A quick summary
In short, by asking me to write you a speech you agree to the following terms
- To agree the speech requirements in writing, and pay me the full agreed amount, before I start work
- Not to sue me
- That you will waive your costs if you cancel the contract after I have started work.
And I agree
- To provide you with a bespoke speech, written to your requirements, by an agreed date, barring all unforeseen circumstances.
- To give you the right to use the speech, or reproduce it for free, once it is finalised and payment has been received.
- To provide a refund if you are not happy with the speech as outlined in my money back guarantee.
- To refund you in full if you cancel my engagement before I have started work on your speech.
The full terms
In this agreement between Simon Hembra (“the Writer”) and you (“the Client”) these terms shall apply.
- The Client shall pay the agreed fees (“the Fee”) to The Writer in advance of the Writer Commencing work.
- Engagement of service
- The Writer will provide a final draft of a bespoke speech (“the Goods”) for The Client.
- The terms of the agreement (“the terms”) shall be confirmed prior to the Writer starting work and shall include at least the following information:
- The type of speech required
- The length of the speech (in minutes, where each minute is judged to be 100-140 words)
- The agreed Fee
- The proposed completed date of the Work (“The Deadline”)
- The writer shall not have been judged to have commenced working on the Goods (“started work”) until the the terms are agreed by both parties, the fee has been paid in full, and the writer has made initial contact with the Client, in whatever form, following payment.
- The service
- The Writer will provide the goods to the client by the deadline.
- In the event of any delay which is outside either The Writer’s or The Client’s Control, including but not limited to failure of IT Systems, injury or death, the writer shall be allowed further reasonable time to provide The Goods.
- If The Goods are delayed due to the actions, or omissions, of the Client, the Writer shall not be liable for late delivery of the Goods and will be allowed further reasonable time to proide the goods as well as compensation for any incurred costs which are extra to the fee.
- If the Writer fails to provide The Goods by the Deadline for any reason other than those stated above the Client shall be entitled to recover the cost of The Goods limited to The Fee.
- Although the Writer will make every effort to ensure The Goods are as agreed it is the Client’s duty to approve The Goods before accepting them. As such the Writer accepts no responsibly for any damages, either financial, emotional, or otherwise, which are incurred by the Client or any other party as a result of The Goods, or of this agreement, with The Writer.
- The Writer’s maximum liability shall be limited to the amount of the fee.
- Ownership of the work
- Upon agreement of the finished draft and receipt of the fee the writer agrees to give limited copyright of the goods to the client. The client may use the speech for its intended purpose and reproduce it free of charge, but may not sell or otherwise profit from the content of the speech.
- Right of cancellation
- The Client has to right to cancel the agremeent with a full refund of The Fee at any point up until The Writer has Started Work.
- If The Client cancels the agreement after the writer has Started Work, The Writer will retain The Fee in full.
- For the benefit of doubt the Client agrees to waive all rights to the Fee, in Full, once the writer has started work, except in the event of the writer’s failure to provide the goods before the deadline.
- In the event of cancellation by the client, for whatever reason, the client loses all right to ownership of the goods. All rights will instead be held by the writer.
- Money back guarantee
- The client has the right to a full refund of the fee if they are feel that the terms have not been met by the writer.
- To claim a full refund of the fee the client must provide the writer with a copy of the speech they will use, or have used, in place of the goods, which must be judged to be legally distinct from the goods.
- This will be considered to be a cancellation of the terms by the client and the writer will retain, or regain, full legal ownership of the goods.
- The Contract shall be interpreted in accordance with English Law and subject to the non-exclusive jurisdiction of the Courts of England and Wales.