The nitty gritty
Updated 22 September 2018
These Terms and Conditions form part of the contract you enter into when you engage Loop Copy (ABN 98 352 521 224) and apply to all work provided by Loop Copy & Content.
Please read them through carefully and get in touch if you have any questions – 0488 758 711 or firstname.lastname@example.org
- “You” and “Your” is the client, its employees and agents.
- “We”, “Us” and “Our” is Loop Copy, its employees and agents.
- “AB” is Adam Bament, sole proprietor of business registered as Loop Copy.
- You need to complete our briefing form before any quote or proposal being developed.
- We need access to all relevant information repositories to get a clear picture of your business. This includes website URLs, social media pages and other documentation (e.g. marketing materials and business plans)
- We will keep all information confidential.
Quotes and proposals
- All quotes and proposals are valid for 30 days from submission date.
- All quotes and proposals need to be accepted via email. No verbal agreements will be entered into.
- Acceptance of a quote and proposal assumes your acceptance and adherence to these terms and conditions.
- All quotes relating to copy and content development projects include:
- One meeting to discuss the brief (phone or video-conferencing only if you're not in Melbourne)
- Research and inquiries
- Writing time based on agreed length (in pages, posts, blogs etc.)
- Two rounds of revisions
- One round of editing and professional proofreading.
- All quotes relating to editing and proofreading projects include:
- One briefing meeting (phone or video-conferencing only)
- Editing/proofreading time based on agreed approximate word count
- One round of revisions, where you can add up to one page of extra copy after the initial review
- Additional charges, at an hourly rate of $100, will be charged for any additional revisions or proofreading outside of the proposal scope.
- You have a maximum of 14 days to respond with revisions from submission of the first draft.
- Additional charges, at an hourly rate of $100, will be charged for any additional revisions or proofreading supplied after the 14 day revision period.
- All quotes do not include (unless specifically stated):
- Liaison with other agents such as graphic designers or web developers
- Meetings outside of the initial creative brief
- Travel time for onsite meetings.
- A non-refundable deposit of 50% of the total amount quoted is required to be paid on approval of quote and proposal before project work can begin.
- Where the quoted amount is $500 or less, the full amount is required to be paid on approval of quote and proposal before project work can begin.
- All deposits and final invoices need to be paid via bank transfer only, details of which will appear on the quote and proposal.
- We require proof of bank transfer or clearance in our bank account before commencing a project or determining payment terms to not be overdue.
- The final invoice will be issued within 14 days from the first full draft being sent to you or when final sign-off is given by you (whichever occurs first).
- Payment terms are seven days from the date of your final invoice.
- AB reserves the right to charge you interest on overdue accounts at a rate of 10% for the first 21 days overdue and 20% thereafter.
- If we engage a third party organisation to recover your debt, you are responsible for paying the additional costs involved, including any legal expenses.
- If your project is urgent and requires a first-draft turnaround of less than two working days, a rush loading of 25% will apply.
- Any costs additional to the services quoted (including couriers, other media, software and travel costs) are to be paid by you directly. We’ll forward you costs and invoices at the earliest possible time to avoid delaying a project. The time it takes you to pay these costs will not be deducted from the revision timings stated in point 7 under 'Quotes & proposals'. Charges will apply as stated in point 8 under 'Quotes & proposals'.
Face to face meetings
- Additional face-to-face meetings can be added to the project at your request.
- Face to face meetings will be charged at our hourly rate of $100 and will include any necessary travel time.
- Meetings must be cancelled at least 24 hours before – or the full charge of the meeting will be added to your final invoice.
Changes in scope
- Any modifications to the original project brief during project execution will render the provided quotation invalid.
- Additional fees/charges may be applied to cover time and expenses required to complete any new work.
- The new quote will need to be approved and revised deposit paid before work can restart.
- We endeavour to deliver all work by the agreed deadline. However, circumstances beyond our control, including major illness or family emergencies may prevent us from getting work to you on time.
- We will inform you within two business days if there are any time frame issues.
- Unless otherwise agreed, you will provide revisions and related information within 14 days to from submission of the first draft.
- If we are unable to complete work because we have not received information from you, we will continue the project at our next opportunity. This may affect your overall timeline.
- You are asked to nominate one primary contact for all revisions and contact throughout the project.
- If you do not communicate with us for 30 days, the project will be deemed closed and any final amount owing will be billed.
- If we have signed a separate confidentiality agreement or non-disclosure agreement (NDA) with you, then such an agreement(s) takes precedence over any confidentiality conditions set out on this website.
- We won’t disclose any information that you indicate is confidential.
- You agree not to disclose any information about a project's pricing structure or documents.
- AB reserves the right to use your project for his own promotional use unless AB has signed an NDA precluding this.
- AB may approach you for a testimonial after your project is completed to your satisfaction, although provision of the testimonial is not obligatory.
- We reserve the right to refer to your project and your business name, and to use your logo and content for promotional or educational purposes.
- You may terminate the job at any time via email.
- If you terminate the job, AB will invoice for the total stage in progress at the minimum estimated fee.
- AB may terminate the job at any time via email.
- If AB terminates the job, AB will invoice for the total stage in progress at the minimum estimated fee.
- If AB terminates the job before it begins, the deposit or payments will be refunded in full.
AB is not responsible for any delivery delay if the delay or failure to supply is caused by matters beyond reasonable control including, without limitation:
- Acts of God
- Power failure
- Equipment failure
- Acts of God
- Power failure
- Equipment failure
Copyright and intellectual property (IP)
- You gain full copyright and IP rights for any work delivered by AB when you complete the final payment.
- Until final payment is received AB retains the copyright and intellectual property for all work delivered.
- AB won’t share your IP with a competitor or any other entity at any stage unless requested by you.
- You agree to indemnify AB from any and all legal undertakings, claims, costs and expenses as a result of you using, or making available to AB, another entity’s IP or copyrighted materials.
- AB retains the copyright of all content produced as part of a project that is terminated before completion and/or full payment.
Claims and liabilities
- We endeavour to ensure that our work doesn’t infringe on any copyright or other right of a third party.
- We are not liable in any way for any direct, indirect, incidental, special or consequential losses or damages resulting from use of services including but not limited to: loss of data and other intangibles; costs or damages resulting from or related to any services purchased or obtained; resulting from unauthorised access to, or alteration of your transmissions or data.
- You agree to indemnify and to hold us harmless from any and all claims, costs, and expenses, including solicitors fees, due to materials included in any work undertaken at your request.
- All materials provided by you are assumed to be legal and accurate.
- You are responsible for checking the factual accuracy of the content for this project.
- We work hard to ensure our work is free from errors, but we don’t offer an error-free guarantee. You are responsible for final approval.
- AB takes no responsibility for the material and how it is used once you have approved the final draft.
- If you wish to make a claim about incorrect performance or breach of these Terms and Conditions you must send it, in writing, to AB within six months of delivery.
- Any imposed liability shall be limited to resupply of information or services.
- Monthly retainers attract a set fee for each month, with a three month minimum engagement.
- Retainer payments are to occur on or before the last day of the preceding month.
- Projects exceeding the agreed retainer period with be charged at an hourly rate of $100.
- If a retainer period is cancelled by you before its agreed expiry date, you agree to pay 50% of the outstanding period fees within seven days.
- If a retainer period is cancelled by AB before its agreed expiry date, AB will be refunded the balance of outstanding period fees within seven days.
Search engine optimisation (SEO)
- Any SEO decisions are based on Google’s Webmaster Guidelines.
- Due to the dynamic nature of Google’s algorithms, no guarantees can be made as to the page ranking of your website.
- Your relationship with Google, based on online conduct as it pertains to the search engines guidelines, is your responsibility. AB accepts no liabilities or costs associated with breaches in such conduct.
- These Terms and Conditions constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties. A waiver of a breach of any of the provisions of this agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions.
- They shall be governed by Australian law, and the parties hereby agree to submit themselves to the exclusive jurisdiction of Australian courts.