By commissioning Melissa Morris (Write on the Coast) you are agreeing to comply with, and be bound by, the following Terms and Conditions, also referred to as ‘Agreement’.
The terms ‘I’ and ‘me’ refers to Melissa Morris. The term ‘Write on the Coast’ is the online brand name of Melissa Morris, owner of the www.writeoncoast.com website.
The term ‘Website’ refers to the Write on the Coast website at www.writeonthecoast.com, and any sub-domain of the website, also owned by Melissa Morris.
The term ‘you’ refers to anyone commissioning/hiring Melissa Morris to undertake writing, editing, proofreading, design or similar work, on a freelance basis. Where applicable, it also refers to users of the website.
Any dispute arising out of these Terms and Conditions is subject to the governance of Her Majesty’s Courts of Justice of England and Wales.
Write on the Coast website usage and liability
The content of the Write on the Coast website is for your general information and use only. It is subject to change without notice.
I always endeavour to ensure that the Website is accurate, up-to-date, secure, available and operational. You acknowledge that this is not a requirement and that, from time to time, the Website may not be operational, accessible or available, either fully or partially. I retain the right to discontinue the Website entirely, at any time, without prior notice.
I do not provide any warranty or guarantee as to the accuracy, safety, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and I expressly exclude liability for any such inaccuracies or errors.
Your use of any information, advice or materials on the Website is entirely at your own risk, for which I shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Website meets your specific requirements.
The Website contains material which is owned by or licensed to me. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction without written prior consent is prohibited.
Copyright ownership of some of my portfolio samples remains with third parties. Therefore reproduction of such items is strictly prohibited without the consent of the relevant third parties.
Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
From time to time, the Website may include links to other websites. These links are provided for your convenience, to provide further information. They do not signify that I endorse the website(s). I have no responsibility for the content of the linked website(s).
Service provider liability
To the best of my ability, I agree to provide my services in a timely, efficient, courteous and professional manner; taking care not to infringe rights, privacy, confidentiality or copyright laws in the production of copy, which will be, to the best of my knowledge, factually correct and free from plagiarism.
I cannot accept liability, of any kind, for actions you take, or refrain from taking, as a result of acting on my advice.
I always endeavour to thoroughly research and proofread the copy I create, and to ensure that I work within any journalistic and legal guidelines. However, you are ultimately responsible for fact-checking and proofreading the copy I provide, prior to publishing. I cannot accept liability for material published by a third party, such as yourself or your clients. You absolve me of responsibility for any costs incurred as a result of the appearance of errors in the final published form, whether or not these errors appeared in a draft of the copy supplied by me.
I will not be liable to you, or any third party, for damages, including lost profits, complaints, claims, litigation or other incidental, consequential or special damages arising from content I have created or the services I have offered as part of this agreement.
You accept all responsibility for any copyright issues arising from the publication of specific content you have requested be included and/or authorised for inclusion in content I create on your behalf, if such content summarises, quotes, rephrases or otherwise refers to third-party sources.
Personal data, security and privacy
Please review the Privacy Policy document for full details on my acquisition, storage and use of your personal data. The Privacy Policy also contains details on how to unsubscribe and how to request an amendment to, or the removal of, your details. The Privacy Policy relates to all personal data acquired and stored by me, from any source, this includes, but is not limited to email, social media, blog, website forms, post, telephone and fax.
Confidentiality and non-disclosure
I agree to respect the confidentiality of all clients and will not disclose information relating to you or your project without your permission, unless it is aleady in the public realm.
All of the information contained within project briefs and any attached documents is presented to me in confidence. It is agreed that all such information shall be treated as strictly confidential and will not be disclosed to any third party, copied, reproduced, adapted, divulged, published or circulated in whole or in part, or combined with any other information, unless authorised by you, or as part of my undertaking to deliver the brief.
I agree not to use the information for any purpose, other than to assist with the creation and/or editing of content, without obtaining your written agreement.
This confidentiality clause does not apply to any information in the public domain, or which I can show was either already lawfully in my possession prior to its disclosure, or acquired without your involvement, either directly or indirectly.
Either party to this Agreement shall, on request from the other, return any documents or items connected with the disclosure and shall not retain any unauthorised copies or likenesses.
Commissioning and briefing
A project is deemed to be commissioned when I receive a confirmation briefing e-mail from you, stating clearly that you are commissioning me. If you are commissioning me on behalf of any group or company, you warrant that you are authorised to commission me and to enter into this Agreement on behalf of that group of individuals or company.
No work will commence without a full commissioning brief/email, containing the following information:
– Date of commission;
– Name and contact details of person commissioning;
– Where applicable, name and contact details of the client (where an agency is commissioning)
– Title of the project;
– Where applicable, a job number or reference number;
– Summary of the brief;
– Details of the brief (including house style, target readership, tone of voice, proposed usage of the finished copy, length of copy, language preference, research and interview requirements with supporting information and/or contact details);
– Name and contact details of the person responsible for ongoing project liaisons;
– Name and contact details for the person responsible for ensuring payment of invoices;
– Agreed rates and payment terms;
– Anticipated final and (where applicable) interim deadlines;
– Confirmation of acceptance of these Terms and Conditions.
You agree that the aforementioned brief will form the basis of a shared understanding of our expectations regarding the project upon completion, or at assigned intervals, and that this will be provided as evidence of your initial commissioning requirements, in the event of a dispute over payment and/or your dissatisfaction with the completed work. If your requirements change following commencement of project, you accept that we may need to draw up a revised brief.
You accept responsibility for any essential omissions or ambiguities in your brief, which may affect the resulting creative work and delivery timescale. You acknowledge that such omissions or ambiguities may incur additional costs and time delays and these will be reflected in a revised brief.
For services commissioned on a retainer basis, you agree to provide one month’s notice of your intention to cancel the retainer. As retainers are invoiced and paid by Standing Order in advance, at the end of the month prior to the retained period, you will be invoiced for one full month commencing from the end of the month prior to the notice period.
Collaboration
I reserve the right, if necessary, to engage the services of other competent professional copywriters to help me to deliver all or part of my services. In such cases, I will review and edit the work to the high standard you would expect from me.
Consultancy
In many cases, my initial consultancy services will be offered to clients free of charge. However, if it is deemed that your requirement for consultancy services is a project in itself, I reserve the right to charge for these consultancy services. You will be notified in advance, prior to consulting with me. My fees for consultancy are usually around £60/hour, excluding additional expenses such as travel or accommodation.
Delivery
At the point of order, I will offer an estimated date(s) by which I expect to deliver a first draft(s) of the written or edited copy. Unless otherwise agreed in writing, this date is an estimate, not a guarantee.
You acknowledge that any delays in the project’s schedule may affect delivery dates. Likewise, if such delays have been caused by you, your associates, colleagues, assigned contacts, interviewees and/or affiliates and the project runs beyond the original deadline, you acknowledge and accept that your project will no longer automatically take priority over subsequent projects scheduled to commence after your original project deadline.
Force majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to: acts of God, strikes, lock outs, accidents, war, fire, acts or omissions of government, highway authorities or any telecommunications carrier, operator or administrator, or the disruption of supply by any other third parties equipment or services.
Amendments
I work very hard to ensure that my clients are happy with my work. Once the work has been carried out, you have no absolute right to withhold or reduce payment based solely on your critical response to, or appraisal of, the copy I write and/or edit for you. However, if you feel that any work I have carried out is unacceptable, and you will not use the work in any form, you have the right to request amendments to the copy, within 14 days of my original submission to you. I will carry out one full set of amendments, free of charge, and one minor set of amendments, of up to 25% of the text, also free of charge, within these 14 days.
There will be a charge for any additional amendments beyond those outlined above. This will be at a reduced rate of £30/hour for 28 days after submission of the original copy. Please note that all amendments requested in excess of 28 days from completion of the original work will be charged at the full rate, of around £60/hour.
In the case of media such as websites, apps and ebooks, where on-going amendments/updates may be required once published, each will be treated as a new commission rather than an editorial amendment and may be charged at the full copywriting rate, of around £60/hour.
Payments on a ‘per project’ basis
All new clients will be asked to pay a non-refundable deposit in advance. The amount of the deposit will be determined on an individual basis. As a guide, projects up to £500 are likely to incur payment of 100% in advance; projects charged from £500 to £5000, are likely to incur a 30% – 50% deposit immediately prior to commencement of work.
For projects exceeding £5000, a weekly or monthly payment schedule will be determined in advance of any work commencing. A deposit of one full week/month will be required immediately prior to commencement of work. I will invoice for each stage payment at the start of the relevant week/month.
Initial deposit invoices require immediate payment. All other invoices are due for payment within 14 or 28 days, depending on the project.
I reserve the right to cease work on your project if an instalment or payment has not been received in full. Cessation of work under these circumstances will not, for my part, constitute a breach of any agreed delivery schedule. You accept full responsibility for any delays occurring as a result of your late or non-payment.
Payment of ongoing retainer fees
All retainer fees are invoiced towards end of the month prior to the retained period and are to be paid in full by regular Standing Order, in advance of the month being retained. For the avoidance of doubt, this constitutes immediate payment. Invoices can be supplied earlier in the month if required for accounting/administrative purposes. I reserve the right to cease working for you until the payment has been received in full. Cessation of work under these circumstances will not, for my part, constitute a breach of my contract with you. You accept full responsibility for any delays occurring as a result of your late or non-payment.
Expenses
Expenses incurred by me, as a direct result of my work for you, will be added to the relevant invoice. All expenses will be mutually agreed in advance. Expenses accrued under a retainer agreement will be invoiced separately to the retainer fee and will be payable within 28 days of the invoice date.
General notes on payment
All fees quoted as part of this agreement are intended to be a helpful guideline only, and are subject to change without notification. You will be provided with a bespoke accurate quotation outlining the fees applicable to your project, which will override the guidelines quoted here.
I am not VAT registered. As such, I will not charge VAT. This is subject to change and will be clearly shown on any invoices, as applicable.
The existence of any other payment terms/practices in your company in no way alters your obligation to make payment(s) under the terms of this agreement.
You agree to pay the full amount of all invoices in your name/company name by BACS directly into my account in GBP sterling, by the date shown on the invoice. Payment will only be considered ‘received’ when it has been cleared in my bank account.
You accept that for every invoice that has not been paid within 14 or 28 days of the invoice date (as specified on the individual invoice), you will be charged interest and a late payment compensation charge, in accordance with the UK Late Payment of Commercial Debts (Interest) Act 1998. Depending on the outstanding debt, compensation charges are likely to be between £40 – £100 per invoice. Interest will be calculated at the Bank of England reference rate + 8%.
Any invoices that remain unpaid after 60 days will also incur an administrative fee, which will be based on my standard rate of £60/hour. Utilising the support now in place for small businesses, debts will be pursued, using the full weight of Her Majesty’s Courts of Justice of England and Wales, until payment for the original invoice, interest, late payment charges and any associated administrative, legal and/or court costs have been received in full.
Refund
You are entitled to apply for a refund on money paid in advance of work that I have been unable to complete, if I am found to be the sole cause of the failure to deliver. In the case of stage payments and retainers, you will only be entitled to a refund on the current invoice. If you have caused the delay, cessation or cancellation of work, you will not be entitled to a refund. You agree not to use any of the supplied copy, for which you have claimed a refund.
You are also entitled to apply for a refund of the current invoice if, after two edits of the work covered by the invoice, there is clear evidence that the supplied work does not match the agreed detailed commissioning brief. If, after discussion, we cannot agree whether the work matches your original brief, we agree to seek the advice of an independent third party to resolve the dispute.
On publication of the work, or 30 days after completion of the work, whichever is the sooner, you agree that you are no longer entitled to claim a refund on any grounds. The work will be deemed approved, whether or not you decide to use/publish it.
Copyright
Unless agreed otherwise, and where I have authority to do so, I agree to assign you copyright of any work I create as part of the commissioned project, upon receipt of full payment.
Where applicable, I reserve the right to request to be identified as the creator of the commissioned works.
Unless agreed otherwise, you automatically assign me an unrestricted licence to use the copy for my own purposes, after the work has been published in its primary location by you or your affiliates. Such uses may include, but are not limited to, my publishing the finished project or relevant extracts of your project in my portfolio and on my website, and the promotion of its addition to my portfolio/website. You agree to promptly provide any relevant hard copies, files or PDFs to support this.
You grant permission for me to list your company name as a client, and publish any positive feedback you provide in a testimonial. You agree to provide any relevant hard copies, files or PDFs to support this.
Freelance status
For the terms of this Agreement, I am being commissioned on a freelance basis. As such, I:
– reserve the right to choose the exact times, days and location of work, within reason;
– reserve the right to undertake commissions from other parties at any time;
– reserve the right to refuse a particular commission at any time;
– reserve the right to commission appropriate freelancers to assist me in the delivery of my services;
– will be responsible for the management and payment of any freelancers I commission;
– will provide/maintain items of equipment needed to carry out my work, unless using your on-site facilities;
– will be responsible for the payment of personal Tax and National Insurance contributions;
– will be responsible for paying personal overheads and everyday running costs;
– will not be deemed integral to your organisation.
Acceptance of terms and conditions
By commissioning me, you confirm that you understand and agree to be bound by these Terms and Conditions (available to view on the Website) and that you understand and accept the Privacy Policy (also available to view on the Website).
By using the Write on the Coast website, you confirm that you understand and agree to be bound by these Terms and Conditions and that you understand and accept the Privacy Policy.
This Agreement, and the Privacy Policy, can be amended at any time, without notice, so I strongly advise you to check these documents prior to every commission and website usage. If any amendments are made to these Terms and Conditions during the course of a commissioned project, you will be deemed to have agreed only to the version in place at the time of your commission. If you have retained my services, you will be notified of any changes to the Terms and Conditions during your retained period, and will be given opportunity to agree to the new Terms and Conditions.
For the avoidance of any doubt, this document overrides any other documents you, or your company, have in place for the commissioning of copywriters, editors and consultants. By undertaking work commissioned by you, I do so under the terms of this Agreement alone, unless I specifically state otherwise in writing, or in the form of another signed Agreement.
Updated: 31/01/24