Terms of service.
By purchasing a copywriting service through this website you agree to the following terms:
Client/customer is responsible for filling out accompanying form associated with service purchased within 14 business days.
Client/Customer understands that no work can begin until all requested information on said form has been submitted.
Client/Customer understands that the 21 business day deadline for project copy begins only when the form for all information has been submitted, not at time of purchase unless both the purchase and form are submitted simultaneously.
Client/Customer understands that deliverables include:
One Google doc containing copy in accordance to product purchased description.
One Loom video with a walkthrough of said copy, explaining copy decisions and where language can be changed to suit customer/client’s personal preferences without altering effectiveness of copy.
Client/Customer understands there are NO edits by copywriter included in purchase price.
Contract agreement:
Independent Copywriter Agreement
This Agreement (“Agreement”) is made and entered into on the date of purchase (the “Effective Date”) by and between "Client/Customer” and AMY COLLINS of THE REAL AMY COLLINS ("Copywriter"), (collectively, the “Parties”).
1. Scope of Work
Copywriter agrees to write and create the work as outlined in the product purchased description (Services) to be delivered no later than fourteen (21) business days after project start date (when requested form info is submitted). Any material changes to the scope of the Work Product, including work to be performed and related fees must be approved by the prior written consent of both parties.
2. Payment
All payments are collected at the Purchase point on Copywriter’s website.
3. Fees and Expenses
Copywriter shall be responsible for all expenses incurred while performing Services under this Agreement. This includes automobile and other travel expenses; insurance premiums; cell phone expenses; and any compensation paid to contract personnel the Copywriter hires to complete the work under this Agreement.
4. Term of Agreement
This agreement will become effective when product purchase is complete and the requested information with corresponding product has been submitted. Work is expected to commence at this point and will terminate when Services are delivered to the Client.
5. Project Cancellation
Because Copywriter has reserved time for Client in her schedule and has refused other work in order to deliver the Services, in the event that Client terminates the project before Copywriter delivers the Services, Client will not be eligible for a refund of the Project Fee or Product Fee.
6. Independent Contractor Status
Copywriter is an independent Contractor. Copywriter shall be responsible for determining the location, method, details, and means of performing the Services. Nothing in this Agreement creates any partnership, joint venture, employer-employee or agency relationship. Copywriter agrees not to represent or bind the Client to any third party that any of the aforementioned relationships exist. Any rights afforded to employees of the Client such as fringe benefits are not available to Copywriter.
7. Business Licenses, Permits, and Certificates
Copywriter represents and warrants that Copywriter will comply with all federal, state, and local laws requiring licenses, business permits, and certificates required to provide the Services to be performed under this Agreement. Copywriter shall use his/her best efforts to perform Services in a satisfactory manner to the Client.
8. State and Federal Taxes
Client shall be under no obligation to withhold FICA (Social Security and Medicare taxes) from Copywriter's payments or make FICA payments on Copywriter's behalf, make state or federal unemployment compensation contributions on Copywriter's behalf, or withhold state or federal income tax from Copywriter's payments. Copywriter shall pay all taxes incurred while performing Services under this Agreement—including all applicable income taxes, and self-employment (Social Security) taxes.
9. Insurance
Client shall not provide insurance coverage of any kind for Copywriter or Copywriter's or contract personnel. Copywriter shall obtain the appropriate business insurance coverage and maintain it during the entire term of this Agreement.
10. Indemnification
Both parties to this agreement shall indemnify each other and hold all affiliates, employees and agents harmless from any loss, liability, damage or other expenses arising from performing Services under this Agreement.
11. Confidentiality
Copywriter acknowledges that it will be necessary for Client to disclose certain confidential and proprietary information to Copywriter in order for Copywriter to perform duties under this Agreement. Copywriter will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential information of Client without Client's prior written permission except to the extent necessary to perform Services on Client's behalf. Proprietary or confidential information includes:
• any information stamped “confidential,” “proprietary,” or with a similar legend, or any information that Client makes reasonable efforts to maintain secret, and
• business or marketing plans or strategies, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries, and improvements of any kind, sales projections, and pricing information.
Upon termination of Copywriter's Services to Client, or at Client's request, Copywriter shall deliver to Client all materials in Copywriter's possession relating to Client's business.
12. Proprietary Information
Provided Client has complied with the terms of this agreement, the final delivered copy and associated videos performed under this Agreement (“Work Product”), will be the sole property of the Client, and Copywriter hereby assigns to the Client all right, title and interest therein, including but not limited to all audiovisual, literary, moral rights and other copyrights, patent rights, trade secret rights and other proprietary rights therein. Copywriter retains no right to use the Work Product, except as noted below, and agrees not to challenge the validity of the Client’s ownership in the Work Product.
Copywriter retains the right to use the final Work Product in marketing efforts, including but not limited to case studies, online portfolios, blogs, webinars, paid products and/or in other promotional and educational ways. Copywriter agrees to protect Client’s private data at all times. Copywriter will not share raw financial data, such as revenue. Whenever possible, data will be anonymized, with the exception of the Client’s name, which the Client agrees to allow Copywriter to share in such marketing efforts as described here.
13. Miscellaneous
A. Exclusive Agreement. This Agreement constitutes the sole agreement between the parties and supersedes all oral negotiations and prior writings with respect to the Services. Any subsequent changes to the term of this Agreement may be amended or waived only with the written consent of both the Copywriter and the Client.
B. Notices. All notices and other communications required or permitted under this Agreement shall be in writing and shall be deemed sufficient upon delivery, when delivered personally or by overnight or sent by email, or forty-eight hours after being sent by mail as certified or registered with postage prepaid, addressed to the party to be notified at such party’s address or email as set forth on the signature page.
C. Choice of Law / Dispute Resolution. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Alabama. Any disputes concerning this Agreement shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.
D. Severability. If one or more provisions of this Agreement are held to be unenforceable under applicable law, the remainder of the Agreement shall be unaffected.
E. Advice of Counsel. Each party acknowledges that each party has read this Agreement and fully understands the terms and provision herein. Both parties have been given the opportunity to seek legal counsel regarding this Agreement. This Agreement shall not be construed against any party by reason of the drafting or preparation hereof.