Last Updated 24 April 2024
These project terms and conditions are part of the contract you enter into when you engage The
Speechwriter. Please read them through carefully, and get in touch if you have any question.
These Terms and Conditions apply to all work provided by: THE SPEECHWRITER
Trading as: THE SPEECHWRITER AUSTRALIA
ABN: 19181600901
Definitions
“You” is the client, its employees, and agents.
“We”, “Us” and “Our” is The Speechwriter, its employees, and agents.
1.Quotes & Proposals
1.1. All quotes and proposals are valid for 30 days from submission date.
1.2. All quotes include:
1.2.1. Two rounds of revisions at no extra charge.
1.2.2. Additional fees, at an hourly rate of $250, will be charged for any additional revisions.
or proofreading outside of the proposal scope.
1.3. You have maximum of 14 days from submission of first draft to respond with revisions.
1.4. Additional fees, at an hourly rate of $250, will be charged for any additional revisions or
proofreading supplied after the 14-day revision period.
1.5. This quote does not include (unless specifically stated):
1.5.1. Liaison with other agents such as graphic designers or web developers.
1.5.2. Meetings outside of the initial creative brief.
1.5.3. Travel time for onsite meetings.
2.Deposits
2.1. A non-refundable deposit of 50% of the total amount quoted is required on approval of
quote before work can begin.
2.2. Where the amount is less than $1500, the full amount is required on approval of quote.
before work can begin.
2.3. The deposit invoice must be paid before any project work can begin.
3.Payment
3.1. The final invoice will be issued 14 days after we send the first full draft to you or when
final sign off is given (whichever occurs first).
3.2. Payment terms are 7 days from the date on your invoice.
3.3. We reserve the right to charge you interest on overdue accounts at a rate of 10% for the
first 21 days overdue and 20% thereafter.
3.4. If we engage a third-party organisation to recover your debt, you are responsible for paying
the additional costs involved, including any legal expenses.
3.5. You can pay via bank transfer (preferred) or PayPal.
3.6. PayPal payments incur a 2.5% surcharge or 3.5% for payments from overseas.
3.7. If your project is urgent and requires a first-draft turnaround of less than 2 working days,
a rush loading of 25% will apply.
3.8. Any costs additional to the Services ordered (including couriers, other media, and travel
costs) are in addition to the amount quoted and will be charged to you as required. These
costs will be itemised separately in the invoice.
4.Face To Face Meetings
4.1. Additional face-to-face meetings can be added to the project at your request.
4.2. Face-to-face meetings will be charged at our hourly rate of $250, and will include any
necessary travel time.
4.3. Meetings must be cancelled at least 24 hours beforehand, or the full charge of the meeting
will be added to your final invoice.
5.Changes In Scope
5.1. Any modifications to the original project brief during the course of execution will render the
provided quotation invalid.
5.2. Additional fees/charges may be applied to cover the time and expenses required to
complete any new work.
5.3. The new quote will need to be approved, and the revised deposit paid, before work can
restart.
6.Timeframes
6.1. We endeavour to deliver all work by the agreed deadline. However, circumstances beyond
our control – including major illness or family emergencies – may prevent us from getting
work to you on time.
6.2. We will inform you within two business days if there are any timeframe issues.
6.3. Unless otherwise agreed, you will provide information and amends to use within seven
days.
6.4. If we are unable to complete work because we have not received information from you, we
will continue the project at our next opportunity. This may affect your overall timeline.
7.Communication
7.1. You are asked to nominate one primary contact for all revisions and contact throughout the
project.
7.2. If you do not communicate with us for 30 days, the project will be deemed closed and any
final amount owing will be billed.
8.Confidentiality
8.1. If we have signed a separate confidentiality agreement or Non-Disclosure Agreement with
you, that agreement takes precedence.
8.2. We will not disclose any information that you indicate is confidential.
8.3. You agree not to disclose any information about our pricing structure or project
documents.
8.4. We reserve the right to use your projects for our own promotional use unless we have
signed a Non-Disclosure Agreement precluding this.
8.5. We may approach you for a testimonial after the project is completed to your satisfaction,
although provision of the testimonial is not obligatory.
8.6. We reserve the right to refer to this project and your business name, and to use your logo
and content for promotional or educational purposes.
9.Termination
9.1. You may terminate the job at any time via email.
9.2. If you terminate the job, we will invoice for the total stage in progress at the minimum
estimated fee.
9.3. We may terminate the job at any time via email.
9.4. If we terminate the job, we will invoice for the total stage in progress at the minimum
estimated fee.
10.Risk
10.1. We are not responsible for any delivery delay if the delay or failure to supply is caused
by matters beyond reasonable control including, without limitation:
o Natural disasters
o Power failure
o Equipment failure
11.Copyright
11.1. You gain full copyright and intellectual property rights for any work delivered by us
when you complete the final payment.
11.2. Until final payment is received, we retain the intellectual property rights for all work
delivered.
12.Claims & Liabilities
12.1. We endeavour to ensure that our work doesn’t infringe on any copyright or other right
of a third party.
12.2. We are not liable in any way for any direct, indirect, incidental, special or
consequential losses or damages resulting from use of services including but not
limited to: loss of data and other intangibles; costs or damages resulting from or related
to any services purchased or obtained, or resulting from unauthorised access to, or
alteration of your transmissions or data.
12.3. You agree to indemnify and to hold us harmless against any and all claims, costs,
and expenses, including solicitors’ fees, due to materials included in any work
undertaken at your request.
12.4. All materials provided by you are assumed to be legal and accurate.
12.5. You are responsible for checking the factual accuracy of the content for this project.
12.6. We work hard to ensure our work is free from errors, but we don’t offer an error-free
guarantee. You are responsible for final approval.
12.7. We take no responsibility for the material and how it is used once you have approved
the final draft.
12.8. If you wish to make a claim about incorrect performance or breach of these Terms
and Conditions, you must send it in writing to us within six months of delivery.
12.9. Any imposed liability shall be limited to resupply of information or services.
13.Entire Agreement
These Terms and Conditions constitute the entire agreement and understanding of the parties, and
supersede any previous agreement between the parties. A waiver of a breach of any of the
provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the
same or other provisions.
These Terms and Conditions shall be governed by Australian law, and the parties hereby agree to
submit themselves to the exclusive jurisdiction of Australian Courts.
14.Terms & Conditions Complaints & Enquiries
If you have any queries or complaints about our Terms & Conditions, please contact us in writing at:
admin@thespeechwriter.com.au Your query will be reviewed and replied to within 28 days.
