Terms and conditions
These terms will need to be agreed upon, in writing, before we work together and are intended to protect both parties. Any variation to these terms must be jointly agreed in writing before the commencement of any work.
These terms are made between Pixie Greatorex ‘The Freelance writer’ and [insert name] ‘The Buyer’
Quotation – A document describing the Project and setting out details of what the Freelance writer is to provide for the Buyer and quoting a price given by the Freelance writer to the Buyer prior to the date of this Agreement, an agreed copy of which is attached to this Agreement and referred to as “the Quotation”
Project – The Project is as described in the Quotation as hereinafter defined and is either “a £1,000.00 Project” or “a more than £1,000.00 Project”
Discovery Contract – A call of approximately 15 minutes duration made between the parties to this Agreement designed to explore the suitability of the parties to work together on the Project
Price will be
- Payment for the Project and no more than 2 revisions of the documents forming the Project
- The Price will not cover any changes required by the Buyer to the final agreed version of the Project nor any revisions required by the Buyer after the final version has been agreed
- A sum of [insert cost] per month
1.1 Where the Price for any Project is less than the sum of £1,000 the Buyer will pay the Price to the Freelance writer in full on the date of this Agreement and before the Freelance writer begins any work on the Project.
1.2 Where the Price for any Project exceeds the sum of £1,000.00 the Buyer will pay to the Freelance writer a deposit of 50% of the Price upon the date of this Agreement and before the Freelance writer commences any work on the Project.
1.3 Where it has been agreed between the parties that the Buyer will pay a monthly sum as set out in the Quotation (“the Retainer”) the first payment of which will be paid by the Buyer on the date this Agreement is exchanged.
1.4 Any payment will be made by electronic BACS transferred only from the Buyers’ bank account to the Freelance writer’s Bank account before the completed final Project is sent to the Buyer by the Freelance writer.
1.5 In the event of the Buyer failing to make payment in accordance with clauses 1.1, 1.2, or 1.3 of this clause interest on the balance of the Price owed may at the Freelance Writer’s discretion be charged under the terms of The Late Payment of Commercial Debts (Interest) Act 1998 (or any amendment or re-enactment thereof).
2.1 No charge will be made for any Discovery Call made between the parties for which the Freelance writer will not undertake any specific preparations nor during the course of which will the Seller give any advice to the Buyer.
2.2 This Agreement is entered into by the parties following negotiations under which the main terms have been provided to the Buyer in the Quotation the contents of which have been agreed between the parties and a copy of which is attached.
2.3 This Agreement is entered into on the basis that the Buyer
2.3.1 is authorised to commission the Project.
2.3.2 has read and understood the terms of this Agreement and any attachments thereto and has indicated such understanding to the Freelance writer by confirming the same in writing and sending it to the Freelance writer by email and exchanging the same with the Freelance writer.
2.3.3 has agreed the Price.
2.3.4 agrees the terms of the Invoice provided by the Freelance writer on the date of this Agreement and will pay the amount owed in accordance with the terms of clause 1 above.
3.1 If the Buyer wishes to cancel a less than £ 1,000.00 Project after the first draft has been supplied by the Freelance writer the Buyer will notify the Freelance writer in writing accordingly and pay to the Freelance writer upon production of an invoice an amount to cover the hours worked by the Freelance writer on the Project at the rate of £ 30.00 an hour or any part of an hour.
3.2 Unless during the course of the Project, the parties have agreed that certain delays and or temporary breaks in communication shall take place and during the course of the Project the Freelance writer raises queries with the Buyer who fails to respond within 10 working days of the date of receipt of the queries the Freelance writer shall be entitled to consider the Agreement as at an end and submit an invoice to the Buyer for all monies owed and the Buyer shall settle the invoice in full within 5 working days of the date of the invoice is sent to the Freelance writer.
3.3 It is agreed that AI will not be used for writing, editing, copying documents, or creating images by either party to this Agreement.
4.1 The Buyer will proofread the Project documents check their factual accuracy and report back to the Freelance writer.
4.2 Feedback on the first draft of the Project will be provided by the Buyer to the Freelance writer within 5 working days of receipt unless a later date is agreed between the parties.
4.3 Any feedback on any second draft of the Project will be provided by the Buyer to the Freelance writer within 3 working days of receipt unless a later date is agreed between the parties.
4.4 Where alterations to the Project are required the Buyer will agree with any members of the Buyer’s team involved and consolidate the same into one email or document containing tracked changes for submission to the Freelance writer for consideration.
4.5 Any revisions will be agreed between the parties and incorporated into the Project documents before the Seller issues the final invoice for settlement.
4.6 If further alterations to the final agreed Project documents are sought by the Buyer and if the Freelance writer agrees to such further alterations the Freelance writer will be entitled to make further charges at the rate of £ 30.00 an hour or part thereof – to be added to the final invoice payable by the Buyer.
- Copyright and Indemnity
5.1 Until full payment of all invoices have been made by the Buyer the copyright in the documents produced by the Freelance writer will remain with the Freelance writer.
5.2 The Buyer confirms ownership of the copyright in any written materials supplied or used by the Buyer in the Project and will take full responsibility for the authenticity of any research materials and citations supplied.
5.3 The Buyer will ensure that all necessary rights, copyright, permissions, and trademarks required for use in the documents produced by the Freelance writer at the request of the Buyer are held or obtained before entering into this Agreement.
5.4 The Buyer will indemnify the Freelance writer against
5.4.1 any claim for compensation or damages resulting from the use inability to use or reluctance to use what has been supplied by the Freelance writer for inclusion in the Project.
5.4.2 any claim by a third party for compensation or damages resulting from the use or inability or reluctance to use by the Buyer contents of or references to documents contained within the Project that have been supplied by the Freelance writer.
5.4.3 claims for loss, compensation, or damages arising because any necessary rights permissions, or releases have not been granted.
5.4.4 any claim of breach of copyright relating to materials supplied to the Freelance writer for use in the Project or
5.4.5 any claim resulting from the use of factual or statistical inaccuracies contained in materials provided by the Buyer to the Freelance writer or any third party for use in the Project.
- Unless specifically otherwise agreed between the parties the Freelance writer will assume that consent has been given by the Buyer for the Freelance writer to use the ideas contained within the Portfolio and within the Freelance writer’s website firstname.lastname@example.org.