The fine print
This Agreement between Make it Clear (“the Copywriter”) and (“the Client”) is entered into upon acceptance of a brief and quote by both the Copywriter and the Client, either verbally or in writing. This Agreement is subject to the terms and conditions outlined below.
Payment amounts will be agreed upon at the time of briefing.
The Copywriter will invoice 50% upon approval of the quote. Payment of the 50% deposit must be received by the Copywriter before the Copywriter commences work on the project.
The 50% balance and any additional fees as agreed by the Copywriter and the Client will be invoiced upon completion of the job.
The final invoice, for which payment is required to transfer copyright to the Client, will be issued:
- Once the copy has been approved by the client; OR
- The first draft has been completed and provided by the Copywriter AND the client has not provided any feedback or changes to the copy within 14 days. In this instance, it will be assumed the work has been accepted as complete and the project will be closed. Further edits required after this period will need to be formally rescheduled.
The Client shall pay all correctly submitted invoices within 7 days of receiving the invoice.
The Copywriter reserves the right to charge interest to the Client on overdue accounts after an initial 7-day grace period.
Final accounts which are more than 30 days’ overdue will be referred to a debt collection agency, with all recovery fees payable by the Client unless alternate arrangements have been made in writing prior to the account falling 30 days in arrears.
All original material remains the property of the Copywriter until final payment has been received. Until such time, the Client is prohibited from publishing, reproducing, altering or redistributing any material produced by the Copywriter.
Once final payment has been received, the Client secures copyright to the material, however, the Copywriter retains the right to use any portion of the material for self-promotional interests (including displaying on the Copywriter’s website or social media), unless the Client explicitly requests exclusivity in writing, prior to completion of the project. In the event that a project is cancelled before completion by the Client, the Client waives copyright to any and all work completed.
The Copywriter relinquishes all responsibility for legal repercussions that may be incurred on publication or distribution of material by the Client. It is the responsibility of the Client to ensure the accuracy of all content and that all information provided to, or produced by, the Copywriter is factual and correct.
Responsibilities and relationships
The Copywriter is responsible for ensuring the work is done to the agreed scope and to agreed deadlines.
The Copywriter is not responsible for any loss or damage due to clerical errors on the part of the Copywriter which are missed by the Client.
It is understood that the Copywriter is an independent contractor with respect to the Client and not an employee.
The Copywriter has the right to perform services for others during the term of the Agreement.
The Copywriter has the sole right to control and direct the means, manner and method by which the services are performed.
Responsibilities and relationships (cont.)
The Client is responsible for ensuring invoices are paid on time and assets are delivered in a timely manner.
The Client is responsible for checking the accuracy and legality of all statements in the copy provided.
The Client is responsible for ensuring the appropriate review and/or approval process has been followed prior to any copy being published.
It is the responsibility of the Client to satisfy itself as to the appropriateness of any advice or recommendation supplied by the Copywriter before acting on it.
The Client accepts full responsibility for the outcome of implementing any such advice or recommendation.
The Client also accepts full responsibility for obtaining permission to publish any material whatsoever that is not owned by the Client, that may be subject to copyright, or may be reasonably expected to require permission (including any images, customer testimonials and case histories) prior to publication.
All information supplied by the Client will remain confidential and will be used solely for the purpose of completing the services.
Confidential information will only be supplied to third parties at the written request of the Client.
This Agreement may be terminated at any time without notice only by mutual consent of both parties. Either party may terminate this Agreement at any time by giving not fewer than 30 days’ written notice via email or letter.
By the Client:
In the event that a project is cancelled by the Client after the Client has signed the project authorisation, but prior to commencement of the project, the Client will forfeit their deposit.
In the event that the Client is required to cancel a project after work has commenced, the Client will forfeit their deposit and be obliged to pay for all work completed to date within 7 days.
By the Copywriter:
In the event that the Copywriter is required to cancel a project, the Client will be under no obligation to make payment for any work not completed. Any monies already paid (including the Client’s project deposit) will be refunded in full to the Client within 14 days. Should the Client wish to use any completed material and secure copyright to that material, the Client may pay for all or any work completed to date in accordance with the standard payment terms.
Governing law and jurisdiction
The applicable law to the Agreement and to disputes arising out of the subject matter of the Agreement is the law of the State of NSW, Australia.