Terms of Service
Agreement means this Services Agreement
Client means the person or company that has formally entered into the agreement. (That’s you; “you”)
Indie Copy refers to the business entity trading as Indie Copy, Indie Copy, LLC. (That’s me; “me”, “I”)
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 (finalized) within 7days.
Larger projects mean projects requiring more than 25 hours work.
VIP Intensive Day means a 4-hour block of time for Indie Copy to provide creative services to ‘The Client.’
Terms and Conditions
1.1 Quotations are valid for 15 days from the submission date.
1.2 The copywriting investment will be confirmed on receipt of the approved copywriting brief from Client, when most of the complexities of the project are known. If Client chooses not to proceed, the time spent on the copywriting brief will be billed (only).
1.3 Any project estimates provided before 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 itemized on invoices for additional onsite meetings.
1.5 This proposal includes 2 sets of revisions. Additional revisions are charged at time and materials @ $187 per hour.
2.1 Client is asked to nominate one primary contact to centralize 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, Indie Copy reserves the right to charge additional writing on a time and materials basis.
2.3 Approval of the copywriting brief should be via email or will be assumed when Client sends an amended copywriting brief to Indie Copy. Approval of the copywriting itself, is via an online approval form. If this form cannot be completed, approval should be provided in writing by Client via email.
2.4 Proofreading will be completed once approval for the copywriting has been submitted or on version three of the copywriting.
2.5 Revisions should be submitted within 7 days of the second draft being delivered. If revisions are not received, approval of the copywriting will be assumed and the project finalized as per 2.4.
2.6 These terms and conditions are implicitly agreed to on acceptance of the copywriting quote provided and the instruction to proceed.
3. PROJECT PAYMENT
3.1 As full consideration for services performed by Indie Copy, a non-refundable commencement fee of 50% of the total quoted amount is required on acceptance of the quote by Client. The upfront deposit paid will be deducted from the remainder (50%) due 14 days after the second draft is delivered or 7 days after the final draft is delivered, whichever occurs first. All revisions will be finalized as per our agreement.
3.2 Client has the option of paying 100% upfront, however only 50% will be refunded if the project is cancelled prior to work being completed and in adherence with 3.10.
3.3 For large projects, an installment payment of 30% of the project remainder will be issued with the first version of the copywriting. The remaining payment amount of 20% is required within 14 days of receipt of the final draft by ‘the Client’.
3.4 Should Client retain Indie Copy for a VIP Intensive the full amount of the rate is required upon scheduling. VIP Intensive rate reserves time exclusively dedicated to Client, so no refunds are granted for Intensive days should Client cancel.
3.5 Payment may be made by ACH direct deposit or credit card via the link included on the invoice.
3.6 Unless prior arrangements are made, payments not received within the specified payment terms will attract a late fee charge of $25.
3.7 If payment defaults Indie Copy may list Client with the appropriate debt collection and credit reporting agencies and Client will be responsible for such fees.
3.8 Urgent work will incur a 25% surcharge. Why? Because of the other projects shifted around to accommodate.
3.9 Any costs that are additional to the services ordered (including couriers, other media and travel costs) are in addition to the amount quoted and will be charged to the Client as required. These costs will be itemized separately in the invoice.
3.10 Client may terminate the job at any time. In this instance, Indie Copy will be compensated for work performed through date of termination, regardless of approval status of associated copywriting work, and Client will pay all expenses and fees incurred through and up to the date of termination. Indie Copy will remit an invoice for the time spent and work completed to date, including any associated fees and expenses due.
3.11 DIGITAL PRODUCT PAYMENT
Due to the nature of digital products, refunds will not be issued once an order has been placed and the product has been downloaded. If you are unable to download the digital product please contact Indie Copy, LLC at [email protected] within 7 of days for assistance.
If you change your mind and have not downloaded the product a refund can be issued upon request within 7 days.
Downloads and views are closely monitored to ensure you are able to successfully access purchased digital products.
We recommend contacting us if you have any questions before you purchase.
3.12 COACHING PAYMENT
Once coaching or consulting services have been rendered, there are absolutely no refunds. We firmly believe in the value and effectiveness of our coaching, and the results achieved depend on your commitment, openness to being coached, and willingness to put in the necessary effort.
While we cannot guarantee specific results in a coaching relationship, we are dedicated to supporting you throughout the process and providing valuable guidance. We strive to deliver the agreed-upon services and assist you in your professional growth journey.
If, after working with us, you find that you are not completely satisfied with your investment and are on a payment plan, you may request that we stop collecting future payments. However, please note that any services already rendered up to that point will not be eligible for a refund.
For clients who have made a payment in full and are unsatisfied with the coaching or consulting sessions, you may request a refund for any sessions that have not been rendered. We understand that circumstances may change, and we want to ensure your satisfaction with our services.
To request a refund or stop future payments, please contact our customer support team at [email protected]. We will review your request promptly and work with you to find a suitable resolution.
We value your trust and appreciate your understanding of our refund policy. If you have any questions or concerns regarding our services or refund process, please don't hesitate to reach out to our customer support team.
4. WORK MADE FOR HIRE
4.1 It is agreed that the copyright for any work delivered to Client remains the intellectual property of Indie Copy until all monies due have been paid. Only after full payment is the copywriting considered a Work for Hire as such term is defined by the US Copyright Act.
5. WARRANTIES, LIABILITY, RELEASE AND INDEMNITY
5.1 All materials provided by Client are assumed legal and accurate. Client warrants that it either owns or has permission to use the materials, and the materials do not infringe on the rights of any third-party.
5.2 Indie Copy warrants that services will be provided in a professional and workmanlike manner and in accordance with reasonable professional standards for such services.
5.3 Indie Copy cannot be held responsible for how the material produced is used once Client has approved the final draft. If Client or any third-party modifies or uses the final draft or deliverables outside the scope of this Agreement, then any of Indie Copy’s warranties or representations are void.
5.4 Client agrees to indemnify and to hold Indie Copy, its owner, contractors, employees, assigns and successors, harmless against any and all losses, claims, liabilities, and expenses, including attorney’s fees, arising from this Agreement due to materials included in any work undertaken at the request of Client or advised, created, or produced by Indie Copy during a VIP day. The services and work by Indie Copy are sold “as is.”
5.5 Any claim by Client as to incorrect performance or breach of these terms and conditions must be made to Indie Copy in writing within seven days of delivery.
5.6 With so many factors contributing to the success of a piece of copywriting, Indie Copy cannot make any guarantees as to the performance of the copy created for Client, including anything produced, created, or advised during a VIP day.
5.7 Due to the complex nature of search engine ranking, Indie Copy cannot guarantee any specific ranking as a result of publishing optimized copywriting.
5.8 Indie Copy accepts no responsibility or liability for any actions taken by Client that cause the website of Client to be penalized or banned from any Search Engine.
6. TIMING AND FEEDBACK
6.1 Indie Copy will prioritize performance of services, and will undertake commercially reasonable efforts to perform services, within the time(s) identified in the Quotation. Client agrees that Indie Copy’s ability to deliver services depends on timely communication by Client and Client agrees to provide any materials, approvals or other communications within 5 days of any request. Any delay due to lack of Client communication is not a breach by Indie Copy of this Agreement.
7. Copyright and Fair Use Policy
At Indie Copy, LLC, we respect the intellectual property rights of others and strive to comply with all copyright laws and regulations. The following policy outlines our approach to copyright and fair use on our website.
7.1 Copyrighted Materials All content on this website, including text, graphics, images, videos, and other materials, is protected by copyright and other intellectual property laws. The content on this website may not be copied, distributed, modified, or reproduced in any form without the express written permission of Indie Copy, LLC or the respective copyright owner.
7.2 Fair Use We recognize that there may be limited circumstances where the use of copyrighted materials may be considered fair use under the law. Generally, fair use includes the use of a small portion of a copyrighted work for the purpose of criticism, comment, news reporting, teaching, scholarship, or research.
To determine whether a particular use of copyrighted material is fair use, we consider the following factors:
- The purpose and character of the use
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole
- The effect of the use on the potential market for or value of the copyrighted work
Examples of fair use may include quoting from a book in a book review, using a small portion of a song in a music critique, or using a screenshot of a movie in a news article.
Requests for Permission
If you wish to use copyrighted materials in a way that is not covered by fair use, you must obtain permission from the copyright owner. Please contact Indie Copy, LLC at [email protected] to request permission to use copyrighted materials.
If you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please contact Indie Copy, LLC to report the infringement.
By accessing or using this website, you agree to comply with all copyright laws and regulations. Indie Copy, LLC reserves the right to remove any content that violates these policies or that we believe may infringe on the rights of copyright owners.
8.1 Indie Copy, LLC is an independent contractor, not an employee. I will provide services under Client’s general direction, but I will determine the manner and means of how the services will be accomplished and delivered.
8.2 Indie Copy reserves the right to assign work to subcontractors to ensure project deliverables are met. All subcontractors adhere to Indie Copy standard and style of copywriting. Client is not to have direct contact with the subcontractor without the authority of Indie Copy.
8.3 Indie Copy retains the right to reproduce, publish and display the final version in our portfolio, and online marketing materials, including social media or other promotion and to be credited with full authorship. If Client would prefer this not to occur, please notify Indie Copy in writing.
8.4 Client and Indie Copy acknowledge that by reason of our relationship, some confidential information may be disclosed. We agree to maintain such confidential information in strict confidence and disclose the confidential information only to those who have a need to know such confidential information to fulfill the terms of this Agreement.
8.5 If any provision of this Agreement is deemed by a court of competent jurisdiction to be unenforceable, an enforceable provision will be substituted, but all of the remaining provisions will remain in full force and effect.
8.6 This Agreement may be modified, terminated, or waived at any time by separate agreement or amendment in writing signed by Indie Copy and Client.
8.7 This Agreement is governed by the laws of the state of Texas and Client agrees to the jurisdiction of the courts of the state of Texas, specifically, Dallas county.
8.8 The rights granted in this Agreement are cumulative, and election of one will not constitute waiver of the right to assert other available remedies.
8.9 Testimonials Disclaimer. In accordance with Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising concerning the use of endorsements and testimonials in advertising, please be aware of the following:
Testimonials appearing on this website are received in various forms via a variety of submission methods.
The testimonials, statements, and opinions presented on www.indiecopy.com are applicable to the individuals who wrote it. Results vary and may not be representative of the experience of others. The testimonials are voluntarily provided and are not paid, nor were they provided with free products and services, or any benefits in exchange for their statements.
The testimonials are representative of client experiences but the exact results will be unique and individual to each individual.
The testimonials displayed are given verbatim except for grammatical or typing error corrections. Some testimonials may have been edited for clarity, or shortened in cases where the original testimonial included extraneous information that is of no relevance to the general public.
8.10 Affiliates Disclosure. Some of the links on this website are “affiliate links.” That means if you click on a link and purchase the item, Indie Copy, LLC receives an affiliate commission. Please note, Indie Copy, LLC only recommends products or services that will add value to you. Indie Copy, LLC discloses this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising. If an affiliate link is listed, Indie Copy, LLC will disclose it to you at the bottom of each blog post, page, or email newsletter, if applicable.