Terms and conditions

S I M M O N S
1.QUOTES AND PROPOSALS

  1. PAYMENT
  2. FACE-TO-FACE MEETINGS
    These projct terms and conditions are part of the
    contract you enter into when you engage work with
    me. Please read through very carefully, and get in
    touch if you have any questions.
    1.1. All quotes and proposals are valid for 30
    days from submission date.
    1.2. All quotes include:
    1.2.1. Two rounds of revisions at no extra
    charge.
    1.2.2. One round of proofreading at no extra
    charge.
    1.2.3. Additional fees, at an hourly rate of $90
    will be charged for any additional revisions or
    proofreading outside of the proposal scope.
    1.3. You have maximum of 14 days from
    submission of first draft to respond with
    revisions.
    1.4. Additional fees, at an hourly rate of $100,
    will be charged for any additional revisions or
    proofreading supplied after the 14-day revision
    period.
    1.5. This quote does not include (unless
    specifically stated):
    1.5.1. Liaison with other agents such as
    graphic designers or web developers.
    1.5.2. Meetings outside of the initial creative
    brief.
    1.5.3. Travel time for onsite meetings.
    3.1. The final invoice will be issued 14 days
    after we send the first full draft to you or when
    final sign off is given (whichever occurs first).
    3.2. Payment terms are 10 days from the date on
    your invoice.
    3.3. We reserve the right to charge you interest
    on overdue accounts at a rate of 10% for the first
    21 days overdue and 20% thereafter.
    3.4. If we engage a third party organisation to
    recover your debt, you are responsible for paying
    the additional costs involved, including any legal
    expenses.
    3.5. You can pay via bank transfer (preferred) or
    PayPal.
    3.6. PayPal payments incur a 2.5% surcharge or
    3.5% for payments from overseas.
    3.7. If your project is urgent and requires a firstdraft turnaround of less than two working days, a
    rush
    loading of 25% will apply.
    3.8. Any costs additional to the Services ordered
    (including couriers, other media and travel costs)
    are in addition to the amount quoted, and will be
    charged to you as required. These costs will be
    itemised separately in the
    invoice.
    2.1. A non-refundable deposit of 50%
    of the total amount quoted is required on
    approval of quote before work can
    begin.
    2.2. Where the amount is less than $250,
    the full amount is required on approval of quote
    before work can begin.
    2.3. The deposit invoice must be paid before any
    project work can begin.
    4.1. Additional face-to-face (or phone) meetings
    can be added to the project at your request.
    4.2. Face-to-face meetings will be charged at our
    hourly rate of $100, and will include any
    necessary travel time.
    4.3. Meetings must be cancelled at least 24 hours
    beforehand, or the full charge of the meeting will
    be added to your final invoice.
  3. CHANGES IN SCOPE
    5.1. Any modifications to the original project brief
    during the course of execution will render the
    provided quotation invalid.
    5.2. Additional fees/charges may be applied to cover
    the time and expenses required to complete any new
    work.
    5.3 The new quote will need to be approved, and the
    revised deposit paid, before work can restart.
    TERMS AND CONDITIONS CONTINUED
  4. TIMEFRAMES
    6.1. We endeavour to deliver all work by the
    agreed deadline. However, circumstances
    beyond our control – including major illness or
    family emergencies – may prevent us from
    getting work to you on time.
    6.2. We will inform you within two business
    days if there are any time-frame issues.
    6.3. Unless otherwise agreed, you will provide
    information and amends to use
    within seven days.
    6.4. If we are unable to complete work
    because we have not received
    information from you, we will continue the
    project at our next opportunity. This may affect
    your overall timeline.
    Journalist, word nerd, editor, copywriter
    Z O E S I M M O N S
  5. TERMINATION
  6. COMMUNICATION
  7. CONFIDENTIALITY
  8. RISK
  9. COPYRIGHT
    7.1. You are asked to nominate one primary
    contact for all revisions and contact
    throughout the project.
    7.2. f you do not communicate with us for 30
    days, the project will be deemed closed and
    any final amount owing will be billed.
    8.1. If we have signed a separate confidentiality
    agreement or Non-Disclosure
    Agreement with you, that agreement takes
    precedence.
    8.2. We will not disclose any information that
    you indicate is confidential.
  10. 3. You agree not to disclose any information
    about our pricing structure or
    project documents.
    8.4. We reserve the right to use your projects for
    our own promotional use unless we have signed
    a Non-Disclosure Agreement precluding this.
    8.5. We may approach you for a testimonial after
    the project is completed to your satisfaction,
    although provision of the testimonial is not
    obligatory.
    8.6. We reserve the right to refer to this project
    and your business name, and to use your logo
    and content for promotional or
    educational purposes.
    9.1. You may terminate the job at any time via email.
    9.2. If you terminate the job, we will invoice for the
    total stage in progress at the minimum estimated fee.
    9.3. We may terminate the job at any time via email.
    9.4. If we terminate the job, we will invoice for the
    total stage in progress at the minimum estimated fee.
    10.1. We are not responsible for any
    delivery delay if the delay or failure to supply is caused
    by matters beyond
    reasonable control including, without limitation:
    o Acts of God
    o Power failure
    o Equipment ailure
    11.1. You gain full copyright and intellectual property
    rights for any work delivered by us when you complete
    the final payment.
    11.2. Until final payment is received, we retain
    the intellectual property rights for all work delivered.
  11. CLAIMS AND LIABILITIES
    12.1. We endeavour to ensure our work doesn’t
    infringe on any copyright or other right of a third
    party.
    12.2. We are not liable in any way for any direct,
    indirect, incidental, special or consequential losses
    or damages resulting from use of services
    including but not limited to: loss of data and other
    intangibles; costs or damages resulting from or
    related to any services purchased or obtained, or
    resulting from unauthorised access to, or alteration
    of your transmissions or data.
    12.3. You agree to indemnify and to hold us
    harmless against any and all claims, costs, and
    expenses, including solicitors’ fees, due to materials
    included in any work undertaken at your request.
    12.4. All materials provided by you are assumed to
    be legal and accurate.
    12.5. You are responsible for checking the
    factual accuracy of the content for this project.
    12.6. We work hard to ensure our work is
    free from errors, but we don’t offer an error-free
    guarantee. You are responsible for final approval.
    TERMS AND CONDITIONS CONDINUED
  12. CLAIMS AND LIABILITIES
    CONTINUED
    12.7. We take no responsibility for the material
    and how it is used once you have approved the
    final draft.
    12.8. f you wish to make a claim about
    incorrect performance or breach of these
    Terms and Conditions, you must send it in
    writing to us within six months of delivery.
    12.9. Any imposed liability shall be
    limited to resupply of information or services.
    Journalist, word nerd, editor, copywriter
    Z O E S I M M O N S
  13. ENTIRE AGREEMENT
    These Terms and Conditions constitute the
    entire agreement and understanding of the
    parties, and supersede any previous
    agreement between the parties. A waiver of a
    breach of any of the provisions of this
    Agreement shall not be construed as a
    continuing waiver of other breaches of the
    same or other provisions.
    These Terms and Conditions shall be
    governed by Australian law, and the parties
    hereby agree to submit themselves to the
    exclusive jurisdiction of Australian Courts.