© 2019 by Kaylia Dunstan

COMMUNICATIONS

WORK 

TERMS & CONDITIONS

Updated May 2018

 

Any commissioned projects undertaken by Kaylia Dunstan will be subject to the Terms and Conditions set out below.

 

When you commission a project with Kaylia Dunstan you acknowledge that these Terms and Conditions take precedence over any other Terms and Conditions, express or implied, and regardless or whether it is your general practice to conduct similar engagements under your own Terms and Conditions.

 

Definitions

  • In this agreement, “the consultant” or “I” is Kaylia Dunstan and “the client” or “you” shall be any person, company or entity that approves a quotation and commissions work from Kaylia Dunstan.

 

Brief

  • The client must submit a brief using the consultant's supplied brief template or through other means if mutually agreed.

  • Following submission of the brief the consultant will provide a formal quotation.

 

Quotations

  • All projects are usually agreed on a price-per-project basis unless otherwise specified.

  • The consultant will provide an estimate of charges to deliver the work based on the information provided by the client in a formal quotation/proposal via email.

  • The quotation is provided based upon the brief. If the brief changes then the consultant reserves the right to amend this fee. Any potential changes in costs will be discussed with the client in advance of carrying out the work.

  • The consultant will include any charges for travelling time, travel expenses and incidental expenses, including third party goods where necessary in the quotation.

  • Quotations are valid for 60 days.

 

Acceptance of quote

  • The project will be confirmed when the consultant receives an email from the client stating clearly that the client is commissioning the work.

  • If the client is hiring the consultant to work for them on behalf or any organisation, company or group of individuals other than the client, the client must confirm via email that they are authorised to hire the consultant on behalf of the organisation, company or group of individuals.

  • If the consultant is hired on behalf of an agency to work for the agency on a project for one of their clients the contract is deemed to exist only between the consultant and the agency

 

Working relationship

  • The client will provide the consultant with the information they need to fulfil the brief in a timely manner.

  • The client and the consultant will respond to requests in a timely manner.

  • The consultant will produce a first draft within the timescale agreed and will expect amendments/revisions from the client on the draft within fourteen days (or less if specified) of the client receiving the draft.

  • If the client fails to provide amendments/revisions within fourteen days the client will be notified and invoiced for the remaining quote amount. The client is expected to pay this within seven days. 

  • The consultant and the client can negotiate new deadlines to complete the project if the client still wishes to go ahead. 

 

Payment

  • Unless otherwise agreed all projects require a 50% deposit, payable on invoice, prior to work commencing on the project. 

  • Final payment is due within 7 days of delivery of the final draft with an accompanying invoice or if the client fails to provide feedback within the specified fourteen day period. 

  • For projects lasting several months the consultant may require staged payments based upon work delivered.

  • Subsequent amendments after the final draft will be charged at the nominal hourly rate as specified in the quotation.

 

Amendments/revisions

  • It’s important that the client is thorough and comprehensive with their feedback.

  • If further rounds of editing are required after the project is approved they will be charged at the nominal fee as specified in the original quotation.

  • If the client wishes to change direction and requests complete rewrites this will be considered a new project. A new quote will be submitted for approval before commencing this work.

 

Non-acceptance

  • If the client decides that they do not wish to continue with the work after viewing the first or subsequent drafts the consultant reserves the right to charge the client the full cost (100%) as outlined in the quotation.

 

Cancellation

  • Projects can be cancelled by the client prior to paying a deposit or prepayment without incurring any cost.

  • Once a deposit has been paid it cannot be refunded.

 

Late payment

  • The consultant will exercise her statutory right to interest and compensation for debt recovery costs under the late payment legislation if she is not paid according to agreed credit terms.

 

Ownership and intellectual property

  • If the client supplies a draft or research material, extracts and images to be incorporated into the copy verbatim they must be the owner of the copyright to this draft or have obtained permission to use the material. The consultant is indemnified against any claim arising from claims that the new work breaches existing copyright. 

  • The copyright for any work is held with the consultant until full payment is made. When payment is made the copyright is fully transferred to the client.

  • The client cannot use any aspect of the work until full payment is made.

 

Non-disclosure and confidentiality agreements

  • If the client wishes the consultant to sign confidentiality or non-disclosure agreements the client must also agree to indemnify the consultant against any action by the client or a third party associated with the accidental disclosure or loss of information related to the agreement.

 

Case studies and testimonials

  • In most cases the consultant will seek permission from the client to use the project as a case study on the consultant's website or marketing materials. The client may refuse this request but in doing so recognises that this will limit further promotion of the company and the project from the consultant.

 

Errors

  • The consultant will do her best to ensure that drafts are free of spelling or grammar mistakes.

  • If the final draft contains spelling or grammar mistakes these will be corrected by the consultant free of charge without acceptance of liability for any costs the client incurred as a result of these errors.

 

Severance

  • If any clause or sub-clause of this agreement shall be deemed unlawful, invalid or otherwise unenforceable, then that clause or sub-clause shall be deemed severable from this agreement and shall not affect the validity or enforceability of any remaining clauses.

 

Applicable law

  • The agreement and these terms and conditions shall be governed by the laws of Scotland, England and Wales and both parties submit to the exclusive jurisdiction of the courts of Scotland, England and Wales.

 

Variation

  • These terms and conditions shall not be varied except by mutual consent between the consultant and the client, in writing.