Any commissioned copywriting projects undertaken by Neil Gunn, trading as NG Writing Services, will be subject to the following Terms and Conditions unless otherwise agreed in writing.
These Terms and Conditions exist, as part of good business practice, to provide clarification in the very unlikely event of a dispute.
- In this agreement, the terms” NG Writing Services”, “we”, “our” shall refer to Neil Gunn.
- “You” “Your” or “client” refers to the client to whom copywriting services are provided, whose name is set out in full in the quotation documents.
Terms and Conditions
All commissions will be undertaken on the basis that you acknowledge in writing that you have read and agree to be bound by the Terms and Conditions. (A confirmation email is acceptable.)
These Terms and Conditions will take precedence over any other terms and conditions, express or implied and regardless of whether it is your normal practice to conduct similar engagements under your own Terms and Conditions.
- We normally require a written project brief before beginning work. The more detailed the brief, the smoother the writing process is. Normally this can be done by email but might occasionally also require a telephone conversation or, if appropriate, a face-to-face meeting. The best practice is to complete a detailed copy brief (read how to brief a copywriter). An outline brief can be provided if required.
If you choose not to provide a written brief and instead rely on a verbal brief you must except that by its nature a verbal brief may be ambiguous and this might reflect on the creative work. If this should happen you will be responsible for any further costs involved should the copy need to be rewritten.
- By providing written instructions to NG Writing Services, you confirm that you (and where appropriate, your agents and employees) have the power and authority to create the contract between us (on your behalf, where appropriate). In every case the contract is with you and not your individual agents or employees.
- All quotations are calculated on a price per project basis unless otherwise agreed.
- Quotations will include any charges for travel, meetings, or other legitimate business expenses.
- Should your requirements change after the quotation is accepted, any additional work required will be charged at an agreed price or (failing that) at an hourly rate of £30.00 per hour.
- Please note that NG Writing Services is not VAT registered.
- Unless stated in writing the quotation does not include expenses incurred working with third party graphic designers, web developers or others.
- Quotations are based on information provided by the client in the project brief.
- Acceptance of the quotation must be made in writing (or email).
The fee includes:
- Initial consultation and any further consultation and correspondence required as the project progresses.
- The provision of the agreed work.
- Up to two further sets of amendments and edits based on your feedback and the original agreed brief.
- If during the course of the project, there are significant changes to the agreed brief, NG Writing Services reserve the right to request a further fee. This will always be agreed with you in writing, in advance.
- Revisions should be requested within 14 days of receipt of copy. Two revisions, provided they are not based on a fundamental change to the project will, as part of the original contract, be provided free of charge. Any subsequent revisions may be chargeable.
- NG Writing Services always strives to meet agreed deadlines. However, should we be unable to do so due to reasons beyond our control, we shall not be liable for any loss or damage to you or a third-party client.
Invoicing and Payment
- For all work, unless agreed in writing, NG Writing Services will require a 50% deposit before work on the project starts.
- Overseas clients may be required to pay in full before work starts.
- Payment must be made in Sterling.
- For longer-term projects payment may be required at agreed intervals.
- Payment can made by PayPal or bank transfer.
- Payment is due seven days from the invoice date.
- The existence in your company of any extended payment practice for accounts payable will not alter your obligation to pay on the due date shown on our invoice.
- Should you choose to cancel the project after the contract is agreed we reserve the right to charge you 50% of the agreed fee. Should you cancel after receipt of the first draft you will be liable for the full fee.
- If the project deadlines are unreasonably delayed due to the client not responding to requests for further information, or failing to review drafts, NG Writing Services reserves the right to cancel the project and invoice the full amount agreed on the original quotation.
For late payments we reserve the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998.
In some instances, we may require a proportion or all of our fee to be paid in advance, and where an advance payment is requested, we reserve the right to delay the provision of any services until such payment is made.
- Although NG Writing Services will make every effort to avoid errors, omissions, misrepresentations or other inaccuracies, the final responsibility for published material lies with the client.
- We will make every effort to ensure that your project is completed by the agreed time and to a high standard. However, in the unlikely event that something may go wrong we include an indemnity clause in these Terms and Conditions.
You agree to indemnify me against:
- any claim for compensation, loss compensation or damages resulting from your use, inability to use or reluctance to use the materials supplied;
- any claim by a third-party client for compensation, loss compensation or damages resulting from the use inability to use or reluctance to use the materials supplied;
- any claim for loss, compensation or damages arising because the necessary rights, permissions and releases have not been granted;
- any claim over breach of copyright relating to materials you have supplied to me; and
- any claim over factual or statistical materials you have supplied to me.
- NG Writing Services will retain copyright of any materials supplied until full payment has been made.
Excerpts of written material
- Unless specifically agreed otherwise in writing, NG Writing Services reserves the right to use excerpts of the completed copy for promotional purposes.
- The agreement and these Terms and Conditions shall be governed by the laws of Scotland and both parties submit to the exclusive jurisdiction of the courts of Scotland.
We take pride in our work and strive to offer a professional and consistently high level of service. However, bearing in mind that creative work is subjective, if you are, at any stage, unhappy with any aspect of the work we will do our utmost to resolve the problem.