"The small print ...."
The estimate and any subsequent contract entered into will be subject exclusively to the Terms & Conditions as set out below. If you accept our estimate and commission Lilac Gecko PR you are agreeing to the Terms and Conditions as set out below. 1. Copyright (a) Unless we have agreed otherwise, the entire copyright of the words and/or phrases created for you is retained by Lilac Gecko PR at all times throughout the world. See: hhttp://www.ipo.gov.uk/types/copy/c-ownership/c-commissioned (b) Lilac Gecko PR supplies the creative and artistic ability to illustrate the idea or entity with words and/or phrases, and sells the right to reproduce those words and/or phrases in a given context. No property or copyright in any words or phrases shall pass to the Client whether on their submission, or on Lilac Gecko PR’s grant of reproduction rights in respect thereof. (c) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied. 2. Use (a) We grant you permission to use our words for free only after all invoices and payments have been satisfied and only in the context in which they have been written. You do have permission however to use them for other publications for which they were originally written as long as they are kept in the correct context. (b) Reproduction rights granted are personal to you and may not be assigned, nor may any words we give to you be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights. 3. Client Confidentiality & References (a) Lilac Gecko PR will keep confidential and will not disclose to any third parties or make use of material or information communicated to us in confidence for the purposes of the commission save as may be reasonably necessary to enable Lilac Gecko PR to carry out their obligation in relation to the commission. (b) Lilac Gecko will provide details of two referees who are previous or current clients upon request. 4. Indemnity (a) While Lilac Gecko PR takes all reasonable care in the performance of this agreement generally, we shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any words or phrases created. (b) The Client agrees to indemnify Lilac Gecko PR in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any words and/or phrases supplied to the Client by Lilac Gecko PR. (c) It is the Client who must satisfy themselves that all necessary rights and/or consents which may be required for reproduction, are obtained and it is acknowledged that Lilac Gecko PR gives no warranty or undertaking that any such rights and/or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright words and/or phrases. In the event that the words and/or phrases issued or reproduced by or with the authority of the Client then the Client shall indemnify Lilac Gecko PR against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained. 5. Process & Timescale (a) Lilac Gecko PR will produce an estimate of charges to deliver copy to your requirements based on the information you have supplied. We reserve the right to amend this fee if the job takes longer than anticipated, or if the Clients requirements change. (b) Lilac Gecko PR will produce a first draft in the timescale agreed. We will expect amendments/revisions on a first draft within 5 working days of you receiving the first draft from us. (c) Lilac Gecko PR will write and supply up to four (4) drafts in total within the initial estimate of charges. (d) We may negotiate a longer time length, but if after thirty (30) days following the delivery of the first draft, subsequent amendments have not reached the fourth or final draft, we reserve the right to charge you 75% of the total cost of the job. (e) If after sixty (60) days following delivery of the first draft, subsequent amendments have not reached the fourth or final draft we reserve the right to charge you 100% of the total cost of the job, less any amount already paid under 5(d). (f) Subsequent amendments after either a) the fourth or final draft is delivered; or b) sixty (60) days from the date of the first draft delivery has passed, whichever is the sooner, will be charged at £40.00 per hour. 6. Payment (a) Our payment terms are BY RETURN from date of invoice either by cheque made payable to “Miss Vanessa Burrows” or by automated credit transfer (BACS). If the payment terms cause issue, you must contact us immediately and we can negotiate payment terms if applicable. Our BACS details will be stated on your invoice. Proof of postage of cheques is not accepted by us as proof of receipt. (b) We understand and may exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment of commercial debts act if we are not paid according to agreed credit terms. (c) If payment is not made in accordance with the terms & conditions above then we may rescind this Agreement and recover damages or, at our option, may exercise our statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998. (d) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due with immediate effect, even if it is less than 30 days from the issue date and that Lilac Gecko PR may consider these invoices as overdue when pursuing legal action for the recovery of said debts. (e) Lilac Gecko PR reserves the right to suspend ongoing services and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects i.e. your designer, PR agency, marketing company, partners, stakeholders etc. 7. Rejection (a) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition, editing or our interpretation of your needs, amendments or circumstances. You are commissioning Lilac Gecko PR based on our style/or examples shown of previous work. Copywriting is joint effort between the Client and the copywriter therefore if you ask us to write a first draft and then decide you don’t want to use us without continuing to further draft stages or decide that at any stage that you want to finish the work yourself or by using another agency we will charge you the full cost (100%) of our estimate and payment terms noted in paragraph 6(a) apply. 8. Applicable Law (a) This agreement is governed by the laws of England and Wales. 9. Variation (a) These Terms & Conditions shall not be varied except by agreement in writing.