Terms of Trade

LAST UPDATE: 19 June 2017

  1. DEFINITIONS
    1. “Client” – The business or individual specified in the quote is the contracted Client.
    2. “Provider” – Richard Cosgrove of 483 Green Lanes, London, N13 4BS (trading as RC Editorial and Richard Cosgrove Editorial Services).
    3. “Parties” – refers to the Client and the Provider.
  2. COMMISSIONING
    1. The Provider will accept commissions via email (editorial@richardcosgrove.co.uk), telephone (+447958 915155), or by post (483 Green Lanes, London, N13 4BS).
    2. The Provider requires written confirmation of acceptance of quotes – by email or letter – given to Clients.
  3. QUOTES
    1. The quote provided to the Client by the Provider will specify the exact nature of the goods/services to be provided.
    2. Work quoted at a fixed price includes only the goods/services specified in that quote.
    3. All work requested by the Client outside that originally quoted will be quoted for separately.
    4. The right is reserved to change the final price of work quoted at a fixed price.
    5. The final price on estimated quote may vary from that quoted.
    6. Quotes are valid for 30 (thirty) days, once given.
    7. Written confirmation, by letter or email, from the Client indicating work should proceed, constitutes acceptance of a quote.
    8. Standard overtime rate is equal to hourly rate. Minimum overtime charge is one hour.
  4. THE CONTRACT
    1. When the Client accepts a quote given by the Provider, this forms the basis of the contract between the Parties.
  5. VARIATIONS IN CONTRACT
    1. All alterations in the agreed contract – including work outside that quoted – shall be agreed to in writing before the work shall begin.
  6. TRANSFER OF WORK
    1. The Provider reserves the right to subcontract the agreed work to another party for completion.
    2. The Client shall be informed under these circumstances, and a new quote will be provided if necessary.
  7. ESTIMATES
    1. Estimates of time required for work to be completed are not guaranteed to be accurate.
    2. The Client will be informed when work has started and if it is anticipated that the estimated completion date will not be met.
  8. COPYRIGHT
    1. The quote shall detail rights granted to the Client.
    2. The Provider shall retain all relevant moral rights in original work.
    3. The Client shall guarantee that it owns or holds proper licences and/or permissions on all intellectual property supplied to the Provider (including, but not limited to, images, written work, templates and fonts).
    4. Further, the Client shall:
      1. Supply the Provider with all licences and permissions regarding intellectual property required by the Provider to complete the work.
      2. On demand, supply the Provider with written guarantees that all licences and permissions retained by the Client extend to the Provider while the work continues.
      3. On demand, supply the Provider with copies of licences and permissions mentioned in parts (i) and (ii) above.
    5. The Client agrees to indemnify and take sole responsibility for failure to supply the Provider with the required permissions and licences to allow the Provider to complete the work.
  9. PLAGIARISM AND COPYRIGHT VIOLATIONS
    1. The Provider reserves the right to refuse or terminate services provided to a Client if the Client’s material submitted is found to contain plagiarised material.
    2. In the event of such termination, the Client will remain liable for the cost of all agreed work completed by the Provider until the point of termination.
  10. TERMS OF PAYMENT
    1. Payment is due within 30 (thirty) days on delivery of completed work, unless otherwise specified in the quote. Payments not settled within this period will be deemed late payments.
    2. The Provider reserves the right to charge interest and compensation on late payments.
    3. Any legal costs incurred while pursuing a debt will be chargeable to the debtor.
    4. Payments are accepted by the following methods:
      1. Personal or business cheque or banker’s draft, made payable to Richard Cosgrove, or
      2. Company or personal credit, charge or debit card via PayPal, or
      3. Direct bank funds transfer, or
      4. PayPal funds transfer.
    5. The Provider reserves the right to not deliver goods until payments have been cleared. Please note cheques usually take 4 (four) working days to clear, and funds transfers up to 10 (ten) days. The Provider reserves the right to require a deposit on the Client’s acceptance of a quote. Client’s obligation to pay Provider when payments are due is independent of Client receiving payment from the Client’s customer(s).
  11. DELIVERY OF WORK
    1. The Client will receive work by the completion date agreed with in writing. Unless otherwise specified in the quote, completed work will be supplied to Client via:
      1. Email, or
      2. Uploading to Client’s server or web host, or
      3. On CD or DVD sent to Client by recorded delivery.
    2. The Provider is not liable for delays due to late delivery by the Client or by other suppliers.
    3. The Client is responsible for copies of completed work.
    4. The Provider is not responsible for work lost by the Client or during delivery.
  12. LIABILITY FOR UNSATISFACTORY WORK
    1. The Client has 7 (seven) days from delivery to identify any errors or omissions in the Provider’s work. After this time the Provider will judge the Client as having accepted work as being free from error.
    2. The Provider guarantees to resolve any defects with work supplied within 7 (seven) days of notification and delivery of defective material is received.
  13. INDEMNITY
    1. The Client will indemnify and hold harmless the Provider from claims resulting from use of services provided by this Provider.
  14. CANCELLATION OF WORK
    1. The Client must provide written notice of the cancellation.
    2. Notice given by email is acceptable.
    3. The Provider reserves the right to charge a cancellation fee, equal to a percentage of the fee agreed between the Parties when the work was confirmed.
    4. Notice period and cancellation fees
      Same day: 100%
      1-7 days: 100%
      8-14 days: 75%
      15-21 days: 50%
      22-28 days: 25%
  15. ADDITIONAL HOURS
    1. The Provider retains the right to charge the Client an hourly overtime rate between 100% to 200% if they request or expect the Provider to work additional hours beyond what Parties agreed when the shifts were confirmed.
    2. In the event that extending working times prevent the Provider from meeting an obligation to another Client, the Client shall be liable for lost fees.
    3. The minimum fee for overtime worked is equal 1 (one) hour.
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