Ginkgo Copywriting Terms and Conditions

§ 1 Scope
The following Terms and Conditions apply to contracts entered into between Ginkgo Copywriting (Director: Paul Malone), Kaiser Josef Strasse 57-63/49, 3002, Purkersdorf, Austria and its clients.

§ 2 Services

Ginkgo Copywriting provides a range of professional writing and communications services as set out in the company website: https://ginkgo-copywriting.com/

§ 3 Transmission of Documents

In general, the client transmits the source documents (brief and any other information relating to the writing assignment) to Ginkgo Copywriting in electronic form. Ginkgo Copywriting transmits all copy (concept, rough draft, final draft, etc.) in electronic form as well.

§ 4 Client’s Duty Relating to Provision of Information

Once the client has accepted Ginkgo Copywriting’s quote, they are to provide all the necessary information for the work to commence. Should information be missing or delayed, Ginkgo Copywriting will not be responsible for a resulting delay or failure to complete the work.

§ 5 Client Feedback for Copy- / Content Writing Work

In general, and unless otherwise agreed, Ginkgo Copywriting seeks client feedback at the completion of the following writing stages:

  • Concept (outline comprising headings and (if needed) sketches)
  • Rough draft

The client will review and provide comment on the writing in a timely manner (as set out in the quote) so that the final draft is completed on time.

Additional Revisions

Although Ginkgo Copywriting makes every effort to ensure the client is satisfied with the work, should the client request any substantial revision of the final draft, Ginkgo Copywriting will charge accordingly. Ginkgo Copywriting will not charge for minor changes and / or corrections to the final draft provided these are requested with seven days of receiving the final draft.

Corrections

Should any correction be required to the final draft, Ginkgo Copywriting will do so at no extra charge. The client is to notify Ginkgo Copywriting of the required correction within seven days of receiving the final draft.

Changes to the Writing Assignment

Should the client decide to change the writing assignment (as set out in the client’s brief) or include new material that markedly changes the assignment or results in additional research after the contract has been deemed to be in effect,  Ginkgo Copywriting will charge and revise the work completion deadline accordingly. Should Ginkgo Copywriting determine the altered assignment is markedly different to the quoted work, the client will be informed. In the first instance, Ginkgo Copywriting will seek to revise the contract to reflect the changed assignment. If not possible / no agreement can be reached, the contract will be terminated by Ginkgo Copywriting. In both cases, Ginkgo Copywriting will charge for any work undertaken.

Client Subjectivity

Even though Ginkgo Copywriting aims to provide professional writing services at the highest level, a rare occasion may arise when a client makes a subjective call: they do not “like” the final draft, or they “feel” they could do better. In such a rare case (where no reasonable substantiated grounds are provided) Ginkgo Copywriting’s invoice is to be paid in full.  The client shall not be entitled to assert any claim in relation to disputed services.

§ 6 Client Contact Person.

The client is to provide Ginkgo Copywriting with the name and contact details of the Contact Person for the work. The client contact person is responsible for-

  • Providing all the necessary information for the work to be completed
  • Providing timely feedback on the concept and rough draft
  • For approving the final draft and the accompanying invoice

The contact person should also be available / respond to Ginkgo Copywriting’s queries in a timely manner during normal business hours.

§ 7 Legal Obligations and Copyright Law

The client is to ensure the information they provide Ginkgo Copywriting is accurate, theirs to use, and does not result in a final draft that will breach copyright law. Ginkgo Copywriting takes no responsibility for any legal action arising out of the use of the final draft, except in the instance where Ginkgo Copywriting has been grossly negligent in regard to copyright law. The client indemnifies Ginkgo Copywriting against any legal action arising out of the use of the final draft. Ginkgo Copywriting reserves the right to refuse or terminate a contract and charge for the completed work if there are reasonable grounds to believe any laws have been / will be breached.

§ 8 Delivery of Final Draft

Unless the client specifies otherwise, Ginkgo Copywriting will quote at least three weeks for the completion of copy- / content writing work. Larger writing projects may take longer. Ongoing projects may be planned with delivery milestones in agreement with the client. Editing and proofreading and translations may be completed in less than three weeks. In all cases, the timing of the work will be set out in Ginkgo Copywriting’s quote.

§ 9 Express Services

Should the client require the final draft in less than three weeks, they are to indicate this when requesting a quote. Where possible Ginkgo Copywriting will quote for express writing services.  Depending on the timeframe, Ginkgo Copywriting may charge an express writing fee. This will be clearly indicated in the quote.

§ 10 Fees

Ginkgo Copywriting provides an obligation-free quote for all work. The quote includes a breakdown of the fees according to the assignment: copy- / content writing, editing and proofreading, translation / transcreation.

§ 11 Requests for Quotation and Orders

Ginkgo Copywriting will provide the client an obligation-free quote upon receiving a request. The quote will be non-binding to either party. The contract will become legally binding within three working days of Ginkgo Copywriting receiving a signed copy of the client’s order. Should, for any reason, Ginkgo Copywriting no longer be able to honour the contract, the client will be informed within the three working days.

§ 12 Invoicing

Ginkgo Copywriting will invoice the client at the time of transmitting the final draft. Any variations to the quoted price will be set out in the invoice. Variations may arise for several reasons, including those set out in § 5. Invoices are to be paid within seven days.

In some cases, particularly for individuals where the total quoted fee is less than €200, Ginkgo Copywriting may request full payment prior to commencement of the work. This condition will be stated in the offer.

§ 13 Errors and Liability

Ginkgo Copywriting will check the final draft for any errors before transmitting to the client. The client has seven days to review the final draft and request in writing if an error is found. Ginkgo Copywriting will then correct the final draft within a mutually agreeable time (generally within three working days). Should no request be made by the client, the final draft shall be deemed accepted by the client. The client shall not be entitled to assert any claims in respect of errors.

§ 14 Delays in Delivery

Should Ginkgo Copywriting deliver the final copy more than 48 hours beyond the contract deadline, the client shall be entitled to a 5% fee reduction for each day thereafter, unless the delay is due to circumstances beyond Ginkgo Copywriting’s control (including delays in receiving client documentation, illness etc.). The client shall not be entitled to assert any claims in respect to expenses / loses arising out of the late delivery of the final copy.

§ 15 Disturbances in Electronic Communications

In the case of disturbances in electronic communications (internet failure, etc) Ginkgo Copywriting / the client will immediately inform the other party by telephone. Although every effort to ensure no emails are lost / misdirected, hacked, etc. Ginkgo Copywriting cannot guarantee this will not occur. In such an unlikely event, Ginkgo Copywriting will inform the client immediately upon becoming aware of the occurrence. The client shall not be entitled to assert any claims in respect of the abovementioned disturbances.

§ 16 Limitation of Liability for External Links

The Ginkgo Copywriting website contains links to the websites of third parties (“external links”). As the content of these websites is not under Ginkgo Copywriting’s control, no liability for such external content can be assumed. In all cases, the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognisable to Ginkgo Copywriting. As soon as an infringement of the law becomes known, Ginkgo Copywriting will immediately remove the link in question.

§ 17 Confidentiality

Ginkgo Copywriting will treat all client data as confidential. Should a third-party contractor be engaged for the purposes of translation, the contractor will also ensure all data is treated as confidential.

§ 18 Copy Usage and Copyright

The client can use the provided final draft for their purposes without limitation. The client is also free to edit the final draft and transfer the rights to third parties. The copyright shall not pass to the client until full payment of the Ginkgo Copywriting invoice.

§ 19 Data Protection

Please refer to our full Data Protection page for full details. Ginkgo Copywriting complies with GDPR law.

§ 20 Severability Clause & Applicable Law

Should one or several provisions contained in these Terms and Conditions become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision coming closest to the economic result and/or the intended purpose of the invalid provision. In addition, these Terms and Conditions shall exclusively be governed by Austrian law. The United Nations Convention on Contracts for the International Sale of Goods shall be excluded. The place of jurisdiction is Vienna, Austria.

The Following Terms and Conditions Relate to Writing Workshops Only

§ 21 Registration for Writing Workshops

A participant is deemed “registered” for a writing workshop run by Paul Malone upon online payment through Ginkgo Copywriting’s relevant payment page.

§ 22 Transfer of Registration

Only the participant name given at the time of workshop registration is entitled to a place in the workshop. Should, due to unforeseen circumstances, the name change / a transfer of registration be sought, Paul Malone is to be informed in writing (Email) at least seven days prior to workshop commencement. Paul Malone reserves the right to accept / reject the transfer. In the case of rejection, the registered participant has the right to cancel according to the terms and conditions below relating to cancellation.

§ 23 Writing Workshop Cancellation

Cancellation by Workshop Organiser (Paul Malone)

Should a workshop be cancelled, the registered participant will be entitled to a full refund. The participant will be informed without delay of the workshop cancellation, and a full refund will be made within 7 days of cancellation.  The participant shall not be entitled to assert any claims in respect to expenses / loses arising out of the workshop cancellation

Cancellation by Workshop Participant

Should the registered participant decide to cancel their place in the workshop, the following conditions will apply:

  • Cancellation more than 14 days prior to workshop commencement: 90% refund
  • Cancellation between 7 and 14 days prior to workshop commencement: 50% refund
  • Cancellation less than 7 days of workshop commencement: No refund.

No credit will be awarded in regard to future workshops should a participant cancel.

Cancellation is to be made in writing to the following Email address: paul@ginkgo-copywriting.com