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TERMS OF SERVICE

BY PURCHASING ANY PRODUCT OR 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 provided by Write Way Up:

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 is delivered, or until 'The Agreement' is terminated. 

The Work: The project, deliverables, products or services that Write Way Up agrees to provide 'The Client'.

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

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

RESPONSIBILITIES

Write Way Up will:

  • At its discretion, request The Client, fill in an online briefing form.

  • Attend an online 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 providing a product or service to The 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.

  • Retain intellectual property rights to its templates, formats, approaches, frameworks, indefinitely. 

  • 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.

  • Provide access to the relevant software, platforms and files 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 The 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.

  • Pay Write Way Up's invoice before work commencing, 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 will be as per the agreed brief. The Client acknowledges, by accepting the quote, it agrees to the brief or detailed quote and these terms of service. 

REVISIONS

  • Any copywriting, creative or non-strategic written work produced as part of The Work will include one round of refinements, within reason (not a rewrite), with additional alterations charged at an agreed hourly rate. 

  • Any strategic documents, plans or recommendation-based documents will not include refinements, as The Client can select to use them in their entirety, select which parts they use, or not use them. 

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 days 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, to sell the work to any other company once an invoice is 14 days overdue, or to sell the outstanding debt to a debt collector. 

  • 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 for any strategic, project management, copy, creative or project-based work once it has been shared with or 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. Retainer work will be prioritised first, ongoing project work second, new project next, and ad hoc work last, in the first available gap. 

  • 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 monthly content retainers 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. The Client must make themselves available for a meeting for one hour mid each month to inform the monthly content plan. The Client must accommodate 80% of the content being planned and scheduled up to 30 days in advance.

  • 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.

  • Retain intellectual property rights to its templates, formats, approaches, frameworks, indefinitely, and does not pass any licence for its use onto The Client or anyone else, unless explicitly agreed to in writing. 

TERMINATION

  • For a project, The Client may terminate the work at any time, with 14 days' notice, but will be liable for all costs incurred by Write Way Up to the point of termination notification and fees that were agreed for the 14 days' notice period. 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 any retainer work or content retainers, The Client must provide notification of termination no later than the 14th day of the month, acknowledging that the agreement will terminate on that 14th day and The Client must pay all agreed fees to that point. 

  • 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, and for seeking legal advice to clarify any legal risks. 

  • 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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