These terms are applicable to every freelance commission and are based on guidelines for DMA (UK) members. Please read the terms before commissioning work: all projects will be undertaken on the basis of these terms having been read and agreed. If you need to discuss any points please contact Liz Holt.
1. Contracts: The client agrees to either send a purchase order or confirmation email to Liz Holt prior to work starting place: this shall constitute a contract. It should indicate the nature of the work to be undertaken, the budget and any deadline.
2. Creative brief: Best practice is to complete a detailed written Copy Brief. Liz Holt can provide an outline brief if needed. If the client chooses not to provide a written brief but relies instead on a verbal briefing, the client must accept that any verbal brief by its very nature may contain ambiguities which may be reflected in the resulting creative work: the client accepts responsibility for this ambiguity and for any additional costs incurred in rewriting the copy accordingly. If the client changes the brief after work has commenced, the client will inform Liz Holt as soon as possible and adjust the budget to reflect the increased time spent on a job. These points should be discussed during the agreement of costs for the work.
3. Services provided: Liz Holt will provide the client with the concepts and /or copywriting required in a professional manner, by the deadline agreed. Liz Holt will also deal with any third parties as requested by the client, in accordance with 1) above.
4. Terms of payment: Payment is due within 30 days of receipt of invoice. Normal terms are: 30% commissioning deposit; 30% following delivery of 1st draft copy; 40% following final approval of copy.
5. Late payments: In the event that payment is not received by Liz Holt on the due date, the client will be charged interest at the rate of 4% above the base rate of The Royal Bank of Scotland plc from the date the payment was due to the date payment is received.
6. The client shall only commission work if they know themselves to be financially secure and not about to enter liquidation or appoint a receiver or administrator.
7. Copyright: Copyright means all matters which are the subject of protection under the Copyright Designs and Patents Act 1988, as may be amended by subsequent legislation and includes all creative work prepared by Liz Holt for clients. The copyright and intellectual property rights for any work commissioned by any agency or client will be retained by Liz Holt, unless specifically requested to be assigned elsewhere for a fee.
8. Protection of Confidentiality: The client acknowledges and agrees that any identifiable or original idea or concept presented by Liz Holt shall be available only for such a promotion or campaign and shall not be used for any other purposes whatsoever without Liz Holt’s express prior agreement given in writing. Even where no promotion or campaign is agreed, the ideas and concepts presented to the client shall remain strictly confidential and shall not be used in any way, including communication to any third party, without Liz Holt’s express prior consent. Liz Holt acknowledges a duty not to disclose without the client’s permission during or after the term of appointment any confidential information resulting from studies or surveys commissioned and paid for by the client. The client, in turn, acknowledges Liz Holt’s right to use as she sees fit any general marketing or advertising intelligence in the field of the client’s product or service, which Liz Holt has gained in the course of her appointment. Such use is subject to the agreement of the client.
9. Liz Holt will not be liable to the client for any loss of profits, consequential, economic, or indirect loss arising in any way in connection with the performance (or non performance) of the obligations related to any commission.
10. The client will indemnify Liz Holt against any loss incurred as a result of civil claims or proceedings brought against Liz Holt based upon any advertising and other work prepared for the client and approved by the client before publication.
11. Advertising standards: Liz Holt complies with the British Codes of Advertising and Sales Promotion, administered by the ASA, and with the DMA (UK) Direct Marketing Codes of Practice and other codes of advertising standards laid down on a self-regulatory basis.
12. This agreement is subject to the Laws of Scotland, and the UK, and the parties agree to submit to the jurisdiction of the courts in respect of any dispute or difference arising under the agreement.