myTerms

my terms and conditions

1 why terms and conditions?
Because, should a dispute arise, Terms and Conditions provide clarification
for both parties.

2 hiring wordbright
Hiring my services requires your agreement to these Terms and Conditions,
confirmed by clicking the 'I agree' button below, thus entering a contract
with Wordbright Limited, a UK private Limited Company trading as 'wordbright.com'.

3 what the contract means
Contracting with Wordbright to write, design or consult for you, your service or your company acknowledges:
(a) that you've been offered the opportunity to read these Terms and Conditions and agree to be bound by the version of these Terms and Conditions as displayed on www.wordbright.com at the time of contracting.
(b) and that these Terms and Conditions override any other terms and conditions as the basis for the contract between us, express or implied, and regardless of whether it is your general practice to conduct similar engagements under your own Terms and Conditions.

3.1 contract confirmation
A job is confirmed as soon as Wordbright receives your e-mail clearly commissioning the work. If you are contracting with Wordbright on behalf of any group of individuals other than yourself alone or, on behalf of a company, you must warrant that you are authorised to enter into a contract on behalf of that group of individuals or company.

3.2 purchase orders
if you're are contracting on behalf of a company operating a Purchase Order system, the job starts immediately on receipt of a PO number issued by email or fax, followed by a hard copy in the post.

3.3 contract confirmation if you're working for a
marketing services or web development agency
If you require me to work on a project for one of your clients; on behalf of a marketing services agency; or web development agency of any kind, please note that:

(a) a contract will exist only between me and the marketing services agency,
and not between me and any client of the marketing services agency.
(b) Wordbright requires your indemnification against any claim of
compensation or damages by any client of the marketing services agency,
brought about as a direct or indirect consequence of the use or inability
and/or unwillingness to use, material created by Wordbright.
(c) Wordbright requires attestation that you are authorised to enter into a
contract on behalf of that marketing services or web development agency.

3.4 my contracting directly with one of your clients
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 me, acknowledging 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. In such a case, I affirm that I will not seek to sell to your client any services, other than copywriting, which they have at any time previously purchased from you.

4 what you get for your fee
Once we've agreed the fee, the copy will be written (and rewritten) to brief, until you are totally satisfied, without any further fee being due (even including rewriting from scratch after you have viewed the initial draft, if that's your wish).

To avoid any possibility of this policy being abused, the service of which you are contractually assured for the price agreed is defined as and limited to: preparation of first draft; submission of first draft; integration of your feedback to allow preparation of second draft; submission of second draft.

5 the wordbright guarantee
We aim to do an outstanding job for the agreed fee, because satisfied clients come back for more.

However, long experience of the creative process makes us aware that misunderstandings can happen. In which case, if you express dissatisfaction with a draft I've written, let's discuss immediately and everything than can be done will be done to allay concerns.

So, if after 3 additional draft submissions, you still continue to express dissatisfaction (i.e. failure to create work suitable for your purpose measured against the requirements of your brief), you'll be free to terminate our contract with no payment being due. And any part payment you may have made will be reimbursed.

This is entirely without prejudice, and no liability or admission of failure or inability to complete the contract on our part is implied.

Naturally, in such circumstance, you must undertake to make no use whatsoever of any material contained in any draft prepared by Wordbright.
Furthermore, you agree to absolve me of all responsibility 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.

6 payment terms
STANDARD TRADING TERMS: Wordbright invoices on or after the date on which
work is commenced. Payment falls due at 30 days unless there has been an agreement otherwise expressed in writing.

ARE YOU OUTSIDE THE UK? If the entity to be invoiced is not a UK Limited Company, we may, at our discretion, ask you to pay 50% of the project fee in advance of commencement of the work. In this circumstance, the balance of the fee will be invoiced on commencement and fall due at 30 days.

HOW TO PAY: payment is by cheque to the payee and address shown on the invoice, unless an electronic funds payment directly into the Wordbright account has been agreed. Please, will you or your accounts department take necessary steps to obtain our details required to facilitate this.

The existence of an 'end of following month' payment practice in your company's handling of accounts payable will in no way alter your obligation to make payment on the due date shown on our invoice.

WHEN TO PAY: once a project starts, the fee agreed for the full project is due, unless specific payment milestones have been agreed as well.
You have no right to withhold or reduce payment based on your critical response to, or appraisal of, the copy we write for you, and you acknowledge our right to pursue payment in full should you elect for any reason to do this. And, should you for any reason decide to halt the project, 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.

This affects neither your statutory rights, nor your rights under the terms of our Guarantee (5, above) protecting you in the situation where, after a fair and proper process of negotiation, you feel that the copy delivered is unsuitable for your purpose.

8 late payment
Wordbright has signed up to the UK Government's Better Payment Practice Code. Where payment is not received within 5 working days of the due date shown on the invoice, we reserve the right to charge interest. This will be applied in line with the DTi 'Better Payment Practice' guidelines of 8% plus the prevailing Bank of England reference rate. The current Bank of England reference rate for the period 1st July 2006 until 31 December 2006 is 4.50%, making a total interest rate chargeable of 12.5%. Under the Terms of the guidelines and associated legislation, a compensation payment may also be
due. You can click here to verify these guidelines and rates.

9 jurisdiction
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 settlement ordered under UK Jurisdiction.

10 delivery dates
Although Wordbright takes professional pride in meeting every deadline punctually, in the case of a problem arising, you will be immediately informed and, together, a course of action will be agreed. Wordbright reserves the right to delay any delivery date by up to 48 hours, providing that you've been given 24 hours notice before the originally agreed deadline.

11 security
Regarding any data, information or materials passed to Wordbright as part of a project, I am happy to sign any NDA presented in good faith as long as Wordbright is indemnified against any action whatsoever by you or your client, associated with the accidental disclosure or loss of this information.

12 if you send your own copy draft.
If, attached to your brief is a copy draft written by you or someone else, Wordbright requires affirmation that you are (or are authorised by) the copyright holder(s) to permit all or part of this material to form a part of the new copyright work that will be created for you. In such a case you indemnify Wordbright against any claim arising from subsequent suggestion that the new work in any way breaches any existing copyright.

In any situation where Wordbright is asked to view an existing copy draft as part of the briefing, you acknowledge that the Wordbright draft may bear similarities in all or part to this draft, but that in such a case the draft the Wordbright draft will be considered as an original work under the terms of our contract, without regard for the existence of the original draft.

13 with reference to other people's content
If, as an indication of what you want, you send research or sample copy from someone else's printed collateral or site, Wordbright will make every effortto ensure that the draft prepared 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.

14 your right to use my writing
Your commission purchases the copyright in the work Wordbright prepares for you, assigned on receipt when all fees are paid in full.

Wordbright reserves the right to use extracts of the copy in the promotion of wordbright.com

15 errors and literals
Wordbright makes every effort to ensure that copy is free of spelling mistakes and literals. And, while errors may slip through in the early drafts, we strive to ensure that they're absent from the final submissions.
However, the responsibility for checking spelling mistakes and literals is yours and you absolve Wordbright.com 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 us.

16 my collaboration with other copywriters
When you contract with Wordbright to write copy for you, you acknowledge that, on occasion, collaboration may occur with other specialist professional copywriters in order to help deliver all or part of the work required. In which case, I undertake to review and amend the work before it is presented to you, and to ensure that the work is of the quality and professionalism expected had I written it all myself.

PLEASE COPY AND PASTE THE AGREEMENT BELOW INTO AN EMAIL.
CLICK HERE TO EMAIL

THIS DRAFT OF THESE TERMS AND CONDITIONS PUBLISHED 01 DECEMBER 2006

I AGREE WORDBRIGHT’S TERMS AND CONDITIONS
I confirm that I am commissioning the project we have discussed on the terms
agreed in our correspondence, and that I have read and agree to the Terms
and Conditions displayed at www.wordbright.com.

Today's date
Name

E-mail

TERMS & CONDITIONS
C2006 LEONARD WEINREICH/WORDBRIGHT.COM