In this Agreement, “the Copywriter” who is a member of Christine Marie Lacayo LLC is referred to as “Christine” and “the Client” or “you” shall be any person, company or entity who enters into a contract with the Copywriter. The Copywriter’s quote and any following contract entered into will be subject exclusively to the Terms and Conditions listed out below.
2. Getting started
By working with Christine, 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.
You acknowledge that as the basis for the contract between you and Christine, these Terms and Conditions take precedence over any other terms and conditions.
A job is confirmed when Christine receives an email from you clearly confirming that you are commissioning the work, together with an official purchase or down payment if applicable. If you are contracting with Christine on behalf of any group of individuals other than yourself alone, or on behalf of a company, you warrant that you are authorized to enter into a contract on behalf of that group of individuals or company.
Projects are usually agreed on a price-per-project or per hour depending on the work commissioned.
Christine will produce an estimate of charges to deliver her work based on the information supplied by you. Christine reserves the right to amend this fee if your requirements change.
Christine will charge for traveling time, travel expenses, and incidental expenses, including third-party goods, where necessary to provide the Services.
Three drafts (the first one and two rounds of editing) are included in the price quoted. Any additional revisions, changes, and extensions to the project are charged at the normal hourly rate, except as specified in paragraph 11.
A signed copy of A Letter of Agreement may be required before work can commence.
Christine reserves the right to collect a 50% deposit on any project undertaken.
Unless otherwise agreed, payment is due on receipt of delivery of the finished copy or project.
For projects lasting several months, Christine may require scheduled payments.
The Copywriter will produce a first draft within the timescale agreed and will expect amendments/revisions on that draft within fourteen days of you receiving that draft. Christine will write up to three drafts within the original estimate (1st draft and 2 rounds of revisions). Any further amendments after the final draft is agreed, will be charged at the normal hourly rate, except as specified in paragraph 11.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of Christine’s style of writing, editing or interpretation of your needs. You commission the Copywriter based on her style and previous work examples. If Christine is commissioned by you to write a first draft and later you decide not to continue working with her, Christine reserves the right to charge you the full cost (100%) of the estimate and payment terms noted in paragraphs 4 and 6.
6. Late payment
Client accounts which are outstanding after 30 days will be put ‘on hold’. No further work will be carried out until full payment is received.
Payments which are outstanding after 30 days will attract an interest surcharge to cover costs of recovery. Christine may use the right to claim interest and compensation for debt recovery costs. This includes the possibility of the Client being referred to a debt collection agency and being subject to a claim being made in the Small Claims Court.
Clients who are consistently late payers will be asked to pay an up-front deposit or full payment in advance before any new project can be started.
7. Ownership & Intellectual Property
Supplying your own copywriting draft. You may ask Christine to use a copy draft that you have written yourself or has been written for you. By doing this, you confirm that you are the owner of this draft or that you are permitted by the copyright holder to use this material to form the work that Christine will create for you.
Referencing other people’s copy. If you supply the Copywriter with research or samples taken from someone else’s printed media or site, you must specify whether you have obtained permission to use this material and you indemnify the Copywriter against any action arising as a result of using this content as reference material.
On completion of the project and after final payment is received, Christine will turn over to the client all rights to the copy in the form for which it was originally intended. (For example: copy required for a web page may need further copyright negotiation if it is later sold as a book). Christine reserves the right to use a sample of the work for promotion as set out in paragraph 10.
Copyright to the copy is owned by Christine until full payment is received.
If the client defaults on payment, any copy written by Christine cannot be used until full payment is made.
Copy samples by Christine. All sample copy displayed on The Copywriter’s websites or any other promotional material are for information only. You may not adapt or copy any item, other than specified or to demonstrate to a client the nature of the Copywriter’s work.
If the project is canceled by the Client for any reason before the copy is delivered, you remain liable for the time expended to date.
Once the final copy is delivered to the Client, you are liable for payment in full.
If Christine is unable to complete the project (through illness, other personal reasons, etc), the Client may purchase any unfinished work from Christine.
Christine will not disclose to any third party, any information obtained throughout the project.
If you supply Christine with information to complete the Services, either for your organization or any third party, you will indemnify Christine against any action resulting from the accidental disclosure of loss of such information. Christine cannot be responsible for any information that is already in the public knowledge, any information that Christine has to disclose by law, or anything that Christine obtains independently.
Christine may approach a client after a project is completed for a testimonial to be included in Christine’s portfolio, marketing information, or on her website.
Christine may use all or part of a completed project in her portfolio, marketing information, or web site unless the client specifically declines.
The Copywriter shall make every effort to make sure the copy is free of spelling and mistakes. Early drafts may contain such errors but the Copywriter shall make every effort to ensure these are removed before the final draft.
Any such errors that are overlooked by The Copywriter at the time of the final submission will be corrected by The Copywriter free of charge without acceptance of liability for any costs you incurred as a result of those errors.
While Christine will take all reasonable steps to perform her obligations under these Terms and Conditions, the Copywriter’s liability to you for breach of these Terms and Conditions is excluded to the fullest extent permitted by law. Nothing in these Terms and Conditions seeks to exclude or limit Christine’s liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation. You will indemnify Christine against any costs, liabilities, damages, expenses or losses incurred as a result of civil claims brought against Christine based on any work prepared for you and approved by you before publication.
Christine is not responsible for any indirect or consequential losses. In the event of any breach by Christine under these terms and conditions, your remedies will be limited to damages, which in any event, shall not exceed the fees and expenses paid by you under the Contract.
This contract is between you and Christine. It cannot be assigned to anyone else.
If either party fails to exercise their rights under this Contract or fails to enforce their rights following a breach of contract by the other party, it is a one-off, not a waiver, and does not mean they waive their right to subsequently do so.
15. Third Party Rights
No part of this Contract is intended to give rights to any third parties.
16. Force Majeure
Neither Party shall be liable for any failure or delay in performing their obligations under the Contract where such failure or delay results from any cause that is beyond the reasonable control of that Party.
These terms and conditions shall not be changed except by mutual consent between the Copywriter and you, in writing.