These are our Terms and Conditions. They explain how we’ll work together, what we expect and what you can expect of us.
1) Our contract
When you contract with Alex Genn Copywriting (the trading name for Genn-Wyatt Ltd, hereafter referred to as ‘us’ or ‘Alex Genn Copywriting’) to work for you, you acknowledge that as the basis for 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 general practice to conduct similar engagements under your own Terms and Conditions.
2) Confirming our contract and starting the job
A job is confirmed when we receive an e-mail from you telling us clearly that you are commissioning the work or approve a quote. If you are contracting with Alex Genn Copywriting 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 use or are contracting on behalf of a company that uses a Purchase Order system, the job will be deemed to start on receipt by email of a PO number.
3) Contracting with Alex Genn Copywriting if you work for a marketing services or web development agency
If you contract with Alex Genn Copywriting 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 Alex Genn Copywriting and the marketing services agency, and not between Alex Genn Copywriting and any client of the marketing services agency.
You agree to indemnify Alex Genn Copywriting 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 Alex Genn Copywriting 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) Alex Genn Copywriting contracting directly with one of your clients
If you represent a marketing services or web development agency of any kind, and wish Alex Genn Copywriting to work on a project for one of your clients, but wish Alex Genn Copywriting to contract directly with that client, then a contract, subject to agreement, will exist between your client company and me, and you acknowledge that we are 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, we affirm that we will not seek to sell to your client services, other than copywriting, which they have at any time previously purchased from you.
6) Our Guarantee
Our 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. In any creative process, however, there can be misunderstandings. If, when you see a draft, you are dissatisfied with the work that we have written for you, please discuss it with us and we will do everything that we can to resolve your concerns.
7) Payment terms
Our terms are as agreed in the proposal we send, and/or official quote following that. We will invoice on or after the date on which we actually commence work on the project, and payment will fall due at 30 days unless we have expressly agreed otherwise in writing.
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.
You may make payment electronic funds payment directly into our account.
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 started, 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 we write for you, and you acknowledge our right to pursue payment in full should you elect for any reason to do this.
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 we have delivered is not suitable for your purpose.
8) Late Payment
We are a signatory to the UK Government’s Better Payment Practice Code. Where payment is not received within 60 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 Jan 2010 until 30 June 2010 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.
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
We try hard to ensure that deadlines and milestones are met punctually, and almost always manage this. From time to time, however, our workload may causes us to need to put back delivery dates a little. Where this is necessary, we will always seek to agree it with you first. We reserve the right, however, to put back any milestone or delivery date by up to 48 hours, providing that we have given you notice of this at least 24 hours before the date originally agreed.
11) Security / NDAs
If you pass data, information or materials of any kind to Alex Genn Copywriting as part of a project which you wish Alex Genn Copywriting to undertake for you, or for a company who are your client, we’ll be happy to sign any NDA you wish to present in good faith, but you indemnify Alex Genn Copywriting against any action whatsoever by you or your client, associated with the accidental disclosure or loss of this information.
12) Passing over of your own copy draft
As part of the brief for your project, your may ask Alex Genn Copywriting to view a copy draft which you have written yourself, or which has been written for you by somebody else. If you send us 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 we will create for you. In such a case you indemnify Alex Genn Copywriting 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 us to view an existing copy draft as part of the briefing, you acknowledge that the draft which we will write for you may bear similarities in all or part to this draft, but that in such a case the draft we 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.
13) Referencing other people’s content
If you send Alex Genn Copywriting research or sample copy taken from someone else’s printed collateral or site as an indication of what you want, we will make every effort to ensure that the draft that we prepare for you in no way breaches the copyright of the content owner. However, you indemnify Alex Genn Copywriting against any action arising, directly or indirectly, as a result of use of this content as reference material.
14) Your right to use the copy we write for you
When you commission us to write copy for you, you are purchasing the copyright in the work we write for you, and this is assigned to you on receipt by us of full and final payment of all fees due.
We reserve the right to use extracts of the copy in the promotion of Alex Genn through affiliated web sites (such as alexgenncopywriting.co.uk and via social media)
15) Errors and literals
We make every effort to ensure that copy is free of spelling mistakes and other literals. Early drafts may sometimes contain such errors, and our 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 Alex Genn Copywriting 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) Our collaboration with other copywriters
When you contract with us to write copy for you, you acknowledge that we engage the services of other competent professional copywriters to deliver all or part of the work which you require.
17) Termination of contract
Either the client or Alex Genn Copywriting may terminate the contract with one week’s notice. The client will be invoiced up to the last day the writer has worked.