Terms and Conditions (copywriting)
Overview
This proposal is valid for 30 days from proposal date.
Please confirm your acceptance of this proposal via email to rlstewart@gmail.com
Payment Terms: For projects over $1,000, deposit of 50% is required to commence the project. An invoice will then be issued. Final payment is required on delivery of final draft.
ABN: 21 007 608 508
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1. Starting the job
By signing/emailing acknowledgement of the proposal you acknowledge that you have been offered the opportunity to read these Terms and Conditions and agree to be bound by them.
If you are contracting with Rebecca L. Stewart on behalf of any group of individuals other than yourself alone, or on behalf of a company, you warrant that you are authorised to enter into a contract on behalf of that group of individuals or company.
2. Payment Terms
All projects quoted under $1,000 will be invoiced and paid for in full by the Client prior to Rebecca L. Stewart commencing any project.
Unless prior arrangements have been made, all projects over $1,000 are subject to a minimum pre-payment of 50% of the total job cost prior to Rebecca L. Stewart commencing any project.
On completion of the final draft, a final invoice will be issued and payment of the remaining project cost (for projects over $1,000) is required within 14 days of the date of issue.
If Rebecca L. Stewart has not received any feedback to the first draft, or first and second edits within 21 days, it will be assumed the work has been accepted as complete and the project will be closed and invoiced, unless the Client has advised of anticipated delays and renegotiated edits within a reasonable timeframe.
Direct Deposit is the preferred payment option and account details will be issued on your invoice. Cheque payments may only be made by prior arrangement.
3. Cancellation fees
By the Client
In the event that a Client cancels a project after the Client has signed the project authorisation, but prior to commencement of the project, the Client will forfeit their deposit.
In the event that the Client is required to cancel a project after work has commenced, the Client will forfeit their deposit and be obliged to pay Rebecca L. Stewart for all work completed to date within 14 days (2 weeks). Discounts and exemptions will not apply.
By Rebecca L. Stewart
In the event that Rebecca L. Stewart is required to cancel a project, the Client will be under no obligation to make payment for any work not completed. Any monies already paid (including the Client’s project deposit) will be refunded in full to the Client within 14 days (2 weeks). Should the Client wish to use any completed material and secure copyright to that material, the Client may pay for all or any work completed to date in accordance with the standard payment terms.
4. Additional Time
Additional time: any additional copy versions required outside the allocated scope and amendment time allowed will be recorded and invoiced on a per hour rate of $130 (incl. GST).
5. Rush Fees
Any work deemed urgent and required to take priority over other projects will be subject to a Rush Fee charged at 30% of the full fee rate of the Total Quote. If the project is deemed urgent partway through completion of the project, a Rush Fee of 30% will apply to the remaining portion of work to be completed.
6. Copyright
All original material remains the property of Rebecca L. Stewart until final payment has been made. Until final payment is made, the Client is prohibited from publishing, reproducing, altering or redistributing any material produced by Rebecca L. Stewart Once final payment has been received the Client secures copyright to the material, however Rebecca L. Stewart retains the right to use any portion of the material for self-promotional interests, unless the Client explicitly requests exclusivity in writing, prior to completion of the project. In the event that a project is cancelled before completion, the Client waives copyright to any and all work completed.
7. Indemnity
Rebecca L. Stewart relinquishes all responsibility for legal repercussions that may be incurred on publication or distribution of material by the Client. It is the responsibility of the Client to ensure the accuracy of all content and that all information provided to, or produced by, Rebecca L. Stewart is factual and correct. The Client is also responsible for ensuring Rebecca L. Stewart is entitled to use and reproduce any information, images, text or other material provided for the purpose of providing services to the Client. You will fully indemnify Rebecca L. Stewart if a third party makes a claim against us that our use of content supplied by you the Client infringes any right of that third party.
Where Rebecca L. Stewart has created original brand/product names or company slogans, Rebecca L. Stewart will take all due care to ensure that no existing copyright or trademarks apply, however any applicable search fees will be charged to the Client.
8. Use of promotional materials
The client consents unconditionally and irrevocably that Rebecca L. Stewart is able to keep a copy of material produced for the Client, as well as copies of the final product to use for self-promotion, publicity purposes and folio work, in print format and online, including on Rebecca L. Stewart website.
9. Delays
Any delays in Rebecca L. Stewart obtaining any material, content, instructions or other information that Rebecca L. Stewart requires from the Client to complete the work or receive approval for draft proofs on the client’s part may cause a delay in the scheduled timelines stated in the proposal above.
10. Limitation of Liability
Except to the extent that liability may not lawfully be excluded, Rebecca L. Stewart will not be under any liability to the Client (or any of your officers, agents or employees) for any loss of revenue, loss of goodwill or customers, loss of profit, loss of sales, loss of or damage to reputation, or any indirect, consequential or special loss, damage, cost or expense however caused including, without limitation, as a result of breach of contract, negligence or breach of statute. If for any reason Rebecca L. Stewart is liable to the Client, the total aggregate liability to you (howsoever arising) in relation to the subject matter of this proposal will not exceed the amount received by Rebecca L. Stewart from the Client in relation to the proposal above.
11. Rejection
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of Rebecca L. Stewart’s style, composition, editing or interpretation of the Client’s needs, amendments or circumstances. The Client will commission the work of Rebecca L. Stewart based on her style and previous work examples. If Rebecca L. Stewart is commissioned by you to write a first draft and thereafter you decide not to continue using her for further draft stages or decide at any stage that you will finish the work yourself or use another agency, Rebecca L. Stewart reserves the right to charge you the full cost (100%) of her estimate and payment terms noted above will apply.
12. Confidentiality and Non-Disclosure Agreement
Rebecca L. Stewart will not disclose to any third party, any information obtained as the result of a project.