.

Please contact me to discuss amendments or revisions within five working days of you receiving any draft from me. If you need longer, please let me know as I may have to charge extra if you ask for amendments or revisions outside of this timescale.

Advice

 If I provide you with any advice on, for example, format or medium, I do this in good faith based on my knowledge of your needs and within my specific area of expertise. You will therefore be fully responsible for and indemnify me against any loss, damage, consequential loss or costs or other claims arising from any actions you take, or refrain from taking, as a result of acting on my advice.

Results

Payment is not contingent on results. I cannot guarantee:

  • the effectiveness or success of creative work, reports, plans or consultancy
  • the achievement of any of your objectives
  • the consequences of implementing any recommendations I make.

You accept that you have full responsibility, and I have no responsibility, for the success or failure of your products or services and for achieving sales targets or other performance measures.

Payment

Payment is strictly 14 days from the invoice date. I reserve the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998.

In some instances I may require a proportion(s) of my fee to be paid in advance. Where I do request an advance payment, I reserve the right not to provide my services until the payment is made.

Conflicts of interest

I will not take on a project with a client if that would create a conflict of interest with an existing client and I reserve the right to withdraw where a conflict arises. If I have a current contract with you, I will check with you before taking on any projects that could create a conflict of interest. However, I will have the sole right to determine where such conflict of interest exists.

Cancellation

If you wish to cancel your project and withdraw your instructions, I will need written notice and you will remain liable for a reasonable proportion of the total fees incurred up to the date that I receive your written notice. If you cancel the project after I have received written confirmation but before I submit the first draft, a cancellation fee of 50% of the total fee will be due. If you cancel the project after I have submitted the first draft, the fee will be payable in full.

Liability

I will take all reasonable care to ensure that any copy I submit to you is free from spelling mistakes and other literal errors. However, you agree that you are responsible for final proofreading and I will not be liable for any loss, damage, consequential loss or cost incurred whatsoever by you or any third party arising from the direct or indirect use of copy I supply to you.

You will therefore be fully responsible for and indemnify me against any loss, damage, consequential loss or costs or other claims arising from any errors in any printed or published form or arising in any manner whatsoever from the direct or indirect use of copy supplied by me or from the reproduction without proper reproduction rights of any words or phrases I supply to you.

You must ensure that all rights, consents and permissions are obtained to use the copy I supply to you. I do not confirm, suggest or imply that any relevant permissions have been obtained. You will indemnify me against any loss, damage, consequential loss, costs, or other claims that arise relating to the use of names, titles, trademarks, brands or similar.

Applicable law

 The laws of England and Wales will govern this agreement.