Please read these terms and conditions carefully. You agree to be bound by them when you commission me to work for you. Throughout these terms and conditions, ‘I’ or ‘me’ means Richard Hollins Limited.
1. The Brief
I will need a brief from you, so I can calculate my fee and produce the work you want. The brief should include anything relevant to your project, such as:
- the output you want
- the sources of the information I will need
- requirements for me to travel, and
- any issues that will affect my ability to produce the work.
I can help you develop the brief, although I will charge you for the time this takes, whether or not you go ahead with the project.
2. My Fee
I am happy to quote you a fixed fee, based on your briefing, or to charge you for my time on an hourly basis.
A fixed-fee quotation is valid for 30 days from the date I send it to you. I will base it on:
- a 7.5 hour working day
- the number of days’ work involved, taking into account your brief, your deadlines and any other factors I am aware of, and
- my daily rate.
I have the right to change the fee I charge you at any time, if:
- you change the brief
- your brief was incomplete or inaccurate
- you require the work sooner than we agreed
- you delay or disrupt my work, or
- there are circumstances I was unaware of which mean the work will take longer.
Any time I spend travelling will be reflected in my fee. I will add a 25% surcharge for any time you need me to work during evenings or weekends.
My quotation will exclude my out-of-pocket expenses, which I will add to your invoice. I will charge you for any mileage costs at the rate HM Revenue and Customs accepts.
3. Working Together
Deadlines
We will agree deadlines for me to complete the work, and for any interim stages. These deadlines will only change if we both agree to it.
You agree to provide me with the information I need and any revisions to drafts as soon as possible.
My Output
If we agree a fixed fee, I will write up to three drafts. I will charge you for any time I spend on additional drafts.
Approving Content
You must approve all the material I create for you. This means you must make any necessary checks and obtain any permissions you need before you or any third party uses the material.
Resolving Issues
You agree to inform me as soon as possible of any issues you have with my work, so that we can amicably resolve them.
4. Payment
For most jobs, I will bill you on completion. For larger jobs, I will send you interim invoices, reflecting the stage of the project.
You must pay my invoices within 30 days of the invoice date, unless we agree otherwise. The Late Payment of Commercial Debts (Interest) Act 1998 gives me the right to charge interest on any amounts you have not paid after 30 days, until you pay me in full. The interest rate is currently 8% above the base rate.
If you do not pay any interim invoices by the due date, I may stop working for you until you pay.
You can pay by cheque or electronic transfer. Proof that you have posted a cheque is not proof that I have received it.
5. Cancellation Charges
If you cancel a contract for any reason, I reserve the right to bill you up to 100% of the agreed fee, depending on the stage of the project and any other factors which are relevant.
If you cancel a contract, you will reimburse all my out-of-pocket expenses.
6. Rejection of Work
You cannot reject my work on the basis of my style, composition, advice or opinions.
7. Copyright
I own the copyright in connection with my services, including any materials I create for you. When you have paid all my invoices for this work, ownership of the copyright passes to you.
I retain the copyright in any unused plans, ideas and materials I create. You do not have the right to use them, even if you possess copies or files. If you do possess copies or files, you agree to return them to me or confirm to me in writing that you have destroyed them.
If you supply me with material to incorporate in my work for you, you must ensure that you:
- already own the copyright for this material, or
- you have obtained the right to use and reproduce the material.
You must also ensure that my using the material will not infringe any third party rights.
You agree to compensate me in full for any losses I suffer if you do not comply with the obligations above.
8. Confidentiality
We both agree not to disclose any confidential information we obtain about the other’s business.
9. Risk
You supply any items or materials to me at your own risk. I am not responsible for any subsequent loss or damage to them.
10. Limitation of Liability
This condition sets out my entire financial liability to you in respect of:
- any breach of contract, and
- your use of my services.
The contract excludes, to the fullest extent the law permits, all warranties, conditions and other terms implied by statute or common law.
Subject to the above, I will not be liable for:
- loss of profits, business, anticipated savings, goods, contracts or use
- depletion of goodwill and/or similar losses
- corruption of data or information, or
- any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
My total liability to you is limited to the price you paid for my services.
11. Events Outside My Control
I will not be responsible if events outside my reasonable control prevent or delay my work for you.
12. Variation
I reserve the right to revise these terms and conditions. I will tell you in writing if I do.
13. Governing Law and Jurisdiction
We agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim relating to the contract, its subject matter or formation (including non-contractual disputes or claims).
