Terms & Conditions – Writing / Authoring Services
These Terms & Conditions are owned and operated by Smithson Solutions trading as Daniel Picave. (“Daniel Picave”, “the organisation”, “we”, “us”) of 65 Linton Heath, Linton, Derbyshire, DE12 6PD. Email: email@example.com
These general terms and conditions apply to the work of Daniel Picave as a freelance writer and commissioned author. In the absence of any other contract between us, these terms will apply. Any contract between us supersedes the terms below.
These terms and conditions are designed to establish a reliable, straightforward, and understandable business relationship between the organisation and the client. This document sets out the terms and conditions for providing professional freelance writing services (“writing services”) or commissioned authoring services (“authoring”).
The Work, Project or Agreement
The organisation agrees to provide services to the client to the scope, quality, deadline and fees as outlined between them in writing via email or in a formal contract.
The services will be agreed and detailed to be either writing services or authoring.
Scope of Work
Using a written exchange between the organisation and the client, the scope of works will be agreed to include the scope of the written piece(s) required, the submission deadline(s), the specific nature of services provided and the schedule of fees. If the scope or other aspects of the work change beyond what was originally agreed between the organisation and the client, services and fees may be renegotiated to take into account these changes.
Invoicing, Deposits and Payments
• All invoices will be raised and sent to the client from Smithson Solutions t/a Daniel Picave.
• The organisation will require a deposit prior to starting any work. This deposit will be 33% of the expected final amount. Payment of the deposit is required by the client before starting on any work.
• Payment can be made by bank account transfer (preferred), debit card or credit card.
• Payment of the balance of the remaining fees by the client is due upon completion of the work.
What Is Not Included
Anything not specifically detailed with the Scope of Works agreement is not included. Any reasonable requests for additional work will be considered. Any requests for changes must be made by the client in writing. Any change to the scope of the work after acceptance by Daniel Picave may be subject to additional fees. Should such changes negate any part of the work already completed at the time of the changes, the client accepts responsibility for payment for any work completed to date.
The Obligations of Daniel Picave, The Organisation
The organisation agrees to:
Carry out work to the scope, quality, deadline and fees detailed in the Scope of Works and as agreed via other written communications.
Provide original, high-quality writing as requested by the client.
Follow any special instructions provided by the client and agreed by the organisation.
Treat the client with professionalism, courtesy, honesty, and integrity.
Respond to any communications within a reasonable timescale, normally no more than 24 hours.
The Obligations of The Client
The client agrees to:
Provide supporting information, topics, guidance, article ideas, and other material as requested by the organisation to allow for creation of the work.
Provide a detailed scope of work detailing such matters as word count, deadlines, and other relevant information about the requested work.
Answer any questions asked by the organisation within 24 hours.
Provide prompt feedback on outlines, work, articles, and other content as requested by the organisation.
Promptly pay the deposit and fees as stated and invoiced by Daniel Picave.
Point of Contact
The organisation can be reached via email at: firstname.lastname@example.org
Cancellation of the Work
If the work is cancelled by the client, the client will be liable to pay any fees in full for the creation and production of the work to date. Any cancellations must be made in writing and provide as much notice as possible.
If the work is cancelled by the organisation, the client is entitled to receive a full refund of any deposit or fees paid.
Copyright & Intellectual Property (Writing Services)
The copyright to any work created by Daniel Picave under the writing services product remains with the organisation until any outstanding balance of fees is settled in full. Once settlement has been made the ownership of the copyright and any related rights pass to the client. At that point, the client takes full ownership of the writing and may make any changes and publish the document freely without prior recourse to Daniel Picave.
Copyright & Intellectual Property (Authoring Services)
The copyright and intellectual property to any work created by Daniel Picave under the authoring services products remains with the organisation in perpetuity.
All rights are reserved. No part of the work or publication may be reproduced in any material form (including photocopying or storing in any medium by electronic means) without the written permission of Daniel Picave.
Daniel Picave asserts his rights as set out in the Copyright Designs and Patents Act 1988 to be identified as the author of the works wherever it is published commercially and whenever any adaptation of the work is published or produced including any sound recordings or films made of or based upon the work.
Any documents that the client provides to the organisation that are not intended to be included in the final work will be kept confidential. Any work created by the organisation that is not intended to be published or distributed publicly via a website, social media, or some other means will be kept confidential, and not shared with anyone outside Daniel Picave. Any NDA agreement provided by the client and signed by Daniel Picave supersedes this clause.
The organisation may link to publicly distributed or published work from Daniel Picave’s website, portfolio, social media accounts or other areas, unless requested not to by the client. Any such requests will be honoured.
Upon completion of the work to the client’s satisfaction, and payment of any remaining fees, any contract will be considered fulfilled.
The client agrees to hold Daniel Picave, the organisation, harmless for any such damages that may arise from the completed work. In no event shall the organisation be liable for any direct, indirect, punitive, incidental, special consequential damages howsoever arising out of or connected with the use or misuse of the work product. The organisation assumes no responsibility for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever (including without limitation, those resulting from the work product or from: (1) user or client reliance on the materials or documents produced (2) costs of replacement writings, training, or documents (3) loss of use, data, or profits (4) delays or business interruptions, (5) and any theory of liability, arising out of or in connection with the use or performance of the organisation’s work whether or not the organisation has been advised of the possibility of such damages.
This contract is governed by the law of England & Wales whose courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings or legal claim of any nature relating to the service provided or the contract.