Terms & Conditions

1. Definitions

In these T&Cs the following words have the following meanings:

Agreement: these Terms and Conditions together with the terms of any specific proposal/estimate
Client: the organisation or person who purchases services from freelance copywriter Deborah Stuttard
Supplier: Deborah Stuttard Communications. A freelancer and sole trader
Project: the work being undertaken on the Client’s behalf
Fee: the agreed fees and expenses for the Project.

2. General

These Terms and Conditions shall apply to the supply of all copywriting services by the Supplier to the Client
Before starting any Project, the Supplier shall submit an estimate which shall specify:
- the freelance services to be performed
- the fees payable.
The Client shall notify the Supplier if they do not agree with the contents of the estimate.
Copywriting services shall commence once the Supplier receives email confirmation or signed acceptance of the terms and the estimate is agreed
The Supplier shall use all reasonable endeavours to complete the services within the time frames estimated but time shall not be of the essence in the performance of any copywriting services
There is no ongoing expectation of further work once a Project is completed.

3. Agreement

This Agreement is between the Client and the Supplier. The Client wishes to engage the Supplier’s services to carry out the Project, and the Supplier has agreed to act in that capacity subject to this Agreement in return for payment of the Fee.

The Supplier retains the right to use a substitute (at their own expense) to carry out the work agreed in the Project. Where a substitute is used, the Supplier will make this clear to the Client.

4. Supplier's obligations as your freelance copywriter

The Supplier shall provide services in accordance with the provisions of the Agreement and Project
The Supplier will ensure that services under this Agreement are performed using reasonable skill and care, and are of a quality conforming to generally accepted industry standards and practices
The Supplier will use reasonable care to ensure the copy provided is the original work of the Supplier
The Supplier will use reasonable endeavours to cooperate with the Client in all matters relating to the Services and comply with the Client’s reasonable instructions, subject to the terms of the Agreement
The Supplier shall maintain insurance in relation to the provision of the Services including public liability and professional indemnity insurance at an amount not less than £50,000 per claim and shall, on the Client’s request, produce insurance certificates giving details of cover
The Supplier will strive to achieve the service levels set out in these T&Cs
The Supplier is not obligated to turn down work from other Clients at any time.

5. Use of AI

The Supplier may use Artificial Intelligence (AI) tools to assist in the creation, editing, and optimisation of content. This includes, but is not limited to, tools for grammar checking, content/idea generation, SEO optimisation, and plagiarism detection
While AI tools may be used to assist in the creation of content, the Supplier will make all reasonable efforts to verify and ensure the originality of the final deliverables.
Any AI-generated content will be reviewed, edited, and approved by the Supplier to ensure it meets the Client’s specifications and maintains the Supplier’s standard of quality
The Supplier agrees to disclose the use of AI tools in the creation of content if requested by the Client. This disclosure will include a brief description of the AI tools used and the extent of their involvement in the content creation process
The Supplier will not input sensitive or confidential information into AI tools unless it is anonymised or there is an assurance that the AI tool complies with relevant data protection standards.
The Client may not withhold payment on the grounds that an AI detection tool indicates that the content may have been written by AI. The Supplier ensures that all content, whether AI-assisted or not, meets the quality and originality standards agreed upon in this contract.

6. Working hours and practices

Regardless of whether or not a Project involves a commitment to a set number of hours, the Supplier will determine their own working methods, hours, and availability.

To minimise disruption to the Client’s Service, the Supplier will, whenever feasible, give the Client advance notice equal to the length of the planned leave period for any holidays lasting more than three working days.

7. Supplier's service levels as your freelance copywriter

The Supplier will aim to adhere to the following standards at all times:

To return all emails and telephone calls promptly. The Supplier will return calls and emails at the earliest opportunity. Where a query is flagged as urgent, the Supplier will aim to respond immediately, if at all possible. However, this cannot be guaranteed
To provide fast time estimates in response to client requests. The Supplier will respond to requests for work at the earliest opportunity. This response will include a schedule for the completion of the work requested. As a sole trader, the Supplier is not able to supply an on-demand service. However, where a request is flagged as urgent, the Supplier will aim to undertake the work as soon as possible
To provide clear and regular updates on work progress. The Supplier will keep you informed of work progress on an ongoing basis. Where it is not possible to meet your deadlines, the Supplier will notify you of this in advance. The Supplier will always aim to provide an accurate estimate of when any such work will be completed
To provide regular review meetings. The Supplier will offer the Client the opportunity to review any ongoing work at regular review meetings – the frequency and manner of which will be determined by mutual agreement. Meetings will be done either by telephone or video conferencing
To manage client approvals in a structured way. The Supplier operates a formal approval system for sign-off by the Client. Once a piece of content is completed, clients are sent a final version to approve in writing. The Supplier will not progress to the next stage until this approval is received. The Client has approval and liability of the final wording used
To respect client confidentiality at all times. The Supplier is happy to sign client confidentiality agreements. Confidential information will never knowingly be divulged to third parties except with the express permission of the Client
To manage any complaints you may have in a responsive and professional way. Should a mistake occur or should they be dissatisfied with the Service supplied at any time, it is the responsibility of the Client to let the Supplier know. The Supplier aims to resolve any mistakes as quickly and efficiently
To provide a quality and professional service. Every effort will be made to ensure that the copy supplied by the Supplier is error-free. However, the responsibility for checking for spelling mistakes and literals rests with the Client. The Client absolves the Supplier of responsibility for any costs incurred as a result of the appearance of such errors in the final published form of any collateral, whether or not these errors appeared in any draft of the copy supplied by the Supplier.

8. Fees and payment

The copywriting fees for the performance of the services and payment schedule are as set out in the proposal/estimate
In addition to payment of the Fee, the Client shall, subject to the terms and conditions of any Agreement, pay any agreed expenses set out in the proposal/estimate. The Client reserves the right to require evidence of expenses
If invoices need to be submitted against a Purchase Order for payment, the Client shall be responsible for issuing such Purchase Order before commencement of the services
The Supplier may ask the Client to pay a percentage of the copywriting project fee in advance of the commencement of the work, with a further percentage at one or more mutually agreed stages of the Project
The Client has no right to withhold or reduce payment based on its critical response to, or appraisal of, the copy the Supplier writes
If the Client agrees to a retainer, any hours set aside will be provided on a “use it or lose it” basis. This is because the Supplier may have to turn down other work to honour its commitment to the Client
After accepting any Agreement, the Supplier will prepare invoices for the Project (or quotation) and send them to the Client. The Client shall pay the Supplier the applicable amounts on the agreed dates or within 30 days of the invoice date, provided it is satisfied with the purpose for which the Fee and expenses were incurred.
Unless otherwise stated, prices and charges do not include Value Added Tax which will be added to invoices as appropriate, subject to the Supplier providing a valid VAT invoice
Debt recovery costs and interest are chargeable in accordance with The Late Payment of Commercial Debts Regulations 2013. The Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at the current rate of interest per annum above the current base rate of the Bank of England. See Pay On Time for up-to-date details.

9. Client obligations

To enable the Supplier to perform its obligations under this Agreement, the Client shall:
- Co-operate with the Supplier
- Provide any information reasonably required by the Supplier
- Obtain all necessary permissions and consents which may be required before the commencement of the services; and
- Comply with such other requirements as may be set out in the proposal/estimate
In the event that the Client does not make use of any work produced in accordance with the proposal/estimate, the Client agrees to absolve the Supplier of all responsibility for any loss of income or for any costs or damages suffered as a result of any delay which has been caused to its business or to the business of any third party
If the Client has appointed the Supplier to write copy, but decides not to make final copy revisions until a later date, the Supplier reserves the right to charge for the project in full as soon as they have submitted the latest draft
Should the Client, for any reason, fail to maintain communication with the Supplier with regard to a freelance copywriting project which it has contracted, the Supplier will issue an invoice for payment as per the agreed and signed terms. The Supplier will consider failure to maintain communication as a period of 21 days. All reasonable attempts to make contact will be made by the Supplier during this period.

10. Limitation of liability

Whilst the Supplier makes every effort not to breach any copyright, should any action arise as a result of using the Supplier’s services, the Client shall hold the Supplier harmless against any liability anywhere in the world, including liability arising from copyright infringement and libel. The Client agrees to indemnify the Supplier against any claim for compensation or damages brought about as a direct or indirect consequence of the work provided to the Client. The Supplier does not assume responsibility for verifying legal compliance, and the Client agrees to assume full responsibility for any legal review, approval, and adherence to applicable laws and regulations.

11. Review

The Client and the Supplier shall have the right during the term of this Agreement to review the manner, efficiency and effectiveness with which each party has performed its obligations thereunder. If at the time of such review, or following such review, either party considers that improvement is necessary, and it is within the jurisdiction of the party to effect such improvement, such remedial action shall be undertaken. Any default on the part of the Client or the Supplier to take such remedial action shall constitute a breach of this Agreement.

12. Termination of copywriting services

Without prejudice to other rights, either party shall have the right forthwith to terminate this Agreement and to claim for any resulting losses or expenses if:
- The other party commits a breach of this Contract and fails to remedy the breach within a reasonable time or a written notice to do so
- The other party commits a material breach of this Agreement which cannot be remedied under any circumstances
- The other party commits any act of bankruptcy, or compounds with its creditors, or a petition or receiving order in bankruptcy is presented or made against it, or a petition for an administration order is presented in relation to it, or a resolution or petition to wind up the other party is passed or presented or a receiver or administrative receiver is appointed.
At the conclusion of any retained period, either party may terminate the contract without prior notice or penalty. If the Client terminates the contract during the retained Period, full payment for the retained period is required.
Termination of the contract shall not relieve either party of any obligations or liabilities accrued prior to the termination date.

13. Intellectual Property Rights

When the Client commissions the Supplier to write copy, the Client is purchasing the copyright in the work. This is assigned to the Client on receipt of full and final payment of all fees due. The Supplier retains the copyright until the agreed payment has been paid in full. If the Supplier is not paid, they reserve the right to refuse the use of the text written for any purposes.s.

14. Force Majeure

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

Force Majeuer shall not include the illness or incapacity of Deborah Stuttard. Where Deborah Stuttard is unable to meet the terms of this agreement due to prolonged illness, and a substitute is not offered, any remaining balance from the fee will be refunded.

This Agreement is subject to Scots Law and the Scottish Courts shall have jurisdiction.

Deborah Stuttard Communications