Terms & Conditions

1.1 The Client will give The Copywriting Shop ('The Copywriting Shop') a clear brief and ensure that the facts given about the Client's products and services are accurate and in no way misleading.

1.2 The Copywriting Shop will cooperate fully with the Client and the Client will make available to The Copywriting Shop all relevant information.

2 Services
2.1 The Copywriting Shop will provide copywriting or other related services to the Client as specified in the detailed estimate and any subsequent written agreements.

2.2 The Copywriting Shop staff will liaise with the Client on a regular basis to ensure that it executes the services referred to in this clause in a competent and professional manner.

3 Approvals and Authority
3.1 Where appropriate, after obtaining the Client's general approval, The Copywriting Shop will submit to the Client for specific approval:

3.1.1 Copy drafts and/or scripts

3.1.2 Estimates of costs

3.2.1 The Client's written approval of copy will be The Copywriting Shop's authority to purchase materials/order services as agreed in writing.

3.2.2 The client’s written approval at draft, pre-final and final stages are binding. Any additional copy alterations requested after these pre-determined phases shall be deemed chargeable at the hourly rate (or part thereof)

3.3 The Client may request The Copywriting Shop to change, reject, cancel or stop, any and all plans, schedules or work in progress and The Copywriting Shop will take all possible steps to comply, provided that it can do so within its contractual obligations with any third parties and in the event of any cancellation or amendment the Client agrees to reimburse The Copywriting Shop for any charges or expenses to which The Copywriting Shop are committed and also to pay The Copywriting Shop's fees covering these items.

4 Charges
4.1.1 Quotations are based on the current costs and are subject to amendment by The Copywriting Shop or at any time after acceptance to meet any rise in such costs.

4.1.2 The Copywriting Shop are entitled to make a charge for physical delivery of items if this is required by the client.

4.2.1 All work carried out whether experimentally or otherwise at the Client's request will entitle The Copywriting Shop to make a charge in accordance with these terms and conditions unless specifically agreed to prior to project commencement.

4.3 Except where otherwise specified in the Conditions The Copywriting Shop's agreed fees for Annual Contracts services are payable monthly in advance.

4.3.1 Except where otherwise specified in the Conditions all monies payable to The Copywriting Shop by the customer are payable upon receipt of invoice.

4.3.2 The Client will reimburse The Copywriting Shop in respect of any monies expended by The Copywriting Shop in fulfilling its obligations to the Client.

4.3.3 The Client agrees to pay by return any interim invoices in respect of advance or installment payments required to be made to suppliers.

4.3.4 Any special or additional work or projects which are extra to the agreed programme will be costed and upon approval by the Client of such costings will be invoiced in advance.

4.3.5 The Copywriting Shop may request that it is reimbursed immediately by the Client whenever advance payments or financial commitments in excess of £500 previously authorised by the Client are required to be made on the Client's behalf.

4.3.6 In the case where The Copywriting Shop have agreed at the request of the Client to expedite the provision of services and/or the provision of goods and /or other items the Client agrees to pay The Copywriting Shop a surcharge of 10% of The Copywriting Shop's fees otherwise chargeable.

4.4 Upon termination of this agreement for any reason whether by notice or otherwise the client will remain liable to pay The Copywriting Shop all monies due to The Copywriting Shop under the terms of any agreement between The Copywriting Shop and the Client.

4.5 Invoices not subject to dispute which are not paid by return shall be subject to an interest charge from time to time at the rate of 1.5% for each month or part of a month that the invoice remains outstanding over and above bank base rate.

5 Copyright, Intellectual Property and Other Right
5.1 The copyright on all written copy and other work created by The Copywriting Shop for the Client and all intellectual property such as know how designs and all that created by The Copywriting Shop for the Client shall vest initially in The Copywriting Shop.

5.2 Upon payment by the Client of all monies due to The Copywriting Shop from the Client, The Copywriting Shop will assign such copyright and intellectual property to the Client and The Copywriting Shop shall execute any document properly required to vest any such property legally in the Client.

5.3 The Copywriting Shop will retain the copyright and intellectual property in any unused plans and ideas prepared by it and which shall not be used by the Client regardless whether or not the physical embodiment of any such work is in the possession of the Client in the form of copy, electronic designs/artwork or other files.

5.4.1 All sums payable hereunder shall be paid in full without any deductions whatsoever.

5.4.2 All sums payable hereunder are exclusive of Value Added Tax which insofar as applicable shall be paid by the Client at the rate in force on receipt of The Copywriting Shop's invoices.

6 Material
6.1 The Copywriting Shop shall be entitled to destroy all material left with it by the Client after twelve months or after giving one month's notice to the client at such earlier time as The Copywriting Shop think reasonable.

6.2 All material or other property supplied by the Client to The Copywriting Shop will remain at all times the sole and entire risk of the Client and The Copywriting Shop shall not be under any liability for it.

7 Outside Assistance
7.1 Where The Copywriting Shop considers that it is necessary to use the services of a third party for any reason whatever it may do so at its own discretion and without first obtaining the consent of the Client.

8 Liability and Other Claims
8.1 Where the Client has ordered a quantity of items (i.e., printed material) The Copywriting Shop will use its best endeavours to deliver the correct quantity but the Client agrees that The Copywriting Shop will be allowed an error margin of 5% for work in one colour only and 10% for other work so that in the case of short delivery The Copywriting Shop will be entitled to its full charges subject only to a deduction in respect of the percentage of items undelivered and in case of over delivery The Copywriting Shop will be entitled to charge an additional fee being the same percentage of the agreed fee as the percentage of items over delivered as of the items ordered.

8.2 None of the obligations of The Copywriting Shop under this agreement shall be treated as conditions but shall be treated as a warranty only and no breaches of The Copywriting Shop's obligations under this agreement of whatever nature and whatever number shall entitle the Client to repudiate this agreement.

8.3 The Client will indemnify and keep indemnified The Copywriting Shop from and against any legal proceedings claims damages losses expenses or liabilities which The Copywriting Shop may incur or sustain as a direct or indirect result of or in connection with any information representation reports data materials supplied prepared or authorised by the Client, particularly in relation to proceedings under the Trade Descriptions Act 1988. Such material to include press releases articles copy scripts artwork and detailed plans or programmes.

8.4 The Copywriting Shop shall not be liable either in contract or tort for any loss suffered by the Client either directly or indirectly by reason of any failure of The Copywriting Shop to comply with its obligations.

8.5 The Copywriting Shop shall not be liable for any delay in or omission of publication or transmission or any error in any work carried out for the Client unless the Client has given written notice of its complaint to The Copywriting Shop within 7 days of the matter of complaint arising.

8.6 The various provisions of these terms and conditions are severable and if any provision is held to be unenforceable or invalid by a Court of competent jurisdiction then such invalidity of unenforceability will not affect the remaining provisions.

8.7.1 The written certificate by The Copywriting Shop that it has performed any services on behalf of or supplied any items to the Client shall be evidence that such services have been performed and such goods have been supplied unless the contrary be proved.

8.7.2 The Client shall not be entitled to raise any dispute whatsoever in respect of an invoice submitted to the Client by The Copywriting Shop including without prejudice the generality of this Condition the amount of such invoice unless the Client has given notice in writing to The Copywriting Shop within fourteen days of the date of such invoice.

8.7.3 Any complaints about short deliveries of items and about the quality of items delivered must be made by the Client to The Copywriting Shop in writing within seven days of receipt of the items.

8.7.4 Unless there is specific fault with the copy supplied (invoke 8.7.2, 8.7.3), full payment is due irrespective of whether the client chooses to use the copy commercially or not.

8.8.1 The Copywriting Shop abide by the rulings of the Advertising Standards Authority by the British Code of Advertising Practice the British Code of Sales Promotion practice the IBA Code of Advertising Standards and Practice for Radio and Television and other Codes of Advertising Standards laid down voluntarily with the advertising industry to ensure that all advertising created by The Copywriting Shop is legal decent honest and truthful.

8.8.2 In order to satisfy the requirements of the Codes referred to in the preceding sub-paragraph or any other statutory requirements the Client agrees to supply to The Copywriting Shop immediately objective factual evidence if so required in support of any product claims the Client wishes The Copywriting Shop to make.

8.8.3 The Client agrees to inform The Copywriting Shop without delay if the Client considers that any claim or trade description in an advertisement prepared by The Copywriting Shop is false or misleading in relation to the Client's product or service.

9 Terms
9.1 The agreement contained in the schedule hereto contains all the terms agreed between The Copywriting Shop and the Client and shall not be varied by any prior representations made by or on behalf of The Copywriting Shop to the Client or by any terms and conditions sought to be imposed by the Client to regulate the terms of its agreement with The Copywriting Shop.

9.2 These terms may not be altered waived or terminated except in writing and signed by a principal of The Copywriting Shop.

10 Confidential Information
10.1 The Copywriting Shop will use its best endeavours not to disclose either during or after its terms of appointment by the Client any confidential information resulting from the studies or surveys or investigation commissioned and paid for by the Client but the Client in turn acknowledges The Copywriting Shop's right to use as it sees fit any general intelligence regarding products or services which it has gained in the course of its appointment.

11 Notices
11.1 Notices and other communications shall be validly given or sent by prepaid recorded delivery post or left at the address of The Copywriting Shop or the Client as the case may be specified in the schedule to this agreement or such other address as may have been notified to the party serving the notice by the other party in writing and acknowledged by the party in receipt of the notice in writing and all notices shall be deemed to have been received within two days of despatch.

12 Relevant Law
12.1 This agreement shall be construed in accordance with English Law and at all times be subject to the jurisdiction of the Courts of England and Wales.