Copywriting Terms & Conditions
1.Definitionsa.In this Agreement, “the Copywriter” “Kate Porfilio” and “us” shall be Kate, and “the Client” or “you” shall be any person, company or entity who enters into a contract with the Copywriter. The Copywriter’s estimate and any subsequent contract entered into will be subject exclusively to the Terms and Conditions set out below.
2.Starting the joba.By contracting with Kate to write 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 www.thecasestudycopywriter.com at the time of contracting.b.You acknowledge that as the basis for the contract between you and Kate, these Terms and Conditions take precedence 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.c.A job is confirmed when Kate receives an email from you stating clearly that you are commissioning the work, together with payment or an official purchase order if applicable. If you are contracting with Kate on behalf of any group of individuals other than yourself alone, or on behalf of a company, you warrant that you are authorized to enter into a contract on behalf of that group of individuals or company.
3.Quotationsa.Projects are usually agreed on a price-per-project basis unless otherwise specified.b.Kate will produce an estimate of charges to deliver copy based on the information supplied by you. Kate reserves the right to amend this fee if your requirements change.c.Kate will charge for traveling time, travel expenses, and incidental expenses, including third-party goods, where necessary to provide the Services.d.One drafts (and four rounds of editing) are included in the price quoted. Additional revisions, changes, and extensions to the project are charged at the normal hourly rate, except as specified in paragraph 11.e.A signed copy of Statement of Work will be required before work can commence.
4.Paymenta.In order to reserve space on Kate’s calendar, 100% payment is due up front.b.The Copywriter will produce a first draft within the timescale agreed and will expect amendments/revisions on that draft within seven days of you receiving that draft. Kate will write one draft within the original estimate of charges and for discrete jobs, she expects to have reached the final version within 14 days of submitting the first draft. Subsequent amendments after the final draft is agreed will be charged at the normal hourly rate, except as specified in paragraph 11.
5.Rejectiona.Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of Kate’s style, composition, editing or interpretation of your needs, amendments or circumstances. You commission the Copywriter based on her style and previous work examples. If Kate is commissioned by you to write a first draft and thereafter you decide not to continue further draft stages or decide at any stage that you will finish the work yourself or use another agency, Kate reserves the right to charge you the full cost (100%).
6.Ownership and intellectual propertya.Supplying your own copy draft. You may ask Kate to use a copy draft that you have written yourself or has been written for you. By doing this, you confirm that you are the holder of the copyright to this draft or that you are permitted by the copyright holder to use this material to form part of the work that Kate will create for you. In such a case, you indemnify Kate against any claim arising from claims that the new work breaches existing copyright.b.Referencing other people’s copy. If you supply the Copywriter with research or samples taken from someone else’s printed media or site, you must specify whether you have obtained permission to use this material and you indemnify the Copywriter against any action arising as a result of using this content as reference material.c.On completion of the project and after final payment is received, Kate will cede to the client all rights to the copy in the form for which it was originally intended. (For example: copy required for a web page may need further copyright negotiation if it is later sold as a book). Kate reserves the right to use a sample of the work for promotion as set out in paragraph 10.d.Copyright to the assembled copy is owned by Kate until full payment is received.e.Copy samples by Kate. All sample copy displayed on The Copywriter’s websites or any other promotional material are for information only. You may not adapt or copy any item, whole or in part, other than to demonstrate to a client or colleague the nature of the Copywriter’s work with a view to commissioning.
7.Cancelationa.If the project is canceled by the Client for any reason before the copy is delivered, you remain liable for the time expended to date.b.If Kate is unable to complete the project (through illness, other personal reasons, etc), the Client may purchase any unfinished work from Kate.
8.Partnershipa.Kate expects to work in partnership with clients.b.Both parties agree to work together to complete the project to the agreed timescale.c.The client will provide Kate with the appropriate information to fulfill the brief.
9.Confidentiality & Non Disclosure Agreementa.Kate will not disclose to any third party, any information obtained as the result of a project.b.If you supply Kate with information to complete the Services, either for your organization or any third party, you will indemnify Kate against any action by you or that third party resulting from the accidental disclosure of loss of such information. Kate cannot be responsible for any information that is already in the public knowledge, any information that Kate has to disclose by law, or anything that Kate obtains independently.
10.Testimonials and Examplesa.Kate may approach a client after a project is complete for a testimonial to be included in Kate’s portfolio, marketing information, or on the website.b.Kate may use all or part of a completed project in Kate’s portfolio, marketing information, or web site UNLESS the client specifically declines.
11.Errors and literalsa.The Copywriter shall make every effort to make sure copy is free of spelling and other mistakes. Early drafts may contain such errors but the Copywriter shall make every effort to ensure these are removed before the final draft.b.Any such errors that are overlooked by The Copywriter at the time of the final submission will be corrected by The Copywriter free of charge without acceptance of liability for any costs you incurred as a result of those errors.
12.Liabilitya.While Kate will take all reasonable steps to perform its obligations under these Terms and Conditions, the Copywriter’s liability to you for breach of these Terms and Conditions (whether by Kate, its agents, employees or any third party) is excluded to the fullest extent permitted by law. Nothing in these Terms and Conditions seeks to exclude or limit Kate’s liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation. You will indemnify Kate against any costs, liabilities, damages, expenses or losses incurred as a result of civil claims or proceedings brought against Kate based on any work prepared for you and approved by you before publication.b.Kate is not responsible for any indirect or consequential losses whatsoever. In the event of any breach by Kate of our express obligations under these terms and conditions, your remedies will be limited to damages, which in any event, shall not exceed the fees and expenses paid by you under the Contract.
13.Assignmenta.This contract is between you and Kate. It cannot be assigned to anyone else.
14.Waivera.If either party fails to exercise their rights under this Contract or fails to enforce their rights following a breach of contract by the other party, it is a one-off, not a waiver, and does not mean they waive their right to subsequently do so.
15.Third Party Rightsa.No part of this Contract is intended to give rights to any third parties.
16.Force Majeurea.Neither Party shall be liable for any failure or delay in performing their obligations under the Contract where such failure or delay results from any cause that is beyond the reasonable control of that Party.
17.Severancea.If any clause or sub-clause of this agreement shall be deemed unlawful, invalid or otherwise unenforceable, then that clause or sub-clause shall be deemed severable from this agreement and shall not affect the validity or enforceability of any remaining clauses.
18.Applicable Lawa.The agreement and these terms and conditions shall be governed by the laws of the State of Georgia and both parties submit to the exclusive jurisdiction of the courts of the State of Georgia, USA.
19.Variationa.These terms and conditions shall not be varied except by mutual consent between the Copywriter and you, in writing.