EFFECTIVE AS OF OCTOBER 01, 2019
Project Terms & Conditions
Many of the terms found below are included in the contracts issued to clients. But, for the sake of completeness, this page outlines the standard terms and conditions used by Copy Ads Content. They may feel a bit harsh and straightforward, but they’re here to guide the way we’ll work together.
The following are the Terms and Conditions for Copy Ads Content which is owned and operated by 10960039 Canada Inc. (BN: 733086482).
Any terms and conditions for your project are provided in the contract you enter when you engage Jef van de Graaf through Copy Ads Content. You’ll be given an opportunity to read and agree to the Terms and Conditions, or request amendments. Please review them carefully and if you have any questions, send an email to [email protected].
Table of Contents
- Quotes & Proposals
- Confirmation of Project
- Fees & Payment
- Late or Missed Payments
- Change in Scope
- Confidentiality & Non-disclosure
- Copywriting Process & Timeline
- Errors, Omisions & Indemnity
- Entire Agreement
‘We’, Us’, and ‘Our’ is Copy Ads Content, its supplier (Jef van de Graaf), and agents.
‘You’ and ‘the client’ refers to any person, company or entity who enters into a contract with us.
2. Quotes & Proposals
2.1. All quotes and proposals are valid for 10 business days upon submission unless otherwise stated.
2.2. Quotes are provided on a per-project basis. The fee is unique to the requirements of the project and is calculated to include the following:
Time dedicated to research;
Writing the first draft;
One round of revisions, as needed;
2.3. Fees provided for any project do not include the following unless we have agreed on this as part of the project brief:
Meetings with designers, web developers or any other agencies;
Travel time or travel costs for onsite meetings;
Meetings outside those required for the one round of revisions.
2.4. Any meetings, consultations, or additional revisions, beyond the one revisions included in your contract, will be charged at our hourly rate of $97 per hour and will include any necessary travel time plus travel costs.
If you’re unsure what you need for your project, we advise to get started with a strategy session. Our strategy session is designed to help you acquire clarity, focus, and direction while providing us with critical information about your business, your buyers, and your goals. Before you make an investment in any copywriting services, schedule a strategy session.
3. Confirmation of Project
3.1. Prior to starting a project, you are required to submit a written confirmation, by email or to our mailing address, that you are commissioning us on a project for your business and accept the fee quoted for the project. This confirmation binds you, the client, to the terms and conditions as defined in the contract.
4.1. If you are hiring us to work for you on behalf of any organization, company, or group of individuals, other than yourself alone, you confirm that you are authorized to hire us and accept our contract on their behalf.
4.2. If you are hiring us on behalf of a marketing agency to work with the agency on a project for one of your clients, a contract will exist only between us and the agency, not between us and the agency’s client.
4.3. You are requested to nominate and provide us with one primary contact for all revisions and contact throughout our contract.
5.1. Projects equal to or less than $500 require full payment upfront.
5.2. Projects more than $500 require a non-refundable deposit of 50% upfront with the balance due 14 days after the first draft is delivered to the client (unless otherwise agreed).
5.3. Deposit invoices must be paid in full before any work to begin on a project.
6. Fees & Payment
6.1. For an understanding and outline of our up-to-date copywriting fees, click here.
6.2. All prices are in USD.
6.3. Payment can be made via bank transfer (preferred), or through our payment processing partner, Wave.
6.4. The final invoice will be issued when you confirm approval or within 14 days of submitting a complete draft if no feedback is given (whichever occurs first).
6.5. Invoices will be sent to an email address nominated prior to the start of a project.
6.6. Any additional costs accumulated from the services ordered (including couriers, travel costs, consultations) will be charged and added to the amount to the client, as required. These costs will be itemized separately on your invoice.
6.7. Rush fees. Given the nature of marketing, we understand that some projects are urgent and require a first draft turnaround in 48 hours or less. Although it is our preference not to rush any job, as it may compromise quality, we may be able to accommodate your project due to its urgency. If a project is urgent, an additional 30% fee will apply. We also reserve the right to ask for a 100% upfront payment to secure time and scheduling for any urgent work.
6.8.For Canadian companies and clients, we are liable for HST and invoices will include the additional HST amount.
7. Late or Missed Payments
7.1. We are not responsible for missed deadlines due to a late deposit, missed payment, or delays in you providing source materials or feedback. If such delays occur, then deadlines will be revised according to our schedule and availability.
7.2. If payment is not made in full within 14 days of receipt of the invoice, we reserve the right to charge interest on overdue payments at a rate of 10% for the first 21 days overdue, then 20% thereafter.
7.3. We are willing to go to any lengths to avoid this, however, we may exercise our right to recover any debt accumulated through legal proceedings should the need arise. If we engage in a third-party organization to recover your debt, you are responsible for paying the additional costs involved, including any legal expenses.
8. Change in Scope
8.1. Contracts will outline the scope of the work that will be delivered to you. Any change in project scope may require more time to complete, which may include researching or rewriting.
8.2. There is no extra charge for requesting changes and ammendments during the one round of revisions when they are within the scope of these terms.
8.3. Any additional work beyond the scope of the agreed contract can be negotiated and undertaken for a further fee under a new contract.
9. Confidentiality & Non-disclosure
9.1. All information received from clients in spoken or written form will be treated as confidential and will not be shared with any third parties or used in any way except in accordance of its usage in the work provided.
9.2. You agree not to disclose any information about our pricing structure or project documents.
9.3. We can sign a confidentiality or non-disclosure agreement with you or your organization, if you request it, and it will take precedence over these terms and conditions. However, you agree to indemnify us for any claim for compensation or damages as a result of accidental disclosure or loss of information. We are also not responsible for any information that is already public knowledge, any information we have to disclose by law, or anything that we obtain independently.
9.4. We may request a testimonial after the project is completed to the satisfaction of the client, however, this provision of testimonial is not obligatory.
9.5. Unless we have signed an NDA with you, prior to the commencement of work, we reserve the right to display our work and a link to the completed project as a part of our online portfolio, for self-promotion purposes only. In particular, we may design a case study about the work performed for you which will be created within 30 days of your project’s completion and may include your business name and the usage of your logo and content for promotional and educational purposes. We may send you a link to review and amend the case study, prior to publishing, to ensure accuracy and omission of sensitive information, if requested.
9.6. From time to time, we may work for companies in similar or related markets to yours. We will not undertake any projects if that would create a conflict of interest.
10.1. Full copyright and intellectual property rights for any work delivered by us will be fully transferred to you when the final payment is received.
10.2. Until the final payment is received, we retain the intellectual property rights for all work derived.
11. Copywriting Process & Timeline
11.1. Once we receive your request for a quote, and based on the information you provide us, we will prepare a detailed quote to deliver copywriting based on your requirements, valid for 10 business days unless otherwise stated.
11.2. When you accept our quote and these terms and conditions, we will send you a briefing document and an invoice. You must sign the document and return it to us and pay the upfront non-refundable 50% deposit before any work commences.
11.3. You will receive a first draft within the agreed timeframe and any amendments are required within 14 days of you receiving the first draft from us.
11.4. One round of revisions and a final proofread is included in the fee. IF you think further revisions are needed, you agree to pay our hourly rate of $97.
11.5. We endeavor to deliver all work agreed upon by the deadlines set forth in your contract. However, circumstances beyond our control, including major illness or family emergencies, may prevent us from delivering work to you on time.
11.6. We will contact you within 2 business days if we have any issues regarding timeline and delivery.
11.7. If we have not received information for you and are unable to begin or complete work, we will continue the project at our next opportunity and modify the timeline accordingly.
12.1. We use Google Drive to create, store, and share access to any drafts and the final deliverable(s). If alternative formats are required for the final deliverable(s), such as Microsoft Word (.doc, .docx), plain text, or PDF, please notify us regarding your preference.
13.1. Your decision to commission us for your project is based on the style and examples shown on our website or previous work or through the interpretation of your needs, amendments or circumstances. The success of your project is a joint effort between you, the client, and us, the copywriter.
Therefore, it is in the client’s interest to provide us with all the necessary information to complete the project to requirements. If the project is rejected on the basis of our style, composition, editing, or our interpretation of your needs, amendments or circumstance, you are liable for the full cost of the quoted fee.
13.2. If you commission us and we begin writing the first draft then you cancel the project for whatever reason, we will invoice you for the full amount. Normal payment terms will apply in these circumstances (see Deposit and Fees & Payment).
13.3. Please notify us by email if you would like to terminate your contract and we will send an invoice for the total amount owing.
14.1. We cannot be responsible for any delivery delay or failure to supply due to circumstances that are beyond reasonable control, which includes without limitation to family emergencies, civil unrest, war, flooding, acts of God, national emergencies, etc. If there are any factors affecting our ability to meet deadlines, we will advise you right away.
15. Errors, Omisions & Indemnity
15.1. We have a thorough editorial standard and are committed to delivering only high-quality deliverables. However, it is your responsibility to check the work we deliver, in accordance with the terms outlined in 11.8, and request any changes and amendments for us to edit and correct within the scope of this contract. You agree to absolve us of any responsibility if, when the work is finally published, errors appear in the published version, regardless of whether they were in the draft we supplied to you.
15.2. It is also your responsibility to ensure that all statements, claims, promises, information on any product(s) or service(s), and guarantees are upheld in accordance with law. While we do our best to ensure all work complies with the law, it is your responsibility to submit all copy for legal review, if required.
15.3. We are not liable to you, or any third party, for damages, including loss of profits, lost savings, complaints, claims, litigation, or other incidental, consequential, or special damages that arise regarding your project.
16.1. We aim for you to be completely satisfied with the copywriting you receive before you use it, however, we cannot guarantee specific results from its use. This is due to there being too many factors in your marketing that are out of our control, such as your product or services, mailing list, distribution, price, consumer preferences, demand, promotion design, major events, and so on.
16.2. You are given one set of revisions and a final proofread to ensure your project is delivered to the highest level of quality and your satisfaction. As long as the original scope defined in your contract does not change in any way, we will continue to work on your copy until you are fully satisfied.
16.3. However, it is your obligation to ensure that communication is maintained throughout the duration of the project that you contracted with us. If you do not communicate with us within 14 days after submitting the first draft, or within 5 days after your one round of revisions have been completed, your project and contract will be deemed closed and any final amount owing will be billed.
17. Entire Agreement
17.1. These terms and conditions constitute the entire agreement and understanding of the parties involved and cannot be transferred to a third party without our written permission.
17.2. These terms and conditions shall be governed by Canadian law, and the parties hereby agree to submit themselves to the exclusive jurisdiction of Canadian courts.
17.3. If any provision of our agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
For insights into the real value and potential ROI professional copywriting can provide your business, you should read this blog post which condenses some of the hard-earned knowlede, research, and wisdom I have collected over the years as a copywriter: 21 Ways Copywriting Can (Profitably) Grow Your Business.