Terms of Service
Agreement means this Services Agreement
Client means the person or company that has formally entered into the agreement. (That’s you; “you”)
Indie Copy refers to the business entity trading as Indie Copy, Indie Copy, LLC. (That’s me; “me”, “I”)
Quotations means a formal proposal document or price estimates provided over the phone or email.
Approved copywriting brief means the materials from which the work is to be based upon, subject to the approval of the Client.
Urgent work means copywriting work needed (finalized) within 7days.
Larger projects mean projects requiring more than 25 hours work.
VIP Intensive Day means a 4-hour block of time for Indie Copy to provide creative services to ‘The Client.’
Terms and Conditions
1.1 Quotations are valid for 15 days from the submission date.
1.2 The copywriting investment will be confirmed on receipt of the approved copywriting brief from Client, when most of the complexities of the project are known. If Client chooses not to proceed, the time spent on the copywriting brief will be billed (only).
1.3 Any project estimates provided before Client approves the copywriting brief are not guarantees of delivery and should not be taken as such.
1.4 This proposal doesn’t include liaising with other agents such as graphic designers or web developers unless specified, or meetings outside of the initial creative brief. Travel time will be itemized on invoices for additional onsite meetings.
1.5 This proposal includes 2 sets of revisions. Additional revisions are charged at time and materials @ $187 per hour.
2.1 Client is asked to nominate one primary contact to centralize all revisions and contact throughout the project.
2.2 A set amount of revision time is included in each quotation. If the project objectives and requirements change requiring the work provided to be significantly altered, Indie Copy reserves the right to charge additional writing on a time and materials basis.
2.3 Approval of the copywriting brief should be via email or will be assumed when Client sends an amended copywriting brief to Indie Copy. Approval of the copywriting itself, is via an online approval form. If this form cannot be completed, approval should be provided in writing by Client via email.
2.4 Proofreading will be completed once approval for the copywriting has been submitted or on version three of the copywriting.
2.5 Revisions should be submitted within 7 days of the second draft being delivered. If revisions are not received, approval of the copywriting will be assumed and the project finalized as per 2.4.
2.6 These terms and conditions are implicitly agreed to on acceptance of the copywriting quote provided and the instruction to proceed.
3.1 As full consideration for services performed by Indie Copy, a non-refundable commencement fee of 50% of the total quoted amount is required on acceptance of the quote by Client. The upfront deposit paid will be deducted from the remainder (50%) due 14 days after the second draft is delivered or 7 days after the final draft is delivered, whichever occurs first. All revisions will be finalized as per our agreement.
3.2 Client has the option of paying 100% upfront, however only 50% will be refunded if the project is cancelled prior to work being completed and in adherence with 3.10.
3.3 For large projects, an installment payment of 30% of the project remainder will be issued with the first version of the copywriting. The remaining payment amount of 20% is required within 14 days of receipt of the final draft by ‘the Client’.
3.4 Should Client retain Indie Copy for a VIP Intensive the full amount of the rate is required upon scheduling. VIP Intensive rate reserves time exclusively dedicated to Client, so no refunds are granted for Intensive days should Client cancel.
3.5 Payment may be made by ACH direct deposit or credit card via the link included on the invoice.
3.6 Unless prior arrangements are made, payments not received within the specified payment terms will attract a late fee charge of $25.
3.7 If payment defaults Indie Copy may list Client with the appropriate debt collection and credit reporting agencies and Client will be responsible for such fees.
3.8 Urgent work will incur a 25% surcharge. Why? Because of the other projects shifted around to accommodate.
3.9 Any costs that are additional to the services ordered (including couriers, other media and travel costs) are in addition to the amount quoted and will be charged to the Client as required. These costs will be itemized separately in the invoice.
3.10 Client may terminate the job at any time. In this instance, Indie Copy will be compensated for work performed through date of termination, regardless of approval status of associated copywriting work, and Client will pay all expenses and fees incurred through and up to the date of termination. Indie Copy will remit an invoice for the time spent and work completed to date, including any associated fees and expenses due.
4. WORK MADE FOR HIRE
4.1 It is agreed that the copyright for any work delivered to Client remains the intellectual property of Indie Copy until all monies due have been paid. Only after full payment is the copywriting considered a Work for Hire as such term is defined by the US Copyright Act.
5. WARRANTIES, LIABILITY, RELEASE AND INDEMNITY
5.1 All materials provided by Client are assumed legal and accurate. Client warrants that it either owns or has permission to use the materials, and the materials do not infringe on the rights of any third-party.
5.2 Indie Copy warrants that services will be provided in a professional and workmanlike manner and in accordance with reasonable professional standards for such services.
5.3 Indie Copy cannot be held responsible for how the material produced is used once Client has approved the final draft. If Client or any third-party modifies or uses the final draft or deliverables outside the scope of this Agreement, then any of Indie Copy’s warranties or representations are void.
5.4 Client agrees to indemnify and to hold Indie Copy, its owner, contractors, employees, assigns and successors, harmless against any and all losses, claims, liabilities, and expenses, including attorney’s fees, arising from this Agreement due to materials included in any work undertaken at the request of Client or advised, created, or produced by Indie Copy during a VIP day. The services and work by Indie Copy are sold “as is.”
5.5 Any claim by Client as to incorrect performance or breach of these terms and conditions must be made to Indie Copy in writing within seven days of delivery.
5.6 With so many factors contributing to the success of a piece of copywriting, Indie Copy cannot make any guarantees as to the performance of the copy created for Client, including anything produced, created, or advised during a VIP day.
5.7 Due to the complex nature of search engine ranking, Indie Copy cannot guarantee any specific ranking as a result of publishing optimized copywriting.
5.8 Indie Copy accepts no responsibility or liability for any actions taken by Client that cause the website of Client to be penalized or banned from any Search Engine.
6. TIMING AND FEEDBACK
6.1 Indie Copy will prioritize performance of services, and will undertake commercially reasonable efforts to perform services, within the time(s) identified in the Quotation. Client agrees that Indie Copy’s ability to deliver services depends on timely communication by Client and Client agrees to provide any materials, approvals or other communications within 5 days of any request. Any delay due to lack of Client communication is not a breach by Indie Copy of this Agreement.
7.1 Indie Copy, LLC is an independent contractor, not an employee. I will provide services under Client’s general direction, but I will determine the manner and means of how the services will be accomplished and delivered.
7.2 Indie Copy reserves the right to assign work to subcontractors to ensure project deliverables are met. All subcontractors adhere to Indie Copy standard and style of copywriting. Client is not to have direct contact with the subcontractor without the authority of Indie Copy.
7.3 Indie Copy retains the right to reproduce, publish and display the final version in our portfolio, and online marketing materials, including social media or other promotion and to be credited with full authorship. If Client would prefer this not to occur, please notify Indie Copy in writing.
7.4 Client and Indie Copy acknowledge that by reason of our relationship, some confidential information may be disclosed. We agree to maintain such confidential information in strict confidence and disclose the confidential information only to those who have a need to know such confidential information to fulfill the terms of this Agreement.
7.5 If any provision of this Agreement is deemed by a court of competent jurisdiction to be unenforceable, an enforceable provision will be substituted, but all of the remaining provisions will remain in full force and effect.
7.6 This Agreement may be modified, terminated, or waived at any time by separate agreement or amendment in writing signed by Indie Copy and Client.
7.7 This Agreement is governed by the laws of the state of Texas and Client agrees to the jurisdiction of the courts of the state of Texas, specifically, Dallas county.
7.8 The rights granted in this Agreement are cumulative, and election of one will not constitute waiver of the right to assert other available remedies.