Terms and conditions
My goal is to keep things fair, reasonable and to build an ongoing, happy relationship with all my clients. In all my years as a freelance business, I've never once had any problems with any of the legal stuff in this document. However, we do need some 'legal stuff' just to keep everything above board.
Just click the button to say you're ok with it (assuming you are ok with it). If there are any issues arising, please write me an email outlining the bits you're not happy with and we'll go from there.
Just scroll down the page and you will find all the information there.
Thank you and I can't wait to start working with you.
Terms & Conditions for Jacqueline K Harris t/a Brightspark Marketing
Throughout these Terms and Conditions, 'You' means you, the person agreeing the Terms and Conditions, and any company on behalf of which you claim authorisation to act. 'We', 'Me' 'I' and 'Us' all refer to my company, 'Brightspark Marketing’.
1. What these Terms and Conditions are
By contracting with me to provide writing and marketing services for you, you acknowledge that you have been offered the opportunity to read these Terms and Conditions and agree to be bound by the Terms and Conditions at the time of contracting. When you contract with me to act for you, you acknowledge that as the formulation of the contract between us, these Terms and Conditions take precedence over any other terms and conditions, express or implied, and regardless of whether it is your normal practice to conduct similar engagements under your own Terms and Conditions. If you hire me, Jackie Harris, to act for you, you are contracting with Brightspark Marketing a UK, VAT registered Sole Trader.
2. Confirming our contract and starting the job
- A job is considered as being contracted when you agree these Terms and Conditions by clicking the 'I agree' button on my website www.brightsparkmarketing.com
- If, for any reason, I do not ask you to do this or you decline to do this, a job may be judged to have been contracted by you sending me any email in which you clearly indicate that you wish me to proceed with the work at a fee you have agreed with us in earlier correspondence. If you are contracting with me on behalf of any group of individuals other than yourself alone, or on behalf of a company, you warrant that you are authorised to enter into a contract on behalf of that group of individuals or company. If you are contracting on behalf of a company which uses a Purchase Order system, the job will be deemed to be contracted only on receipt by email or post of a PO number. The PO itself should be supplied by email or post, but the job will be deemed to have been contracted as soon as your PO number is received.
3. Contracting with me if you work for a marketing services or web development agency
- If you contract with me on behalf of a marketing services or web development agency of any kind, to work on a project for one of your clients, a contract will exist only between me and the marketing services agency, and not between us and any client of the marketing services agency.
- You agree to indemnify me against any claim by any client of the marketing services agency for compensation or damages brought about as a direct or indirect consequence of the use, or inability or unwillingness to use, the material which we write for you.
- If you contract with me on behalf of a marketing services or web development agency of any kind, you attest that you are authorised to enter into a contract on behalf of that marketing services or web development agency.
4. Jackie Harris 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 Brightspark Marketing, and you acknowledge 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 agree that we will not seek to sell to your client services, other than those originally contracted, which they have at any time previously purchased from you.
5. The work I do for the fee agreed on copywriting
- My standard pricing model for copywriting is intended to be one of 'locked pricing'. That means that once we've agreed the fee, I aim to support the copy produced until you are entirely happy with it, without any further fee being due.
- In order to avoid the possibility of this policy being abused, the service of which you are contractually assured for the fee we agree 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.
6. My Guarantee
- My aim is to do you a great job, for the fee that we agree, and to send you away so happy that you come back again. That said, on rare occasions there can sometimes be a ‘disconnect’ when clients view a first draft. If, when you see a draft, you are dissatisfied with the work that I have written for you, please discuss it with me and I will do everything that I can to resolve your concerns.
- In the end, if you have given me proper opportunity to address your concerns (defined as working in genuine collaboration with us through at least 3 additional draft submissions after you inform me in writing of your dissatisfaction), and still consider that I have failed to deliver work which is suitable for your purpose when measured against the requirements of your brief, you will be free to terminate our contract with no payment whatsoever being due. If you have made part payment in advance, this will be reimbursed to you.
- This is entirely without prejudice, and no liability or admission of failure or inability to complete the contract on our part is implied.
- In such circumstance, you undertake to make no use whatsoever of any material contained in any draft which we have prepared for you. In such circumstance, 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.
7. Payment terms
My standard trading terms are as follows:
- For one-off projects – 50% is payable in advance with the balance invoiced on completion. Payment for the outstanding balance will be due in 15 days from the date of invoice unless otherwise agreed in writing.
- For retainers – where we agree an ongoing fee, the first invoice is raised on the date work commences. Payment terms are 15 days from the date of that invoice unless otherwise agreed in writing.
- You will make payment by cheque, BACS or other recognised bank transfer, to the address or account shown on the invoice. If you are making electronic payment and your accounts department require any information additional to that shown on your invoice, they must request this information from us in sufficient time to complete payment by the appropriate date.
- If you wish to make payment by PayPal, I can arrange for you to do this securely, and you must advise me of this in sufficient time for payment to be completed by the due date.
- 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.
- Once a project is contracted as described above, the fee we have agreed between us for the full project is deemed to be incurred unless we have specifically agreed payment milestones. You have no right to withhold or reduce payment based on your critical response to, or appraisal of, the copy I write for you, and you acknowledge my right to pursue payment in full should you elect for any reason to do this.
- Should you for any reason fail to maintain communication with me with regard to a project which you have contracted, I will issue an invoice forthwith, and due for immediate payment.
- I will consider failure to maintain communication as a period of 21 days in which we do not hear from you, despite our sending 3 or more emails to an address via which we have previously communicated successfully with you and from which the mail does not bounce. 5 days will be allowed for the last email to be responded to. In such a situation, we will make every effort to contact you by telephone as well as by email, but it is your obligation to ensure you maintain communication throughout your project.
- In the event of premature commutation of the project by you for any reason, 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 does not affect your statutory rights, nor your rights under the terms of my Guarantee (6, above) which protects you in the situation where, after a fair and proper process of collaboration, you feel that the copy I have delivered is not fit for purpose.
- For purchases made on your behalf, I will arrange to have the supplier bill you directly or ask you to pay directly if required. If however I need to make small purchases on your behalf (e.g. a photograph from iStock), I will bill you at cost.
- Fees include reasonable attendance at meetings at your premises. However, any other travel costs are charged at £0.45pence per mile, or the best available price on 2nd class rail.
8. Late payment
- I am a signatory 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 January 2013 until 30 June 2013 is 0.5%, making a total interest rate chargeable of 8.5%.
- Under the Terms of the guidelines and associated legislation, a compensation payment may also be due. You can click here to verify the Better Payment Practice guidelines and rates.
- 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 Jurisdiction in the Courts of England and Wales will prevail and agree to subject yourself to and comply with settlement ordered under by the Courts of England and Wales.
- If you pass data, information or materials of any kind to me as part of a project which you wish me to undertake for you, or for a company who are your client, I will be happy to sign any NDA you wish to present in good faith, but you indemnify me against any action whatsoever by you or your client, associated with the accidental disclosure or loss of this information.
11. Passing over of your own copy draft
- As part of the brief for your project, you may ask me to view a copy draft which you have written yourself, or which has been written for you by somebody else. If you send me such draft copy, you affirm that you are the copyright holder, or that you are authorised by the copyright holder to permit all or part of this material to form a part of the new copyright work which I will create for you.
- In such a case you indemnify me against any claim arising from subsequent suggestion that the new work in any way breaches any existing copyright. In any situation where you do ask me to view an existing copy draft as part of the briefing, you acknowledge that the draft which I will write for you may bear similarities in all or part to this draft, but that in such a case the draft I write for you will be considered as an original work under the terms of our contract, without regard for the existence of the original draft.
12. Referencing other people's content
- If you send me research or sample copy taken from someone else's printed collateral or site as an indication of what you want, I will make every effort to ensure that the draft that I prepare 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.
13. Your right to use the copy I write for you
- When you commission me to write copy for you, you are purchasing the copyright in the work I write for you, and this is assigned to you on receipt by me of full and final payment of all fees due. I reserve the right to use reasonable extracts of the copy in the promotion of Brightspark Marketing.
14. Errors and literals
- I make every effort to ensure that copy is free of spelling mistakes and other literals. Early drafts may sometimes contain such errors, and my practice is to ensure that these are removed before a final draft is submitted to you. However, the responsibility for checking for spelling mistakes and literals is yours, and you absolve me 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 me.