Last updated January 2016
Thanks for taking the time to look at my Terms and Conditions. It may seem like a lot of stuff to read over, but when we’re working together we need to have clear communication with each other.
Of course we’re going to have fun – but all fabulous relationships need a foundation of trust, respect and understanding of each other’s roles, duties and obligations to each other.
With any service, there will be some small print. Please read these Terms and Conditions as they’re here to provide clarification for both of us in the unlikely event of dispute.
PLEASE UNDERSTAND: When you indicate that you want to work with me, you’re also stating that you’ve read and agreed to these terms and conditions of our working relationship and agreement. It won’t take you long!
All commissions will be undertaken on the basis of these Terms and Conditions having been read and agreed. These Terms and Conditions take precedent over any other Terms and Conditions, express or implied.
These Terms and Conditions apply to all work provided by Kylie Saunder trading as Kylie Saunder ABN 91 820 895 614 (KS)
1.1 Your quote is valid for 21 days from submission date
1.2 All quotes include 2 rounds of revisions at no extra charge
1.3 Any additional revisions or proofreading will incur additional charges at an hourly rate of AUD$120
1.4 The client has a maximum of 14 days to respond with revisions from submission of the first draft, second draft and final drafts. After which time the project will be closed and the client will be invoiced for the full amount of the project.
1.5 Note that the revisions based on a change in the project’s scope, direction or format, made after the first draft is submitted will incur an additional fee. In this event you will be notified in advance.
1.6 Unless specifically stated in the proposal, my quotes don’t include:
- Liaison with other agents such as graphic designers or web developers
- Meetings outside of the initial creative brief
- Travel time for onsite meetings
2 CONFIRMATION OF A PROJECT
Before starting a project, I require the client’s written confirmation, by email that they are commissioning me to work on a project for their business, and of acceptance of the estimate.
It will be assumed that this confirmation also binds the client to these terms and conditions.
A contract will exist only between KS and the client, not between KS and any third party.
The client agrees to indemnify KS against any claim for compensation or damages brought about as a direct or indirect consequence of any work I do for the client or the client’s organisation.
Throughout the term of the project, all material is the property of KS, transferring to the client when final payment is made.
Until such time, the client is banned from reproducing, altering or redistributing any material produced by KS.
Once copyright transfers to the client, and unless expressly agreed otherwise, KS retains the right to use all or a portion of the material for promotional purposes.
If a project is cancelled at any stage before it is finished, KS retains copyright, regardless of any previous payments.
5 INDEMNITY AND LIABILITIES
You agree to indemnify KS against any claim for compensation or damage brought about as a direct or indirect consequence of the work I do for you and/or your organisation.
KS relinquishes all responsibility for legal repercussions that may be incurred on publication or distribution of material by the Client. It’s the responsibility of the Client to ensure the accuracy of all content and that all information provided to, or produced by KS is factual and correct.
Where KS has created original brand/product names or company slogans, KS will take all due care to ensure no existing copyright or trademarks apply, however applicable search fees will be charged to the Client.
I will do my utmost to ensure that all materials supplied to you are free of literal and spelling errors. However, you agree that you are responsible for final proofreading, and indemnify me against any costs arising from the appearance of such errors in any printed or published form.
Whilst I will do my best to ensure that my work complies with the law, it is your responsibility to submit all copy for legal review.
All materials provided by ‘The Client’ are assumed to be legal and accurate.
KS takes no responsibility for the material and how it is used once ‘The Client’ has approved the final draft.
6.1 Any claim by ‘the Client’ as to incorrect performance or breach of these terms and conditions must be made to KS in writing within seven days of delivery.
6.2 ‘The Client’ agrees to indemnify and to hold KS 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’.
6.3 KS will not be liable in any way for any direct, indirect, incidental, special or consequential losses or damages resulting from use of services including but not limited to: loss of data and other intangibles; costs or damages resulting from or related to any services purchased or obtained; resulting from unauthorised access to, or alteration of ‘the Client’ transmissions or data.
6.4 Any imposed liability shall be limited to resupply of information or services.
6.5 All materials provided by ‘the Client’ are assumed to be legal and accurate.
6.6 ‘The Client’ is asked to nominate one primary contact for all revisions and contact throughout the project.
6.7 KS takes no responsibility for the material and how it is used once ‘the Client’ has approved the final draft.
7 PAYMENT TERMS AND DEPOSITS
My project quotes are produced based on how many hours they are expected to take. My payment terms for projects worth more than $300 are a non-refundable deposit of 50% upfront with the balance due seven days after the first draft is sent to the client.
Projects worth less than $300 require full payment upfront.
There is an allowance for two free rounds of amends. Further amends will be charged at current hourly rate.
Should the parameters of the project change, I reserve the right to increase my costs to take into account any extra time needed.
Any agreed retainer fees are to be paid at the start of each month and any work completed outside the agreement of the retainer will be charged at the usual hourly rate.
I encourage clients to contact me immediately to discuss payment options should these terms cause any financial difficulty.
While I will go to any lengths to avoid it, I understand and may exercise my right to recover debt through legal proceeding should the need arise.
8.1 The final invoice will be issued 7 days after the first full draft is sent to ‘the client’ or when final sign off is given (whichever occurs first) With ongoing work, an invoice will be issued weekly.
8.2 Payment terms are 7 days from the date on ‘the Client’ invoice.
8.3 KS reserves the right to charge interest to ‘the Client’ on overdue accounts at a rate of 10% for the first 21 days overdue and 20% thereafter.
8.4 The Client’ agrees to pay KS any expenses incurred in collecting outstanding debts due by ‘the Client’ to KS.
8.5 Payments can be made by bank transfer (preferred) or PayPal (PayPal payments incur a 2.5% surcharge or 3.5% for payments from overseas).
8.6 If your project is urgent and requires a first-draft turnaround of less than 2 working days a rush loading of 25% will apply.
8.7 Any costs additional to the Services ordered (including couriers, other media and travel costs) are in addition to the amount quoted and shall be charged to the ‘the Client’ as required. These costs will be itemised separately in the invoice.
9 CHANGES IN SCOPE
9.1 Any modifications to the original project brief during the course of execution will render the provided quotation invalid, and additional fees/charges may be applied to cover time and expenses.
9.2 The new quote will need to be approved and revised deposit paid before work can restart.
10 TERMINATION, CANCELLATION AND REJECTION FEES FOR COPYWRITING
It is in the client’s interest to furnish me all the necessary information to complete the project to requirements. If the project is rejected on the basis of style, composition, editing or our interpretation of your needs, amendments or circumstances, you are liable for the full cost of the initial estimate.
Furthermore, if you commission me to write a first draft and then cancel the project for whatever reason, I will invoice you for the full estimate. Normal payment terms of 7-days will apply in these circumstances.
If the project is cancelled after the confirmation, but before the work on the first draft begins, I reserve the right to charge 25 per cent of the estimate.
If for any reason, I need to cancel the job before it begins, I will refund the deposit.
KS is not responsible for any delivery delay if the delay or failure to supply is caused by matters beyond reasonable control including, without limitation:
- acts of God
- power failure
- equipment failure
12.1 The copyright for any work delivered by KS to ‘the Client’ remains the property of KS until all monies due to KS have been paid.
12.2 KS reserves the right to use ‘the Client’ projects for her own promotional use unless a Non-Disclosure Agreements precluding this has been signed by KS.
12.3 KS may approach ‘the Client’ for a testimonial after the project is completed to their satisfaction, although provision of the testimonial is not obligatory.
12.4 If a project is cancelled at any stage before it’s finalised KS retains copyright, regardless of any previous payments.
13.1 Due to the ever changing, dynamic nature and changing algorithms of Search Engines KS offers no guarantees regarding the performance of sites (including social media sites) based on her involvement.
13.2 KS accepts no responsibility, liability or costs incurred for any conduct implemented by ‘the Client’ that does not conform to the individual guidelines of each individual Search Engine.
13.3 KS 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. It’s the responsibility of ‘the Client’ to implement the changes, based on the Terms and Conditions outlined by each Search Engine specifically at the time of implementation.
14 RETAINER FEES
Retainer payments must be paid in advance on a weekly basis. Projects exceeding the agreed hours of the retainer agreement will be charged at the nominated project rate, subject to these Terms and Conditions.
Should the Client cancel the retainer contract prior to the term of the retainer period, the Client will be liable to pay out the remainder of the retainer contract within 7 days (1 week).
Should KS cancel the retainer contract prior to the term of the retainer period, the standard monthly fee will be refunded, less any work already completed to date within 7 days (1 week) of cancellation.
15 ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions.
They shall be governed by Australian law, and the parties hereby agree to submit themselves to the exclusive jurisdiction of Australian Courts.