TERMS AND CONDITIONS OF BUSINESS
‘The client’ refers to any company or organisation that commissions Steve Coxon to carry out any work on their behalf. ‘The agency’ refers to any advertising agency, design consultancy, public relations consultancy or other professional communications company or adviser that commissions Steve Coxon to carry out work on their behalf. ‘Commission’ refers to the appointment of Steve Coxon to carry out work in return for payment. ‘Brief’ refers to the information, whether verbal or written, supplied by the client or agency to enable Steve Coxon to carry out work on behalf of the client or agency. ‘Copy’ refers to copywriting carried out by Steve Coxon. ‘Concepts’ refers to ideas for communications – including headlines and/or images – provided by Steve Coxon in response to a brief from the client or agency.
Acceptance of Commissions
Briefs from a client or agency will only be accepted when supported by an official purchase order from the client or agency. At Steve Coxon’s discretion, commissions may, from time to time, be accepted from established clients without a purchase order. No commission can be regarded as accepted by Steve Coxon unless acknowledged as such, in writing. Steve Coxon reserves the right to reject any commission offered. Acceptance of commissions is made only on the understanding that these Terms and Conditions of Business have been fully read, understood and accepted by the commissioning client or agency and that these Terms and Conditions cannot be superseded, excepting when any deviation from these Terms and Conditions is agreed specifically in writing by Steve Coxon.
Up to date fees charged by Steve Coxon are available on request from Steve Coxon. The fees for any particular commission will usually be quoted in advance by Steve Coxon, unless it is impractical to do so. A quote for fees for a commission does not imply acceptance of the commission by Steve Coxon. Where commissions are accepted by Steve Coxon and there are subsequent, significant changes to the scope of the brief or the commission, Steve Coxon reserves the right to adjust fees to cover any additional costs or time involved; such additional fees will be quoted at the time to the client or agency.
Completion of Commissions
A commission is regarded as complete once it has been delivered to the client or agency by post, e-mail, by hand, by courier or by other means and the client or agency has not asked Steve Coxon to carry out further work on the commission within 5 working days of delivery. Within this context, ‘Delivered’ and ‘delivery’ mean: despatched from Steve Coxon. Proof of despatch will be available on request.
It is the responsibility of the client or agency to ensure that they have legal right to use illustrations, photographs, other images, graphical devices, trade marks, service marks, logos and any other item that forms part of the brief or the completed commission.It is the responsibility of the client or agency to ensure that the copy or other work delivered by Steve Coxon complies with all relevant laws, regulations and other statutory instruments that may apply to the content or terminology used in the copy or other work. It is also the responsibility of the client or agency to ensure that all facts and spellings are accurate. Steve Coxon does not indemnify the client or agency against nor accept liability for any consequential loss caused by inaccuracy, late or lost delivery, misuse of copyrighted materials or claims for damages or redress from third parties; this condition cannot be nullified by or altered by any reference to such indemnity or claim for consequential loss contained in any official purchase order supplied by any agency or client to Steve Coxon.
The normal terms for payment of invoices from Steve Coxon are 30 days from the date of invoice. Extended credit periods may be granted at the discretion of Steve Coxon from time to time. Steve Coxon reserves the right to charge interest at 5% per month (calculated on a daily basis) over and above the base rate set by the Bank of England (or 0.1&, whichever is greater) on invoices that remain unpaid 30 days after the invoice date. The accrued interest would be added to any claim pursued through the courts.
Copyright in all original material, including copy amended by Steve Coxon from existing text supplied as part of the brief by the agency or client, rests with Steve Coxon. Copyright for usage of the material in ways detailed in the brief passes to the client or agency only upon receipt of complete payment for the commission. Steve Coxon reserves the right to show the work (unless subject to a separate Non-Disclosure Agreement) to other potential clients, including publication in the portfolio section of www.coxon.com (or any website owned and run by Steve Coxon).
These terms and conditions of business are governed by English Law.
Updated April 2020