General terms & conditions of alunea
The terms and conditions outlined below are defined in accordance with the laws of the Netherlands (Burgerlijk Wetboek) and intended to provide clarification in the unlikely event of a dispute. If you hire me – as Alunea – to write for you, you confirm that you have read my terms and conditions and that you agree to them. All terms and conditions stated here apply to all services provided by Alunea, unless otherwise agreed in writing. Applicability of your general terms and conditions – by whatever name – to agreements concluded with Alunea is therefore expressly rejected.
Last updated June 2020.
Before commencing work on your project, I will supply in writing a full breakdown of my fees per service within a formal quote or detailed email, as well as a proposed timeline for your project. The quote is valid for 30 days from the moment your receive it. All quotes are drafted based on my understanding of your project after our initial introduction phone call, and assume that the scope of the project and amount of work expected will not change during the course of the job. In the event that it does, I will send you, in writing, a new quote for any potential extra costs, in advance of carrying out the work to which the new charges relate.
2. Hiring me: confirmation and contract.
Once you have received my quote and before moving forward, I require your written confirmation that you are commissioning me to write for you, and that you agree to the quoted fee and proposed timeline. You can do so with an email – don’t forget to sign it with your name!
If you are hiring me to work for you on behalf of any organisation, company or group of individuals other than yourself alone, you confirm that you are authorised to hire me on their behalf. If you hire me on behalf of a marketing agency to work for the agency on a project for one of your clients, a contract will exist only between me and the agency, and not between me and the agency’s client.
The written confirmation you send me serves as official contract for the entire duration of our collaboration.
3. Fees and expenses.
I prefer to charge a fixed fee on a per project basis, covering my services from start to finish. In the case of a fixed price, my fee includes:
– Any time spent in meetings, on the phone or on email conversations to discuss the brief.
– Research, planning and writing of the Brand Messaging Strategy Guide.
– Writing the copy in the agreed upon language.
– Submission of the first draft, assessment of the first draft and integration of up to two sets of revisions (see the item ‘Revisions’ below).
– Submission of the final draft.
You will not be charged for any minor, out-of-pocket expenses required to complete this project – including phone calls or commute to meetings. In the unlikely event that a chargeable expense becomes necessary, you will be notified in advance for approval.
Should revisions to my copy be necessary, I will complete them promptly and at no additional charge. This is provided that such revisions are assigned within 30 days of your receipt of the first draft of my copy, and are not based on a fundamental change in the project that is beyond my control (i.e. new target audience, bigger website, new language of copy, etc.).
Free revisions cover the first and second set of proofs. Once the final draft is submitted, further amendments will incur a new fee – I will, of course, always discuss this with you, the client, before any extra work is carried out and any extra fee is charged.
Complete rewrites due to a change in direction at the client’s end are considered to be additional drafts rather than revisions, and will be charged accordingly. A new quote will be submitted before commencing this new work.
5. Research and Brand Messaging Strategy Guide.
All of my copy is data-driven and based on extensive research. When hiring me, you understand that I will conduct my research to the extent that is possible, depending on the level of access you give me to your Google Analytics account and other company data. You are not at any point or in any way obliged to provide me with such access, but you then agree that the amount of research I can do for your project will be limited, and that the quality of my copy might be impacted. I hereby confirm that all business information and data which you make available to me for the purpose of the project, will be kept confidential and undisclosed to third parties.
The results of all the research I conduct within the scope of your project are summarized on a digital document I designed, which comes with your first draft of copy and is included in your project fee: the Brand Messaging Strategy Guide. You agree that the length of the Brand Messaging Strategy Guide will vary depending on the scope of the project. This document is unique and for your benefit only, and will not be copied, disclosed or published unless you expressly authorise me to do so.
6. Errors, omissions and liability.
I will of course make every effort to ensure that my copy is free of errors and omissions – including errors in spelling and content – but I cannot warrant this. I would request that you review the copy thoroughly before committing the project to production, as the ultimate responsibility for the content rests with the client.
You shall hold me harmless against any liability anywhere in the world, including liability arising from copyright infringement and libel, that results in any way from your use of my copywriting services and counsel on your project. You agree to indemnify me against any claim for compensation or damages brought about as a direct or indirect consequence of the work I do for you and/or your organisation.
It is the sole responsibility of the client to ensure that all statements, claims, promises, information on a given product or service, and guarantees present in the content I provided are upheld in accordance with Dutch law. No claim for compensation or refund due to loss of earnings or any other detrimental effect to your business can be made against me.
7. Non-disclosure and confidentiality agreements.
Whilst I am happy to sign whatever confidentiality or non-disclosure agreements you or your organisation deem necessary, you agree to indemnify me against any legal action whatsoever by you or a third party, associated with the accidental disclosure, theft or loss of this information.
The copyright for any creative concepts and copy I develop for you shall be fully transferred to you upon full payment of the applicable invoice. I will not claim ownership of the content but might wish to publish it, with clear attribution to you (see the item ‘Showcasing your project’ below).
9. Showcasing your project.
At the end of our collaboration, I may ask you for authorisation to keep a copy of the finished project for my own records and to use in my portfolio, online and offline. I reserve the right to use selected extracts of my work for self-promotion or advertising purposes, unless specifically forbidden to do so by a confidentiality or non-disclosure agreement.
If, as part of your brief to me, you include materials written by someone else, I will make every effort to ensure that I do not inadvertently breach their copyright. However, you confirm that you are authorised to send me the material for my use either as reference material or to form part of a new piece of work, and you indemnify me against any action arising, directly or indirectly, as a result of use of this content.
10. Terms of payment.
Jobs up to the value of 400€ (excl. VAT) require prepayment in full, payable upon invoice at the very beginning of the project. I will not start the work until payment is received.
Jobs from the value of 400€ (excl. VAT) and above require a 50% deposit, payable upon invoice after the kick off meeting. The balance payment is to be made within 14 days upon submission of the final draft of copy and the accompanying invoice. If payment is not made in full within 14 days of receipt of the invoice, you will receive a payment reminder and may face a late payment charge (10% of the outstanding amount). Further failure to make payment will result in legal proceedings.
I currently only accept direct bank transfer as a payment method. I do not give credit and the fees indicated on my quotes and invoices are final and non-negotiable. Any applicable discounts and taxes will be stated on the relevant invoice and taken into account in the final payable fee.
11. Cancellation of a project.
Once I have accepted to take on your project and have provided you with a quote, I am committed to see it through. However, the project can be cancelled by you, the client, at no charge, up until the point of paying a deposit or prepayment. Once a deposit has been paid, it cannot be refunded. Paying a deposit or prepayment is viewed as a clear instruction for me to proceed with the project without delay.
12. Your satisfaction.
It is extremely important to me that you are happy and satisfied with my work. I want your project to run as smoothly as possible, and you to feel like you’ve chosen the right copywriter for the job. Most of the time, this will be the case. But as you know, writing is a complex art and an inexact science; it opens doors to subjective judgment and assessment; misunderstandings can happen.
I will strive to keep our communication as transparent as can be, and to give you sufficient opportunities for feedback throughout the project. If you have given me what we both agree to be proper opportunity to address your concerns – based on a reasonable and collaborative working relationship – and you still consider that the work that I have submitted does not meet your brief, the contract between us can be cancelled. The only notice that is required by either party to put an end to the project is an email or letter giving an ‘instruction to cease work’. This is entirely without prejudice, and no liability or admission of failure or inability to complete the contract on my part is implied.
Any work that has been created up until that point will be paid for by the client, whether approved or not. After costs for the work already done have been deducted, any remaining balance already paid will be reimbursed back to the client. The client owns the work that has been created and submitted, providing it has been paid for.