Please read my terms and conditions carefully because I have written them to provide absolute clarification for all parties in the very unlikely event of a misunderstanding.
All commissions I undertake are on the basis that these terms have been read and agreed to.
When you commission me to work for you you acknowledge that as the basis for the contract between us these terms and conditions take precedence over any other terms and conditions – either expressed or implied.
“I”, “me” and “my” means Rhiannon Davies;
“You” and “your” means the client for whom I will be working: your name will be detailed on your quotation and your invoice.
Before I begin work you agree to send a purchase order or a confirmation email to me. This constitutes our contract.
The contract should contain a summary of the work requested, the agreed cost according to my quotation, and any deadline.
Please provide me with a detailed written brief covering the work I am to undertake at the time of agreeing to my quotation.
If you choose not to provide a detailed written brief and instead opt for a verbal or basic briefing, you accept that this may create ambiguity and you accept responsibility for this fact, and for any additional costs incurred if rewriting/reworking is then required.
If you change a brief after work has begun on it, you must inform me as soon as possible and accept that the final invoiced amount will be adjusted to reflect the increased time spent on your job.
I will provide you with the commissioned work by the deadline agreed.
All quotations include up to a maximum of two revisions, any further revisions will be charged at a minimum of £30 per hour.
4. Typographical errors, misprints and literals:
I make every effort to ensure that copy is free of spelling mistakes and other literals or typos.
My early drafts may sometimes contain errors, however I endeavour to ensure that these are edited out before a final draft is submitted. However, the ultimate responsibility for checking for spelling mistakes and literals is yours, and you indemnify me against any costs incurred as a result of the appearance of such errors in the final published form of the copy concerned, whether or not these errors appeared in any draft of the copy supplied by me.
These will be agreed between us in advance and detailed in my quotation.
You will specifically detail acceptance of my fees in your purchase order or confirmation email.
I can quote you on a daily or hourly basis, or per project – and all other costs incurred should be agreed in advance.
6. Payment terms:
I reserve the right to invoice you for the work completed on or after the date when I commence the work. Payment will be due immediately on receipt of the completed work.
You should make payment by bank transfer directly into my bank account.
7. Cancellation & termination:
Either of us may cancel our contract by giving not less than 7 days’ written notice to the other.
If you terminate our contract then all sums owing to me from you shall become immediately due and payable. You will pay my fee in full without any deductions regardless of whether I have provided the commissioned services to you by the time of contract cancellation or not.
In the event of termination howsoever arising, you shall be solely responsible for any losses, costs or damages suffered by you or any third party as a result of any delay caused to your business or any third party, and you agree to indemnify me accordingly and absolutely.
Furthermore, you will not use any material contained in any drafts that I have written for you for any purpose whatsoever, and I shall retain the copyright of any draft material and have the right to use it.
By providing written instructions to me, you understand that you (and, where appropriate, your agents or employees) have the power and authority to create the contract between us (on your behalf, where appropriate).
In every case my contract is with you and not your individual agents and/or employees.
I own all copyright and intellectual property rights in all copy (meaning all words and/or phrases and/or content) until I have received payment of my fee from you.
You have no rights in any copy produced prior to making full payment.
Once payment has been received in full, I will grant you a perpetual licence to use all copy produced for the purpose it was produced.
For the avoidance of doubt, you do not have the right to use copy for any unauthorised purposes nor to sub-licence the copy to any third party, nor do you have the right to use the copy in any way other than that expressly agreed to in the contract between us. If in doubt you should always revert to me before utilising the copy beyond the expressly stated terms of our contract.
You accept that if you supply me with somebody else’s work as a guide to your requirements I will make all reasonable efforts to ensure that any draft copy I produce does not breach the owner’s copyright.
Notwithstanding this, you shall indemnify me against any action (including all costs, liabilities, damages and expenses) arising directly or indirectly from my use of this copy as my reference material.
Occasionally I employ other competent professionals to help me deliver work.
In such cases I undertake to review and amend the work and to ensure that the quality of the work is consistent with my having written it in its entirety myself.
While I take all reasonable steps to perform and fulfil my obligations under these Terms and Conditions, my liability to you for breach of these Terms and Conditions (whether by me, my agents, employees or any third party) is excluded to the fullest extent permitted by law.
You will indemnify me against any costs, liabilities, damages, expenses or losses incurred as a result of civil claims or proceedings brought against me based on any work prepared for you and/or approved by you.
12. Working with your clients:
If you represent any other organisation or agency and wish me to do work for one of your clients, but wish me to contract directly with that client, then a contract will exist between your client and me governed by these Terms and Conditions.
You acknowledge my right to conduct business with that client without reference to you and that no compensation or commission of any kind will be payable.
13. UK law:
This agreement is subject to the Laws of the UK, and the parties agree to submit to the jurisdiction of the courts in respect of any dispute or difference arising under the agreement.
14. Website disclaimer
The information contained in this website is for general information purposes only.
The information is provided by me and whilst I endeavour to keep the information up-to-date and correct, I make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.
Any reliance you place on such information is therefore strictly at your own risk.
In no event will I be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.