When commissioning work from KO Copywriter you agree to the acceptance of these terms which form part of the contract between me, Kevin O’Hara, and you, the client, and which take precedence over any other terms and conditions, express or implied, that you or your company may follow as general practice, or request of me unless such terms and conditions are accepted by me in writing. No addition or variation to these terms and conditions will be binding unless it is agreed by me in writing. I reserve the right to amend or vary these terms and conditions at any time without notice but if they are amended, I will send you an updated copy.
1 Confirmation of Contract: A job is confirmed and a contract made upon receipt of written or email confirmation from you, commissioning the work based on the quotation that I have provided. The quotation will set out the nature of the Work (the Work), the fees and the agreed deadline(s). If amendments are required, these should be set out in your email. Such amendments may change the quote given both in terms of time required to complete the work and the fees charged. I reserve the right to amend the quote accordingly.
2 Contracting on behalf of another client: If I am requested to undertake work on behalf of anyone other than yourself, e.g. for your clients or other business entity, you warrant that you are authorised to enter into a contract on their behalf providing satisfactory evidence, and you agree to remain responsible for all costs and fees of the client.
3 Providing a brief: Clients will provide a clear brief outlining the requirements of the Work. Whether the brief is written or verbal, responsibility for any ambiguities or inaccuracies in the resulting copy lies with the client and I reserve the right to amend the fees, including any additional costs incurred for rewrites.
4 Services and deadlines: I will use all reasonable means to ensure that work is completed and handed over by the agreed deadline. However, if I cannot make the deadline I will inform you as soon as this becomes apparent. Should the failure to meet the deadline be caused directly or indirectly by you I will not be liable for failing to make the deadline.
5 Meetings and Revisions: The initial quote includes one briefing meeting (either by phone, Skype or in person) and one revision of each piece of work in the price. Further meetings and or revisions will be charged for at my hourly rate. If the client is not satisfied with the work produced, it is essential that you discuss it immediately with me so we can resolve the issue satisfactorily. You accept that you do not have the right to withhold or reduce payment based on any dissatisfaction with the copy provided, and you acknowledge my right to pursue payment in full should you decide to do this. You do, however, have the right to cancel any outstanding work which you may have commissioned by providing 7 days written notice once the work already produced has been paid for in full.
6 Fees, Invoicing and Payment: A fixed fee will be quoted for each piece of work, based on your brief; alternatively, I can quote you for a monthly retainer at a pro-rata fee. I reserve the right to charge higher fees for urgent work that impacts on already scheduled jobs or when you require me to work over the weekend or during public holidays. I will also charge travel costs where the round trip exceeds one hour, this will include my hourly rate plus car usage at 42p per mile. I will send an invoice on completion of each piece unless otherwise agreed in writing or in the quote. Payment should be made by bank deposit directly into my bank account, the details will be provided in the invoice. All payments should be cleared within 14 days of receipt of the invoice. I reserve the right to charge interest at 3% PA on overdue payments which shall accrue from the due date. Should the client not pay the invoice within 7 days of the due payment date, I reserve the right to terminate any contract for future work.
7 Errors and literals: Once a piece of work is completed, the client accepts responsibility for any further processes in which it is used, including without limitation, marketing, printing, online publication, etc. Once the work is accepted, I am not responsible for errors or literals occurring in this work or projects related to it, or for any claims that the work breaches the intellectual property rights of any third parties and the client agrees to indemnify and keep me indemnified against any costs, losses, expenses or otherwise incurred and any claims brought about as a direct or indirect consequence of the preparation, process or use of the work.
8 Intellectual Property: The intellectual property rights in the work shall remain my property until such time as the work has been paid for in full, in cleared funds. Once all the fees are paid in full, the intellectual property in the work will automatically transfer to you but, I reserve the right to use samples of your work to promote my services to other clients. The intellectual property rights in the brief information provided and literals, shall at all times be the property of the client.
9 Liability Limitations: Nothing in the contract or these terms and conditions shall exclude or limit my liability for death or personal injury caused by my negligence or for fraud or fraudulent misrepresentations.
Subject to the paragraph above:
9.1 I shall under no circumstances be liable to the client whether in contract, negligence, tort, breach of statutory duty or otherwise, for any loss of profit, or indirect or consequential losses arising under or in connection with the contract, these terms and conditions and/or the work; and
9.2 My total liability in respect of all other losses arising under or in connection with the contract, these terms and conditions and/or the work in each year whether in contract, negligence, tort, breach of statutory duty or otherwise, shall in no circumstances exceed the amount received in cleared funds, in aggregate by way of fees for the work undertaken.
10 Breaches and Insolvency: I reserve the right at any time during the contract to terminate the contract forthwith and/or claim damages if the client breaches the contract or becomes insolvent within the meaning of the Insolvency Act 1986.
11 Disputes: Any disputes regarding the work shall, wherever possible, be resolved between us and each party will act in good faith to resolve it. Neither party shall proceed to litigation until the parties have used all reasonable endeavours to resolve the dispute for a period of no less than 10 working days.
12 Applicable Law: these terms and conditions shall be subject to English Law and the English Courts shall have the exclusive jurisdiction to settle any disputes.