Terms of service.
So we're crystal clear, I'm laying out my terms of service because we're doing the money-for-service exchange. So it clarifies and makes the working relationship between you and me happy, clear, and straightforward.
I pride myself on being helpful and flexible, but it's a good idea for us to have an agreement on paper so we both know what to expect. Also, agreements like this should be easy to understand, so I've ensured this one uses clear language.
Having said that, if anything needs to be clarified, ask me. I'll be happy to explain.
The Contract
Before we start, any working relationship with you will be that of an 'independent contractor'. I won't be an employee, worker, agent or partner, so my time will be limited to the project.
Pricing
Before we start the project, I'll provide a quote so you know exactly how much the work will cost. Any changes or deviations to the original brief may mean adjusting the total cost.
This covers:
A free initial quote.
A first draft, in line with the brief, delivered via Google Docs or as a Word doc.
Two rounds of revision or edits (if required – extra revisions can be added at an additional cost).
Relevant advice and consultation when necessary, including ad hoc queries.
Commencement of Work
Before I start working on your project, I'll need you to sign and return the contract laying out what we've agreed on, the timeframe, and the payment costs and schedules. I'll share it with you and confirm that you're authorised to commission the project.
Timescales and Deadlines
I'll do my utmost to ensure your project is delivered within the agreed timescale. If, for any reason, I can't meet the deadline, I'll let you know as soon as possible. I won't be held liable for any loss or damages to any party due to missing a deadline.
I also can't be responsible for missed deadlines due to circumstances beyond my control, like family emergencies, floods, war, acts of god, etc.
Changes and Revisions
Most clients require me to make some changes to the work I do for them. That's fine. However, as this is a fixed-price agreement, I do have to limit the time I spend rewriting and editing. This agreement, therefore, includes the following:
Initial delivery of a complete copy document.
Two subsequent rounds of changes or edits, if required.
Edits or changes only apply up to the point where you sign off my work, publish it or begin using it on your live website.
This bit's important. Make sure you are completely happy with the work described in the assignment details section before you sign this agreement. The assignment details may remain the same once this agreement is in place, and any edits or rework must occur within the scope of what's described.
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 start work once these items have been agreed upon.
Any changes beyond the original agreement will be costed and added to the initial quote and signed contract. Consequently, Time frames may be moved and changed.
Payments
I make a living as a freelancer, so prompt payment is essential. To help make sure we stay friends, you agree to stick tight to the following payment schedule:
Before I start working on your project, I'll require an upfront deposit of 50% of the total fee. This is non-refundable. Once the project's completed (including revisions), I'll invoice you for the remaining 50%.
I'm not registered for VAT, and my payment terms are 30 days. Please pay on time!
For projects over £3,000, we can arrange a staggered payment schedule if you need to.
For projects under £100, I'll need payment in full before I start work.
I'll send you all invoices via e-mail unless we agree otherwise. They're all payable within 30 days of receipt.
I only accept payments by bank transfer. You'll find my account details on each invoice.
When working with agencies, I still require a 50% upfront deposit. When the copywriting part of the project is complete, I'll invoice for the remaining 50% regardless of whether the client has signed off on the project.
Terminating or Pausing the Project
Sometimes, a spanner gets thrown in the works, and I like to make this as easy as possible for you.
If you need to pause the project, I'll try to keep us on track. But, if it can't be helped, I won't cause you any stress.
I will retain your deposit, and you may be required to make an additional payment to cover my work. This 'kill fee' (not as dangerous as it sounds) will be based on the percentage of the project completed, but I won't apply a 'cancellation fee.'
If you don't respond to my calls or messages within 14 days of paying the initial deposit, I'll consider the project terminated and stop working on it.
Equally, if you don't provide feedback on my work within 14 days of receiving it, I'll assume you're happy with it and invoice you for the remainder of the project fee.
Late Payment Terms
Invoices are payable within 30 days of receipt. Unless otherwise agreed, late payments will result in a +5% late fee on the unpaid invoice. This fee will increase by 5% for each week that passes without payment in full.
I may take legal advice or consult a debt recovery firm as a last resort.
Copyright
When I have received the full and final payment as described in this agreement, the copyright of the work I produce is automatically assigned to you. You can then use the work however you wish.
However, until the final payment is received, the 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, so there's something in this for you too.)
Errors
I proofread and fact-check my work consistently before sending it for review. That said, I can't guarantee that every project is completely free of typographical, grammatical or factual errors.
Legal Stuff
I will do my best to ensure that all facts and statements in my work are accurate 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 needs not to be renewed.
Although the language is simple, the intentions are serious, and this contract is a legal document under the exclusive jurisdiction of English courts.