In these terms and conditions (Terms), the Client refers to any person, company or entity that enters into a contract with Stray Bullet (“us”, “we”, “our”). All contracts with Stray Bullet are subject to these Terms and take precedence over any others, expressed or implied, and regardless of whether it is the Client’s general practice to conduct similar engagements under their own terms and conditions. By contracting Stray Bullet, the Client acknowledges that they have read and agree to be bound by these Terms.
1. Website
Your access to and use of this website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the website. By accessing or using the website you agree to be bound by these Terms. If you disagree with any part of the terms then you should not access the site.
Links To Other Web Sites
Our website may contain links to third party websites or services that are not owned or controlled by Stray Bullet. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Stray Bullet shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
2. Working process
(a) Stray Bullet will produce an estimate, if required, to deliver copy or design proofs based on the information supplied by the Client. Stray Bullet reserves the right to amend the amount if the brief changes. Estimates are valid for 28 days.
(b) When working for a Client for the first time, or if the Client is not a UK Limited Company, Stray Bullet may require a deposit of 50% of the total estimated fee when the project begins.
(c) On receipt of written confirmation by the Client, the project and therefore a contract will be considered initiated.
(d) Design work will include three rounds of amends with further rounds of amends subject to additional fees at the current hourly rate.
(e) The Client will receive an invoice upon approval of the completed project. If Stray Bullet does not receive any comments or revisions within 7 days of submitting a completed draft, the project will be considered complete and an invoice will be issued.
(f) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of the written style, composition, editing or interpretation of the Client’s needs, amendments or circumstances. If the Client decides to abort the project at any stage, finish the work themselves, or engage another copywriter, Stray Bullet reserves the right to charge the Client the full cost of the estimate if the project is already underway.
3. Copyright
(a) Until final payment is made, copyright of the work belongs to Stray Bullet. Once payment is made, copyright passes to the Client. See https://www.gov.uk/guidance/ownership-of-copyright-works for details. Stray Bullet reserves the right to use samples of the work in self-promotion only.
(b) If any material or information sent to Stray Bullet by the Client for the purposes of a project is the work of another person or company, Stray Bullet will make every effort not to breach the copyright of the owner. However, the Client must indemnify Stray Bullet against any action arising, directly or indirectly, as a result of use of this content as reference material.
(c) Any sample copy displayed on this website is copyright of the commissioning company or Stray Bullet, and is displayed for information only. It may not be copied or adapted for any use, save to demonstrate Stray Bullet’s work for a possible future commission.
4. Use
Upon final payment by the Client, Stray Bullet grants permission for the use of the work in the publications, adverts, websites or other channels for which they are commissioned. Stray Bullet reserves economic rights and may charge extra if the work is used in channels for which they were not commissioned.
5. Confidentiality, Security & References
(a) Stray Bullet will keep confidential and not disclose to any third parties all material or information communicated for the purposes of the project, save as may be reasonably necessary to undertake the commission.
(b) If the Client requires a Non-Disclosure Agreement to be signed by Stray Bullet, the Client must indemnify Stray Bullet against any action whatsoever by the Client or its contacts, associated with the accidental disclosure or loss of this information.
(c) If required by the Client, Stray Bullet will provide details of two referees who are previous or current clients.
6. Indemnity
(a) Stray Bullet shall not be liable for any loss or damage suffered by the Client or by any third party, arising from the use or reproduction of any words or phrases created as part of any project.
(b) The Client must ensure that all necessary rights or consents, which may be required for reproduction, are obtained. Stray Bullet gives no warranty that any such rights or consents have been obtained, whether in relation to the use of names, people, trademarks, registered or copyright words or phrases. In the event of reproduction by, or with the authority of, the Client, then the Client shall indemnify Stray Bullet against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
(c) If a Client commissions Stray Bullet to work for one of their own clients or any third party, the contract will be between the Stray Bullet and the original Client, not the third party, unless agreed in advance. The Client will also indemnify Stray Bullet against any claim for compensation, costs or damages from the third party, brought about as a direct or indirect result of the use or misuse of the material supplied.
(d) If a contract is made directly with any contact, client or lead of the primary Client, Stray Bullet reserves the right to enter into this contract and develop the relationship further without any compensation or commission being due to the original Client.
(e) While the greatest care is taken to ensure that no errors of any kind are present in any completed draft, the ultimate responsibility for checking and approving the project is with the Client. The Client therefore indemnifies Stray Bullet for any costs or damage incurred as a result of any errors appearing in the final published form of the project, whether or not they appeared in any completed draft by Stray Bullet or occurred in subsequent manipulation of the copy.
(f) In any situation where Stray Bullet is shown an existing copy draft as part of a brief, the Client acknowledges that any draft completed by Stray Bullet may bear similarities, inevitable or otherwise, to the original. In this case, any draft by Stray Bullet will still be considered original material, subject to the terms of any contract, without regard for the existence of the original copy draft shown. The copy draft shall be considered reference material and the Client must indemnify Stray Bullet against any action arising, directly or indirectly, as a result of use of this content.
7. Payment Terms
(a) Payment is due by the date on the invoice by cheque or by automated credit transfer (BACS), unless otherwise agreed. This is regardless of a Client’s own payment practices.
(b) Stray Bullet will exercise its statutory right to claim interest and compensation for debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998, if payment is not made on time.
(c) Stray Bullet reserves the right to suspend ongoing services and also reserves the right to advise any third parties, to whom this suspension of service may affect, in the event of an overdue invoice.
(d) Retained work, typically monthly social media management contracts, will be invoiced one month after the date management commences and monthly thereafter. There is no minimum contract, but Stray Bullet must receive one month’s notice in writing to terminate the contract.
8. Variation
These terms and conditions shall not be varied, except by mutual consent between Stray Bullet and the Client, in writing.
9. Applicable Law
These Terms shall be governed and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
10. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.
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