Terms and Conditions
These terms and conditions form part of the contract between Jacquie Budd and the client.
They’re intended to provide a clear framework of working together and to explain the legal and commercial terms that apply to our agreement.
By signing the proposal, you confirm that you have read and agree to these Terms and Conditions and the Service Agreement.
1. The contract
The contract between us consists of:
The signed project proposal
The Service Agreement
These Terms and Conditions
The proposal sets out the specific services, scope, deliverables, pricing, payment arrangements, and timescales for the project.
If there is any conflict between these documents, the terms of the signed proposal will take precedence in relation to project-specific matters, unless otherwise stated.
I am an independent contractor. This means I am not your employee, worker, agent or partner, and I will not give the impression that I am. My time is limited to the agreed project and any consultation time required for delivery.
2. Pricing and additional work
The price for the agreed work will be set out in the proposal.
If you request work outside the agreed scope, or if changes to the brief substantially alter the work required, I may charge an additional fee.
I will agree any additional work and associated costs with you before proceeding.
3. Starting the work
Work will normally begin once:
The proposal has been signed
Any required initial payment has been received, and
I have received the information or materials needed to begin
Specific arrangements may vary depending on the project and will be set out in the proposal.
4. Payment terms
Payment arrangements will be set out in the proposal and may vary depending on the size and nature of the project.
Smaller projects may require payment in full before work begins.
Larger projects may be split into staged payments.
For ongoing or retained work, payment will normally be required monthly in advance.
When working with agencies, the payment arrangements agreed in the proposal apply regardless of the agency’s wider project or client sign-off process.
Invoices are issued electronically via email unless otherwise agreed and are payable within 14 days of the invoice date, unless different payment terms have been agreed in the proposal.
I accept payment in GBP by bank transfer unless another method has been agreed.
I am not VAT registered. Thank you for paying on time!
5. Late payment
Payment is due by the date stated on the invoice.
If payment is not received by the due date, I reserve the right to suspend work until outstanding amounts have been paid.
I reserve the right to charge statutory interest and compensation for late payment where applicable under UK legislation.
At the time of writing, the legal right of late payment interest is 8% plus the Bank of England base rate.
6. Pausing or cancelling a project
If you need to cancel a project, please let me know as soon as possible.
If a project is cancelled after work has started, you may be charged for the work completed up to the date of cancellation and any other agreed non-refundable costs.
Any deposit or advance payment will be treated in accordance with the terms set out in the proposal and applicable law.
If a project is significantly delayed because information, feedback, or approval is not provided, I may pause the project and reschedule the remaining work based on my availability.
If a client does not respond for an extended period, I may treat the project as paused or cancelled and will contact you before taking further action where reasonably possible.
7. Intellectual property and copyright
Unless otherwise agreed, copyright in final written content and other original work created specifically for you will transfer to you once full payment for that work has been received.
Until full payment is received, copyright remains with me.
You are responsible for ensuring that any materials, images, information, or other content you provide to me can be legally used for the project.
I reserve the right to display completed work, or reasonable excerpts from it, in my portfolio, case studies, and marketing materials unless we have agreed otherwise.
If I have worked alongside a subcontracted freelancer, they will also have the same intellectual property and copyright rights.
8. Errors & omissions
I take reasonable care to ensure that work is accurate and appropriate for its intended purpose.
However, unless specifically agreed otherwise, I cannot guarantee that all content will be completely free from typographical, grammatical, or factual errors, particularly where information has been supplied by you or where facts may change over time.
You remain responsible for reviewing and approving final work before publication or use.
9. Liability
I will provide my services with reasonable care and skill and will take reasonable steps to ensure that work I create is accurate and appropriate for the agreed purpose.
Where the work relies on information, claims, images, materials, or other information provided by you or third parties involved in the project, I am entitled to rely on that information. For case studies and similar content, I may rely on information provided by the interviewee or other people involved in the project.
You remain responsible for checking and approving the accuracy of the final work and for ensuring you have the necessary rights and permissions for any materials you provide.
To the extent permitted by law, I cannot be liable to you, or any third party, for indirect or consequential losses, including loss of profits, loss of revenue, loss of business, loss of anticipated savings, complaints, or similar losses arising from the use of my services.
Nothing in these Terms and Conditions excludes or limits liability where it would be unlawful to do so.
10. Client responsibility
You are responsible for ensuring that information and materials you provide are accurate and that you have the necessary rights and permissions to use them.
You are also responsible for reviewing and approving final work before publication or implementation.
11. Confidentiality
Both parties agree to treat confidential information received during the project appropriately and not disclose it unnecessarily to third parties.
This obligation does not apply where disclosure is required by law or where information is already publicly available through no breach of this agreement.
12. International payments
I invoice and accept payment in £GBP
Clients outside the UK are responsible for any currency conversion, international transfer, or other transfer fees charged by their bank or payment provider.
13. Changes to the contract
Any changes to the agreed contract must be confirmed in writing by both parties.
14. Assignment
Neither party may transfer or assign this contract to another person or organisation without the other party’s written consent.
15. Legal
This agreement is governed by the laws of England and Wales.
Any disputes will be subject to the jurisdiction of the courts of England and Wales, subject to any rights either party has under applicable law.
Questions
If anything in these Terms and Conditions is unclear, please get in touch before signing the proposal.