Here are my freelancing T&Cs in full.
In this document the following words shall have the following meanings:
- “Agreement” means these Terms and Conditions together with the terms of any applicable proposal/estimate
- “Client” means the organisation or person who purchases services from freelance copywriter Deborah Stuttard
- “Supplier” means Deborah Stuttard Communications. A freelancer and sole trader
- “Intellectual Property Rights” means all patents, copyright and related rights, moral rights, goodwill, rights to use, and protect the rights and all other intellectual property rights, in each case whether registered or unregistered or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world
- “Project” means the work being undertaken on The Client’s behalf. Additional Projects may be agreed by the parties in writing
- “Fee” means the agreed fees and expenses for The Project, or for ongoing projects in line with quotations provided and pre-agreed in advance of work commencement.
- These Terms and Conditions shall apply to all contracts for the supply of copywriting services by The Supplier to The Client
- Before starting my freelance copywriting services, The Supplier shall submit a proposal/estimate which shall specify the freelance services to be performed and the fees payable. The Client shall notify The Supplier if they do not agree with the contents of the proposal/estimate. The proposal/estimate shall be subject to these full Terms and Conditions
- Copywriting services shall commence once The Supplier receives email confirmation and/or signed acceptance of the terms and that the proposal/estimate is accepted and agreed
- The Supplier shall use all reasonable endeavours to complete the services within 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.
This Agreement is between the Client and the Supplier, in that the Client wishes to engage the services of the Supplier to carry out The Project(s), and the Supplier has agreed to act in that capacity subject to the terms and conditions of this Agreement.
In return for payment of the Fee, the Supplier agrees to carry out the Project, subject to the terms and conditions of this Agreement.
However, the Supplier retains the right to use a substitute (at their own expense) to carry out the work agreed in the Project. Where work is outsourced and 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 the services in accordance with the provisions of the Agreement and Project
- The Supplier will ensure that freelance copywriter services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices
- The Supplier will ensure that the deliverables are original works of the Supplier and do not infringe the Intellectual Property Rights of any third party
- The Supplier will use reasonable endeavours to co-operate 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 clause 6.
The Supplier is not obligated to turn down work from other Clients at any time.
5. 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.
6. 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. Where feasible, 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 and may include face to face meetings, telephone or video conferencing depending on the Supplier’s availability
- 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 final wording used
- To respect client confidentiality at all times. The Supplier aims to develop client relationships that are based on trust and confidence. The Supplier is happy to sign client confidentiality agreements. Confidential information will never knowingly be divulged to third parties except with your express permission
- To manage any complaints you may have in a responsive and professional way. The Supplier endeavours to provide a consistently excellent service at all times. Should a mistake occur or should you be dissatisfied with the service supplied at any time please 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 copy is free of spelling mistakes and other literals. 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.
7. COPYWRITING 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
- In the event that procedures require that an invoice be submitted against a Purchase Order for payment, the Client shall be responsible for issuing such Purchase Order before the commencement of the services
- The Supplier may ask you 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
- Following acceptance of any Agreement, The Supplier shall prepare invoices in respect of the Project (or quotation) to be sent to the Client, which shall, provided it is satisfied for the purpose for which the Fee and expenses claimed were incurred, pay the relevant sums to the Supplier on the agreed dates or within 30 days of the date of invoice
- 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.
8. CLIENT OBLIGATIONS http://www.payontime.co.uk/legislation/legislation_main.html
- 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.
9. 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 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 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.
11. 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
- Termination shall not affect a party’s accrued rights or liabilities arising prior to such termination.
12. 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.
13. 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 shall be subject to the laws of England and the Courts of England shall have exclusive jurisdiction.