MediaMinister’s terms & conditions of business


“The web copy was GREAT — you did an excellent job … you have a way with words which captured my attention from the offset.”

All projects we undertake are subject to the following terms and conditions. If you have any queries or concerns regarding them, please discuss them with us before you commission us. Otherwise, in contracting us to write for you, you acknowledge that you have read these terms and conditions (Ts & Cs) and agree to be bound by them. We reserve the right to change these Ts & Cs from time to time, without prior notice, except where a commission has been accepted prior to the change.

Quotations, proposals & acceptance

We quote a fee based on the information made available regarding the scope and scale of a project. Both quotations and proposals are valid for 30 days from date of issue. Fees as a rule include all include all necessary consultation and research as well as one set of reasonable revisions (assigned within 10 working days from the date of issue of the initial draft copy), where necessary, beyond which we reserve the right to re-quote for additional work. Quotes for third party fees and costs, where applicable, are subject to a 15% margin of error. We reserve the right to amend our quotation should the work be altered by the Client after our initial agreement (eg, changing deadlines, adding information, changes to the project). Acceptance of the Client of a quotation/proposal shall be deemed to include acceptance of these terms set out herein and to form a contract between the Client and MediaMinister.

 

Electronic communication

Our service works primarily through electronic communication – by telephone or email. This allows us to minimise our carbon footprint, ensures everything is recorded for accuracy and that nothing is missed out, and saves the Client ‘briefing day’ costs, including travel expenses.

 

Payment & invoicing

All fees and invoices are free of VAT.

 

• Fees for projects over £500 are payable on a 50-50 basis (50% as a down payment in advance of work starting with the balance invoiced and payable upon delivery of the first draft).

• Those under £500 are billed 100% upfront.

• No exceptions. Sorry.  

 

MediaMinister reserves the right not to begin work on a project until pre-payment (as set out above) is paid.

The existence of an ‘end of following month’ payment practice in your company’s handling of accounts payable will in no way alter your obligation to make payment on the due date shown on MediaMinister’s invoice. If your company operates such a payment policy, please discuss this with us before commissioning us.

Payment may be made via:

• BACS or direct bank transfer

• Standing order

• Postal order

• Personal or business cheque in GBP sterling

• Credit or debit cards (subject to a 4.2% handling charge)

• PayPal or NoChex (please note: these payments may be subject to a 4.2% handling charge due to merchant fees).

 

For your security, all payment details are processed/stored by PayPal/NoChex. MediaMinister neither records nor has access to the full details of your payment.

 

If a bank returns the Client’s cheque or the Client’s postal order/bank transfer/standing order is refused, the Client will be held responsible for all bank charges and any attendant costs.

 

All invoices are to be paid within 7 working days from the date of the invoice. Any queries must be raised within four working days from the date of issue. In the event of late payment, MediaMinister reserves the right to claim statutory compensation and charge daily interest at 8% over and above the base rate set by the Bank of England (plus a reference rate of 0.5%, in addition to other actions including but not limited to the legal process) from the date payment was due until the date payment is received in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 (incorporating European directive 2000/35/EC). This is in line with the the UK Government’s Better Payment Practice Code.

 

Approval of work

The Client will have the opportunity to review each draft issued. MediaMinister must be notified in writing of any amendments or changes within 10 working days, after which it will be deemed that the last draft issued has been approved and therefore accepted.

 

Rejected work

In the event that you, or your Client, later decide not to use the text you commission me to write, there will be no waiver or reduction in my fee. MediaMinister’s invoice must still be settled in full in accordance with my standard terms and conditions.

If the Client unreasonably rejects the work (based on style of work or interpretation of the brief, for example) or requests substantial alterations, MediaMinister reserves the right to invoice the balance due (if not already paid for in full) and, if appropriate, re-estimate the fees and scope of the project. In such an event, copyright ownership for all material authored by us (including concepts) will remain with MediaMinister and the Client agrees not to use any of that material, in whole or in part. This is without prejudice and implies no liability or failure on the part of MediaMinister to complete the contract.

 

Copyright

All other creative concepts and copy will remain the Sole Intellectual Property of Tracey Dooley (trading under the name of MediaMinister) until completion of the project and final payment is received, whereupon ownership will be transferred to the Client. This essentially means I own all work and the copyright on it until paid for in full. Use of the material produced under this agreement is for the sole use of its intended media channel, as agreed, only. Its use in any other channel will require additional compensation. Additionally, until Copyright ownership has been passed to the Client under this agreement, any unauthorised copying, modification, reproduction, distribution or publication will constitute an infringement of the Copyright, Designs and Patents Act 1988 and may subject the Client to legal action. In all cases, MediaMinister reserves the right to use any work and/or selected extracts for marketing and promotional purposes, UNLESS the Client specifically declines (with the exception of work which is not in the public domain).

 

The Client agrees that MediaMinister, its servants or agents shall not be held liable for any breach of copyright on materials supplied by the Client or agent(s).

 

Non-disclosure & confidentiality  

When the Client submits personal information to MediaMinister, it will be treated with the strictest confidentiality. We do not sell, barter or in any way distribute the contact details of our clients. The contents of any document/s forwarded to MediaMinister will also be respected and kept confidential, and we undertake not to disclose any information provided to us in the course of the work unless it has entered the public domain or both parties are required by a court or tribunal to do so.

 

Termination/cancellation

Apart from work being rejected, as set out in the clause ‘Rejected work’ above, termination of a project for any other reason and at any stage will be invoiced to cover work already undertaken plus any expenses incurred, to a minimum of 25% of the project fee. Any balance will be refunded to the Client exclusive of any handling costs incurred.

 

Errors & omissions  

MediaMinister will do everything possible to supply the Client with copy that is free of spelling mistakes and other errors. However, we are unable to warrant this. It is the Client’s responsibility to check all work before final publication. The Client accepts responsibility for errors and literals and agrees to indemnify MediaMinister, its servants or agents against any costs incurred as a result of any errors appearing in the final published form of any material in which the Client uses the work.

 

Third parties

If the Client represents any other organisation or agency and commissions MediaMinister to do work for a third party, then a contract will exist between that third party and MediaMinister governed by these Terms. In such circumstances, the Client acknowledges MediaMinister’s right to conduct business with that third party without reference to the Client and that no compensation or commission of any kind will be deemed payable.

 

Indemnity

While MediaMinister makes every effort to bring questionable material to the attention of the Client, you agree to indemnify and save us harmless from any and all claims or demands, including legal fees, arising out of any alleged libel or copyright infringement committed by the third-party author or by you in creating the work. The Client takes full responsibility for determining the accuracy, legality and regulatory compliance of all statements in the copy before it is made public. The Client also assumes full responsibility for the release of any and all confidential matter to MediaMinister for the purpose of copywriting/editing your work. The Client will hold MediaMinister, its servants and agents harmless against any and all liability anywhere in the world. This includes liability arising from copyright infringement and libel that results in any way from the Client’s use of MediaMinister’s services and counsel on this project. If MediaMinister is named in any regulatory or legal action against the Client, then the Client will reimburse MediaMinister for all fees or any awards  assessed against us. We agree to work with the Client’s legal advisor to ensure the copy complies with applicable laws and regulations.

 

Variation

No variation of these Terms will be deemed be valid unless in agreed in advance in writing and signed by all parties.