These are my freelancing terms and conditions. I have tried to use plain language so they are easy to understand. If anything is unclear, ask me. I’ll be happy to clarify.
Definitions
In this document, the words ‘I’, ‘me’, or ‘writer’ means freelance copywriter Anthony Gladman.
‘Client’, or ‘you’ means the person or organisation buying services from me.
‘Proposal’ means a proposal, estimate, quotation or other similar document describing the services I will perform for you and the fees I will charge.
‘Agreement’ refers to these terms and conditions together with any applicable proposal.
What do we both agree to do?
As my client, you agree:
- You have the power to enter into an agreement on behalf of your organisation.
- To provide me with everything I need to complete the project, when I need it, and compensate me for any reasonable expenses I incur as a result of your failure to do so.
- To review my work, provide feedback and sign-off within agreed timescales.
- To stick to the payment schedule described in our agreement.
- To supply me with full details of your registered name and address (if a limited company) or details and electoral register proof of your residential address (if a sole trader).
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.
General
These terms and conditions will apply every time I write for you.
Before work begins I will send you a proposal that outlines the work to be done and the fees I will charge.
The agreement will begin once I receive email confirmation from you and/or your signed acceptance of the proposal.
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:
- Initial delivery of a complete copy document.
- Two subsequent rounds 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. Make sure you are completely happy with the work described in the proposal before you enter into this agreement. The proposal 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 proposal 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.
Copyright
When I have received full and final payment as described in this 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 publish extracts of any work produced for you as part of my online portfolio.
Deadlines
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.
Payments
I make a living as a freelancer, so prompt payment is important to me. To help make sure we stay friends, you agree to stick to the following payment schedule.
For new clients and/or projects over £1,000 I will invoice for a down payment of 50% of the total fee payable. I won’t start work until I receive this payment.
If your organisation requires me to invoice against a purchase order, it is your responsibility to issue this before work begins.
I will invoice for the remaining balance once the work has been completed.
If I have not received any feedback or comments within two weeks of submitting work to you (at any stage — the initial draft or subsequent edits), I will assume you are happy the work has been completed and will invoice for the remaining balance.
I’m not registered for VAT and my payment terms are 14 days. Please pay on time!
If you do not pay on time, I reserve the right to charge debt recovery costs and interest in accordance with The Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by Late Payment of Commercial Debts Regulations 2002. I 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.
Unless we agree otherwise, the full copywriting fee is incurred as soon as work begins. You have no right to withhold or reduce payment based on your critical response to, or appraisal of, the copy I write for you. You are paying for my time. This includes time I put aside to make revisions in expectation of feedback.
If you upload the copy I have written for your website before I have invoiced for the final copy stage, I reserve the right to invoice you in full for the agreed amount outstanding — even if you require revisions (as agreed within the proposal and signed terms) to be made.
Cancellation
If you wish to cancel this agreement, or if you unlawfully terminate the agreement for any reason, you will be responsible for immediate payment of the total cost of the project as described in the proposal.
If you decide not to use the copy I write for you, I cannot be held responsible for any loss of income or for any costs or damages suffered by you or anyone else as a result of any delay which has been caused to your or any other business.
Legal stuff
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.
Nothing in this agreement is intended to, nor shall it confer any rights on a third party.
The failure by either party to enforce at any time or for any period any one or more of these terms and conditions or the proposal shall not be a waiver of them or of the right at any time subsequently to enforce any provision of this Agreement.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English courts.