I have a reputation for delighting clients.

 

My aim is always to provide you with the very best work, meeting your brief, and welcoming return collaboration on future projects.

 

For this to be achieved smoothly, I include here the terms and conditions I have found best serve our mutually desired outcome. They exist for the sake of clarity, and to facilitate the production of the very best copywriting work for your project.

 

By contracting with me to write for you, you acknowledge that you have been offered the opportunity to read these Terms and Conditions (also referred to as the 'Agreement') and commit to be bound by the version of these Terms and Conditions as displayed on this page:

https://www.clevercopywriter.net/termsandconditions

 

1. Definitions

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In this document, and any sent from the Supplier to the Client, the following words shall have the following meanings.

1.1 The Client or 'you' means the person or company that has formally entered into the Agreement. 

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1.2 The Supplier, 'I', 'me'  or 'my' refers to the business entity trading as Steve Bookbinder/Clever Copywriter, accessible at https://www.clevercopywriter.net 

(address available on request).

1.3 Agreement means these Terms and Conditions, together with the terms of any applicable proposal or estimate.

 

1.4 Quotation means a formal proposal document or price estimates provided over email or phone by the Supplier.

1.5 Copywriting Brief means the materials supplied by the Client on request of the Supplier, from which the work is to be based upon.

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1.6 Intellectual Property Rights means all patents -registered and unregistered - designs, copyright, trade marks, know-how and all other forms of intellectual property, wherever in the world enforceable.

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1.7 Urgent work means copywriting work needed (finalised) within 7days.

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1.8 Larger projects mean projects requiring more than 25 hours of work.

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2. Starting the job 

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2.1 The job will be deemed to have been contracted as soon as the Client has agreed to these terms and conditions by signing the Contract, included in the Proposal, sent by email or any other means. 

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2.2 Alternatively, the Client must send a confirmation email, stating:

• You have read and agree to my terms and conditions

• You are authorised to commission the project

• You agree to my fees

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2.3 When you contract with me to write for you, you acknowledge that as the basis for the contract between us, these terms and conditions take precedent 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.

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2.4 If you are contracting with me 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.

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2.5 If you are contracting on behalf of a company which uses a Purchase Order system, the job will be deemed to be contracted only on receipt by email of a PO number. 

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2.6 If you contract with me on behalf of a marketing services or web development agency of any kind, you attest that you are authorised to enter into a contract on behalf of that marketing services or web development agency. 

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2.7 If you represent a marketing services or web development agency of any kind, and wish me to work on a project for one of your clients but wish me to contract directly with that client, then a contract, subject to agreement, will exist between your client company and Steve Bookbinder/Clever Copywriter, and you acknowledge that I am 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.

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2.8 All materials provided by the Client are assumed legal and accurate.

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2.9 Any project estimates provided before the Client approves the copywriting brief are not guarantees of delivery and should not be taken as such.

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3. The work process

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3.1 I operate a 'fixed pricing' model. This helps both Client and Supplier to hold clear expectations. This means that once the fee and proposal is agreed, I aim to work on the copy until you are entirely happy with it, without any further fee being due, subject to the limitations outlined in paragraph 3.2

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3.2 The Client agrees that the following process only is included in the agreed fixed price:

• Preparation and submission of first draft

• Integration of your feedback to facilitate preparation and submission of second draft

• Reasonable amendments to a second draft, constituting a final third draft ​​

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3.3 If, on delivery of the third draft, the Client requires further work on the copy, an additional fixed fee will be charged for the time this will incur, the amount of which will be agreed by Client and Supplier in writing via a short, reissued Proposal  prior to any further work commencing.

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3.4 Following Proposal acceptance by the Client, as outlined in 2.1, the Supplier will seek confirmation from the Client that the Copywriting Brief is approved prior to preparation of the first draft.

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3.5 Revisions should be submitted within 14 days of the first draft being delivered. If revisions are not received, approval of the copywriting will be assumed and the project finalised.

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3.6 I will consider failure to maintain communication as a period of 14 days in which we do not hear from you, despite me sending 3 or more emails to an address via which we have previously communicated successfully with you and from which the mail does not bounce. 5 days will be allowed for the last email to be responded to. 

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3.7 Urgent work - meaning copywriting work needed (finalised) within 7 days - will incur a 25% surcharge to facilitate accommodation of the deadline alongside other commissions.

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​4. Payment terms

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4.1 A non-refundable commencement fee of 50% of the total quoted amount is required on acceptance of the quote by the Client. 

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4.2 My standard trading terms are that I will invoice for the remaining 50% of the quote on or after the date on which I actually commence work on the project, and payment will fall due at 28 days unless I have expressly agreed otherwise in writing.

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4.3 For larger projects, I will arrange staggered payments, to be paid when we meet project milestones.

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4.4 For projects under £500, I require the project to be paid in full before commencement of work.

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4.5 If you are a business consultancy, marketing services or web development agency, and I have contracted with you to work on a project for a client of yours, then the fee we have agreed between us shall be payable by you regardless of whether your agency has collected payment from your client. You shall have no right to delay payment to me, either in part or in full, in the event that your client delays payment to your agency.

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4.6 You will make payment via electronic bank transfer to the bank details provided to you in advance, and also on my invoice. If your Accounts Payable or Procurement department require SteveBookbinder/Clever Copywriter to be set up on any internal payment or procurement systems, then this should be done in sufficient time so as not to delay payment beyond the 28 day due date.

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4.7 If your accounts department require any information additional to that shown on your invoice, or provided by me, they must request this information from me in sufficient time to complete payment by the appropriate date.

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​4.8 The existence of 30, 60 or 90 day payment terms, or an  ‘end of following month’ payment practice, in your company’s routine handling of accounts payable will have no bearing on  your obligation to make payment on the due dates shown on my invoices.

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4.9 Once a project has been contracted,  the full project fee we have agreed between us is deemed to be incurred unless we have specifically agreed payment milestones. You have no right to withhold or reduce payment based on any critical response to, or appraisal of, the copy I write for you, and you acknowledge my right to pursue payment in full should you elect for any reason to do this.

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4.91 Costs are for my time spent on the project, regardless of whether or not the work is used.

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4.92 Should you for any reason fail to maintain communication with us with regard to a project which you have contracted, I will issue an invoice forthwith, and due for immediate payment. 

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4.93 In the event of premature commutation of the project by you for any reason, no reduction in fee will be due, and the full sum agreed between us for the work contracted will immediately become due for payment, with the immediate cancellation of any period of credit shown on the invoice.

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4.94 This does not affect your statutory rights, nor your rights under the terms of my Guarantee (see clause 6, above) which protects you in the situation where, after a fair and proper process of collaboration, you feel that the copy I have delivered is not suitable for your purpose.

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4.95 If you have appointed me to write your copy and decide not to make final copy revisions for any reason, I reserve the right to charge for the project in full as soon as I have submitted the latest draft.

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5. Late payment

 

5.1 I understand and will exercise my statutory right to interest and compensation for debt recovery costs under the late payment legislation if I am not paid according to agreed credit terms.

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5.2 As a supplier, where payment is not received within 5 working days of the due date shown on the invoice, I reserve the right to charge interest from the due date. This will be applied in line with the  Prompt Payment Code guideline of 8% plus the prevailing Bank of England base rate. 

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5.3 In addition, The Late Payment of Commercial Debt (Interest) Act (1988) states that for debts of less than £1000, the penalty is £40, rising to £70 for debts up to £9,999.99 and £100 above that.

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6. Work not signed off by the Client

 

6.1 My aim is to do a great job for you, for the fee that we agree, and to send you away so happy that you come back again. In any creative process, however, there can be misunderstandings. ​If, when you see a draft, you are dissatisfied with the work that I have written for you, please discuss it with me, and I will do everything that I can to resolve your concerns. 

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​6.2 However, if you remain ultimately unhappy with the copy I have written for you, after submission of draft revisions - as outlined in paragraph 3.2 of these terms and conditions - full payment will remain due for the work undertaken to date. 

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6.3 In such circumstance, you agree to absolve me of liability 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 which has been caused to your business or to the business of any third party. 

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7. Jurisdiction

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7.1 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 and agree to subject yourself to and comply with any settlement ordered under UK Jurisdiction.

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8. Security

 

8.1 If you pass data, information or materials of any kind to me as part of a project which you wish me to undertake for you, or for a company who are your client, I will be happy to sign any NDA you wish to present in good faith, but you indemnify me against any action whatsoever by you or your client, associated with the accidental disclosure or loss of this information.

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9. Passing over of your own copy draft

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9.1 As part of the brief for your project, you may ask me to view a copy draft which you have written yourself, or which has been written for you by somebody else. If you send me such draft copy, you affirm that you are the copyright holder, or that you are authorised by the copyright holder to permit all or part of this material to form a part of the new copyright work which I will create for you. In such a case you indemnify me against any claim arising from subsequent suggestion that the new work in any way breaches any existing copyright.

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9.2 In any situation where you do ask me to view an existing copy draft as part of the briefing, you acknowledge that the draft which I will write for you may bear similarities in all or part to this draft, but that in such a case the draft I write for you will be considered as an original work under the terms of my contract, without regard for the existence of the original draft.

 

10. Referencing other people's content

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10.1 If you send me research or sample copy taken from someone else's printed collateral or site as an indication of what you want, I will 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 indemnify me against any action arising, directly or indirectly, as a result of use of this content as reference material.

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11. Intellectual property rights

 

11.1 When you commission me to write copy for you, you are purchasing the copyright in the work I write for you, and this is assigned to you on receipt by me of full and final payment of all fees due.

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11.2 If, for any reason, full payment of the agreed quotation is not made according to section 4 of these terms and conditions, the copyright remains with Steve Bookbinder/Clever Copywriter. I retain the copyright until I have received, in full, the agreed payment. If I am not paid in full, I reserve the right to refuse the use of text I have written for any purposes.

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11.3 I reserve the right to use extracts of the copy in the ongoing promotion of Steve Bookbinder/Clever Copywriter, including on my website or social media.

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11.4 Whilst I make every effort not to breach any copyright, you agree to indemnify me against action that may arise as a result of using my services.

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12. Errors and literals

12.1 I make every effort to ensure that copy is free of spelling mistakes and other literals. Early drafts may 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, and 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, whether or not these errors appeared in any draft of the copy supplied by me.

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13. Copy samples on this site

13.1 You acknowledge that all sample copy displayed on https://www.clevercopywriter.net is copyright the commissioning company or Steve Bookbinder/Clever Copywriter, and is displayed for your information only. You may not copy or adapt any item, in whole or part, for any use whatsoever, save in a presentation whose purpose is to demonstrate to a client or colleague the nature of my work, with a view to gaining approval to commission me.

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14. Exclusions

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14.1 The proposal submitted by me does not include liaising with other agents such as graphic designers or web developers unless specified, or meetings outside of the initial creative brief. Travel time will be itemised on invoices for additional onsite meetings.

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14.2 Any costs that are added to the services ordered (including couriers, other media and travel costs) are in addition to the amount quoted and shall be charged to the Client as required. These costs will be itemised separately in the invoice.

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15. Performance of the copy I write for you

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15.1 With so many factors contributing to the success of a piece of copywriting, Steve Bookbinder/Clever Copywriter cannot make any guarantees as to the performance of the copy created for the Client.

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15.2 Due to the complex nature of search engine ranking, I cannot guarantee any specific ranking as a result of publishing optimised copywriting.

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15.3 Steve Bookbinder/Clever Copywriter accepts no responsibility or liability for any actions taken by the Client that cause the website of the Client to be penalised or banned from any search engine.

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16. Working with subcontractors

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16.1 I reserve the right to assign work to subcontractors to ensure project deliverables are met. All subcontractors adhere to Steve Bookbinder/Clever Copywriter's standard and style of copywriting. The Client is not to have direct contact with the subcontractor without my authority.

 

17. Indemnity
 

17.1 Steve Bookbinder/Clever Copywriter cannot be held responsible for how the material produced is used once the Client has approved the final draft.

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17.2 The Client agrees to indemnify and to hold Steve Bookbinder/Clever Copywriter harmless against any and all claims, costs, and expenses, including solicitors' fees, due to materials included in any work undertaken at the request of the Client.

 

17.3 By using my services, you agree to indemnify me against any claim, including that of a third party, for compensation or damages resulting from the use of my written material or from unsought permissions to use my material.

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17.4 Although every piece of written content I produce is original, the client accepts full responsibility for checking the authenticity of the project, including research materials and citations supplied and indemnify me of any compensation for loss or damages.

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18. International payment fees

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18.1 International clients are expected to cover any additional currency conversion charges to the service provider - Steve Bookbinder/Clever Copywriter.

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19. Force Majeure

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19.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.