Terms and conditions of business
1. Proposals, Briefs and Consultations
1.1 Simon Kohli produces price estimates, brief proposals and initial consultations free of charge. Consultancy is provided in good faith based on his knowledge of your needs and within Simon Kohli’s specific area of expertise. He cannot accept liability of any kind for actions that client businesses take, or refrain from taking, as a result of acting on his advice.
1.2 If the project is very large or complex, or work is required in order to clarify its scope and timescale, he may ask that the creation of the proposal be regarded as a chargeable task in itself, to be invoiced separately from the main project if you decide not to proceed.
2. Extra work and Additional Charges
2.1 Simon Kohli reserves the right to make additional charges in some situations, for example:
a. Changes: Reasonable changes (affecting up to 20% of the text) are included as part of the charge for writing text. Changes that affect over 20% of the text, or substantively change an agreed structure or running order, may be charged extra.
b. Re-submissions: The charge for editing supplied text may be re-applied if you supply a new version that supersedes a version previously understood to be final.
2.2 Unused/deleted material: No cost reduction is applicable in the event that you delete, request that he delete or decide not to use text that Simon Kohli has created as previously agreed.
3. Dates and Timelines
3.1 If proposals include information on dates and timing, clients should bear in mind that if particular dates are missed, it may not be possible to meet the time commitments given later on in the timeline.
3.2 Please note that it may not be possible for the entire timeline to be ‘moved back’ by a given number of days, as it may depend on the availability or workflow of third parties. The timings of weekends and holidays can also have an impact, for example if approval to print is given on a Friday rather than a Thursday.
Simon Kohli will provide up-to-date information on timings as projects progress.
4. Purchase Orders
4.1 Before beginning work on your project Simon Kohli requires a purchase order of some kind from you. This can be a formal document if your organisation uses them, or simply an email confirming the scope of the work and fee.
4.2 In the situation where the agreed fee has been ‘used up’ without the work as detailed in his proposal being completed, he reserves the right to cease work and wait for a further purchase order before continuing.
5. Pricing, Payment and Invoice
5.1 The price of the project will be agreed by you (the client) and Simon Kohli. To protect against project termination, once the price and brief has been agreed, you will be expected to pay half the fee up front. In the event that you cancel the project half-way through the timeline, Simon Kohli will not refund the upfront payment.
5.2 On completion of the work, Simon Kohli will submit an invoice to you for the agreed amount. He will not submit an invoice that differs from the original estimate without prior agreement.
5.3 On larger projects (retained services) Simon Kohli may request the right to invoice monthly, or at agreed project milestones. By entering a contract (for retained services) with Simon Kohli, you promise to honour the agreement.
5.4 Simon Kohli’s terms for payment of invoices are 5 days from date of invoice.
5.5 By using this service, you agree to settle any outstanding invoices within the set timeframe. You accept that you may face legal action in the event of non-payment.
6. Copyright and Imprint
6.1 Copyright in all published content (such as text and designs produced on your behalf) will pass to you on payment of your invoice, with the exception of licensed materials such as photography, which remain the property of the licensor and subject to their terms and conditions.
6.2 Please note that under UK law, all printed materials must bear the imprint (name and address) of the publisher, which is the client and not Simon Kohli.
6.3 You accept all responsibility for any copyright issues arising from the publication of content (produced by Simon Kohli) that summarizes, rephrases or otherwise refers to third-party sources at your request and as part of the agreed assignment.
7. Fair Dealing
7.1 Notwithstanding the above clauses on copyright and imprints, unless explicitly agreed otherwise or explicitly requested by you, by commissioning Simon Kohli you grant him permission to:
a. refer to you on his website as a client
b. describe the work he has done for you (on his website) i.e. portfolio
c. quote the text he has written for you (on his website or any marketing material)
d. include representations of any designs produced as part of the work on his site
e. include an appropriate credit in printed or online publications produced on your behalf.
f. Copyright held in your published materials or trademarks will be acknowledged.
8. Content Disclaimer
8.1 Although Simon Kohli will make every effort to avoid errors, omissions, misrepresentations, inaccurate implications and other inaccuracies in the content , the final responsibility for published material remains with the client. Simon Kohli cannot accept liability for any inaccuracies or libelous material. Before publishing, it is your responsibility to make sure the content is correct and within the law of whichever country you reside in.
8.2 Simon Kohli cannot accept responsibility or liability of any kind for any loss or damage, whether material, financial, commercial or reputational, that you incur as a result of your choosing to publish materials that he has worked on.