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TERMS OF SERVICE

BY PURCHASING ANY PRODUCT OR USING ANY SERVICE FROM WRITE WAY UP, YOU ARE AGREEING TO THE BELOW TERMS OF SERVICE

The following terms of service apply to every product or service purchased from Write Way Up through this website or by other means, including directly, offline. 

DEFINITIONS

 

Parties: 'Write Way Up Communication' (Write Way Up) and 'The Client'.

The Client: The purchaser of a product or service from Write Way Up, through this website, or by other means, including directly, offline.

The term: The period from when a product or service is purchased from Write Way Up, to when the service is completed or the product has been used, or until 'The Agreement' is terminated. 

The Agreement: These Terms of Service, as they apply to The Parties. 

The website: Any pages on https://www.writewayup.com

RESPONSIBILITIES

When a custom strategic, copy, project management or any other custom service is agreed or purchased, Write Way Up will:

  • Attend an online or in-person briefing session with The Client, of up to one hour, when the work is requested, to understand the project and provide an accurate quote. 

  • Provide a quote and any clarification required regarding deliverables, based on an agreed brief and timeline for delivery.

  • Set clear milestones for delivery and report back as milestones are achieved.

  • Deliver within the agreed timeframe, to the agreed brief, with the exception of when unforeseen conditions influence the outcome, or The Client influences or delays the timeframe. 

  • Provide a quote for any additional work or off-brief work and seek approval before commencing with the quoted work.

When a specific product or service, defined on the website, is purchased via this website or directly, offline, Write Way Up will:

  • Provide access, within two (2) business days, when possible, to the product if it is a recorded workshop or non-customised product, such as a template or guide.

  • Arrange a mutually agreeable date with The Client, if it is an individual live workshop.

  • Arrange a mutually agreeable date with The Client and all other workshop attendees if it is a live group workshop.

  • Contact The Client to arrange a detailed briefing for a customisable product or service, such as a visual brand package or content package, within two (2) business days to one week of online purchase or offline enquiry. We will then provide a quote if not already quoted/paid, with clearly defined scope, that must be approved prior to work being commenced.

  • If it is a customisable package or service, engage in an initial discovery meeting of up to one hour to commence the project/work. Meeting time additional to this initial hour, and to that specified in the package or service quote, will be outside the scope of work and charged at the standard consulting fee, unless a block of consulting is purchased at a discounted or sale rate.

  • Agree to a timeline for delivery with The Client for a customisable product or service, and deliver within this timeframe, with the exception of when unforeseen conditions influence the outcome, or The Client influences or delays the timeframe. 

  • Perform the work as per the specifications of the existing package or the agreed brief. If additional work is required, outside the agreed scope, or The Work is required within an urgent deadline, Write Way Up will first provide a quote for the additional or urgent work, and only commence once the quote has been explicitly agreed by The Client.

  • Provide regular updates via email or phone with regards to the progress of The Work, and will seek approval, before progressing, at agreed points.

  • Use Australian, native-speaking, qualified writers to produce any and all content requirements.

When providing a product or service to any Client, Write Way Up will: 

  • Not directly contact any other party on behalf of The Client, without the Client’s explicit permission.

  • Retain intellectual property rights to everything we produce as part of The Work, until full payment has been received.

  • When the work isn't paid through the website, provide an invoice, in line with Australian tax requirements, with clear instructions for payment method.

  • Reserve the right to sell the specific work to any other company or Client if The Client payment is not made within 2 weeks of the specified invoice due date.

  • Not be accountable or responsible for the work of third parties. 

When The Client purchases a product or service from Write Way Up, The Client will:

  • Use the product, service or output only as is explicitly permitted or is implied. 

  • Not use or implement, in any way, the work of Write Way Up until full, agreed payment is made.

  • Not share, copy, replicate or on-sell the intellectual property of Write Way Up with anyone outside of The Client. 

  • Provide a clear and agreed brief of what is required, if purchasing a product or service from Write Way Up, that is outside of the existing, pre-defined packages.

  • Provide direction or agree to provided direction for existing content packages before The Work commences.

  • Provide access to the relevant media platforms for completion of The Work, including but not limited to social media platforms and The Client's website.

  • Acknowledge that urgent work or work that falls outside the agreed scope, will incur additional fees, which must be quoted and agreed prior to additional work commencing. 

  • Provide reasonable timeframes for work, acknowledging that urgent or rushed deadlines may incur additional fees.

  • Provide approvals, feedback and payments in a timely manner, and understand The Work may be delayed if this does not occur.

  • Will pay Write Way Up's invoice before work commencing (if not paid on the website), as required, or within the timeframe indicated on the invoice from Write Way Up for the product or service. 

  • Acknowledge it must provide explicit, written agreement to The Work prior to The Work commencing, and once this agreement is provided, it is accountable for making full payment, as required and agreed.

SCOPE OF WORK:

  • The scope of work for products or services defined on the website will be as per the description on the website, unless otherwise agreed. The scope of work for custom products or services not specifically defined on the website, such as strategy, project management or non-package copy work, will be as per the agreed brief. By purchasing a product promoted online, The Client explicitly agrees to the description on the website or agreed alternatives if not available/possible. For products/services not on the website, The Client acknowledges, by accepting the quote, it agrees to the brief or detailed quote and these terms of service. 

REVISIONS

  • Brand packages based on existing designs available through this website will include one round of revisions to the artwork as it is originally displayed on this website. This one round of revisions may include update of name and tagline and contact details and colour change to the same number of colours in the original design. Any additional changes will incur a fee and will be quoted based on the brief. 

  • Original brand packages (custom-designed, not displayed on the website), based on a brief from The Client, will include one round of revisions, within reason. Work that constitutes a 're-design', such as a change of the logo image, shape, illustration, layout, or subsequent rounds of changes will incur additional fees, and will be quoted based on the brief. 

  • Any written, designed or content product or service will include one round of reasonable revisions (this does not include re-writes, but includes 'tweaks'). Additional revisions will be quoted and will incur additional fees.

  • Any content or copy work produced as part of a custom copy project will include one round of refinements, within reason (not a rewrite), with additional alterations charged at an agreed hourly rate. 

PAYMENT

  • The Client agrees to pay upfront for any products or services purchased through this website. 

  • The Client agrees to pay, in full, for any services or products purchased outside of this website, within the timeframe dictated by the invoice. This may be 100% upfront, 50% upfront, or 7 or 14 after completion, depending on the work or project. For upfront payments, work will not be scheduled until payment is received. 

  • Write Way Up reserves the right to charge interest, calculated weekly, on any overdue invoice, or to sell the work to any other company once an invoice is 14 days overdue. 

  • Write Way Up retains intellectual property rights to any strategic, content, copy, design or creative work until it is paid for in full.

  • GST will be applied to all invoices and may be additional to the quoted amount. 

REFUNDS

  • Write Way Up will not provide a refund to The Client for a brand package, template, online workshop,  content or creative work once purchase has been made, as the products and services requires sharing (but not passing on of ownership) of intellectual property and dedicated service time, that cannot be returned in full by The Client. 

  • Write Way Up will not provide a refund for any strategic, project management, copy, creative or other custom or project-based work once it has been delivered to the Client, as these services require sharing (but not passing on of ownership) of intellectual property and dedicated service time, that cannot be returned in full by The Client. 

  • If The Client feels the product or service is not satisfactory, Write Way Up will go to all reasonable efforts to rectify the problem, within the agreed brief. 

SCHEDULING OF WORK

  • Write Way Up works with multiple clients, and schedules work on a first-come-first-served basis, with the exception of urgent work, which may incur an additional fee, and may be scheduled immediately, as required, and undertaken after-hours so as not to impact the agreed schedules of other projects. 

  • The Client acknowledges that if it is delayed in providing feedback, approvals, content, research, briefs or other required communication, this will extend the deadline accordingly, and the deadline may be extended further, dependent on the existing schedule of all client projects. 

  • Content for content packages commences publication on the 1st of each month. Clients that have a rolling content package must notify Write Way Up by the 14th of each month if they wish to discontinue the service, as content preparation begins around the 15th of the month prior to publication. 

  • On occasion, extenuating circumstances, like illness, technical difficulties or other issues may delay the Work and result in deadlines not being met. If this occurs, Write Way Up will endeavour to inform The Client as soon as is practicable. 

  • Write Way Up is often booked up to 2 weeks or more in advance, but will do everything reasonable to accommodate deadlines for new work and projects. 

PROMOTION:

  • The Client agrees that Write Way Up may promote its project on its website or in related portfolios of creatives or other specialists who worked on the project/work, unless otherwise instructed in writing. 

INTELLECTUAL PROPERTY

  • Write Way up retains the rights to intellectual property for all content on its site, including courses, workshop, templates and any other content.

  • Write Way Up retains the rights to intellectual property for all content, design, strategic, creative and other work produced for The Client, until full payment is received from The Client. Third party rights, such as those for stock photos, remain with the third party.

TERMINATION

  • For a one-off project, The Client may terminate the work at any time, but will be liable for all costs incurred by Write Way Up to that point. Write Way Up will provide The Client with work completed to-date upon payment, and reserves the right to pass on the outstanding amount to a debt collector at its discretion and to publicise the failure of payment to other service providers, or to sell the work to any other company if an invoice is 14 days overdue. 

  • For a strategic, consulting, project management, or custom content/copy service, The Client may terminate The Work with 30 days' written notice. The Work will continue for 30 days, with a final invoice in arrears and advance issued at day 15, with payment required in 7 days. Alternatively, The Client may choose to terminate The Work immediately and pay out the remaining hours agreed for 30 days, within 7 days. If The Client does not pay the invoice for The Work, it does not assert any rights to the intellectual property produced as part of the Work, including tangible output, ideas and concepts. 

  • For Clients with a rolling content package, notice of termination of the package must be received by Write Way Up no later than the 15th of the month, prior to the next month of content publication, for example, by 15 October for November content. Notice provided any later, will incur fees.

  • Write Way Up loves working with people who are passionate, kind, ethical and respectful. We always treat clients and suppliers, in fact any and every contact, with respect, and we expect the same in return. Write Way Up reserves the right to terminate The Work immediately if The Client is behaving towards any of its project team in a disrespectful or inappropriate manner, or if The Client's behaviour could in any way, negatively reflect on Write Way Up, its consultants or brand. The Client, in this case, will be liable for any previously agreed costs incurred by Write Way Up in the course of undertaking the work to-date and any fees for the next 30 days of agreed hours if a retainer is in place. 

INDEMNITY

  • Write Way Up will go to all reasonable lengths to ensure the accuracy and minimal risk of all content, design and advice provided to The Client. The Client is responsible and completely accountable for reviewing and signing off its approval on all recommendations and advice prior to implementation, and any content, design or technical services prior to publishing, and is responsible for any and all intellectual trade mark and similar checks. 

  • The Client will indemnify Write Way Up for any claims arising out of the publication of any content, design or technical service, or implementation of any advice or recommendations provided by Write Way Up. 

LIABILITY

  • Neither party will, in any circumstances (including negligence), be liable to the other party for any loss of revenue, loss of profit, loss of anticipated savings or business, loss of opportunity (including opportunity to enter into or complete arrangements with third parties), or goodwill, loss of reputation, or any indirect or consequential loss, whether arising in contract, tort (including negligence) or otherwise. 

GOVERNING LAW

  • This Agreement is governed by and is to be construed in accordance with the laws applicable in New South Wales. 

  • Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.


 

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