Terms and Conditions of Sale of Services

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​These are the terms and conditions of Laura Feinberg trading as The Strictly Sustainable Writer (Strictly Sustainable Writer).

1. General

 

• ‘The Services’- providing copywriting services for business and other organisations (including charities and community interest companies) and a creative problem-solving service.

• ‘The Fee’- The sum payable for the provision of the Services agreed with the Client and any additional sums agreed between the Parties. 

• ‘Days’- All the days in a week excluding weekends and Bank Holidays.

• ‘Payment’ – is by bank transfer.

• ‘The Proposal’ – details of the Services offered to the Client and open for 30 days

• ‘The Contract’- the legal agreement between Strictly Sustainable Writer and the Client.

• ‘Copy’- the written piece produced under the copywriting service.

• ‘Materials’- the content, facts, keywords, artwork, images, photos and other information necessary to provide the copywriting service. Details as per the Proposal or otherwise agreed.

• These terms and conditions and any Proposal on which it is based, will represent the whole of the terms between Strictly Sustainable Writer and the Client. Any changes to these must be agreed in writing

 

2.   The Services 

• The Services to be supplied will be as described in the Proposal or in some situations by email.

• The descriptions of the Services by Strictly Sustainable Writer will be as accurate as possible and provided in good faith. 

• Strictly Sustainable Writer reserves the right to amend the Services where in its professional opinion such amendment will lead to an improved result for the Client.

• Strictly Sustainable Writer will perform its obligations and provide the Services under the Contract with reasonable care and skill.

 

3. Copywriting Services.

• The Materials necessary to provide the copywriting services will be agreed at the outset in the Proposal. These must be delivered to Strictly Sustainable Writer as soon as possible.

• The Client will respond to any requests for information and approval of draft produced as quickly as possible.

• The Client must understand that any delay by them in responding will delay the production of the final Copy.

•  The Client must understand that no research will be carried out by Strictly Sustainable Writer unless specified in the Proposal. The research information is for the Client to supply.

• If the Client requests Strictly Sustainable Writer to source images to go with the Copy then this will be charged as an extra.

 

4. Creative Problem Solving 

• The Service is one session providing a collaborative effort between the Client and Strictly Sustainable Writer to find a solution to an agreed problem.

• Strictly Sustainable Writer will provide a procedure to analyse and review the problem with a view to the Client coming to a suitable solution.

• The Service Is not for Strictly Sustainable Writer to provide a solution and no set solution is guaranteed. It is for the Client to use the methodology supplied to find their own solution.

 

5. The Clients Obligations​

• If the Client does not provide all the necessary Materials for the Services to be supplied as soon as possible the Client must accept that any delay is their responsibility if due to their actions. 

• Content should ideally be provided by email or Microsoft Word. 

• Images and photos provided ideally should be as JPEG or png format. 

• Information provided by the Client to must be complete, accurate and provided in good faith.

• It will be the Client’s responsibility to obtain any necessary copyright or other consents, licences or any other permission required for the use of any Materials supplied to Strictly Sustainable Writer for use in the Services.

•  If requested the Client must supply Strictly Sustainable Writer with written confirmation of the right to use any Materials. If Strictly Sustainable Writer is not satisfied with such confirmation, they are entitled to refuse to use those Materials.

• Strictly Sustainable Writer cannot advise the Client on any legal issues including but not limited to copyright, right to use or possible libellous material. Client must take independent legal advice on such issues.

 

6. The Contract and Termination

• The Contract is made when the Client accepts the Proposal or the terms of the email and pays the initial Fee requested.

• Strictly Sustainable Writer can terminate the Contract immediately should the Client commit a material breach of these terms.

• The Client will be given three drafts of any copywriting for approval when the Client can make comments and ask for amendments which Strictly Sustainable Writer will endeavour to accommodate. However, the Client shall have no right to seek any cancellation of the Contract or repayment of the Fee based on the style or composition of any Copy. The obligation of Strictly Sustainable Writer is limited to the production of a piece of Copy that conforms to the Proposal.

• The Contract will terminate immediately if the Client has a receiver appointed, makes a voluntary arrangement with creditors, is subject to an administration order, goes into liquidation or bankruptcy or the Client ceases business.

•  If the Client wishes to terminate the Contract they must inform Strictly Sustainable Writer in writing by email. The initial payment is non-refundable. If any drafts have already been supplied to the Client, then the full Fee will be payable immediately.

 

7. Failure to respond promptly

• If Strictly Sustainable Writer requires a decision, approval, consent, or any other communication from the Client to provide the Services the Client must provide these as quickly as possible and in any event within a reasonable time. Failure to comply may lead to the Services being terminated or paused.

• If no response is received within one month Strictly Sustainable Writer will assume the Client assumes the matter has been completed and no further action is required. No refund will be made of any payment made and the Client will be invoiced for all services provided to date.

• Should the Client subsequently wish for the Services to be completed no further work will be carried out until all the Materials required and all information requested have been supplied.

 

8. Undertakings by Client

• The Client confirms that the Materials do not and will not contain any obscene, offensive, defamatory, or blasphemous material; contain any material that amounts to a breach of privacy, misuse of intellectual property, misuse of private information, contract, duty of confidence, Official Secrets Act or contempt of court and will not expose Strictly Sustainable Writer to any civil or criminal proceedings.

• The Client confirms that they have obtained all necessary written permissions for the Materials to be used on in the Copy.

• The Client confirms that all statements it requires in the Copy purporting to be facts are true and any recipe, formula, or instruction provided will not cause any injury, illness or damage if followed accurately.

• The Client agrees to indemnify Strictly Sustainable Writer against any action, claim, proceedings, demands, loss, injury and any costs or reasonable legal expenses incurred, including any matter settled on the advice of counsel, by Strictly Sustainable Writer as a result of any breach or alleged breach by the Client of their obligations under these terms including any copyright or other intellectual property issues by a third party.

 

9. Approval of the Copy

• The Client will be given three opportunities to approve and amend any copy produced.

• If the Client requires more than three rounds of amendments, then Strictly Sustainable Writer reserves the right to make an extra charge.

• The Client must indicate any changes they wish to the copy within 5 working days of receipt, or it will be assumed than no changes are required.

 

10. The Fee

• The Fee must be paid in accordance with the Proposal. If not received Strictly Sustainable Writer, no further work will be carried out until received.

• If an invoice is not paid within 14 days of issue, then interest at 8% per annum above the current Bank of England base rate will be payable together with the current recovery fees.

• All invoices must be paid in full without set-off, deduction or counterclaim.

 

11. Postponement Policy

• If the Client wishes to postpone any appointment with Strictly Sustainable Writer, they must give a minimum of 24 hours’ notice.

• Strictly Sustainable Writer retains the right to postpone any appointment if due to circumstances beyond their control such as illness. These will be rescheduled at a time convenient to Strictly Sustainable Writer and the Client. 

 

12. Completion

• Any completion period given is an estimate only and time is not of the essence.

• Strictly Sustainable Writer will not be liable for any loss or damage suffered by the Client or any third party through any reasonable delay due to unforeseen circumstances.

• If the Client requires completion by a certain date, then this must be communicated in writing to Strictly Sustainable Writer before the Contract is made. Strictly Sustainable Writer is only bound by such date if they confirm acceptance of this in writing.

 

13. Limitation of Liability

• Should Strictly Sustainable Writer be prevented, hindered or delayed from performing their obligations under the Contract by circumstances outside of their control (including without limitation acts of God, flood, drought, earthquake, other natural disasters, epidemic or pandemic, a terrorist attack, war, civil commotion or riots, war, the threat of or preparation for war, armed conflict,  the imposition of sanctions, embargo or breaking off diplomatic relations, nuclear, chemical or biological contamination, any law or action by government or public authority, the collapse of buildings, fire explosion or accident, any labour dispute or strike, non-performance by suppliers or subcontractors, interruption or failure of utility service, any action or order from the government, travel restrictions )Strictly Sustainable Writer shall be relieved from performing their obligations and will not be in breach of these terms or otherwise liable for any such failure or delay in the performance of such obligations.

• Strictly Sustainable Writer is not liable for any indirect or consequential losses to the Client or any third party. It has no liability for any loss of profits, goodwill, reputation, special or indirect losses or any other business losses.

• Any Contract is exclusive to the Client and no third party shall have any rights under it. The Contract cannot be assigned by the Client to any third party.

• Strictly Sustainable Writer does not exclude or limit liability for death or personal injury, by the negligence, fraud, or fraudulent misrepresentation of Strictly Sustainable Writer or their employees, agents, or subcontractors or any liability that cannot be excluded by law.

• It is assumed that the Client is purchasing the Services in the course of a business unless advised otherwise in writing by the Client.

• The Client will indemnify Strictly Sustainable Water against any loss or damage to any property or injury or death caused by the negligence or omission or wilful misconduct of the Client or those acting on their behalf.

• The Client will promptly notify Strictly Sustainable Writer in writing of any claim or complaint by a third-party claiming infringement of their intellectual property and provide all information required and work with Strictly Sustainable Writer in the resolution of the matter.

 

14. Intellectual property

• The Client must not use images, photographs, designs, or anything similar from the internet unless they have the proper authority to do so and produce this to Strictly Sustainable Writer

• All copyright, in the Copy will be passed to the Client once all sums due to Strictly Sustainable Writer have been paid.

 

15. Confidentiality

• Confidential information (the “Confidential Information”) refers to any personal data or information relating to Strictly Sustainable Writer or the Client which would reasonably be considered to be private or proprietary to the owner and that is not generally known.

• Strictly Sustainable Water and the Client both agree that they will not disclose, divulge, reveal, report, or use, for any purpose, any Confidential Information which they have obtained, except as authorised by the other party, or as required by law. The obligations of confidentiality will apply during the Contract and will survive indefinitely upon termination or completion. 

• If any information is of particular concern to the Client, they must inform Strictly Sustainable Writer in writing that it must be treated as confidential for the avoidance of any doubt.

 

16. Data Protection

• The Parties agree to comply with all applicable data protection legislation including UK GDPR:Regulation (EU) 2016/679 of the European Parliament and the Data Protection Act 2018 and all data protection legislation.

• The Privacy Notice of Strictly Sustainable Writer is available on their website.

 

17. Notices

Any notices served under these terms must be addressed to the address provided by each party. Notices can be given by email to any email address agreed for that purpose. This does not include legal proceedings.

 

18. Indemnity

The Client agrees to indemnify and hold harmless Strictly Sustainable Writer against any claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the Client. This indemnity will survive the completion of the Contract.

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19. Governing Law

These terms will be governed by and construed under the laws of England and Wales whose courts will have sole jurisdiction.

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20. Severability

If any of these terms and conditions are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of these terms and conditions.

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21. Waiver

The waiver by Strictly Sustainable Writer of a breach, default, delay, or omission of any of the provisions of these terms and conditions by them will not be construed as a waiver of any subsequent breach of the same or other provisions. Any waiver must be in writing signed by both parties.​

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