Terms of Business
I pride myself on being helpful and flexible, but it’s a good idea for us to have an agreement written so we both know what to expect. I believe agreements like this should be easy to understand, so I’ve made sure this one uses clear language. Having said that, if anything is unclear, ask me. I’ll be happy to clarify.
In order for me to start working on your project, I need you to confirm that you have read and agree to these terms.
What do we both agree to do?
As my client, you agree:
- You have the power to enter into this contract on behalf of your organisation.
- To provide me with everything I need to complete the project, when I need it.
- To review my work, provide feedback and sign-off within agreed timescales.
- To stick to the payment schedule described in the final agreement.
As the writer, I agree:
- I have the experience and ability to perform the services you need from me.
- I will carry this service out in a professional manner.
- I will respect the confidentiality of any information you give me.
The service I provide to you
I will create text and/or articles for you as described in the assignment which will be forwarded to you after I receive the brief.
I will deliver the text as a Microsoft Word document.
If your project involves complex web pages, I will include annotated screenshots or use clear descriptions so you can see where the text should sit on the page.
Changes and revisions
Most clients require me to make some changes to the work I do for them. That’s fine. However, I work to a fixed-price agreement, so I do have to limit the time I spend rewriting and editing. This agreement therefore includes:
- Initial delivery of a complete copy document.
- One subsequent round of changes, if required.
(This only applies up to the point where you sign off my work, publish it or begin using it on your live website.)
This bit’s important
The assignment details may not be changed once this agreement is in place and any edits or rework must take place within the scope of what’s described there.
The reason for this is that changing the assignment details can create lots of extra work for me, particularly if I have already spent time on the project. This is not budgeted for in the cost I give you.
The main circumstances in which this situation is likely to occur are if you:
- Decide to redesign the structure of your website or the layout of the pages themselves. For instance, changing the site map or adding extra pages.
- Substantially alter the positioning, features or selling points of the products or services the text describes.
It is best for both of us if I don’t start work until these items have been agreed.
When I have received full and final payment as described in the agreement, copyright of the work I produce is automatically assigned to you. You can then use the work however you wish.
However, until final payment is received, copyright of the work remains with me.
I love to show off my work, so I reserve the right to display and link to your completed project as part of my online portfolio. (The link may help your Google ranking a bit, so there’s something in this for you too.)
I believe in hitting deadlines, but I can only do this with your help. So, I can’t be responsible for a missed deadline if you have been late with a down payment, slow to supply materials or not provided feedback to agreed timescales.
I also can’t be responsible for deadlines missed due to circumstances completely beyond my control, like family emergencies, floods, war, acts of god and so on.
Further changes will obviously take extra time. We can agree deadlines for those together, but I’ll do everything I can to meet your needs.
Cancelling this contract and the pause clause
If you wish to cancel this agreement, I will retain your down payment and you may be required to make an additional payment to cover the work I’ve done. This ‘kill fee’ (not as dangerous as it sounds) will be based on the percentage of the project completed.
If at any time during the project you fail to provide requested feedback on the progress of the work, after a 7-day silent period your project will be put on hold (paused) and be rescheduled dependant on my current availability.
My Pricing Terms
Once I receive your brief I will provide you with a quote which will include the full terms and conditions and a breakdown of the full cost of the work.
A 50% deposit is required before work commences followed by milestone payments that will be set out in the final project agreement.
New clients will be required to pay 100% of the cost upfront before any work commences.
Late Payment Terms
I understand my statutory right and will exercise my right to charge interest and compensation for debt recovery costs under the late payment legislation if I am not paid in accordance to our payment terms.
The Late Payment of Commercial Debt (Interest) Act (1988) states that penalties for late payments are as follows:
- debts up to £999.99 = £40
- debts from £1,000 – £9,999.99 = £70
- debts of £10,000 or more = £100
Interest is payable at 8 per cent over the statutory rate which is set by the Bank of England
I will do my best to ensure all facts and statements in my work are true and that it doesn’t infringe upon any copyright or other right of a third party.
However, I can’t be liable to you, or any third party, for damages, including lost profits, lost savings, complaints, claims, litigation or other incidental, consequential or special damages which arise regarding this assignment.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You cannot transfer this contract to anyone else without my permission. This contract stays in place and need not be renewed.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English courts.