SERVICES AGREEMENT

 

Version 1.1

The Content(ed) Copywriter

ABN: 81215819585

 

1. Overview

This Agreement between The Content(ed) Copywriter (“the Copywriter”) and (“the Client”) is entered into on the date of first brief and supersedes any agreement previously in place regarding copywriting services.

Acceptance of the quote is acceptance of this Agreement. This Agreement is subject to the terms and conditions outlined below.

 

2. Services

The Copywriter will provide the Client with the following services:

·       Copywriting for website, blog, SEO, white papers, eDMs or brochures

·       Strategic consulting

·       Research projects

·       Any other copywriting or marketing services as agreed in a brief in writing

 

These services shall be provided based on documentation and direction provided by the Client.

 

3. Delivery

The Client agrees to provide assets 2 working days in advance of the writing start date of each deliverable.

The Copywriter agrees to deliver the job within the agreed timeframe, with a turnaround guide of 5 days.

The Copywriter will charge a rush fee of 25% for all jobs with a delivery date of under 3 working days.

4. Payment

·       Payment amounts will be agreed upon at the time of briefing

Invoicing:

·       The Copywriter will prepare and deliver invoices to the Client 14 working days before each payment is due. The Copywriter will invoice 50% upon approval of quote. 50% balance and any incremental fees, as agreed in writing, to be invoiced upon completion of job, or 5 working days after the delivery of first draft, whichever comes first. If one round of revisions was included in the quote, the client has one month from the date of the first draft, to provide feedback, otherwise The Copywriter will assume the draft has been approved.

·       The Client shall confirm the accuracy of the amount indicated in each invoice.

·       The Client shall pay all correctly submitted invoices within 14 days of receiving the invoice.

·       The Copywriter reserves the right to charge interest to the Client on overdue accounts at a rate of 8% after an initial 7 day grace period.

 

5. Termination

·       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.

·       Unless the exception below applies, should the Client terminate the Agreement they will be liable for a cancellation fee equivalent to 50% of the fees expected for the remaining term, as well as payment of all work completed by the Copywriter.

·       Unless the exception below applies, should the Copywriter terminate the Agreement they will be required to refund any funds paid in advance for work that has not been completed.

·       The exception is where either party terminates the Agreement in a situation where:

  • the other party has committed any act of dishonesty.

  • the other party has failed to observe or perform any of the terms of this Agreement.

 

6. Responsibilities and relationships

·       The Client is responsible for ensuring the Fee is paid on time and delivers assets in a timely fashion.

·       The Copywriter is responsible for ensuring the work is done to the agreed scope and to agreed deadlines.

·       It is understood that the Copywriter is an independent contractor with respect to the Client and not an employee.

·       The Client will not provide any employee benefits to the Copywriter including holiday pay, sick pay, superannuation or maternity leave.

·       The Client agrees to the following rights consistent with an independent contractor status:

  • 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.

  • The Copywriter has the right to hire assistants as subcontractors or use employees to provide the services.

  • The Client will not hire, supervise or pay any assistants to help the Copywriter.

 

7. Confidentiality

·       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 provision shall continue to be effective after the termination of the Agreement, with the exception of the below.

·        The Copywriter may publish case studies and examples of work provided to the Client, on the Copywriter’s website and marketing channels, at the Copywriter’s discretion. The Copywriter will only publish case studies and examples that have been published in the public domain.

 

8. Copyright

·       The parties agree that the copyright work delivered by the Copywriter to the Client remains the property of the Copywriter until all fees due to the Copywriter have been paid.

 

9. Limited liability

·       The Copywriter will strive to provide error-free work.

·       Typographical errors or mistakes that are clearly the fault of the Copywriter will be corrected at no charge.

·       Final proofreading is the responsibility of the Client.

·       The Client is responsible for checking the legality of all statements in the copy provided.

·       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. 

 

10. Disclaimer

·       The Copywriter is primarily engaged in providing copywriting to its Clients.

·       In doing so, the Copywriter relies on information supplied by the Client, its employees and agents.

·       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.

·       The Copywriter will not be held responsible for the reliability and performance of any third-party applications including website and social media platforms, and any other third-party applications used by the Copywriter in the course of its business.

·       The Copywriter will not be held liable or accountable for any issues arising from third-party applications making changes to their systems, terms and conditions or rights of use, nor for any security breaches of these platforms.

·       The Copywriter will not be held responsible for security of any third-party platforms, nor guarantee confidentiality of your personal information.

 

11. Entire Agreement

·       This Agreement contains the entire agreement of the parties, and supersedes any and all previous representations, warranties, undertakings, and agreements.

 

12. Severability

·       If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

 

13. 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.