Terms of Business

Once a fee has been agreed and the work commissioned, a contract has been entered into. This contract will be subject exclusively to the following Terms of Business. The Client agrees to be bound by these Terms and Conditions.

  1. Fees
  2. Custom Copywriting Ltd will produce original work for the fee outlined in the contract.
  3. The fee is a flat charge that will not be raised or lowered depending on the ROI (return on investment) of the project.
  4. The fee is to complete the job as outlined in the contract. This includes one set of amends if necessary after which additional charges may be made.
  5. Any amends required must be briefed to Custom Copywriting within 10 days following submission of work to the Client. In the event that amends have not been provided within this timescale, Custom Copywriting reserves the right to invoice for the full value of the contract and consider its obligations fulfilled.
  6. An invoice will be issued once the final draft has been submitted to the client. This must be paid on receipt of the invoice. Payment details are on the invoice.
  7. A deposit may be required for projects of £1,000 or greater before Custom Copywriting begins the project.
  8. After Custom Copywriting Ltd has been hired, meetings will be charged at £40 per hour. Initial meetings however (in which the project is discussed before work begins) are not chargeable.
  9. If payment is not made in accordance with the terms above, Custom Copywriting may exercise the statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998.
  10. If all fees have not been paid by the due date, Custom Copywriting reserves the right to pursue legal action for the recovery of the debt.

 

  1. Copyright
  2. The copyright for the work undertaken will remain with Custom Copywriting Ltd until payment has been received in full. If the work needs to be published before the fee has been paid, the client may only do so with the express written permission of Custom Copywriting Ltd.
  3. Once the fee has been paid, Custom Copywriting grants the Client permission to use the work for free in the publications/websites for which they were commissioned.
  4. Custom Copywriting reserves its economic right to charge the Client extra for using the words in publications, adverts and websites for which Custom Copywriting was not originally aware that they were for.
  5. Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
  6. Reproduction rights granted are personal to the Client and may not be assigned, loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.

 

  1. Indemnity
  2. Whilst Custom Copywriting takes all reasonable care in the performance of this agreement generally, they shall not be held liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any words or phrases created.
  3. The Client agrees to indemnify Custom Copywriting in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any words and/or phrases supplied to the Client by Custom Copywriting.
  4. It is the Client who must satisfy themselves that all necessary rights and/or consents which may be required for reproduction, are obtained and it is acknowledged that Custom Copywriting gives no warranty or undertaking that any such rights and/or or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright words and/or phrases. In the event that the words and/or phrases issued or reproduced by or with the authority of the Client then the Client shall indemnify Custom Copywriting against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
  5. As the party responsible for providing the information (i.e. claims about the Client’s company, products and / or services, plus details of special offers and promotions), the Client is responsible for ensuring that compliance issues are met. Custom Copywriting cannot be held accountable for false claims or breaches of advertising codes and standards.

 

  1. Confidentiality
  2. Custom Copywriting Ltd will not work for a direct competitor of the client while the project is still live (i.e. before the project is completed with any amends finished). This will ensure there is no conflict of interest.
  3. Custom Copywriting will keep confidential and will not disclose to any third parties or make use of material or information communicated in confidence for the purposes of the commission, save as may be reasonably necessary to enable Custom Copywriting to carry out its obligations in relation to the commission

 

  1. Processes
  2. The information / data required to complete the project will be provided by the client
  3. Custom Copywriting Ltd reserves the right to outsource the project, or aspects of the project, to third parties known to them.
  4. Custom Copywriting Ltd will liaise with designers and art directors if required, but will not arrange printing for clients.

 

  1. Rejection
  2. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition, editing interpretation of your needs, amendments or circumstances. You are commissioning Custom Copywriting based on the style and examples shown on the website or previous work. All creative work is a joint effort between the Client and the copywriter, therefore if you engage Custom Copywriting for a first draft and then decide you don’t want to continue to further stages – or decide at any stage that you will finish the work yourself or use another agency – you will incur the full fee and payment terms noted in paragraph 1 apply.

 

  1. Applicable law
  2. This agreement shall be governed by the laws of England and Wales

 

  1. Variation
  2. These terms and conditions shall not be varied except by agreement in writing