The terms and conditions of working with me
Please read these Terms and Conditions. They exist to provide clarification for us both in the unlikely event of dispute. All commissions will be undertaken on the basis of these terms having been read and agreed. When you contract with me to write for you, you acknowledge that as the basis for the contract between us, these Terms and Conditions take precedent over any other terms and conditions, express or implied.
In these Terms and Conditions:
“I”, “me” and “my” means Olivia Lazenby, copywriter;
“You” and “your” means the client to whom I shall provide my copywriting services, whose name is set out in full in any accompanying quotation.
Prior to commencing work, you agree to either send a purchase order or confirmation email to me: this shall constitute a contract. It should detail:
- A brief regarding the work request
- The agreed cost
- The deadline for the work to be sent to you
- Creative brief
For best practice please provide me with a written detailed brief for the work to be undertaken at the time of agreeing to the commencement of work. Should you choose not to provide a written brief, and opt for a verbal or vague briefing, you accept that this brief by its very nature may contain ambiguities. You accept responsibility for this ambiguity and for any additional costs incurred in re-writing the copy accordingly.
If you change the brief after work has commenced, you will inform me as soon as possible and adjust the budget to reflect the increased time spent on a job.
- Services provided
I will provide you with the concepts and / or copywriting required in a professional manner, by the deadline agreed. All quotations include up to two revisions, any further revisions will be charged at £25 per hour.
- Errors and literals
I make every effort to ensure that copy is free of spelling mistakes and other literals. Early drafts may sometimes contain such errors, and my practice is to ensure that these are removed before a final draft is submitted to you. However, the responsibility of checking for spelling mistakes and literals is yours, and you indemnify me against any costs incurred as a result of the appearance of such errors in the final published form of any collateral in which you use the copy concerned, whether or not these errors appeared in any draft of the copy supplied by me.
These will be agreed to in advance and detailed in my quotation. You will show acceptance of my fees through your confirmation email. I can quote on a daily or hourly basis, or by the project. Any other costs incurred will be agreed in advance.
- Terms of payment
I will invoice for all work completed on a monthly basis, on the last working day of each calendar month. You should make payment by electronic funds payment directly into my bank account on or before the due date detailed in the invoice.
Either of us may terminate our contract by giving not less than 7 days’ written notice to the other. If you terminate our contract all sums from time-to-time owing to me from you shall become immediately due and payable, and in particular you shall pay my Fee in full without deduction or set-off of any kind, regardless of whether I have provided the Services to you.
In the event of termination howsoever arising, you shall be solely responsible for any losses, costs or damages suffered by you or any third party as a result of any delay caused to your business or any third party and you agree to indemnify me accordingly. Furthermore, you will not use for any purpose whatsoever any material contained in any drafts that I have written for you. I shall retain the copyright on the draft material and have the right to use it as I see fit.
By providing written instructions to me, you warrant that you (and, where appropriate, your agents and employees) have the power and authority to create the contract between us (on your behalf, where appropriate). In every case my contract is with you and not your individual agents and/or employees.
I own all copyright and intellectual property rights in all copy (meaning all words and/or phrases and/or content) produced until the work has been approved by you and payment agreed. You shall have no rights in any copy produced prior to this agreement. Once payment has been received in full, I shall grant you a perpetual licence to use all copy produced for the purpose it was produced.
You accept that if you supply me with somebody else’s copy as a guide to your requirements I shall make reasonable efforts to ensure that any draft copy I produce does not breach the owner’s copyright. Notwithstanding this, you shall indemnify me against any action (including all costs, liabilities, damages and expenses) arising directly or indirectly from my use of this copy as reference material.
When you contract with me to do work for you, you acknowledge that I may, from time to time, engage other competent professionals to help me deliver the agreed work. In such cases, I undertake to review and amend the work and to ensure that the quality of the work is consistent with my having written it in its entirety myself.
- 11. Liability
While I take all reasonable steps to perform my obligations under these Terms and Conditions, my liability to you for breach of these Terms and Conditions (whether by me, my agents, employees or any third party) is excluded to the fullest extent permitted by law. You will indemnify me against any costs, liabilities, damages, expenses or losses incurred as a result of civil claims or proceedings brought against me based on any work prepared for you and approved by you before publication.
- Working with your clients
If you represent any other organisation or agency and wish me to do work for one of your clients, but wish me to contract directly with that client, then a contract will exist between your client and me governed by these Terms and Conditions. You acknowledge my right to conduct business with that client without reference to you and that no compensation or commission of any kind will be payable.
- UK law
This agreement is subject to the Laws of the UK, and the parties agree to submit to the jurisdiction of the courts in respect of any dispute or difference arising under the agreement.