Terms & Conditions
Please read the Terms and Conditions as they exist to provide clarity for both parties in the unlikely event of a dispute arising. All commissions will be undertaken on the premise that the Terms and Conditions as outlined and explained below have been read and agreed upon. When contracting my services, you acknowledge that, as the basis for the contract between us, that the Terms and Conditions expressed here take precedence over any other term and condition, either expressed or implied.
A written copy of the terms and conditions can be downloaded below:
In these Terms and Conditions:
“Contractor” means Lieze Boshoff Content & Copy (KvK 67701434 / VAT NL292152723B01), located at Hamrikkerweg 80, 9943PC, Nieuw Scheemda the Netherlands
“Client” means the client/organisation to whom I shall provide my copywriting services, whose name is set out in full in any accompanying quotation.
These General Terms and Conditions apply to all stages of an order with clients. By accepting an order, a contract for work and services is concluded between the client and contractor.
2. Conclusion of Contracts
Prior to commencing work, the Client agrees to send a purchase order to the Contractor: this shall constitute a contract. It should contain a brief regarding the work request, the agreed cost according to the Contractors proposal/quotation and any deadline.
The client may also issue orders to the Contractor by email – in text form (Article 2:101 (ex. art. 5.101) - Conditions for the Conclusion of a Contract of EU Law). In this case, the Contractor is obliged to answer the Client’s email within a reasonable time by email, expressly informing the Client whether he/she accepts the order.
For security reasons, communication between the Client and the Contractor will exclusively use email addresses which are determined in advance; other email addresses may not be used for this purpose. If the Contractor accepts the Client’s order in this way, the contract for work and services is concluded and is effective in law.
3. Description of Work and Services
The job description is an integral part of the contract for work and services and defines the scope of the work and services required for the relevant order. For best practice, the Contractor must be provided with a detailed written brief for the work to be undertaken at the time of agreeing to the commencement of work.
Should the Client choose not to provide a written brief, and opt for a verbal or vague briefing, the Client accepts that this brief by its very nature may contain ambiguities. The Client accepts responsibility for this ambiguity and for any additional costs incurred in rewriting the copy accordingly. If the Client changes the brief after work has commenced, the Client will inform the Contractor as soon as possible and adjust the budget to reflect the increased time spent on a project.
The Contractor is obliged to execute orders in accordance with the Client’s detailed written brief. The Contractor will provide the Client with the concepts and/or content/copy required in a professional manner, by the deadline agreed. All quotations include one revision, any further revisions will be charged at €30 per hour.
The Contractor makes every effort to ensure that copy is free of spelling mistakes and other literals. Early drafts may sometimes contain such errors, and the Contractor’s practice is to ensure that these are removed before a final draft is submitted to the Client. However, the responsibility of checking for spelling mistakes and literals is that of the Client, and the Client will indemnify the Contractor against any costs incurred as a result of the appearance of such errors in the final published form of any collateral in which the Client uses the copy concerned, whether or not these errors appeared in any draft of the copy supplied by the Contractor.
In the event of non-payment after 60 calendar days from invoice date, a 15% late payment charge plus an 8% interest on the total amount will be due immediately to the contractor to recover costs. This in accordance with the Late Payment Directive, 2011/7/EU.
Fees will be agreed to in advance and detailed in the Contractor’s quotation. The Client will show acceptance of the Contractor’s fees through the Client’s purchase order or confirmation email. Any other costs incurred will be agreed in advance.
5. Terms of Payment
The Contractor will invoice the project on or after the date on which the Contractor commence work on the project, and payment will fall due immediately on receipt of the completed work. In certain cases, previously agreed upon milestone payments may be required at different previously agreed upon stages of the project. The Client should make payment by electronic funds payment directly into the Contractor’s bank account or via another previously agreed upon payment method. Payment must be made in full within 15 calendar days after receipt of the completed work.
Either party may terminate the contract by giving not less than 7 days’ written notice to the other party. If the Client terminates the contract, all sums and moneys from the time of commencement of the contract until the time of termination of the contract owed to the Contractor shall become immediately due and payable by the Client. In particular, the Client shall pay the Contractor Fee in full without deduction or set-off of any kind, regardless of whether the Contractor provided the Services to the Client.
In the event of termination howsoever arising, the Client shall be solely responsible for any losses, costs or damages suffered by the Client or any third party as a result of any delay caused to the Client’s business or any third party and the Client agrees to indemnify the Contractor accordingly. Furthermore, the Client will not use for any purpose whatsoever any material contained in any drafts that the Contractor wrote for the Client. The Contractor will retain the copyright on the draft material and have the right to use it as seen fit.
By providing written instructions to the Contractor, the Client warrants that the Client (and, where appropriate, the Client’s agents and employees) have the power and authority to create the contract between the Client and the Contractor (on your behalf, where appropriate). In every case, the Contractor’s contract is with the Client and not the Client’s individual agents and/or employees.
The Contractor owns all copyright and intellectual property rights in all copy (meaning all words and/or phrases and/or content) produced until such time as payment of Fee and all associated costs from the Client has been received in full. The Client shall have no rights in any copy produced prior to making full payment. Once payment has been received in full, the Contractor will grant the Client a perpetual licence to use all copy produced for the purpose it was produced. For the avoidance of doubt, the Client does not have the right to use copy for any unauthorised purposes nor to sub-licence the copy to any third party.
The Client accepts that if the Client supplies the Contractor with somebody else’s copy as a guide to the Client’s requirements. The Contractor will make reasonable efforts to ensure that any draft copy produced by the Contractor does not breach the owner’s copyright. Notwithstanding this, the Client will indemnify me against any action (including all costs, liabilities, damages and expenses) arising directly or indirectly from my use of this copy as reference material.
When the Client contracts with the Contractor to do work for the Client, the Client acknowledges that the Contractor may, from time to time, engage other competent professionals to help the Contractor deliver the agreed work. In such cases, the Contractor undertakes to review and amend the work and to ensure that the quality of the work is consistent with the Contractor having written it in its entirety.
While the Contractor takes all reasonable steps to perform obligations under these Terms and Conditions, the Contractor’s liability to the Client for breach of these Terms and Conditions (whether by the Contractor or the Contractor’s agents, employees or any third party) is excluded to the fullest extent permitted by law. The Client will indemnify the Contractor against any costs, liabilities, damages, expenses or losses incurred as a result of civil claims or proceedings brought against the Contractor based on any work prepared for the Client and approved by the Client before publication.
11. Working with your clients
If the Client represents any other organisation or agency and wishes the Contractor to do work for one of the Client’s clients, but wishes the Contractor to contract directly with that client, then a contract will exist between the Client’s client and the Contractor governed by these Terms and Conditions. The Client acknowledges the Contractor’s right to conduct business with that client without reference to the Client and that no compensation or commission of any kind will be payable.
12. EU law
This agreement is subject to the Laws of the European Union, and the parties agree to submit to the jurisdiction of the courts in respect of any dispute or difference arising under the agreement.
Legal validity, place of jurisdiction, place of performance Dutch law applies to the order and the contractual relationship. The place of jurisdiction and place of performance is Nieuw Scheemda, the Netherlands
If one or more provisions of the contract concluded between the Client and the Contractor should be or become invalid, the other provisions of the contract remain valid. In lieu of the invalid provision, the parties will agree on a provision which comes closest in its financial effects to the invalid provision but in a manner which is admissible in law.