ONLINE BOOKING TERMS AND CONDITIONS
Please read these terms carefully before you complete your order. These terms explain who I am, how we will work together, and other important information that you need to be aware of.
In this Agreement, the party who is contracting to receive services shall be referred to as “Client” and "you", and the party who will be providing the services shall be referred to as “Company" and "we" and “I” and “me”.
These terms and conditions apply to all digital strategy, brand messaging and copywriting services provided by us to you under this Agreement, booked via my online scheduler at https://themissingink.as.me/.
The Parties hereby agree as follows:
1.0 Project Services and Deliverables
1.1 Day rates are a time-based offering (3 hours for a half day; 6 hours for a full day). The only thing I can guarantee to you is that we'll spend the amount of time you've booked. This means that rounds of edits and follow-up after our time together are NOT included. If you need further support, you will need to book an additional half or full day with me.
1.2. Launch strategy sessions are a time-based offering (90 minutes). We will also work on a launch copy strategy document live during our call together. There is NO copywriting or editing included in this service. If you need further support, you can book extra time with me.
1.3. I will deliver my copywriting services during your chosen appointment time and will send you a Google document with your copy at the end of your appointment. If we are in different timezones, you and I may discuss alternate appointment/call times to make it work for both of us.
1.4. If you have any questions or complaints about the copy produced after we finish our appointment, please contact me. You can email me at firstname.lastname@example.org and I will respond as soon as possible.
2.0 Payment Terms
2.1. Payment must be made in full via my online scheduler at https://themissingink.as.me/ before our time together is confirmed.
3.0 What I Need From You To Proceed
3.1. Please complete your payment and book your session times during the our online scheduler.
3.2. You will receive a welcome email that outlines next steps, along with an intake questionnaire so I can gather information from you about our project.
3.3. Your intake questionnaire must be completed at least 24 hours before our appointment. If your questionnaire is not completed within that timeframe, we will need to reschedule our session.
3.4. To the best of your ability, you will ensure that the information you provide to us is complete and correct. Any copy I draft will be based on the information provided by you.
3.5. For day rates, you will ensure you are available for up to 60 minutes at the beginning of our appointment so we can hold a kick-off strategy call before I begin any work on your copy.
4.0 Term and Termination
4.1. This agreement will come into effect after you have paid in full for the services outlined in this agreement.
4.2. This agreement will govern all work completed during our allotted time together on the day, as per the package you select.
4.3. Either party may terminate this Agreement for any reason by providing written notice to either party.
4.4. If this Agreement is terminated before we commence work under this agreement, any fees paid by you prior to termination will not be refunded.
5.0 Cancellations and refunds
5.1. I operate a no refund policy. Once your copywriting services have been delivered I will not offer any refunds.
5.2. If you do not show up for your appointment or cancel your appointment less than 24 hours before the appointment time, your payment will not be refunded.
5.3. If you change your mind about my copywriting services before the delivery of the service you will not be eligible for a refund.
6.0 Your right to reschedule
6.1. If you wish to make a change to the scheduled time for your copywriting appointment, please use the reschedule function on my online scheduler or contact us at email@example.com and we will assist you with finding an alternative appointment time.
6.2 Appointments cannot be rescheduled less than 24 hours before our allotted time.
7. My right to reschedule
7.1. We reserve the right to re-schedule an appointment date or time and will notify you of the need to make such changes at least 48 hours before the date original appointment time.
7.2. Although we will take all reasonable measures to complete our work together during the allotted time, we can't be held liable for delivery delay if the delay or failure to supply is caused by matters beyond reasonable control including, without limitation:
• Acts of God
• Power failure
• Equipment failure
• Family emergencies or major illness
In such cases we will reach out to you as soon as possible to schedule an alternative time for our call.
8.0. Copyright and Intellectual Property
8.1. All copyright in the copy I draft for you will be automatically assigned to you upon delivery of the above mentioned Google document.
8.2. I will retain full ownership and copyright of any templates or resources I share with you during the course of our agreement.
8.3. You agree that you will not share any templates or resources I provide to you during the course of our agreement with ANY third parties.
8.4. We retain the right to publicly discuss our work together and to display any work completed in our future advertising, educational, marketing and promotional materials of our services.
8.5. We are not responsible for trademark searches, trademark registration, copyright registration or any other service related to the protection of legal rights in your branding, messaging and copy. You hereby indemnify, save and hold us harmless for any liabilities, damages, losses, costs, or expenses arising out of any claim, demand or action by a third party alleging infringement arising out of your use of branding or copy, strategy or advice provided by us under this Agreement.
8.6. We may approach you for a testimonial after your project is complete, but you are not obligated to provide one.
9.0 How to contact me
9.1. You can contact me via email at firstname.lastname@example.org
9.2. If contact you, I will do so by writing to you at the email address or postal address you provided to me in your order. We may also arrange phone calls or online conference calls via Zoom meetings.
10.1. Both parties warrant that they are authorized to enter this Agreement. Except for this warranty, neither party makes any other warranties, express or implied.
10.2. You acknowledge that we cannot guarantee any particular results or outcomes from the services provided under this Agreement.
11.0 Claims and Liabilities
11.1 In no event shall either party have liability to the other party for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, for any indirect, special, incidental, exemplary, multiple, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not the party has been advised of such damage; and in no event shall a party’s liability exceed the fees paid under this agreement, whether in tort, contract, or under any other theory of liability.
11.2. You agree to indemnify and to hold us harmless against any and all claims, costs, and expenses, including solicitors fees, due to any work or advice provided to you under this agreement.
11.3. We work hard to ensure our work is free from errors, but we don't offer an error-free guarantee. You are responsible for fact-checking and proofreading.
11.4 We take no responsibility for the material and how it is used after our time together. It is your responsibility to ensure that any work created for you under this agreement meets the legal requirements and standards of your industry and/or jurisdiction.
12.0 How I may use your personal information
12.1. I will use the personal information you provide to me:
(a) to supply the copywriting services to you;
(b) to process your payment for the copywriting services; and
(c) if you agreed to this during the order process, to give you information about similar services that I provide, but you may stop receiving this at any time by contacting me.
12.2. We will only give your personal information to third parties where the law requires us to do so.
13.0 Independent Contractor
13.1. This agreement shall not render us an employee, partner, agent of, or joint venturer with you for any purpose. We are and shall remain an independent contractor in our relationship to you.
13.2. We remain open to conducting similar tasks or activities for entities other than you and hold ourselves out to the public to be a separate business entity.
14.1. Any provision of this Agreement that, by its terms, is intended to continue to apply after any termination of expiration of this Agreement, shall survive such termination or expiration and continue to apply in accordance with its terms.
15.0 No Implied Waiver
15.1. The failure of either Party to insist on strict performance of any covenant or obligation under this Agreement, regardless of the length of time for which such failure continues, shall not be deemed a waiver of such Party’s right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other obligation.
16.0 Entire Agreement
16.1. These Terms and Conditions constitute the entire agreement and understanding of the parties and supersede any previous agreement, written or oral, between the parties. A waiver or 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.
17.0 Amendments and Modifications
17.1. No amendment, change, or modification of this Agreement shall be valid unless agreed to in writing by both parties.
18.1. If any term, provision, covenant or condition of this Agreement shall be found to be illegal or otherwise unenforceable, this finding shall not invalidate the whole of the Agreement. Rather, the remainder of the Agreement shall remain in full force and effect, and the offending provision shall be deemed modified or stricken to the extent necessary to render such provision or the rest of the Agreement enforceable. The rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest extent permissible to the Parties’ intent set forth in the original Agreement.
19.0 Governing Law, Venue, Mediation
19.1. This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, and both parties hereby submit themselves to the exclusive jurisdiction of the New South Wales courts.
19.2. The parties agree that, prior to filing a lawsuit with respect to any dispute, controversy, or claim concerning this Agreement (collectively and individually, “Dispute”), they will make a good faith attempt to resolve their differences by first having a scheduled phone conversation between The Parties for this express purpose. If no resolution can be determined, the parties will submit the Dispute to mediation, the procedure for which shall be mutually agreed upon by the Parties (“Mediation”).
19.3. The parties agree to share equally any costs or fees resulting from engagement of a mediator and/or the hiring of an appropriate forum for the mediation. The Parties agree to pay their own individual expenses incurred in the Mediation (including, without limitation, the cost of each Party’s independent counsel or other representatives(s)). Should such Mediation fail, the Parties agree that the exclusive venue for any unresolved Dispute is an appropriate court located within the State of New South Wales, Australia.