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 and is legally binding as per Article 2:101 (ex. art. 5.101) – Conditions for the Conclusion of a Contract of EU Law.
When contracting the services of Lieze Boshoff Content & Copy, you acknowledge that, as the basis for the contract between us (Lieze Boshoff Content & Copy and the Client/organisation commissioning services), that the Terms and Conditions expressed here take precedence over any other term(s) and condition(s), either expressed or implied.
IN THESE TERMS AND CONDITIONS:
“Writer” means Lieze Boshoff from Lieze Boshoff Content & Copy (KvK: 67701434) located at Hamrikkerweg 80, 9943PC, Nieuw Scheemda, The Netherlands;
“Client” means the Client/Organisation, whom is commissioning the services of the Writer and to whom Lieze Boshoff Content & Copy shall provide copywriting services.
1. APPLICATION & CONCLUSION OF CONTRACT
These General Terms and Conditions apply to all stages of each project and/or project order with Client(s).
Prior to commencing work, the Writer shall send a Project Proposal to the Client that outlines the scope of work, fees and project duration. By the client accepting this Project Proposal, either verbally, via email, and/or by making payment of the retainer fee, the general Terms and Conditions as written here constitutes and concludes a legally binding contract for work and services between the Client and Writer Article 2:101 (ex. art. 5.101) – Conditions for the Conclusion of a Contract of EU Law.
The Client may also issue written orders to the Writer in text form by email. In this case, the Writer is obliged to answer the Client’s email within a reasonable time by email, expressly informing the Client whether he/she accepts the project.
Prior to commencing work, the Writer shall confirm the services to be provided to the Client. By the client accepting this Project Proposal, either verbally, via email, and/or by making payment of the retainer fee, the general Terms and Conditions as written here constitutes and concludes a legally binding contract for work and services between the Client and Writer Article 2:101 (ex. art. 5.101) – Conditions for the Conclusion of a Contract of EU Law.
2. DESCRIPTION OF WORK & SERVICES
The Project Proposal is an integral part of the contract for work and services, and defines the scope of the work and services required for the relevant project order. Upon acceptance of Project Proposal by the Client, the Client agrees to the description of work and services as is. The Writer is obliged to execute orders in accordance with the Project Proposal as agreed upon by Client and Writer.
If the Client changes the brief after work has commenced, the Client will inform the Writer in writing as soon as possible and adjust the budget to reflect the inclusion of additional services, deliverables and/or increased time spent on a project.
Although the Writer ensures that the Project Proposal is as accurate and as complete as possible (based on the information provided to the Writer by the Client), the Client accepts that the Project Proposal by its very nature may contain ambiguities. The Client accepts responsibility for this ambiguity, and for any additional costs incurred in rewriting the content and/or copy accordingly.
The Writer will provide the Client with the concepts and/or content and/or copy required in a professional manner, by the deadline agreed. All quotations include one revision unless otherwise stated. Any further revisions will be charged at €50 (or the equivalent amount in the currency payment was made) per hour, and excludes rewrites which constitutes revisions on more than 30% of original submitted content and/or copy.
The Writer makes every effort to ensure that content and/or copy is free of spelling mistakes and other literals. Early drafts may sometimes contain such errors, and the Writer’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. The Client will indemnify the Writer against any costs incurred as a result of the appearance of such errors in the final published form in which the Client uses the copy concerned, whether or not these errors appeared in any draft of the copy supplied by the Writer.
3. FEES & RETAINER
Fees will be agreed to in advance and detailed in the Project Proposal. The Client will show acceptance of the Writer’s Fees either verbally, via email, and/or by making payment of the retainer fee.
A retainer Fee, will be due upon acceptance of the Project Proposal. This retainer is non-refundable.
In the event of the Client terminating a project before the agreed upon end date of the project, the Client shall pay the Writer’s Fee as outlined in the Project Proposal in full.
Content packages are billed at the start of each month for three (3) consecutive months. In the event of the Client terminating a content package before the end of the three (3) consecutive months, the Client shall pay the Writer Fee in full.
4. TERMS OF PAYMENT
The Writer will invoice 50% of the project Fee as retainer on or after the date on which an agreement has been reached between Client and Writer. Work will commence at the moment payment of the retainer Fee is received. If payment has not been made within 15 calendar days of the receipt of the invoice, the Project Proposal becomes null and void.
Payment of the remainder of the Fee 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.
Payment must be made in full within 15 calendar days after receipt of the completed work. 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 Writer to recover costs. This in accordance with the Late Payment Directive, 2011/7/EU.
Either party may terminate the contract by giving not less than 14 calendar days’ written notice to the other party.
In the event of the Writer terminating the contract, before commencement of work, the Writer agrees to repay the retainer fee in full. If the Writer terminates the contract after delivery of any commissioned work, the retainer fee constitutes a “kill fee” and is not refundable.
If the Client terminates the contract, all sums and moneys from the time of commencement of the contract owed to the Writer shall become immediately due and payable by the Client. In particular, the Client shall pay the Fee as outlined in the Project Proposal in full, without deduction or set-off of any kind, regardless of whether the Writer 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 Writer accordingly.
Furthermore, the Client will not use for any purpose whatsoever any material contained in any drafts that the Writer wrote for the Client. The Writer will retain the copyright on the draft material and have the right to use it as seen fit.
In the performing of the Writer’s obligations, the Writer may have access to confidential information belonging to the Client or the Client’s customers, affiliates or subsidiaries.
The Writer agrees not to disclose any such information to any third party without prior written consent of the Client. Such information, for the purposes of this agreement shall include all client lists, customer data, articles or other information relating to the Client’s processing, research and development, trade secrets or business affairs but excludes information available to the public or information that is or becomes available to the Writer from third parties who in making disclosure breach no confidentiality obligation to the Client.
By providing written instructions to the Writer, 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 Writer on behalf of the Client (where appropriate).
In every case, the Writer’s contract is with the Client and not the Client’s individual agents and/or employees.
8. ASSIGNMENT & OWNERSHIP OF INTELLECTUAL PROPERTY
The Writer owns all copyright and intellectual property rights on all content and/or 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 content and/or copy produced prior to making full payment. Once payment has been received in full, the Writer will grant the Client a perpetual licence to use all content and/or copy produced for the purpose it was produced. For the avoidance of doubt, the Client does not have the right to use content and/or copy for any unauthorised purposes nor to sub-licence the content and/or copy to any third party.
The Client accepts that if the Client supplies the Writer with somebody else’s content and/or copy as a guide to the Client’s requirements. the Writer will make reasonable efforts to ensure that any draft content and/or copy produced by the Writer does not breach the owner’s copyright. Notwithstanding this, the Client will indemnify Writer against any action (including all costs, liabilities, damages and expenses) arising directly or indirectly from my use of this content and/or copy as reference material.
The Client grants the Writer the right to reference each project and the Client’s name(s) in all future Writer marketing and other publicity materials unless otherwise specified. Where possible, all content and/or copy will be attributed to the Writer with the Writer’s name appearing in the by-line.
When the Client contracts with the Writer to do work for the Client, the Client acknowledges that the Writer may, from time to time, engage other competent professionals to help the Writer deliver the agreed work. In such cases, the Writer undertakes to review and amend the work and to ensure that the quality of the work is consistent with the Writer having written it in its entirety.
10. LIABILITY & INDEMNITY
While the Writer takes all reasonable steps to perform obligations under these Terms and Conditions, the Writer’s liability to the Client for breach of these Terms and Conditions (whether by the Writer or the Writer’s agents, employees or any third party) is excluded to the fullest extent permitted by law.
Upon receipt and acceptance of work submitted to Client by Writer, Client relinquishes Writer of any and all liabilities, damages, claims, costs, expenses, or losses associated with Client’s defence as a result of civil claims or proceedings brought against the Writer based on any work prepared for the Client and approved by the Client before publication.
Writer provides the work as-is and Client’s acceptance of such work constitutes transfer of associated liabilities, etc. with the work.
Writer guarantees that the work is written with the best of intentions, is free of plagiarism, and includes no slander, libel, or factually-incorrect information. Client’s acceptance of submitted work represents Client’s agreement that the work is legally suitable for publishing and distribution. Writer is not responsible for any changes or edits made to the piece after work is submitted and accepted by Client.
11. WORKING WITH YOUR CLIENTS
If the Client represents any other organisation or agency and wishes the Writer to do work for one of the Client’s Clients, but wishes the Writer to contract directly with that Client, then a contract will exist between the Client’s Client and the Writer governed by these Terms and Conditions. The Client acknowledges the Writer’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 and its legal validity, place of jurisdiction and place of performance is The Netherlands/ European Union and subject to the Laws of the European Union. Parties agree to submit to the jurisdiction of the courts in respect of any dispute or difference arising under the agreement.
If one or more provisions of the contract concluded between the Client and the Writer 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.