Terms & Conditions
The following Terms and Conditions of Service apply to all words, copy and services provided by Words by Jim.
All work is carried out by Words by Jim on the understanding that the client has agreed to abide by Words by Jim’s terms and conditions.
Copyright of all work is retained by Words by Jim including copy, concepts, ideas, proofs and designs (unless specifically released in writing) until after all invoices have been settled.
If multiple options or concepts for copy are submitted, only one concept or option is deemed to be given by Words by Jim as fulfilling the contract. All other copy or creative ideas remain the property of Words by Jim, unless agreed in writing.
At the time of proposal, Words by Jim will provide the customer with a written estimate or quotation by post or email as requested.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Words by Jim. Alternatively, the client may send an official purchase order in reply to the estimate or quotation, or an email acknowledging acceptance of the quotation, which binds the client to accept Words by Jim's terms and conditions. No work on a project will commence until either document has been received by Words by Jim.
Creative work will begin once the Client has agreed upon costs and given confirmation to proceed.
Fees for copy services to be provided by Words by Jim will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, a non-refundable deposit of 25%-50% of the quoted fee will become immediately due on all projects, unless stated in writing or email by Words by Jim. Work on the project will not commence until Words by Jim has received this amount.
Words by Jim include up to 2 x amendments within the costs, any changes thereafter will be chargeable. Should the Client wish to make significant changes to the original brief, Words by Jim will revise costings and provide an updated quotation.
Charges for Other Services
Charges for any additional services over and above the estimated copy will be made known to the client. They will become fully payable at the time of project acceptance.
The client will be required to provide sign off before being issued with an Invoice prior to publication. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, may incur an extra charge of 8% plus the Bank of England base rate per month of the outstanding amount.
Payments may be made by Bacs or previously agreed on electronic funds transfer.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Words by Jim shall be considered entitled to remove Words by Jim's and/or the customer’s material from any and all computer systems until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, copywriting, consultancy, workshops and all creative input by Words by Jim.
Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Words by Jim reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text and other data to Words by Jim for inclusion in the customer’s brochure, website or any other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any written content, text, artwork, images, or text supplied and/or designed by Words by Jim on behalf of the customer, will remain the property of Words by Jim and/or it’s suppliers, in which full copyright will be passed to the client upon receipt of full payment.
By supplying images, text, or any other data to Words by Jim, the customer grants Words by Jim permission to use this material freely in the pursuit of the design or content creation and to utilise the words or designs in Words by Jim's portfolio unless agreed otherwise.
Should Words by Jim, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Words by Jim to remove and/or replace the file.
The customer agrees to fully indemnify and hold Words by Jim free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that Words by Jim holds no responsibility for any amendments made by any third party, before or after content is published.
Any copywriting, design, concept or idea created for the customer by Words by Jim, or any of its contractors, is licensed for use by the client on a one-time-only basis and may not be modified, re- used, or re-distributed in any way or form without the express written consent of Words by Jim and any of its relevant sub-contractors.
All work where there is a risk that another party may make a claim should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Words by Jim will not be held responsible for any and all damages resulting from such claims. Words by Jim is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Words by Jim
responsible for any such loss or damage. Any claim against Words by Jim shall be limited to the relevant fee(s) paid by the customer.
All the Client work and Agency material will be treated in confidence by Words by Jim during the project.
The content and concept of any scheme, design, plan, prototype, or any other material or service without limitation supplied by Words by Jim or revealed to the Client by Words by Jim shall be treated as having been disclosed to it in confidence.
Where Words by Jim has sub-contracted any part of its rights and obligations under the Contract, any such sub-contractor (subject to approval by the Client) may be passed such confidential information as may be necessary for such purpose.
Words by Jim will not at any time or in any manner, either directly or indirectly, use for our personal benefit or divulge, disclose or communicate in any manner any information that is proprietary to the Client. We will act reasonably to protect such information and treat it as strictly confidential.
Words by Jim reserves the right to work on behalf of competing companies, subject to confidentiality agreements being maintained.
The client agrees to Words by Jim’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Words by Jim in electronic format as standard text (.txt), MS Word (.doc) on CD, USB data stick, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Words by Jim via USB or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Words by Jim will not be held responsible for any image quality which the client later deems to be unacceptable. Words by Jim cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Any indication given by Words by Jim of a project’s duration is to be considered by the customer to be an estimation. Words by Jim cannot be held responsible for any project over-runs, whatever the cause.
Design Project Completion
Words by Jim considers the project complete upon receipt of the customer’s sign off. Any other services such as consultancy, workshops, printing, display panel production, film work, website uploading, publishing etc either contracted on the client's behalf constitute a separate project and can be treated as a separate charge.
Once the written copy is complete, Words by Jim will provide the customer with the opportunity to review the resulting work. Words by Jim will make two sets of changes at no extra cost within 14
days of the start of the review period. Changes include revised versions of each paragraph, small additions to the copy - up to 200 additional words - and changes and small adjustments to placement of items on the page. Any changes can be notified to Words by Jim by email or phone. Words by Jim reserves the right to request additional fees for any additional copy that exceeds 200 words.
Words by Jim will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
Words by Jim will take all reasonable steps to ensure that the project brief quoted for the Client functions as intended. Should the Client report that any part of the project is not functioning as per the brief, Words by Jim will investigate and take corrective action. Any reports of any part of the project not functioning that fall outside of the original project brief, Words by Jim will investigate and provide an estimate to carry out the additional work. Should the Client make their own edits or amendments to completed works, Words by Jim will charge for making subsequent corrections to rectify any issues caused.
The customer agrees to allow Words by Jim to place a small credit on our website, printed material, exhibition displays, advertisements and/or a link to Words by Jim’s own website or the customer’s website.
The customer also agrees to allow Words by Jim to place all designs on Words by Jim own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
Words by Jim will not include in its copy, ideas or designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Words by Jim also reserves the right to refuse to include submitted material without giving a reason. Any text, images and/or data that Words by Jim does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Words by Jim to remove the contravention without hindrance, or penalty. Words by Jim is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or email, however, following this, Words by Jim will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Words by Jim within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Words by Jim makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Words by Jim will not be held responsible for any and all damages resulting from products and/or services it supplies. Words by Jim is not responsible for any loss, or
consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Words by Jim responsible for any such loss or damage. Any claim against Words by Jim shall be limited to the relevant fee(s) paid by the customer.
Words by Jim reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Words by Jim will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Words by Jim and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Words by Jim recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Words by Jim reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation and Terms and Conditions
The placement of an order for copywriting, workshops and/or any other services offered by Words by Jim and validated by the customer’s signature on the estimate or quotation, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Words by Jim.
In the event that you do not make use of any work that I produce for you in accordance with the proposal/estimate, 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 which has been caused to your business or to the business of any third party.
If you have appointed me to write your website and decide not to make final copy revisions until you can see how the copy looks online once uploaded by your web designer, I reserve the right to charge for the project in full – less 10% of final payment – as soon as I have submitted the latest draft.
Should you for any reason fail to maintain communication with me with regard to a freelance copywriting project which you have contracted, I will issue an invoice for payment as per our agreed and signed terms. I will consider failure to maintain communication as a period of 21 days in which I do not hear from you, despite sending you at least one email to an address via which we have previously communicated successfully and from which the email does not bounce. 3 days will be allowed for the last email to be responded to. It is your obligation to ensure you maintain communication through the project duration.
Should any project remain unfinished after 30 days, I reserve the right to invoice for all work to date at that point – even if the project then continues after that time and to its agreed scope as per my proposal.
SUPPLIER’S OBLIGATIONS AS YOUR FREELANCE COPYWRITER
1. I shall provide the services in accordance with the provisions of the proposal/
estimate. If, when you see a draft, you are dissatisfied with any work I have produced for you, I will do my best to resolve your concerns. You agree to discuss it with me
at your earliest opportunity and confirm the reasons for your dissatisfaction in
writing within 14 days of receipt of the draft or before a material deadline if earlier.
In the event that you or any third party, not being a sub-contractor of mine, shall omit or
commit anything which prevents or delays me from undertaking or complying with any of its obligations under this Agreement, then I shall notify you as soon as possible and:
I shall have no liability in respect of any delay to the completion of any project;
if applicable, the timetable for the project will be modified accordingly;
I shall notify you at the same time if I intend to make any claim for additional
Every effort will be made to ensure that copy is free of spelling mistakes and
other literals. However, the responsibility for checking for spelling mistakes and literals is yours, and 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.
ALTERATIONS TO THE COPYWRITING PROPOSAL/COPYWRITING ESTIMATE
The parties may at any time mutually agree upon and execute a new copywriting proposal. Any alterations in the scope of services to be provided under this Agreement shall be set out which shall reflect the changed services and fees and any other terms agreed between the parties.
You may at any time request alterations to the copywriting proposal by notice in writing to me. On receipt of the request for alterations, I shall, within five working days or such other period as may be agreed between the parties, advise you by notice in writing of the effect of such alterations, if any, on the fees and any other terms already agreed between the parties.
Where I give written notice to you agreeing to perform any alterations on terms different to those already agreed between the parties, you shall, within five working days of receipt of such notice or such other period as may be agreed between the parties, advise me by notice in writing whether or not you wish the alterations to proceed.
If the alterations are agreed, the copywriting estimate will be amended accordingly. if you do not wish to proceed, this agreement will then terminate and I will submit a final invoice for all work carried out by me to that point
I warrant that the freelance copywriter services performed under this Agreement
shall be performed using reasonable skill and care, and of a quality conforming to
generally accepted industry standards and practices.
Without prejudice to Clause 7.1, and except as expressly stated in this Agreement, all
warranties whether express or implied, by operation of law or otherwise, are hereby
excluded in relation to the services to be provided by me.
You shall indemnify me against all claims, costs and expenses which I may incur and which arise, directly or indirectly, from your breach of any of your obligations under this Agreement, including any claims brought against me alleging that any services provided by me in accordance with the proposal infringes a patent, copyright or trade secret or other similar right of a third party.
LIMITATION OF LIABILITY
1. Except in respect of death or personal injury due to negligence for which no limit
applies, my entire liability to you in respect of any claim whatsoever or breach of
this Agreement, whether or not arising out of negligence, shall be limited to the fees
paid by you to which the claim relates.
In no event shall I be liable to you for any loss of business, loss of opportunity or
loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or I had been made aware of the possibility of you incurring such a loss.
Nothing in these Terms and Conditions shall exclude or limit my liability for death or personal injury resulting from my negligence or that of its employees, agents or sub-contractors.
TERMINATION OF COPYWRITING SERVICES
Either party may terminate this Agreement forthwith by notice in writing to the other if:
the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within 14 calendar days of being given written notice from the other party to do so;
the other party commits a material breach of this Agreement which cannot be remedied under any circumstances;
the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;
the other party ceases to carry on its business or substantially the whole of its business; or
the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
Without prejudice to any other rights to which I may be entitled, in the event that you unlawfully terminate or cancel the freelance copywriter services agreed to in the proposal/estimate, you shall be required to pay to me as agreed damages and not as a penalty the full amount of any third party costs to which I have committed and, in respect of cancellations on less than five working days’ written notice, the full amount of the fee set out in the proposal/estimate, and you agree this is a genuine pre-estimate of my losses in such a case. For the avoidance of doubt, your failure to comply with any obligations under Clause 4.1 shall be deemed to be a cancellation of the services and subject to the payment of the damages set out in this Clause.
INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the
performance of this Agreement shall, so far as not already vested, become my absolute property, and you shall do all that is reasonably necessary to ensure that such rights vest in me by the execution of appropriate instruments or the making of agreements with third parties.
When you commission me to write copy for you, as a freelance copywriter, you are purchasing the copyright in the work I write for you, and this is assigned to you on receipt by me of full and final payment of all fees due. I retain the copyright until I have received the agreed payment. If I am not paid, I reserve the right to refuse the use of text I have written for any purposes.
I reserve the right to use extracts of any work produced for you in the promotion of Words by Jim.
Any copywriting created for the customer by Words by Jim, or any of its contractors, is licensed for use by the client on a one-time-only basis and may not be modified,
re-used, or re-distributed in any way or form without the express written consent of Words by Jim and any of its relevant sub-contractors.
The term ‘Words by Jim’ or ‘me' or ‘us’ or ‘our’ or ‘we’ or 'I' refers to Words by Jim, the owner of the website, whose registered office is 12 Summerfield, Oakham, Rutland, LE15 6PZ. The term ‘you’ or ‘your’ refers to the website user.
YOUR USE OF THIS WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1. The content of this website is for your general information and use only. It is subject to change without prior notice.
3. Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, designs, layout, appearance, look and graphics of the website. Any reproduction of the website’s material, including the logo designs presented, is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
6. Any sales made directly through or indirectly facilitated by this Site are subject to our Terms & Conditions. Please ensure you have requested and viewed a copy of our Terms & Conditions before agreeing to a purchase or collaboration.
7. All materials reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
8. Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
9. This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You
acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites. 10. Your use of this website and any dispute arising out of your use of it is subject to the laws of the United Kingdom of Great Britain.
11. You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
12. These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
14. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
15. In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
16. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
17. By using our site you may acquire certain confidential information. You agree to keep this information confidential and to not disclose it to any third party other than representatives, lawyers and advisors with a bona fide need to know, who shall also agree to keep such information confidential.