Terms
1 About these Terms and Conditions
By contracting with me to write for you, you acknowledge that you have been offered the opportunity to read these Terms and Conditions and agree to be bound by the version of these Terms and Conditions as displayed on http://www.flythekite.co.uk at the time of contracting. When you contract with me to write for you, you acknowledge that, as the basis for the contract between us, these Terms and Conditions take precedent 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.
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.
We reserve the right to make alternation and amendments to the Website, policies and these terms at any time. If any part of these terms is found to be void or unenforceable, it will be severed from the rest to the extent that it does not affect the validity of the remainder.
We will not be liable or deemed to be in breach of these Terms and Conditions if any delay or failure was due to any cause beyond our reasonable control.
If we fail to exercise at any term of or right arising pursuant to these Terms and Conditions this shall not be construed as a waiver of such term or right and shall not affect our right later to enforce or exercise it. Any express waiver of breach of these Terms and Conditions shall not be deemed to be a waiver of any subsequent breach.
A person who is not party to these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms and Conditions, but this does not affect any right or remedy of any person that exists or is available otherwise than pursuant to that Act.
These Terms and Conditions, together with the documents incorporated by reference, constitute the entire agreement and understanding between you and us in respect of the matters dealt within them and supersedes, cancels and nullifies any previous agreement relating to such matters between you and us.
You consent, for contractual purposes, to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights. With the exception of termination notices pursuant to clause 8.7 above, and unless otherwise explicitly stated, notices to us must be sent by registered post to Fly the Kite Communications, 2 Conygree Cottages, Aldsworth, Glos GL54 3PW.
2 Confirmation of the contract
A job is confirmed when I receive an e-mail from you telling me clearly that you are commissioning the work, and/or supplying a purchase order number. If you are acting on behalf of any group of individuals other than yourself alone, or on behalf of a company/organisation, you warrant that you are authorised to enter into a contract on behalf of that group of individuals or company/organisation.
3 Agency work
If you contract with me on behalf of an agency of any kind, to work on a project for one of your clients, a contract will exist only between me and the agency, and not between me and any client of the agency.
If you contract with me on behalf of an agency of any kind, you attest that you are authorised to enter into a contract on behalf of that agency.
You agree to indemnify me against any claim by any client of the agency for compensation or damages brought about as a direct or indirect consequence of the use, or inability or unwillingness to use, the material that I write for you.
If you represent an 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 me, 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 affirm that I will not seek to sell to your client services, other than copywriting, that they have at any time previously purchased from you.
4 Collaboration
When you contract with me to write copy for you, you acknowledge that I may, from time to time, engage the services of other competent copywriters or other professionals to help me deliver all or part of the work you require. In such a case, I undertake to review and amend the work before it is presented to you, and to ensure that the work is of the quality and professionalism you would expect had I written it in its entirety myself.
5 Pricing
After an initial discussion I will provide a quotation based on the approximate hours I feel the commission will take. If your original requirements change, I reserve the right, after suitable consultation, to amend the original quotation.
The service 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 Payment terms
Our standard trading terms are that we will invoice on or after the date on which the project is completed. Payment will fall due at 14 days unless we have expressly agreed otherwise in writing.
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 completion and fall due at 14 days.
You will make payment by cheque to the payee and address shown on the invoice, unless we have agreed that you will make an electronic funds payment directly into our account, and you or your accounts department have taken any steps necessary to obtain from us the details required to facilitate this, or we have agreed that you will make an online payment and this has been successfully received.
The existence of any 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 jointly agreed payment milestones in advance. 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, 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 suitable for your purpose.
7 Late payment
We are a signatory to the UK Government’s Better Payment Practice Code. The relevant date for the purpose of the Late Payment of Commercial Debts (Interest) Act is 14 days from the date of the invoice. Where payment is not received by this date, we reserve the right to charge interest at a rate of 8% plus the prevailing Bank of England reference rate, in addition to any administration costs incurred. Under the Terms of the guidelines and associated legislation, a compensation payment may also be due. Go to http://www.payontime.co.uk/legislation/legislation_main.html to verify the DTi ‘Better Payment Practice’ guidelines and rates.
8 Delivery dates
I try hard to ensure that deadlines and milestones are met punctually. From time to time, however, workload may cause me to need to put back delivery dates a little. Where this is necessary, I will always seek to agree it with you first. I reserve the right, however, to put back any milestone or delivery date by up to 48 hours, providing that I have given you notice of this at least 24 hours before the date originally agreed.
9 Force majeure
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, it shall notify the other; the first party’s obligations under these Terms and Conditions shall be suspended until it notifies the other party of the end of such circumstances.
10 Errors and omissions
I take the utmost care with every assignment accepted. It is conceivable that on occasion errors will be missed even though a high level of proficiency has been applied. Final responsibility for proofreading errors in completed work rests with the client. I cannot accept responsibility for errors found after submission but will gladly correct any found within a reasonable time scale. 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.
11 Privacy and security
If you pass data, information or materials of any kind to me as part of a project you wish me to undertake for you, or for a company who are your client, we shall ensure its security, but you indemnify me against any action whatsoever by you or your client, associated with the accidental disclosure or loss of this information.
We will not pass information about our customers to third parties, except where it is a necessary part of providing a service to you, without prior agreement. If you have purchased from us, or have provided us with your contact details, we may occasionally update you on news and special offers.
All incoming emails, files or disks will be scanned for viruses.
Back-up copies of client files are kept for a period of at least one year. After that time, they will be destroyed safely. Original documents should be sent via a traceable method of delivery, either by post office. All records are held confidentially and in line with the Data Protection Act 1998.
12 Copyright
As part of the brief for your project, your may ask me to view a copy draft that you have written yourself, or that 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 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 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.
I retain the right to reject work that involves material I find to be illegal, immoral or objectionable.
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.
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 us of full and final payment of all fees due. I reserve the right to use extracts of the copy in the promotion of Fly the Kite Communications.
You acknowledge that all sample copy displayed on this site is copyright of the commissioning company or Fly the Kite Communications, and is displayed for your information only. You may not copy or adapt any item, in whole or part, for any use whatsoever, save in a presentation whose purpose is to demonstrate to a client or colleague the nature of our work, with a view to gaining approval to commission us.
13 My guarantee
My aim is to do a great job, for the fee that we agree, and to send you away so happy that you come back again. 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.
If you have given me proper opportunity to address your concerns (defined as working in genuine collaboration with me 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 that 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 that I 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 that has been caused to your business or to the business of any third party.