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These are Sound Fab Media’s Terms and Conditions. Please read them carefully, doing so will only take a minute or two. They have been set out to prevent misunderstandings. In the unlikely event of a dispute between you and Sound Fab Media they will provide clarification as to what we have both agreed to. Important - You must confirm that you have read and agree to the following terms if you hire Sound Fab Media to write for you. 1) Confirmation and commencement of a project Before we start a project, we require your written confirmation, by email, fax or physical mail that you are commissioning us to write for you, and of the agreed fee.
2) The contract If you wish to hire Sound Fab to work for you on behalf of any company, group of individuals or organisation other than yourself or your own company, you confirm that you are authorised to hire us on their behalf.
If you hire Sound Fab on behalf of a marketing agency to work for the agency on a project for one of your clients, a contract exists only between Sound Fab and the agency, and not between me and the agency's client.
You agree to indemnify Sound Fab Media against any claim for compensation or damages brought about as a direct or indirect consequence of the work we do for you and/or your organisation.
3) Our fee We prefer to charge a fixed fee to cover our services from start to finish.
Unless otherwise agreed, our fee includes attending your briefing (if deemed necessary), writing and submission of the first draft, discussion, evaluation and integration of up to two sets of revisions, submission of final draft.
However, please note that revisions based on a change in the project made after the first draft is submitted may incur an additional fee. In this event you will be notified in advance. 4) Your satisfaction
We want you to be totally happy with the work we do for you. (Indeed, the vast majority of projects run very smoothly)
However, writing is not an exact science. Judgment and assessment can be subjective. Misunderstandings are possible.
So if you see something you are not happy with, whatever the reason, please discuss it with us and we’ll do our utmost to resolve your concerns
If you're using us for the first time If after giving what we both agree to be proper opportunity to address your concerns ( based on a reasonable and collaborative working relationship, and a minimum of two further drafts) you still consider that the work that we’ve submitted does not meet your brief, the contract between us will be cancelled, and no payment will be due.
This is entirely without prejudice, and no liability or admission of failure or inability to complete the contract on our part is implied.
In such circumstance, we will retain the copyright for everything that we’ve written or created for you, and you will undertake to make no use whatsoever of any material in any draft which we have prepared for you. Otherwise the original fee agreed becomes payable in full.
You also agree to absolve us of all responsibility for any loss of income or for any costs or damages suffered by you or by any third party as a result of any delay.
5) Payment terms
We will invoice you either following submission of the second set of amendments, or within 5 working days of submitting an earlier draft to you, if I have not received comments or amendments, under which circumstances, I will assume that you have accepted the copy as it stands.
Unless previously agreed otherwise, invoices will be sent electronically, and are payable within 30 days of receipt.
Under exceptional circumstances, we reserve the right to seek a proportion of the fee to be paid in advance of our starting work on your project. The balance will be due within 30 days of our final invoice.
6) Late Payment
Our invoice will be payable within 30 days of receipt. If payment is not received within this period, we reserve the right to charge a late payment fee of 5%..
7) Cancellation
If a project is cancelled after written confirmation has been received, but before the first draft has been submitted a cancellation fee of 50% of the total agreed fee will be due.
If it is cancelled after the submission of the first draft, the agreed fee will be payable in full.
8) Non-disclosure and confidentiality agreements
Whilst we are happy to sign whatever confidentiality or non-disclosure agreements you or your organization deem necessary, you agree to indemnify me against any action whatsoever by you or a third party, associated with the accidental disclosure or loss of this information.
9) Copyright
We will assign copyright of all materials that we write to you following full payment of all fees due.
We reserve the right to use selected extracts of our 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 us, you include materials written by someone else, we will make every effort to ensure that we do not inadvertently breach their copyright. However, you confirm that you are authorized to send me the material for our use either as reference material or to form part of a new piece of work, and you indemnify us against any action arising, directly or indirectly, as a result of use of this content.
10) Errors and literals
We will do our utmost to ensure that all materials supplied to you are free of literal and spelling errors. However, you agree that you are responsible for final proofreading, and indemnify me against any costs arising from the appearance of such errors in any printed or published form.
While we make every attempt to make sure that our work complies with the law, it is your responsibility to submit all copy for legal review.
Matt Bounds Sound Fab Media
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Terms & Conditions