TLT’s copywriting agreement includes a no liability clause, meaning if copy is edited or changed by the client after TLT has written it and it has been signed off and approved as per brief and agreement, TLT cannot be sued for defamation or misleading advertising. TLT keeps records of all original documents, including client quote, copywriting agreement (signed), instructions and emails relevant to project, notes and the final version of completed work.
The agreement must be signed by either the registered owner of a business name (sole trader) or, the director of a company entity. Should the company be unable to pay TLT’s account by the due and agreed date the company director gives their personal guarantee that they will pay the account or be held personally liable for the debt. In the event an overdue account is referred to a collection agency/law firm you will be liable for all costs including collection costs, agency commissions, legal and demand costs and any other associated fees.
All original material remains the property of the little typewriter (TLT) until final payment is received. When full and final payment is completed, copyright of the work produced is automatically assigned to the client. The client can then use the work however they wish. In the event that a project is cancelled before completion by the client, the client waives copyright to any and all work completed.
TLT also reserves the right to display and link to the completed project as part of an online portfolio. (The link will also help the client’s Google ranking.)
TLT 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 TLT is factual and correct.
TLT cannot be liable to clients or any third party for damages, including lost profits, lost savings, complaints, claims, litigation or other incidental, consequential or special damages which arise regarding the project.
If any provision of the copywriting agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Unless otherwise stated, every project will include two rounds of edits. Additional rounds operate as a variation and incur additional fees at $70 per hour.
When we work together, I’ll give you a Q+A creative brief. This is important for teasing out the copywriting gold and defining your project scope and vision. Project briefs that are perfected from the start result in minimal edits later, saving you time and money.
Writing is my bread and butter, so prompt payment is important. The client must agree to adhere tight to the following payment schedule, as I agree to adhere tight to our project schedule.
Unless otherwise agreed, projects exceeding $1,000 are subject to a 50% deposit before work commences. Jobs less than this amount require full payment in advance.
Weekly, fortnightly or monthly payment retainers are set up, depending on project size and client’s needs for part-payments of the work completed thus far. Final invoice is issued upon project completion. Payment must be paid in full before the copyright of work is transferred to client.
A $60.00 service charge is payable on all overdue balances for reissuing each invoice at 21 days, 42, 63 and 84 days from the date of original invoice.
The price of services is either:
(a) as indicated on invoices provided by TLT to the client; or
(b) TLT’s quoted price (subjected to clause 6.4), providing the quote was given to the client in writing and the client has accepted TLT’s quotation in writing within 30 days of the date of the quote.
Unless otherwise stated, each quote or order will include two rounds of revisions and one round of proofreading. Additional rounds of either operate as a variation and incur additional fees at $70 per hour.
Unless otherwise stated, prices quotes are in Australian dollars (exclusive of GST). Additional charges, such as travel time, delivery or courier costs, redrafting/redrawing fees or liaison with third party agents such as web developers or graphic designers may be added to the price of the services upon your written authority. These costs will be clearly outlined if applicable.
The client acknowledges that any changes to the original brief or scope of works requested by the client, or which become necessary in the professional opinion of TLT to give the full effect to the client’s order, will be a variation and incur additional fees. If an order is considered urgent, as agreed upon by both parties, TLT may charge a rush loading equal to 30% of the price of the order.
TLT reserves the right to change the price of an order in the event of any variations, including changes to the brief, additional rounds of editing/proofreading, request or need of additional paid supplies, such as additional or specifically purchased royalty-free images, or increase in delivery costs and the costs of complying with all legislation, regulations and by-laws from the date of the client’s quotation.
TLT may recover from the client as a liquidated debt due or owing all costs, losses and expenses incurred as a result of default or omission of the client, contractors, subcontractors, consultants, representatives or others responsible.
If a client cancels after TLT has received the signed agreement and brief, a cancellation fee will apply. This may include costs such as time spent for brief preparation, research, drafting, proofreading or set-up fees, including loss of profit. If all works are completed at the time of cancellation, full payment is required. Written notice must be provided to cancel and only becomes effective once TLT provides written confirmation of client’s request to cancel.
TLT does not subcontract any written works. External proofreading and/or editing will be done by a third party.
TLT strongly believes in hitting deadlines, but this is only achieved if we work together.
TLT is not responsible for a missed deadline if the client has been late with a deposit, slow to supply materials or not provided feedback to agreed timescales.
TLT also cannot be responsible for deadlines missed due to circumstances completely beyond control, like family emergencies, acts of God and so on (within reason). I’m a one-lady band. But if this should happen, the client will be updated accordingly and work prioritised as quickly and as efficiently as possible.
Further changes will obviously take extra time. Deadlines can be agreed upon together, but TLT will do everything reasonable to meet the client’s needs.
Whilst TLT will make all reasonable efforts to bring about desired performance levels regarding SEO through optimised content, TLT makes no guarantees or warranties that SEO services and Works will bring instant results, or that a performance level can or may be maintained. If chosen service includes article submissions (outreach), TLT will make all reasonable efforts to place content within a (4) week timeframe on an external site with a Domain Authority equal to or higher than client’s, according to the Moz toolbar. However, no guarantees can be made with outreach or SEO. This is because the search engine algorithm is always changing and Google warns against such guarantees.
The client acknowledges that whilst TLT may in its sole discretion optimise previous SEO works within this contract agreement to the client, further SEO works or re-optimised work may be considered a separate contract and service, and TLT may invoice the client accordingly.
The client agrees that TLT is not liable for any costs or loss incurred by the client for any implementation made by the client, or by TLT on the client’s behalf, which does not conform to the evolving algorithms, guidelines, styles and best practices by Google.
The client agrees that TLT utilises only legitimate ‘white hat’ SEO tactics and TLT is not liable for any act, omission, delay or representation including but not limited to the service, works or any conduct required in the sole discretion of TLT to provide the service or works, which directly or indirectly causes the client’s website, domain name or email to be penalised, blacklisted or banned by search engines, and the client acknowledges that it is also their responsibility to comply with the terms and conditions of Google and other search engines.
If the client wishes to cancel the copywriting agreement, TLT retains the deposit and the client will be required to make additional payment(s) to cover any work already completed. This ‘kill fee’ (not as dangerous as it sounds, I promise) will be based on the percentage of the project completed.
If the client wishes to cancel after the project is finalised, the full amount quoted and signed off on must be paid within 14 days.
If TLT cancels the project, the client will be under no obligation to pay for any work not completed. Any monies already paid (including the 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 must pay for all or any work completed to date in accordance with the standard payment terms.
If the client fails to comply with any of the Terms and Conditions, TLT may, in addition to exercising all or any of its rights against the client, suspend any further order and immediately invoice the client for any work performed for any order but not yet paid for in accordance with these Terms and Conditions.
If TLT has not provided works to the client for review, however is unable to obtain instructions from the client for a period of 10 business days without reasonable explanation, TLT may terminate the order and invoice the client or time spend on the cancelled order.
Due to their bespoke character, works may not be returned.
Services and works may not be rejected unless the final works provided do not conform with the brief or scope of works detailed in the project brief, and such non-conformity does not result directly or indirectly from the instructions (or lack thereof) of the client.