Note: as I now also offer map comissions anywhere that the following terms & conditions relates purely to words, phrases, copy or content please also read graphics, maps, drawing or visual material.
1, Content Marketer Agreement
(a) In this Agreement, the content marketer shall be Nathan A Smith trading as Pen9 Writing, and the Client shall be any person, company or entity who enters into a contract with the content marketer.
(b) By contracting with me to write or design for you, you acknowledge that you have been offered the opportunity to read these Terms and Conditions and agree to be bound by the version of these Terms and Conditions as displayed on http://pen9writing.com/terms/ at the time of contracting.
(c) When you contract with me to write or design 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, and regardless of whether it is your general practice to conduct similar engagements under your own Terms and Conditions.
2, Creative Brief
(a) If you choose not to provide a written, detailed brief for the work to be undertaken but rely instead on a verbal or vague briefing, you accept that this brief by its very nature may contain ambiguities. As such this may be reflected in the resulting creative work. 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.
To save you money it is advised that a detailed brief be provided for all work required.
(a) Unless agreed otherwise, the entire copyright of the words and/or phrases created is retained by the Content marketer at all times throughout the world. This also applies to any graphics or visual work I may produce for you. see: http://www.ipo.gov.uk/types/copy/c-ownership/c-commissioned.htm
(a) On payment by the Client, the Content marketer grants permission for the use of the words, but only in the publications, adverts, websites or other channels for which they are commissioned. The Content marketer reserves his economic rights and may charge extra if the words are used in publications, adverts, websites or other channels for which they were not commissioned. (This means that if the Content marketer writes a brochure, the Client must confirm whether the words will be used in any other channel and, if this is the case, the Content marketer reserves the right to charge extra.)
(b) Reproduction rights granted are personal to the Client and may not be assigned, nor may any words be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.
5, Services provided
(a) The Content Marketer will provide you with the concepts and/or copywriting/content marketing required in a professional manner, by the deadline agreed. All quotations include up to two revisions.
6, Errors and Literals
(a) 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 for 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.
7, Payment Terms
(a)(i) Where the total cost of a project is less than £100 full payment will be required before any work is commenced. For projects totalling greater than £100 payment milestones can be agreed upon. Usually 50% before work commences with the outstanding balance paid over intevals dependent upon the size of the project.
(ii)Any outstanding balance becomes immediatly payable upon accepting the final draft. If the client has not requested edits or rewrites (up to the allowed 2) 15 days after being sent the first draft then payment will also become immediatly payable and the content marketer reserves the right to refuse any requested edits after this cut off period.
(b) Payment will occur in one of the following formats:
Any subscription based payments will be handled by Paypal unless otherwise agreed upon.
(c) The Content Marketer understands and may exercise his statutory right to claim interest and compensation for debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998, if payment is not made according to agreed credit terms.
(d) If payment is not made in accordance with section 7, the Content Marketer may rescind this Agreement and recover damages, or, at the Content Marketer’s option, exercise his statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.
8, Financial Stability
(a) You should only commission work if you know you / your company is financially secure, and not about to enter liquidation or appoint a receiver or administrator.
(a) When you contract with me to write copy for you, you acknowledge that I may, from time to time, engage the services of other competent professional content marketers, designers, marketers or other professionals to help me deliver all or part of the work which you require. In such a case, I undertake to review and amend the work before it is presented to you, and to ensure that the work is of the quality and professionalism you would expect had I created it in its entirety myself.
(a) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of the Content Marketer’s style, composition, editing or interpretation of the Client’s needs, amendments or circumstances. The Client commissions the Content Marketer based on his style and previous work examples.
(b) If the Content Marketer is commissioned by the Client to write a first draft and thereafter the Client decides not to continue using the Content Marketer for further draft stages or decides at any stage that they, the Client, will finish the work themselves or use another agency, the Content Marketer reserves the right to charge the Client the full cost (100%) of his estimate and payment terms noted in section 7 will apply.
(a) The Content Marketer will not be liable to you for any loss of profits, consequential, economic, or indirect loss arising in any way in connection with the performance (or non performance) of the obligations related to any commission. In addition, you will indemnify me against any loss incurred as a result of civil claims or proceedings brought against me based upon any advertising and other work prepared for the client and approved by the client before publication.
12, Applicable Law
(a) This Agreement shall be governed by the laws of England & Wales.
(a) The Terms and Conditions contained in this Agreement shall not be varied except by mutual consent between the Content marketer and the Client, in writing.