Terms and Conditions


Terms and conditions – working with BJP Copywriting

By commissioning my services, you are agreeing to the following terms and conditions, unless expressly agreed in writing beforehand.

Copyright & Use

(1) The copyright of the written content created for you is retained by Barnaby Patchett at all times and throughout the world. Please see http://www.ipo.gov.uk/c-ownership-faq-who.htm for further information on this.

(2) Barnaby Patchett provides written content and sells the right to use this in the context agreed with the client. Whilst the client has the right to reproduce this content in the context agreed, no property or copyright is either granted or implied.

(3) The client has permission to use written content produced by Barnaby Patchett after they have paid him. This permission only extends to the agreed context (i.e. only in the publications/websites/marketing materials for which the content was commissioned.) Barnaby Patchett reserves the rights to charge the client an additional fee for using written content in publications, adverts, websites and marketing materials outside the initially agreed context. The client has a duty to inform Barnaby Patchett if they want to use the written content created for one project for another use. In cases where the client wants to use the content in other sources, Barnaby Patchett reserves the right to charge up to 100% of the initial project fee, at his discretion.

(4) Barnaby Patchett grants the reproduction rights outlined in articles 2 and 3 to the client, and the client alone. These cannot be transferred, reassigned, loaned or sold to third parties unless agreed in writing beforehand.

 

Process

(1) Before a project commences, Barnaby Patchett will produce an estimate of costs to deliver written content to the client based on the client’s requirements and information supplied. Barnaby Patchett reserves the right to amend the fee if the work takes longer than anticipated, or if the project requirements change in any way.

(2) Barnaby Patchett will complete a first draft of any work within the timescale agreed at the start of a project. The client is expected to send back amendments, additions or revisions within one week of receiving any draft, unless agreed otherwise.

(3) Barnaby will complete up to 3 (three) drafts of any written content produced as part of the initially agreed project cost.

(4) If after 30 (thirty) days following delivery of any draft, the client has not sent through amends or approved the written content, Barnaby Patchett reserves the right to charge 100% of the total cost of the job, to be paid by the client within 14 days.

(5) Any amendments desired by the client after Barnaby Patchett delivers the third or final draft will incur an additional charge, to be set by Barnaby Patchett.

(6) The client has no rights to reject written content provided by Barnaby Patchett on the grounds of written style, preference, editing by the client, amendments or change of circumstance. If, after receiving any draft – the client chooses to finish any written content themselves, or change copywriting provider, the client will still be liable for 100% of the agreed project cost.

 

Payment

(1) Barnaby Patchett reserves the right to ask for a payment of up to 50% of the total project estimate before starting any work. This will be agreed at the start of the project.

(2) Payment terms are 14 days from the date of invoice. Payment is accepted by personal cheque written out to “Barnaby Patchett”, or by BACS transfer (bank details are enclosed on the invoice).

(3) Barnaby Patchett reserves the right to claim interest on late payments and may and exercise his statutory right to claim compensation for debt recovery costs under the late payment of commercial debts act (http://www.legislation.gov.uk/ukpga/1998/20/part/I).

(4) Whilst invoices remain overdue, Barnaby Patchett reserves the right to suspend any other on-going services or projects provided to the client.

(5) Whilst invoices remain unpaid, Barnaby Patchett reserves the rights to inform any affected third parties about the reasons for the suspension of these services (e.g. partners, stakeholders, designers, marketing companies and other agencies involved in or affected by the project).

 

Indemnity

(1) Barnaby Patchett shall not be liable for any loss or damage suffered by the client or by any third party arising from the use or reproduction of any words or phrases created by him.

(2) The client agrees to indemnify Barnaby Patchett in respect of any claims, damages or costs arising from the reproduction of any written content supplied to the client by Barnaby Patchett.

(3) It is the client who is responsible for ensuring that all necessary rights, permissions or consents required for the reproduction or use of written content produced by Barnaby Patchett, are obtained. It is also agreed that Barnaby Patchett has no responsibility to ensure that these necessary permissions have been obtained by the client in relation to the use of names, people, trade marks, or any other copyrighted materials. When written content is produced or issued by Barnaby Patchett with the authority of the client, that client agrees to indemnify Barnaby Patchett against any loss or damage where rights, releases, consents or permissions have not been granted or obtained.

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