Terms and Conditions
Terms and Conditions of commissioning James Wills (JW Copywriting Services)
The following Terms and Conditions are provided so that both James Wills (JW Copywriting Services) and you (the Client) have an upfront and honest understanding of what is involved in the process of working together.
1. General Overview
a. These Terms and Conditions apply to any work done on behalf of you (the Client) by James Wills (JW Copywriting Services).
b. James Wills (JW Copywriting Services) will provide copywriting services agreed upon by himself and you (the Client).
c. You (the Client) are under no obligation to offer James Wills (JW Copywriting Services) work; neither is James Wills (JW Copywriting Services) under any obligation to accept work offered by you (the Client).
d. Any commissioned work will be carried out unsupervised at such times and places as determined by James Wills (JW Copywriting Services), using his own equipment.
e. The work will be carried out solely by James Wills (JW Copywriting Services). He will not subcontract any projects, or parts of projects, to third parties.
f. James Wills (JW Copywriting Services) confirms that any commissions secured through this website (jwcopywritingservices.com) are liable to income tax and National Insurance contribution in accordance with UK law.
g. The Contract of Service requires that you (the Client) have read, understood and agreed to these Terms and Conditions.
2. Copyright and Use
a. James Wills (JW Copywriting Services) retains the right to all copy produced until final and full payment is made by you (the Client). See the UK Government’s Intellectual Property Overview for more information.
b. Upon receipt of final and full payment, you (the Client) own all rights to the copy produced by James Wills (JW Copywriting Services) in the form for which it was originally intended.
c. If you (the Client) wish to use the copy produced by James Wills (JW Copywriting Services) in a different form to that which was originally intended, then you (the Client) must inform James Wills (JW Copywriting Services). James Wills (JW Copywriting Services) may not charge you (the Client) to reproduce the copy in a different form to that which was originally intended but reserves his right to do so.
3. Client Confidentiality and Certification Documentation
a. James Wills (JW Copywriting Services) will keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the commission, save as may be reasonably necessary to enable him to carry out his obligations in relation to the commission.
b. James Wills (JW Copywriting Services) will provide documentation of his certified status to you (the Client), if required.
4. Errors and Indemnity
a. James Wills (JW Copywriting Services) agrees to make every effort to ensure that any copy provided shall be error-free. However, he stipulates that you (the Client) reviews any copy before putting it into production and takes ultimate accountability for its content.
b. It is your (the Client’s) responsibility to fact-check any copy, ensuring that guarantees, claims, statements or general information about any products or services are upheld in accordance with the law. No claim for compensation due to any negative effect on you (the Client) or your organisation can be made against James Wills (JW Copywriting Services).
c. While James Wills (JW Copywriting Services) takes all reasonable care in the performance of this agreement generally, he shall not be liable for any loss or damage suffered by you (the Client) or by any third party arising from use or reproduction of any words or phrases created.
d. You (the Client) agree to indemnify James Wills (JW Copywriting Services) in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any words and/or phrases supplied to you (the Client) by James Wills (JW Copywriting Services).
e. It is you (the Client) who must satisfy themselves that all necessary rights and / or consents which may be required for reproduction are obtained and it is acknowledged that James Wills (JW Copywriting Services) gives no warranty or undertaking that any such rights and / or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright words and/or phrases. In the event that the words and / or phrases issued or reproduced by or with the authority of you (the Client) then you (the Client) shall indemnify James Wills (JW Copywriting Services) against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
5. Process and Timescale
a. James Wills (JW Copywriting Services) will produce an estimate of charges (quote) to deliver copy to your (the Client’s) requirements based on the information supplied. James Wills (JW Copywriting Services) reserves the right to amend this fee if the job takes longer than anticipated, or if your (the Client’s) requirements change.
b. James Wills (JW Copywriting Services) will produce a first draft within the timescale agreed. He should receive any amendments / revisions on a first draft within seven (7) days of sending said draft to you (the Client).
c. James Wills (JW Copywriting Services) will write up to two (2) more drafts in total, as required, within the initial estimate of charges (quote).
d. Subsequent amendments required after the final pre-agreed draft is delivered will be charged at £30 per hour.
6. Payment
a. Payments to James Wills (JW Copywriting Services) are by automated credit transfer (BACS). If this payment method causes you (the Client) a problem, you must inform James Wills (JW Copywriting Services) immediately. BACS details will be stated on both your (the Client’s) estimate (quote) and your invoice.
b. James Wills’s (JW Copywriting Services’s) payment terms are as follows:
- For first-time Clients, 40% of the estimate (quote) total is required before work commences, with the remaining monies invoiced seven (7) days after you (the Client) receive the first draft, or seven (7) days after a subsequent re-draft, if required.
- For second-time (and beyond) Clients, 25% of the estimate (quote) total is required before work commences, with the remaining monies invoiced seven (7) days after you (the Client) receive the first draft, or seven (7) days after a subsequent re-draft, if required.
- For monthly subscriptions or retainers, a direct debit should be set up to pay James Wills (JW Copywriting Services) on the same day of each month, and always before the 28th of each month.
c. All payments to James Wills (JW Copywriting Services) are to be made within fourteen (14) days of any invoice.
d. James Wills (JW Copywriting Services) understands and may exercise his statutory right to claim interest and compensation for debt recovery costs under Late Payment Of Commercial Debts (Interest) Act 1998 if he is not paid in accordance with the agreed credit terms.
e. If payment is not made in accordance with the Terms and Conditions above then James Wills (JW Copywriting Services) may rescind this Agreement and recover damages, or, at his option, may exercise his statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.
f. If any invoice issued to you (the Client) is not paid by the Due Date, then all unpaid invoices issued to you (the Client) become due of immediate effect. James Wills (JW Copywriting Services) may also consider these invoices as overdue when pursuing legal action for the recovery of said debts.
g. If payments are not received by the agreed Due Date, then James Wills (JW Copywriting Services) reserves the right to suspend ongoing services and also reserves the right to inform the reason of this to any third parties to whom this suspension of service affects, i.e. designers, PR agencies, marketing companies, partners, stakeholders etc.
7. Rejection
a. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition, editing or James Wills’s (JW Copywriting Services’s) interpretation of your (the Client’s) needs, amendments, or circumstances. You (the Client) are commissioning James Wills (JW Copywriting Services) based on his style and examples shown on his website (jwcopywritingservices.com) or in previous work. Copywriting is a joint effort between you (the Client) and the copywriter (James Wills (JW Copywriting Services)). If you (the Client) therefore ask for a first draft and then decide not to use James Wills (JW Copywriting Services) without continuing to further draft stages, or decide at any stage to finish the work yourself or use another agency, James Wills (JW Copywriting Services) will charge you (the Client) the full cost (100%) of the original estimate (quote) according to the payment terms noted in paragraph 6(b).
8. Testimonials and Examples of Work
a. James Wills (JW Copywriting Services) may ask for a testimonial from you (the Client) when any work has been completed. This testimonial could be included in his portfolio, marketing information, or used on his website and respective social media channels. James Wills (JW Copywriting Services) reserves the right to use sections of his work for self-promotion or advertising purposes unless this is specifically forbidden by a confidentiality or non-disclosure agreement. For any physical materials, James Wills (JW Copywriting Services) can request a copy of the finished work.
9. Applicable Law
a. This Agreement shall be governed by the laws of England.
10. Variation
a. These Terms and Conditions shall not be varied except by agreement in writing.