Content Cryptid Terms and Conditions

These are the general terms and conditions of Content Cryptid. They accompany the quotation or order confirmation you have received from me. The terms and conditions are based on the general terms and conditions of Tekstnet, the Dutch professional association of copywriters. As is usual among Tekstnet members, I have tailored them to my own practice.

When I use ‘you’ or ‘your’ in these terms and conditions, I mean you as the client. When I use ‘I’, ‘me’ or ‘my’, I mean Red Bartle of:

 

Content Cryptid

Postbus 16684

1001 RD

Amsterdam

The Netherlands

 

Content Cryptid is registered with the Dutch Chamber of Commerce under number 94339449.

 

ABOUT THESE TERMS AND CONDITIONS

 

  1. When do these general terms and conditions apply?

These general terms and conditions apply to the quotation I have sent you, to the contract we conclude with each other and to all assignments I carry out for you. If you agree to my offer, you also agree that these terms and conditions apply to it.

 

  1. What happens if any part of these terms and conditions is no longer valid?

If a certain part of these terms and conditions is no longer valid, for example because the law has changed, the rest of the terms and conditions remain valid. Together, we then discuss a new agreement, which replaces the invalid part. To do so, we seek to be consistent with the purpose and scope of these terms and conditions.

 

  1. What do we do if something is not covered in these terms and conditions?

These conditions cover the most common matters. If one of us wants to make additional arrangements, we will discuss this together and record the new arrangements. To do so, we seek to be consistent with the purpose and scope of these conditions.

 

  1. What if you or I want to make other arrangements or use other conditions?

I can deviate from specific provisions in these general terms and conditions in my offer. In that case, those provisions no longer apply and what is stated in writing in my offer applies.

Do you want to make your own arrangements that deviate from these general terms and conditions or my quotation? Then those agreements are only valid once I have confirmed them by e-mail or post.

I explicitly reject your purchase conditions. If I do want to work on the basis of your purchase conditions, I will always confirm this in writing.

 

ABOUT THE QUOTATION PROCESS

  1. How do I make a proposal and quote?

Before I create a proposal for you, I offer you an introductory consultation. This is free of charge. On the basis of this meeting and your briefing, I will send you an offer.

If the initial consultation goes beyond an introduction and a discussion of your needs, I may charge for this. I may do this, for instance, if the consultation turns into a work meeting in which we already directly discuss possible solutions. If you would like a report of the meeting, with any proposals or advice, I will be happy to make it for you.

 

  1. When do we have an agreement?

There is an agreement when you give me written approval of the offer and I have confirmed the assignment. This can be by post or e-mail.

If you have not provided this written agreement, but you are already cooperating in the execution of the assignment, or you agree to me starting work, or if you have already made a down payment, you thereby give your agreement and the contract is approved and concluded.

 

ABOUT THE EXECUTION OF THE COMMISSION

  1. What can you expect from me during the assignment?

I will do my utmost to carry out the assignment to the best of my ability, and to ensure that my work meets the requirements you may expect of a professional copywriter. One of the ways I ensure this is by being a member of Tekstnet, the Dutch professional association of copywriters.

If we have agreed on a schedule for the assignment, it is indicative. I always strive to keep to it. My success depends partly on how quickly you provide the agreed information and feedback on my drafts.

 

  1. How do I handle confidential information?

If you provide me with confidential information during the assignment, I will treat it confidentially as well. I therefore ask you to clearly indicate which information is confidential.

I will only share the confidential information I receive from you with others if:

you have given your consent;

I am obliged by law to share the information;

the information is already publicly known.

This also applies to the (draft) texts I write, if you have indicated that they contain confidential information. I do not let others read these, unless they are associates of my own company acting in a professional capacity.

 

  1. How do we work together?

It is important to me that the assignment runs smoothly. If something is not going well, I would like to hear from you as soon as possible. Then we will try to find a solution together.

I may submit a draft for your approval. I then ask you to provide feedback on this draft as soon as possible, but at the most within 10 working days. If it arrives later, I may have to refamiliarize myself with the material. If this results in extra work, I will charge extra hours for this.

If no feedback has been provided on the draft after 20 working days, despite my reminders, then the assignment is considered delivered. In that case, I will charge you the fixed price agreed at the start of the assignment. If no fixed price was agreed, I will charge you for the hours I have worked until the delivery of the draft.

 

ABOUT INTERIM CHANGES

  1. What do we do if the assignment changes in the interim?

My quote is based on the information you provided during the briefing. Did you omit certain information during the briefing, or have your wishes changed during the assignment? If so, I will contact you to discuss this. It may be that the assignment has changed as a result, resulting in a different price. In that case, I will make a new offer and only start working after your approval.

Would you like to change or extend the assignment in the meantime? Even then I will make a new offer after consultation and only start working after your approval.

 

  1. Can you or can I terminate the assignment early?

You can end the assignment prematurely. The following rules apply:

At the time you finish the assignment, have I already written or edited part of the text, but this text is not finished? Then I am not obliged to deliver this text.

You pay me for all the hours I have incurred up to the termination of the assignment.

Because I have reserved hours for the assignment that are now suddenly dropped, there is lost income. To compensate for this, I can ask you to pay me compensation of 30% of the uncompleted part of the assignment. You are obliged to pay this compensation.

If the assignment lasts longer than 3 months, a notice period of 14 days applies. In that case, you do not have to pay compensation for the unperformed part of the assignment. However, you do pay for the hours I made up to the time of termination.

No notice period applies to assignments lasting less than 3 months.

I can only terminate an assignment prematurely if it lasts longer than 3 months. In that case, a notice period of 14 days applies to me. You then pay me for the hours I have worked until then. I will supply you with all texts I have written up to that point, even if they are not yet finished.

 

  1. Can you withdraw or postpone the assignment?

When I enter into an agreement with you, I reserve time to carry out the assignment. Do you then postpone or withdraw the assignment? And do you do so within 5 working days before I was due to start the assignment? If so, I cannot fill those hours with another assignment so quickly. Therefore, the withdrawal or postponement puts me at a financial disadvantage. To limit this disadvantage, we agree that you may withdraw or postpone the assignment, but that I can ask you for compensation for the lost income. That compensation amounts to 30% of the quoted amount. If I ask you for this compensation, you are obliged to pay it.

 

ON THE COMPLETION OF THE ASSIGNMENT

  1. Who is responsible for what?

As a specialist in written content, I am responsible for the linguistic quality of the text and the general factual correctness insofar as that can be assured by non-expert research. As the client, you are responsible for the content correctness when it pertains directly to your business. Therefore, always check that the content of the text is correct and complete. If you omit this check or do you not carry out the check carefully, leading to the text containing deficiencies or inaccuracies, I cannot be held liable.

If you have the text printed, you need to check it yourself for errors using the proof from the printer. If you omit this check or do you not carry out the check carefully, leading to the text containing errors that could have been discovered during an inspection? In that case I cannot be held liable.

 

  1. What happens if I cannot deliver a text at the agreed time?

It may happen that I cannot deliver a text at the agreed time or cannot carry out my work due to circumstances beyond my control. For example, serious illness, the death of a close relative, a fire or a natural disaster. I will contact you as soon as possible to find a solution together. I may be able to assign a colleague to complete the assignment or provide part of the text in advance.

If I do not succeed in finding a satisfactory solution, the obligations under the agreement will be suspended. This means that I postpone the work, but retain the obligation to carry it out later. If this situation lasts longer than 2 months, you or I can terminate (dissolve) the agreement. We do this with a written statement. In that case, you pay for the hours I have made until then. This is not necessary if I have not yet delivered anything or if the text I deliver cannot be used independently.

 

  1. Until when can you complain if you are dissatisfied?

Once I have delivered the final text, I would like to hear what you think of it. If you are not satisfied with the result, please let me know within 10 working days. We will then look for a solution together. If I do not hear from you within 20 working days, this means that you have accepted the text and that it has been delivered. You are then obliged to pay the invoice.

 

ABOUT THE PRICE AND PAYMENT

  1. What is included in the price and when is there extra work?

In the proposal I describe what work I do and what price I charge for it. This can be a fixed price or an indicative price based on an estimate of the hours. In the latter case, the number of hours I actually charge may differ from the price in the quotation. This can happen, for instance, if in practice the assignment turns out to be larger than expected. If the hours are substantially exceeded, I will notify you in good time so that we can find an alternative solution if necessary.

Have we agreed on a fixed price? Then it only applies to the work I have described in my quotation or order confirmation. If you ask me to carry out work that does not fall within the price, I will let you know in good time that I will charge extra for this. If desired, I can make an additional quotation for this.

By default, the price always includes a draft text and a revision round. Should more than one revision round prove necessary, I will charge these separately on the basis of the hourly rate stated.

 

  1. What are the rules for payment?

We agree on the following regarding payment:

The payment period for invoices is 20 working days.

Even if you do not use the text, you pay the invoice.

For large assignments, we can agree that I will send you an advance invoice. In that case, I am entitled to wait to carry out the assignment until you have paid the advance. Should I fail to meet the schedule as a result, it will not be my fault.

If you fail to comply with the terms of payment, I may charge statutory interest and collection costs. The collection costs are:

– over the first € 2,500: 15% of the invoice amount (with a minimum of € 40)

– over the next € 2,500: 10% of the invoice amount;

– over the next € 5,000: 5% of the invoice amount;

– over all amounts above that: 1% of the invoice amount.

Collection fees can amount to a maximum of € 6,775.

 

ON POTENTIAL CONFLICTS AND LIABILITY

  1. What do we do if we have a conflict?

If we unexpectedly have a conflict, it is always my preference to solve it among ourselves. Only if this fails will we submit the conflict to the competent court. Unless the law dictates otherwise, this is always a judge in the district where I am based with my company. Our agreement is governed by Dutch law.

 

  1. What should you do if you want to hold me liable for damage?

You may want to hold me liable for damages. This could be, for example, damage you have suffered because I have not fulfilled my obligations under the agreement. But it may also be damages that have arisen in some other way, such as in tort. Should you wish to hold me liable for damages, the following rules apply:

In order to hold me liable for not or not adequately fulfilling the obligations under the contract, you must send me a written notice (notice of default). In it, you must describe with sufficient arguments what you are holding me liable for. You must also give me a reasonable time to respond to this notice, or to reduce or resolve any damages. What constitutes a reasonable time depends on the specific situation.

If I am liable for damages, such liability is limited to compensation for direct damages up to a maximum amount. This maximum amount is equal to the amount I have quoted for the assignment, excluding VAT. Have I not quoted a fixed price, but an indicative amount based on the estimate of hours? Then this indicative amount is the maximum.

If I am insured for liability, the liability is limited to the amount paid out by my insurer.

I am never liable for indirect damage such as consequential damage, lost profit, lost savings, reduced goodwill or damage due to business interruption. I explicitly exclude these damages.

The limitation of liability does not apply if I caused the damage intentionally or if the damage was caused by me acting deliberately recklessly.

 

ABOUT INTELLECTUAL PROPERTY

  1. What can you do with my texts?

If I have written a text, I own the intellectual property rights to it, such as copyright. If I edit or rewrite a text, you own these rights.

Unless we have explicitly agreed otherwise, I do not transfer the intellectual property rights to you. However, I do grant you the right (licence) to use the text for the purpose and medium specified by me in my quotation or assignment agreement. I give you this licence once you have paid the invoice in full. The licence is exclusive: only you may use this text for the purpose and medium specified.

If you want to use the text (now or later) more widely than for the specified purpose and medium, please contact me. Then we will discuss the conditions for this use. If necessary, I may charge you a fee for this additional use.

Do you use the text without my permission for a purpose or medium other than that for which the licence applies? Then I may ask you for compensation of up to the amount you paid for the assignment. This compensation is immediately claimable: we do not have to go to court for this first.

 

  1. Do you have to mention my name?

You are not obliged to mention my name with the text, unless I have explicitly written it down in the quotation. In the latter case, you do have to mention my name. This can also be a pseudonym.

 

  1. How do we arrange a transfer of copyrights?

For certain assignments, I may choose to transfer the copyrights to you. In that case, we arrange that transfer with a written agreement (deed of transfer). I may charge a fee for this transfer, which you are obliged to pay.

 

  1. What can I do if you substantially change the text?

Have you changed the text substantially and as a result I can no longer support it? Then I can ask you not to mention my name with the text under any circumstances. In addition, I have the right to prohibit the use of the text on the grounds of my moral rights. You will then still be obliged to pay my invoice.

 

Do I only find out after publication that you have changed the text in such a way that I can no longer support it? Then I can ask you to undo the publication, if it has been published online, for example. Can this publication no longer be undone? Then I can ask you for compensation of up to the total amount you paid for the assignment. This compensation is payable immediately: we do not have to go to court first.

 

Conclusion

Do you have any questions about these general terms and conditions? If so, please feel free to contact me. You can message me on +31 06 834 21 867 and e-mail contentcryptid@gmail.com

 

 

 

 

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