Terms & Conditions

Terms and conditions of working with Whatsit Doodah Writing (Jo Watson Davies)

By commissioning my services, you agree to the following terms and conditions unless expressly agreed in writing beforehand.

Copyright & Use

(1) The copyright of the written content created for you is retained by Jo Watson Davies at all times and throughout the world. Please see http://www.ipo.gov.uk/c-ownership-faq-who.htm for further information on this.

(2) Jo Watson Davies provides written content and sells the right to use this in the context agreed with the client. Whilst the client has the right to reproduce this content in the context agreed, no property or copyright is either granted or implied.

(3) The client has permission to use written content produced by Jo Watson Davies after they have paid her. This permission only extends to the agreed context (i.e. only in the publications/websites/marketing materials for which the content was commissioned.) Jo Watson Davies reserves the right to charge the client an additional fee for using written content in publications, adverts, websites and marketing materials outside the initially agreed context. The client has a duty to inform Jo Watson Davies if they want to use the written content created for one project for another use. In cases where the client wants to use the content in other sources, Jo Watson Davies reserves the right to charge up to 100% of the initial project fee at her discretion.

(4) Jo Watson Davies grants the reproduction rights outlined in articles 2 and 3 to the client and the client alone. These cannot be transferred, reassigned, loaned or sold to third parties unless agreed in writing beforehand.

Process

(1) Before a project commences, Jo Watson Davies will produce an estimate of costs to deliver written content to the client based on the client’s requirements and information supplied. Jo Watson Davies reserves the right to amend the fee if the work takes longer than anticipated or if the project requirements change in any way.

(2) Jo Watson Davies will complete a first draft of any work within the timescale agreed at the start of a project. The client is expected to send back amendments, additions or revisions within one week of receiving any draft unless agreed otherwise.

(3) Jo Watson Davies will complete up to 3 (three) drafts of any written content produced as part of the initially agreed project cost.

(4) If, after 30 (thirty) days following delivery of any draft, the client has not sent through amends or approved the written content, Jo Watson Davies reserves the right to charge 100% of the total cost of the job to be paid by the client within 14 days.

(5) Any amendments desired by the client after Jo Watson Davies delivers the third or final draft will incur an additional charge, to be set by Jo Watson Davies.

(6) The client has no right to reject written content provided by Jo Watson Davies on the grounds of written style, preference, editing by the client, amendments or change of circumstance. However, if, after receiving any draft – the client chooses to finish any written content themselves or change copywriting provider, the client will still be liable for 100% of the agreed project cost.

Payment

(1) Jo Watson Davies reserves the right to ask for a payment of up to 50% of the total project estimate before starting any work. This will be agreed upon at the start of the project.

(2) Payment terms are 14 days from the date of invoice. Payment is accepted by BACS transfer (bank details as specified on the invoice).

(3) Jo Watson Davies reserves the right to claim interest on late payments and may exercise her statutory right to claim compensation for debt recovery costs under the late payment of commercial debts act (http://www.legislation.gov.uk/ukpga/1998/20/part/I).

(4) Whilst invoices remain overdue; Jo Watson Davies reserves the right to suspend any other services or projects provided to the client.

(5) Whilst invoices remain unpaid, Jo Watson Davies reserves the right to inform any affected third parties about the reasons for the suspension of these services (e.g. partners, stakeholders, designers, marketing companies and other agencies involved in or affected by the project).

Indemnity

(1) Jo Watson Davies shall not be liable for any loss or damage suffered by the client or by any third party arising from the use or reproduction of any words or phrases created by her.

(2) The client agrees to indemnify Jo Watson Davies regarding any claims, damages or costs arising from the reproduction of any written content supplied to the client by Jo Watson Davies.

(3) The client is responsible for ensuring that all necessary rights, permissions or consents required for the reproduction or use of written content produced by Jo Watson Davies are obtained. It is also agreed that Jo Watson Davies has no responsibility to ensure that the client has obtained these necessary permissions in relation to the use of names, people, trademarks, or any other copyrighted materials. When written content is produced or issued by Jo Watson Davies with the client’s authority, that client agrees to indemnify Jo Watson Davies against any loss or damage where rights, releases, consents or permissions have not been granted or obtained.