Terms & Conditions

The important stuff is always in the fine print! Please take a moment to consider these ‘Terms and Conditions’ before engaging The Freelance Pencil.

These conditions have been set out to prevent misunderstandings. In the unlikely event of a dispute between you and The Freelance Pencil, these ‘Terms and Conditions’ will provide clarification as to what we have both agreed to.

Confirmation and commencement of a project

Before starting a project, I require your written confirmation that you are commissioning me to work on a project for you, and of acceptance of the provided quote. It will be assumed that this confirmation also binds you to these ‘Terms and Conditions’.

The contract

If you wish to engage The Freelance Pencil to work for you on behalf of any company, group of individuals or organisation other than yourself or your own company, you confirm that you are authorised to hire The Freelance Pencil on their behalf. If you are a marketing agency engaging The Freelance Pencil for work required for one of your clients, a contract exists only between The Freelance Pencil and the agency, and not between The Freelance Pencil and your agency’s client.

The fee

The Freelance Pencil prefers to charge a fixed fee to cover services from start to finish. Unless otherwise agreed, this fee includes attending your briefing (if deemed necessary), writing and submission of the first draft, discussion, evaluation and integration of up to two sets of revisions, and submission of a final draft. Please note that revisions based on a change in the project made after the first draft is submitted may incur an additional fee. In this event you will be notified in advance.

Rush fees for copywriting

Whilst rushing any job is not ideal, The Freelance Pencil understands that urgent copy may be required. If a project is urgent and requires work outside normal hours – a rush-loading fee of up to 50% may apply. The Freelance Pencil reserves the right to seek upfront payment to secure urgent work requirements.

Ongoing or retainer work

Any regular agreed work schedule (e.g. regular newsletters or blogging) requires monthly payment up front. One month’s notice of intention to cancel such a work arrangement is required.

Your satisfaction

The Freelance Pencil relies on your satisfaction. If you are not happy with any aspect of The Freelance Pencil’s work, please bring this to our attention so that we can resolve your concerns. If after giving adequate opportunity to address the agreed concerns, you feel that the work submitted does not meet your brief, the contract between us will be cancelled, and no payment will be due. 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 circumstances, The Freelance Pencil will retain the copyright for all material written or created for you, and you will undertake to make no use whatsoever of any material in any draft supplied to you. Payment of the original fee becomes payable in full should you subsequently use any supplied material.

Approval

You are asked to nominate one person to be the primary contact with The Freelance Pencil. This primary contact is required to consolidate all client revisions and communications with The Freelance Pencil. If you have not submitted revisions within 10 working days of the first draft being delivered, The Freelance Pencil will assume the work is approved and a final invoice will be sent.

Payment terms

Unless previously agreed otherwise, invoices will be sent electronically, and are payable within 7 days of receipt. For projects over $1000, a non-refundable deposit of 50% of the total amount quoted is required to be paid upfront before work can begin. The final invoice will be issued 10 working days after the first full draft is sent to the client or when final sign off is given (whichever happens first). You are encouraged to contact The Freelance Pencil immediately to discuss payment options should these terms cause any financial difficulty. While regrettable, The Freelance Pencil may exercise the right to recover debt through legal proceedings should the need arise.

Copyright

The Freelance Pencil will assign copyright of all materials written for you following full payment of all fees due. The Freelance Pencil reserves the right to use selected extracts of supplied work for self-promotion or advertising purposes unless specifically forbidden to do so by a confidentiality or non-disclosure agreement.

Indemnity

The Freelance Pencil makes every effort to proofread and fact check any work submitted to you. There are no guarantees however, that all submitted work will be free of any typographical, grammatical or factual errors. It is your responsibility to ensure that all material is factual and correct. You agree to proofread – or engage a proof-reader to read – any material submitted to you and indemnify The Freelance Pencil against any costs that may arise from the appearance of any errors in any printed or published form. While The Freelance Pencil does its best to ensure that work supplied complies with the law, it is your responsibility to submit all copy for legal review as required.