Terms and Conditions

  1. Definitions
    1. In this Agreement:
      1. the “ESC”, “I” and “me” refers to Kate Llewellyn, Editorial Services Consultant for The Content Consultancy
      2. The “Client” or “you” shall be any person, or company who enters into a contract with the ESC.
      3. “Business day” shall be a day other a Saturday, Sunday or public holiday in England.
      4. The ESC’s commitment to undertake work will be subject to the Terms and Conditions set out below.
  1. Getting started
    1. By agreeing to the ESC to edit or write copy for you, you accept you have seen and read the Terms and Conditions outlined and agree to be bound by them.
    2. A contract and agreement of work is confirmed when the ESC receives a request by email or in writing from you stating clearly that you are commissioning the work and the request is acknowledged, either by email or in writing to you by the ESC.
  1. Quotes and pricing
    1. All work undertaken is charged at an hourly rate, which will be clearly stated in writing by the ESC.
    2. The ESC will happily provide an estimate of charges based on the information supplied by you at the start of a job, but the ESC reserves the right to amend this fee if your requirements change. Extensive revisions will be charged at a higher hourly rate.
    3. Any estimate of charges provided by the ESC shall not constitute an offer and acceptance of the work, and is only valid for a period of 10 business days from its date of issue.
  1. Client obligations
    1. The Client shall:
      1. co-operate with the ESC in all matters relating to the provision of copy for you;
      2. provide the ESC with such information as the ESC may reasonably require in order to supply the service and ensure that the information is accurate in all material respects; and
      3. obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the work is to start.
  1. Payment
    1. Upon completion and receipt of the work, the ESC will issue an invoice. Payment is due within 30 days. Payment can be made via BACS or in cash.
    2. For bigger or ongoing long term projects, the ESC reserves the right to levy a 50% deposit and/or staged payments.
    3. The Client shall pay all amounts due in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law).
  1. Late payment
    1. If the Client fails to make any payment due to the ESC by the due date for payment, then the Client shall pay interest on the overdue amount at the rate of 8 per cent per annum above The Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount.
  1. Cancellation
    1. If the work is cancelled by the Client for any reason before copy is delivered, you will be charged at the standard hourly rate for the time spent on your project by the ESC.
  1. Rejection or non-acceptance of work
    1. There is no right to reject the ESC’s work based on style or interpretation. You commission and accept working with the ESC based on knowing her style and on previous examples of her work that can be sent to you.
    2. If you decide to reject or simply not use the work supplied by the ESC, a charge for the time spent, at the agreed hourly rate, will be charged.
  1. Copyright
    1. If you supply any draft copy, you confirm that the words are your own and that you are the copyright holder. If you supply third party material, you accept all responsibility for gaining appropriate permission and for any copyright issues arising from the publication of content produced by me that summarises, rephrases or otherwise refers to third-party sources at your request and as part of the agreed work. Further, you indemnify the ESC against any claim that the work breaches copyright.
    2. On completion of the agreed work and only after final payment is received, the ESC will happily agree that the Client has copyright over all written work to be used in the form for which it was intended.
    3. The ESC reserves the right to use a sample of the work and/or link to an online resource where the work is presented for promotional purposes.
    4. Any support materials shared with the Client whilst working together but created originally by the ESC remains the property and copyright of the ESC and you may not adapt or copy these.
  1. Content disclaimer
    1. The ESC shall make every reasonable effort to make sure any copy is free from spelling, grammatical and other mistakes, including omissions and inaccuracies. Any such errors that are missed but later identified will be corrected free of charge, without acceptance of liability. However, the final responsibility for any published material remains with the Client.
  1. Limitation of liability
    1. The ESC shall not be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the contract for:
      1. loss of profits;
      2. loss of sales or business;
      3. loss of agreements or contracts;
      4. loss of anticipated savings;
      5. loss of use or corruption of software, data or information; and
      6. loss of damage to goodwill.
    2. The ESC does not accept any responsibility for, and shall not be liable for, any indirect or consequential loss of work or for any costs incurred by the Client as a result of the copy being supplied, used and published.
  1. Variations
    1. These terms and conditions shall not be varied, except by mutual consent between you and the ESC, in writing.
  1. Entire agreement
    1. These terms and conditions constitute the entire agreement between the ESC and the Client and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to the provision of services by the ESC.
    2. The ESC and the Client agree that they shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions. The ESC and the Client agree that they shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms and conditions.
  1. Governing law and jurisdiction
    1. These terms and conditions, and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the law of England and Wales.
    2. The ESC and the Client irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions or the subject matter of them.