These terms and conditions set out the general terms under which we undertake our business. The specific conditions relating to particular assignments will be covered in our service quotation.
This engagement, the schedule of services and our standard terms and conditions of business are governed by, and should be construed in accordance with, the law and practice of English and Wales. Each party agrees that the Courts of English and Wales will have exclusive jurisdiction in relation to any claim, dispute or difference concerning this engagement and any matter arising from it. Each party irrevocably waives any right to object to any action being brought in those Courts, to claim that the action has been brought in an inappropriate forum, or to claim that those courts do not have jurisdiction.
Communication between us is confidential. We shall take all reasonable steps not to disclose your information except where we are required to and as set out in our privacy notice. Unless we are authorised by you to disclose information on your behalf this undertaking will apply during and after this engagement.
As a content copywriting agency we often work alongside other copywriters on a subcontract basis. The subcontractors will be bound by our client confidentiality and security terms.
Conflicts of interest
If there is a conflict of interest in our relationship with you or in our relationship with you and another client that is capable of being addressed successfully by the adoption of suitable safeguards to protect your interests, then we will adopt those safeguards.
Where conflicts are identified that cannot be managed in a way that protects your interests then we regret that we will be unable to provide further services. If this arises, we will inform you promptly. We reserve the right to act for other clients whose interests are not the same as or are adverse to yours, subject, of course, to the obligations of confidentiality referred to above.
We confirm that we will comply with the provisions of the General Data Protection Regulation (GDPR) when processing personal data.
- obtaining, recording or holding personal data; or
- carrying out any operation or set of operations on personal data, including collecting and storage, organising, adapting, altering, using, disclosure (by any means) or removing (by any means) from the records manual and digital.
The information we obtain, process, use and disclose will be necessary for:
- the performance of the contract
- to comply with our legal and regulatory compliance and crime prevention
- contacting you with details of other services where you have consented to us doing so
- other legitimate interests relating to protection against potential claims and disciplinary action against us.
This includes, but is not limited to, purposes such as updating and enhancing our client records and analysis for management purposes.
Further details on the processing of data are contained in our privacy notice, which should be read alongside these terms and conditions.
Electronic and other communication
We will communicate with you via email as set out in our privacy notice or by other electronic means. The recipient is responsible for virus-checking emails and any attachments.
With electronic communication there is a risk of non-receipt, delayed receipt, inadvertent misdirection or interception by third parties. We use virus-scanning software to reduce the risk of viruses and similar damaging items being transmitted through emails or electronic storage devices. However, electronic communication is not totally secure and we cannot be held responsible for damage or loss caused by viruses, nor for communications that are corrupted or altered after despatch. Nor can we accept any liability for problems or accidental errors relating to this means of communication, especially in relation to commercially sensitive material. These are risks you must accept in return for greater efficiency and lower costs. If you do not wish to accept these risks, please let us know and we will communicate by hard copy, other than where electronic submission is mandatory.
You are required to keep us up to date with accurate contact details at all times. This is important to ensure that communications and papers are not sent to the incorrect address.
Fees and payment terms
Our fees may depend not only upon the time spent on your affairs but also on the level of skill and responsibility.
If we provide you with an estimate of our fees for any specific work, then the estimate will not be contractually binding unless we explicitly state that that will be the case.
Where requested, we may indicate a fixed fee for the provision of specific services or an indicative range of fees for a particular assignment. It is not our practice to identify fixed fees for more than a year ahead as such fee quotes need to be reviewed in the light of events. If it becomes apparent to us, due to unforeseen circumstances, that a fee quote is inadequate, we reserve the right to notify you of a revised figure or range and to seek your agreement thereto.
We will bill upon completion of the service and our invoices are due for payment within 14 days of issue. Any disbursements we incur on your behalf and expenses incurred in the course of carrying out our work for you will be added to our invoices where appropriate.
If you do not accept that an invoiced fee is fair and reasonable you must notify us within 21 days of receipt, failing which you will be deemed to have accepted that payment is due.
By using our services, you agree to indemnify us against any claim, including that of a third party, for compensation or damages resulting from the use of our written material or from unsought permissions to use my material.
Although every piece of written content we produce is original, the client accepts full responsibility for checking the authenticity of the project, including research materials and citations supplied and indemnify me of any compensation for loss or damages.
We make every effort to ensure that the project is proofread, grammatically accurate and factually referenced where applicable. However, we cannot guarantee that every project is completely free from typographical, grammatical or factual errors.
Intellectual property rights
Upon completion of the engagement and once we have received payment, all copyrights are automatically transferred to the client. We reserve the right to use any extracts of our work for our portfolio. Similarly, if we’ve worked alongside a subcontracted copywriter, they will also have the right to use any extracts of their work on their portfolio and marketing materials unless otherwise agreed beforehand.
Period of engagement and termination
Unless otherwise agreed our work will begin when we receive your implicit or explicit acceptance of the fee proposal.
Each of us may terminate this engagement by giving not less than 21 days’ notice in writing to the other party except where you fail to cooperate with us, in which case we may terminate this agreement immediately. Termination will be without prejudice to any rights that may have accrued to either of us prior to termination.
In the event of termination of this engagement, we will endeavour to agree with you the arrangements for the completion of work in progress at that time, unless we are required for legal or regulatory reasons to cease work immediately. In that event, we shall not be required to carry out further work and shall not be responsible or liable for any consequences arising from termination.
If you engage us for a one-off piece of work the engagement ceases as soon as that work is completed. The date of completion of the work is taken to be the termination date and we owe you no duties and we will not undertake further work beyond that date.
Where recurring work is provided the engagement ceases on the relevant date in relation to the termination as set out above. Unless immediate termination applies, in practice this means that the relevant termination date is:
- 21 days after the date of notice of termination; or
- a later agreed date
We owe you no duties beyond the date of termination and will not undertake any further work.
Quality of service
We aim to provide a high quality of service at all times. If you would like to discuss with us how our service could be improved or if you are dissatisfied with the service that you are receiving please let us know by contacting Joy Lewis.
We undertake to look into any complaint carefully and promptly and to do all we can to explain the position to you
The relationship between Honest Cat Content Services and the client will be that of ‘independent contractor’, which means that we are not the client’s employee, worker, agent or partner, and we will not give the impression that we are. Our time will, therefore, be limited to the project at hand, including any consultation time warranted by the project.
As a copywriting agency, we often work alongside other copywriters. In such cases, all work produced will be under the banner of ‘Honest Cat Content Services’. The agency owner (Joy Lewis) will be the client point of contact and agree the scope of the engagement while acting as editor. All work sent to the client will be approved by the agency owner.
The services we undertake to perform for you will be carried out on a timescale to be determined between us on an ongoing basis.
The timing of our work will, in any event, be dependent on the prompt supply of all information and documentation as and when required by us.