These terms and conditions apply to any contract of work agreed between me (Cath Harris Media) and you (the Client). Clients will be asked to read and agree to these T&Cs before a project begins.
By agreeing a Project Contract with me (Cath Harris Media) you (the Client) acknowledge receipt of and agreement with these terms and conditions.
- These terms and conditions apply to the Project Contract agreed by you and me.
- I confirm that I am self-employed, am responsible for my own income tax and National Insurance contributions, am not VAT-registered and will not claim benefits granted to the Client’s employees (if applicable).
- I will fulfil the Project as agreed in writing by you and me in the Project Contract, and will complete the Project myself at such times and places as determined by me, using my own equipment. No part of the Project will be sub-contracted out.
- You will provide your full name and billing address on the signed Project Contract at the outset of the Project; you will inform me immediately of any change in these details.
- You will pay any reasonable and necessary expenses incurred in completing the Project, including postage, travel, travel and meeting time, and stationery at my hourly rate (minimum one hour).
- Documents sent to me by post, courier or email will be sent at your expense and risk.
- If, at an early stage in the Project, it becomes apparent that it requires significantly more work than anticipated in the Project Contract, the agreed fee and deadline will be renegotiated.
- If you alter the brief before completion of the Project or request additional work, we will renegotiate a new agreed fee and deadline and the fee and deadline originally agreed in the Project Contract will no longer apply.
- If you are unable to supply necessary materials or if you are not available to make essential decisions, I will extend the Project deadline and the terms of the Project Contract will be deemed to have changed accordingly.
- Subject to the previous condition, the completed Project will be delivered on or before the deadline agreed, for the agreed fee.
- Delivery of the Project will be deemed to have been made at the time of personal delivery or dispatch to you by ordinary post or courier service. Electronic delivery will be deemed to have been made at the time I send the email(s) or upload the file(s).
- You agree to provide me with a hard copy and electronic PDF copy of the completed or published Project for my portfolio and for use as promotional material, unless otherwise agreed.
- I may use your name and feedback in promotional material such as my website, unless you request that I do not.
- This agreement is subject to the laws of England and Wales, and both you and I agree to submit to the jurisdiction of the English and Welsh courts.
- Under the terms of the Data Protection Act 1998, you and I may keep on record such information (for example, contact details) as is necessary. Either may view the other’s records to ensure that they are relevant, correct and up to date.
- You will pay me a fee per hour OR per 1,000 words (or other agreed figure) OR a flat fee agreed before the Project begins and as specified in the Project Contract.
- The agreed fee is non-negotiable once agreed, unless additional work is required, in which case we will agree a new fee and deadline.
- In most cases, 50% of the fee will be required before work begins. This will be stated in the Project Contract.
- Settlement of the remainder will be required within seven or 30 days of my final invoice date – this will also be stated in the Project Contract.
- If the Project is lengthy, I may invoice periodically for completed stages. This will be specified in the Project Contract.
- If payment is delayed beyond 30 days, and in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 – Amended and Supplemented in 2002, compensation (http://www.legislation.gov.uk/ukpga/1998/20/section/5A) and interest will be due (interest at 8% above the Bank of England base rate for the period between the due date and payment date https://www.gov.uk/late-commercial-payments-interest-debt-recovery/charging-interest-commercial-debt).
- You will be liable for any bank or other charges levied for transferring payment to me, and for costs incurred by me connected directly or indirectly with the performance of the Project Contract, including recovery of the costs of collection of unpaid invoices and court fees.
- If you cancel the Project with half or more than half the Project complete, the full agreed fee will be due. If you cancel the Project with less than half the Project complete (determined by the agreed Project fee, time agreed or agreed number of words to be proofread), half the agreed fee will be due.
- If you cancel the Project less than a month before the Project is booked to begin, and after the Project Contract has been agreed, half the agreed fee will be due. If you cancel the Project between one and two months before the booking is due to start, 25% of the agreed fee will be due. If you cancel the Project with more than two months’ notice, there will be no charge.
- If I am unable to meet the Project deadline because of circumstances unforeseen or beyond my control (including fire, flood or other disruption), you may cancel the remainder of the Project and pay only for work already carried out, or renegotiate a new deadline for final delivery of the full Project. I will have no obligation to compensate you for any part I cannot complete.
- If unforeseen circumstances as referred to in the previous condition lead you to cancel the Project, you will contact me at the earliest opportunity to discuss cancellation terms. I will strive to be considerate and fair and may reduce or waive my fee if I deem it appropriate.
- We both have the right to cancel the Project Contract at any time if there is a serious breach of its terms.
- Until the Project is complete, its nature and content will be kept confidential and not made known to anyone other than you and your contractors, without prior written permission.
- I will sign a confidentiality agreement if required and you will indemnify me against any action associated with accidental disclosure or loss of such information by either of us.
- All materials provided by you remain your property. Once my invoice is paid, a proofreading Project will become your copyright.
- The copyright of writing Projects will remain with me but I grant you permission to use the Project for free for uses agreed in the Project Contract (https://www.gov.uk/copyright/overview). If you wish to use the Project for any other purpose or publish it by any means other than that originally agreed, you will contact me first. An additional fee may be due. I reserve the right, once the Project has been used for the agreed purpose and excluding cases where privacy or confidentiality is a concern, to use any part of the Project for marketing purposes, including downloadable PDFs of the final version.
- It may be necessary and/or appropriate to use your literature in researching a Project. If you supply this, you confirm that you own the copyright to that material and will indemnify me against any claim arising from the suggestion that the new work breaches existing copyright.
Liability and indemnity
- You are responsible for the accuracy and thoroughness of all information provided to me in order to complete the Project. I will accept no liability for consequential loss, damage of whatever nature, or claims by third parties, if it should prove that the information provided to me was incorrect or incomplete, even if such information was provided in good faith.
- You will indemnify me against all claims by third parties due to an alleged infringement of any copyright, property, patent or other intellectual property right associated with the Project and against all claims by third parties ensuing from the use of the Project.
- I will make every possible effort to ensure the Project is free of errors. I cannot guarantee error-free work, however, particularly if no other editorial professional has worked on the Project previously. I am not responsible for costs incurred as a result of errors appearing in the final, published form of the Project. The Society for Editors and Proofreaders (the association for editorial professionals) has guidelines on this: http://www.sfep.org.uk/standards/standards-in-proofreading/#text-perfect .
- You must notify me in writing of any complaint relating to the Project I have carried out within 14 days of its final delivery. The voicing of a complaint will not discharge you from the obligation to pay the Project fee due to me. If I take up the complaint, this does not mean that I consider the complaint justified or submitted on time.
- If I agree that the Project is unsatisfactory, I will rectify or replace it within a reasonable time and at my own expense. This will not apply if you have made changes to the Project or had it changed since my delivery of the final Project to you. If I am unable to rectify or replace the Project within a reasonable time, I will offer you a discount on the fee due.