Terms & Conditions
Please read these Terms and Conditions thoroughly. They make things clear for both of us in the unlikely event of a dispute.
Before I agree to write for you, I'll ask you to agree to these Terms and Conditions by clicking the ‘I agree’ button at the bottom of this page.
When you hire me to write for you, you’re contracting with Oliver Petts, a UK Sole Trader who trades as ‘Crown Copywriting’.
1) What these Terms and Conditions are
By hiring me to write for you, you acknowledge that you’ve been offered the chance to read these Terms and Conditions. You also agree to be bound by them.
When you hire me to write for you, you acknowledge that these Terms and Conditions take precedent over any other Terms and Conditions, express or implied. This includes Purchase Order Systems Conditions that form part of and are subject to your own Terms and Conditions. This applies whether or not you usually conduct similar engagements under your own Terms and Conditions.
2) Confirming our contract and starting the project
Our contract is confirmed once we’ve agreed on your requirements, a fee and a deadline. Only after that will I start the project.
If you’re contracting with me on behalf of any group or company (rather than yourself alone), you confirm that you’re authorised to do so on their behalf.
3) Contracting with me if you work for a marketing services, IT consultancy or web development agency
If you hire me on behalf of a marketing services, IT consultancy or web development agency to work on a project for one of your clients, a contract exists only between me and the marketing services, IT consultancy or web development agency. No contract exists between me and any client of the marketing services, IT consultancy or web development agency.
You agree to indemnify me against any claim by any client of the marketing services, IT consultancy or web development agency for compensation or damages brought about as a direct or indirect consequence of the use of, or inability or unwillingness to use, the material I write for you.
If you hire me on behalf of a marketing services, IT consultancy or web development agency, you confirm that you’re authorised to do so on behalf of that marketing services, IT consultancy or web development agency.
4) Me contracting directly with one of your clients
If you represent a marketing services, IT consultancy or web development agency, and want me to work on a project for one of your clients, but want me to contract directly with that client, then a contract, subject to agreement, will exist between your client company and me.
Furthermore, you acknowledge that I’m free to conduct and further develop a direct relationship with that client without reference to you, and without compensation or commission of any kind being payable.
5) The work I do for the fee we agree
Once we've agreed a fee, I aim to support the copy until you’re happy with it, without any further fee being due. This includes rewriting from scratch after you’ve seen the initial draft if that’s what you'd like me to do.
To avoid the possibility of this policy being abused, the service you’re contractually assured for the fee we agree is defined as and limited to:
Preparation of a first draft.
Submission of a first draft.
Use of your feedback to prepare a second draft if requested.
Submission of a second draft.
Be aware that revisions based on a change in the project made after the project and fee are agreed upon might incur an additional fee.
Unless agreed otherwise, my fee includes time spent attending your briefing(s) (if deemed necessary) and any travelling expenses incurred.
6) My Guarantee
My goal is to do you a great job, for the fee we agree, and to send you away so happy that you come back again. In the vast majority of cases, this is exactly what happens.
However, in any creative process there can be misunderstandings.
If you’re dissatisfied with a draft I’ve written for you, please discuss it with me. I’ll do everything that I can to resolve your concerns.
In the end, if you’ve given me proper opportunity to address your concerns (defined as working in genuine collaboration with me through at least 3 additional draft submissions after you inform me in writing of your dissatisfaction after receipt of the second draft copy I write for you), and still feel I’ve failed to deliver work that’s suitable for your purpose when measured against the requirements of your brief, you’ll be free to terminate our contract with no payment whatsoever being due. If you’ve made part payment in advance, this will be reimbursed to you. This is entirely without prejudice, and no liability or admission of failure or inability to complete the contract on my part is implied.
In such a case, you agree not to use any material whatsoever contained in any draft that I’ve prepared for you.
In such a case, you agree to absolve me of all responsibility for any loss of income or for any costs or damages suffered by you or by any third party as a result of any delay caused to your business or the business of any third party.
7) Payment terms
I’ll submit an invoice along with the second draft copy, or within 10 working days of submitting the first draft copy to you if no second draft is requested. Under such circumstances, I’ll assume you’ve accepted the first draft copy as it stands.
Payment will fall due at 30 days unless we’ve expressly agreed otherwise in writing. Unless previously agreed otherwise, invoices will be sent electronically.
If the entity to be invoiced is a UK Limited Company, under exceptional circumstances, I might, at my discretion, reserve the right to seek a proportion of the fee to be paid in advance of my starting work on your project. The balance will be due within 30 days of my final invoice.
If the entity to be invoiced is not a UK Limited Company, I might, at my discretion, ask you to pay 50% of the project fee in advance of my starting work on your project. In such a case, the balance of the fee will be invoiced on commencement and fall due at 30 days.
You’ll pay by bank transfer using the payee details shown on the invoice, unless we’ve agreed on an alternative payment. In such a case, you or your accounts department must obtain from me the details required to complete the alternative payment.
The existence of an 'end of following month' payment practice in your company's handling of accounts payable doesn’t change your obligation to make payment by the due date shown on my invoice.
Once a project is started, the fee we’ve agreed upon for the full project is deemed to be incurred unless we’ve specifically agreed payment milestones. 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 acknowledge my right to pursue payment in full should you choose for any reason to do this.
8) Late Payment
I’m a signatory to the Better Payment Practice Code. Where payment isn’t received within five working days of the due date shown on the invoice, I reserve the right to charge interest. This will be applied in line with the Department of Trade and Industry ‘Better Payment Practice' guidelines of 8% plus the prevailing Bank of England reference rate. Under the Terms of the guidelines and associated legislation, a compensation payment might also be due.
Where payment isn’t received within 60 working days of the due date shown on the invoice, the invoice will be subjected to legal action and recovery proceedings.
I reserve the right to commute or cancel any ongoing writing contract I have with you in the event of a non-payment issue arising at any point.
If you cancel a project after written confirmation has been received by email or letter, but before the first draft has been submitted, a cancellation fee of 50% of the total agreed fee will be due.
If you cancel a project after the submission of the first draft, the agreed fee will be payable in full.
This doesn’t affect your statutory rights, nor your rights under the terms of my Guarantee (6, above), which protects you in the situation where, after a fair and proper process of collaboration, you feel that the copy I’ve delivered isn’t suitable for your purpose.
In the settlement of any and all disputes arising out of these Terms and Conditions, or arising in any other way from any contract formed between us, you acknowledge that UK Jurisdiction will prevail. You agree to subject yourself to and comply with settlement ordered under UK Jurisdiction.
11) Delivery dates
I do my utmost to ensure that deadlines and milestones are met punctually, and almost always manage this. From time to time, however, my workload might cause me to need to put back delivery dates a little. Where this is necessary, I’ll always seek to agree it with you first.
However, I reserve the right to put back any milestone or delivery date by up to 48 hours, providing that I’ve given you notice of this at least 24 hours before the date originally agreed.
If you pass data, information or materials of any kind to me as part of a project that you want me to undertake for you, or for a company that is your client, I’ll be happy to sign any non-disclosure agreement you want to present in good faith. However, you agree to indemnify me against any action whatsoever, by you or your client, associated with the accidental disclosure or loss of this information.
13) Passing over of your own copy draft
As part of the brief for your project, you may ask me to view a copy draft that you’ve written yourself, or that’s been written for you by somebody else. If you send me such draft copy, you affirm that you’re the copyright holder, or that you’re authorised by the copyright holder to permit all or part of this material to form a part of the new copyright work that I’ll create for you.
In such a case, you agree to indemnify me against any claim arising from subsequent suggestion that the new work in any way breaches any existing copyright.
In any situation where you do ask me to view an existing copy draft as part of the briefing, you acknowledge that the draft that I’ll write for you might bear similarities to all or part to this existing copy draft, but that the draft I write for you will be considered an original work under the terms of our contract, without regard for the existence of the original draft.
14) Referencing other people's content
If you send me research or sample copy taken from someone else's printed collateral or website as an indication of what you want, I’ll make every effort to ensure that the draft that I prepare for you in no way breaches the copyright of the content owner. However, you agree to indemnify me against any action arising, directly or indirectly, as a result of use of this content as reference material.
15) Your right to use the copy I write for you
When you commission me to write copy for you, you’re purchasing the copyright in the work I write for you. This is assigned to you on my receipt of full and final payment of all fees due.
I reserve the right to use the copy or extracts of the copy for self-promotion or advertising purposes unless specifically forbidden to do so by a confidentiality or non-disclosure agreement.
16) If you’re a copywriting agency, writing agency or other such company
If you’re a copywriting agency, writing agency or other such company that commissions copywriting/writing projects, I’m only liable to pay you your agreed percentage commission once payment has been made in full by the client for whom you’ve asked me to write. If the client pays only a partial amount of the initial agreed full fee (and no more), then I’m only liable to pay you the agreed percentage commission established between your agency and I at the outset of that partially paid fee by the client.
17) Errors and literals
I make every effort to ensure that copy is free of spelling mistakes and other literals. Early drafts might 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. You absolve me of responsibility for 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. This applies whether or not these errors appeared in any draft of the copy supplied by me.
18) My collaboration with other copywriters
When you hire me to write for you, you acknowledge that I might, from time to time, engage the services of other competent professional copywriters to help me deliver all or part of the work you require. In such a case, I undertake to review and amend the work before it’s presented to you. I’ll also ensure that the work is of the quality and professionalism you’d expect had I written it in its entirety myself.
While I make every attempt to make sure that my work complies with the law, it’s your responsibility to submit all copy for legal review.
20) No Waiver
No failure by me to enforce any right under these Terms and Conditions is a waiver of that right. No waiver of any breach of these Terms and Conditions is a waiver of any other or subsequent breach.
This draft of these Terms and Conditions published 01/02/2021.
TERMS AND CONDITIONS AGREEMENT
I confirm that I’m commissioning the project we’ve discussed on the terms agreed in our correspondence, and that I’ve read and agree to the Terms and Conditions.