Terms and conditions
These general terms and conditions apply to any work undertaken by Daisy Editorial (as well as any specific terms agreed for each project). Clients are asked to agree these once at the start of our working relationship.
- These terms and conditions apply to any work done for the Client (“you”) by Daisy Editorial (“me/I”). Additional or alternative terms may be agreed between us on a project by project basis. The person who agrees the project with me will be deemed authorised to do so and authorised to accept these terms and conditions.
- This agreement is subject to the laws of the Isle of Man, and both you and me agree to submit to the jurisdiction of the Isle of Man courts.
- All documents sent to me by mail, courier or email will be sent at your own expense and risk.
- Under the terms of the Data Protection Act, you and I may keep on record such information (e.g. contact details) as is necessary. Either may view the other’s records to ensure that they are relevant, correct and up to date.
Nature of contract
- All work will be carried out on a freelance basis. You are under no obligation to offer me work; neither am I under any obligation to accept work offered by you. I will provide services as mutually agreed and confirmed in writing.
- The work will be carried out unsupervised at such times and places as determined by me, using my own equipment.
- I confirm that I am self-employed, am responsible for my own income tax and National Insurance contributions, am not registered for VAT and will not claim benefits granted to your employees (if applicable).
- I may request a representative sample of your work before giving an estimate of price.
- You will provide your full name and billing address at the outset and let me know if your details change.
- You will pay me a fee per hour OR per number of words OR per printed page OR an agreed flat fee for the job in pounds sterling. You will pay any additional bank or other charges in connection with transferring payment to me.
- You will reimburse me for reasonable normal expenses incurred in completing the project (such as copying/printing and postage) and any other reasonable necessary expenses if applicable (for example, travel should you require me to attend a meeting at your premises).
- I may request a part payment in advance of doing any work, particularly if you are a new client or are not based in the UK/ Isle of Man. If the project is lengthy, I may invoice periodically for completed stages.
- Unless agreed otherwise at the outset, you will make payment within 20 days of receipt of my invoice. I will add interest at 8% above the Isle of Man Bank base rate to any late payments for the period between the due date and the date of final payment. You will also be liable to pay any costs incurred by me connected directly or indirectly with the performance of the contract between us, including recovery of the costs of collection of unpaid invoices and court fees.
- You will provide as detailed a brief of the work required as you can and will be available to answer questions in sufficient time to meet the target date. Once I have given my professional assessment and we have agreed the work required you will accept that this fulfils the brief.
- I will aim to deliver the completed work on or before the target date agreed. I will let you know without delay if I cannot meet this deadline. Delivery of the project will be deemed to have been made at the time of personal delivery or dispatch to you by ordinary mail, courier service or fax. Electronic delivery will be deemed to have been made at the time I send the email(s) or upload the file(s).
- If upon my receipt of the full project item(s), or at an early stage, it becomes apparent that significantly more work is required than had been anticipated in the preliminary discussion/brief, I may renegotiate the brief, the fee and/or the deadline with you.
- Similarly, if during the project you request additional tasks, I may renegotiate the brief, the fee and/or the deadline.
- If we cannot agree on new terms then I may cancel the project or state what work I can complete within the original brief, fee or timescale.
- If, after agreeing a project that I have already started, you make major changes to your work, I may consider each such addition and/or change made to be a separate project and may invoice accordingly. You must let me know in writing as soon as possible about any changes proposed by you after the project has been agreed.
Confidentiality and copyright
- I will keep the nature and content of the work confidential unless you give me permission to do otherwise.
- I may use your name and feedback in my promotional material unless you ask me not to (for example, in my testimonials or portfolio).
- Any content created by me as part of the copy-editing/proofreading/design and layout process will become the copyright of you, unless otherwise agreed.
Liability and indemnity
- You are responsible for the accuracy and completeness of your work and all information given to me in order to complete the project. I will accept no liability for consequential loss, damage of whatever nature, or claims by third parties, if it should prove that the information provided to me was incorrect or incomplete, even if such information was provided in good faith.
- You will indemnify me against all claims by third parties due to an alleged infringement of any copyright, property, patent or other intellectual property right associated with the project.
- You will indemnify me against all claims by third parties ensuing from the use of the project work.
- If you decide or need to cancel a project after it has been agreed, you will be liable to pay for that part of the project I have already completed, including any preparatory work.
- If I have reserved a substantial block of time for a project that is cancelled by you and I cannot reasonably fill it with other paid projects, I reserve the right to charge 50% of the agreed project fee for hours not profitably used.
- If I am unable to deliver the project within the agreed timescale because of circumstances that are outwith my control or are unforeseen (including fire, flood or other disruption), you will have the option to cancel the remainder of the project and pay only for work already carried out, or to renegotiate a new target date for the full project. I will have no obligation to compensate for any part I cannot complete.
What if things go wrong?
- Either party has the right to terminate our contract for services if there is a serious breach of its terms.
- You must notify me in writing of any complaints relating to the work I have carried out within 10 days of final delivery of the project. The voicing of a complaint will not discharge you from obligation to pay the project fee due to me. If I take up your complaint, this does not mean that I consider the complaint justified or submitted in time.
- If I agree my work is unsatisfactory, I will rectify or replace it within a reasonable time and at my own expense. This will not apply if you have made changes to the work or had it changed since my delivery of the final project to you. If I am unable to rectify or replace the work within a reasonable time, I will offer you a discount on the fee due.
- If we cannot reach agreement on any matter, you may, at your own expense, ask a suitably qualified member of the Society for Editors and Proofreaders (SfEP) to arbitrate on any complaints about projects completed by me.