Terms of Service
Definitions
The Client means the person or company that has formally entered into the agreement. (That’s you)
Finola Writes refers to the business entity trading as F Billings Company, CHE-451.478.578. (That’s me)
Quotations means a formal proposal document or price estimates provided over the phone or email.
Approved copywriting brief means the materials from which the work is to be based upon, subject to the approval of the Client.
Urgent work means copywriting work needed (finalised) within 7 days.
Larger projects mean projects requiring more than 25 hours of work.
Terms and Conditions
QUOTATIONS AND SCOPE OF WORK
1.1. Quotations are valid for 30 days from the submission date.
1.2. The copywriting investment will be confirmed on receipt of the approved copywriting brief from ‘the Client’, when most of the complexities of the project are known. If 'the Client' chooses not to proceed, the time spent on the copywriting brief will be billed (only).
1.3. Any project estimates provided before ‘the Client’ approves the copywriting brief are not guarantees of delivery and should not be taken as such.
1.4. This proposal doesn’t include liaising with other agents such as graphic designers or web developers unless specified, or meetings outside of the initial creative brief. Travel time will be itemised on invoices for additional onsite meetings.
1.5. For individual projects and retainer agreements, the project includes 1 revision round per agreed-upon deliverable. Additional revisions are charged at time and materials @ 150 CHF per hour.
1.6. If at any point Finola Writes believes that the project is going above the scope defined, she will notify ‘the Client’, and we will chat about further compensation and/or how to proceed from there.
1.7. The “New Client Guarantee” only stands for the first project. The guarantee is only valid if it quoted on the invoice. It includes 1 x 30-minute meeting with a guided feedback process with one stakeholder, and one revision round for small tweaks only (“small tweaks” are defined as alterations or additions that take less than one hour). The client receives a week of availability for reasonable communication (“reasonable” is defined as short email exchanges that do not exceed five back-and-forths). This week does not include spontaneous phone calls and/or other meeting time beyond the 1 meeting defined. Finola Writes is able to postpone this extra week or guarantee to a week not directly following the project. The client’s thorough and constructive feedback is assumed for the guarantee to stand.
2. APPROVAL
2.1.‘The Client’ is asked to nominate one primary contact to centralise all revisions and contact throughout the project.
2.2. A set amount of revision time is included in each quotation. If the project objectives and requirements change requiring the work provided to be significantly altered, Finola Writes reserves the right to charge additional writing on a time and materials basis.2.3. For individual writing projects and retainers, approval of the copywriting brief must take place via email. Approval of the copywriting itself, is via an online approval form. If this form cannot be completed, approval should be provided in writing by 'the client’.
2.4. For individual writing projects, proofreading takes place on version two of the copywriting.
2.5. Feedback should be submitted within 14 days of the first draft being delivered. If revisions are not received, approval of the copywriting will be assumed, and the project will be finalised as per 2.4.
2.6. ‘The Client’ agrees to inform me of any changes needed in the project timeline at any stage. I will endeavour to meet these deadlines but, Finola Writes is not bound to them.
3. PAYMENT
3.1. For individual projects, a non-refundable commencement fee of 50% of the total quoted amount is required on acceptance of the quote by ‘the Client’. The upfront deposit paid will be deducted from the remainder (50%) due 14 days after the second draft is delivered. All revisions will be finalised as per our agreement.
3.2. For large projects, an installment payment of 30% of the total quoted amount will be issued with the first version of the copywriting. The remaining payment amount is required within 14 days of receipt of the final draft by ‘the Client’.
3.3. For retainer agreements, each invoice is sent two weeks before the month commences and follows a seven-day payment cycle. Therefore, the monthly payment is due in full one week before the month commences.
3.4. A retainer agreement commits the client to the defined monthly total for a minimum of three months. During this period, the “remaining balance of the total fee” (as in 3.10) is based on the total amount for these months. After this initial period, the client should provide one month’s notice if they wish to cancel the retainer.
3.5. Payment should be made by direct deposit to the bank account listed in the invoice.
3.6. Unless prior arrangements are made, payments not received within the specified payment terms will attract a 25 CHF late fee charge.
3.7. If payment defaults to Finola Writes, I may list ‘the Client’ with the appropriate debt collection and credit reporting agencies.
3.8. Urgent work will incur a 25% surcharge. Why? Because other projects are shifted around to accommodate.
3.9. Any costs that are in addition to the services ordered (including couriers, other media, and travel costs) are in addition to the amount quoted and shall be charged to ‘the Client’ as required. These costs will be itemised separately in the invoice.
3.10. ‘The Client’ may terminate the job at any time. In this instance, Finola Writes shall invoice a “kill fee” of 75%, of any remaining balance left of the total fee, with payment due within 30 days. In case of unforeseen, challenging financial circumstances, please reach out to me to discuss and consider how we may proceed so that fair compensation can be made. The “kill fee” I am entitled to still stands, but payment plans can be discussed.
4. INCAPACITY AND/OR ILLNESSES
4.1 Unexpected circumstances restricting the fulfillment of work by Finola Writes are always possible (e.g., illness of myself or a loved one, major blockers to our project, death of a loved one, etc.). In such instances, Finola Writes is entitled to postpone or cancel a project at any time. Refunds will be made where necessary for future work that cannot be fulfilled and has already been paid for from the date of the unexpected circumstance(s).
5. RETENTION OF TITLE
5.1. It is agreed that the copyright for any work delivered to ‘the Client’ remains the intellectual property of Finola Writes until all monies due have been paid.
6. LIABILITY, RELEASE AND INDEMNITY
6.1 All materials provided by ‘the Client’ are assumed legal and accurate.
6.2. You agree that any artwork or other creative elements that are provided to Finola Writes as part of creative work are either owned by you or you have the right to use them for commercial purposes.
6.3. Finola Writes cannot be held responsible for how the material produced is used once ‘the Client’ has approved the final draft.
6.4. ‘The Client’ agrees to indemnify and to hold Finola Writes harmless against any and all claims, costs, and expenses, including solicitors fees, due to materials included in any work undertaken at the request of ‘the Client’.
6.5. Any claim by ‘the Client’ as to incorrect performance or breach of these terms and conditions must be made to Finola Writes in writing within seven days of delivery.
6.6. With so many factors contributing to the success of a piece of copywriting, Finola Writes cannot make any guarantees as to the performance of the copy created for 'the Client'.
6.7. You agree that you shall not hold me liable for any incidental or consequential damages that arise from failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of me, you, or any of your representatives or employees, or a third party.
6.8. Due to the complex nature of search engine ranking, Finola Writes cannot guarantee any specific ranking as a result of publishing optimised copywriting.
6.9. Finola Writes accepts no responsibility or liability for any actions taken by ‘the Client’ that cause the website of ‘the Client’ to be penalised or banned from any Search Engine.
6.10. Finola Writes reserves the right to assign work to subcontractors to ensure project deliverables are met (e.g. for professional proofreading following the copy’s creation). All subcontractors adhere to Finola Writes’ standards and style of copywriting. “The Client” is not to have direct contact with the subcontractor without the authority of Finola Writes.
6.11. Finola Writes has the right to publish the final version as part of an ongoing portfolio and use it in marketing activities. If ‘the Client’ would prefer this not to occur, please notify Finola Writes.
6.12. Finola Writes shall use commercially reasonable efforts to consult with its clients to ensure high-quality, accurate, and compliant content. However, Finola Writes shall not be liable for any inaccuracies, omissions, or other content-based issues, including but not limited to claims related to wrongful sustainability representations (i.e., greenwashing) and other false ESG claims. The client acknowledges and agrees that Finola Writes provides content based on the information and materials provided by the client, and the client retains ultimate responsibility for the accuracy and compliance of the content.
6.13. The client agrees to indemnify, defend, and hold harmless Finola Writes from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with the content provided, including but not limited to claims related to wrongful sustainability representations and other false ESG claims.
7. CONDITIONS OF THESE TERMS AND GENERAL PROVISIONS
7.1. If one part of it becomes invalid or unenforceable, the remaining parts remain in place.
7.2.These terms and conditions override previous agreements that ‘the Client’ has agreed to with Finola Writes.
7.3. These terms stand unless the client has received a “customised contract” (these words will be stated on the invoice in such cases) and that the appropriate contract is stated or linked to on each of their invoices in place of the usual terms.
7.4. These terms and conditions are implicitly agreed to on acceptance of the copywriting quote provided and the instruction to proceed.
7.5. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles.
7.6. Dispute Resolution: Any dispute, controversy, or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution. The place of arbitration shall be Zurich, Switzerland. The language of the arbitration shall be English.