Terms & Conditions
THIS IS THE LEGAL STUFF. IT’S BINDING, SO PLEASE TAKE TIME TO READ IT.
1. Terms and acceptance
By accessing and using this website (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use between Methodical Writing and you, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Representations and Warranties
Each party represents and warrants that (a) it has full power and authority to enter into and perform this Agreement; and (b) its execution and performance of this Agreement does not violate, conflict with, or result in a material default under any other contract or agreement to which it is a party, or by which it is bound.
3. IP Ownership / Use license
The material provided on this Site is protected by law, including without limitation, United States Copyright law. The copyright in all material provided on this Site is held by Methodical Writing. Except as expressly permitted by Methodical Writing, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Methodical Writing.
Methodical Writing’s services are provided “As Is” without warranty of any kind. It makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Methodical Writing does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
5. Limitation of Liability
In no event will Methodical Writing have any liability for any lost opportunity or profits, costs of procurement of substitute goods or services, or for any indirect, incidental, consequential, punitive or special damages arising out of this agreement, under any cause of action or theory of liability (including negligence), and whether or not Methodical Writing has been advised of the possibility of such damage.
7. Governing law
Any claim relating to Methodical Writing’s website shall be governed by the laws of the State of Virginia, U.S.A. without regard to its conflict of law provisions.
8. Fees and Payment
You agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of Methodical Writing to perform under this Agreement. You further agree that, upon registering for the services through the Site, you authorize Methodical Writing to charge your method of payment (e.g. credit card) for the fee on each anniversary of your registration date, based upon your billing frequency. Payment of the fees shall be in such amounts and at such times as set forth by Methodical Writing through information provided to you and as authorized through the sign-up process. You represent and warrant to Methodical Writing that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. Your account and access to the services provided via the Site may be suspended in the event of non-payment of applicable fees.
You may terminate your subscription with Methodical Writing at any time.Upon termination, Methodical Writing will provide services until expiration of the billing cycle. Methodical Writing may change its fees from time to time by posting the changes on the Site with at least 30 days’ prior notice, but with no advance notice required for temporary promotions or reductions in fees.
10. Ownership, Copyright
You own all content/copy Methodical Writing delivers to fulfill assignments during any month paid in full. If you use the design service, you own all graphics and files Methodical Writing delivers during any month paid in full.
11. Assets You Provide
You agree that any content/copy or other materials that you provide (including but not limited to images, design elements, logos), are approved to be used in your designs and are not owned or trademarked by a different entity. You are responsible that any materials provided can be legally used by Methodical Writing. Methodical Writing is not liable for the materials you provide as it pertains to license or trademark issues and you represent to Methodical Writing that all materials provided do not infringe on the intellectual property rights of third parties.
You agree to indemnify, defend, and hold harmless Methodical Writing and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.
13. Scope of Work – Copywriting
This service is offered by Methodical Writing to support organizations’ marketing communications. It is not meant to replace full-time employees. The Scope of Work is limited to assignments that can be done in shorter timeframes, have fewer word counts, and clear instructions. An Assignment is considered to be approximately 400 words or less.
14. Scope of Work – Graphic Design
This service is offered by Methodical Writing to support organizations’ marketing communications. It is not meant to replace full-time employees. You are responsible for providing Methodical Writing, if applicable, with brand and style guidelines for your organization. You agree to provide Methodical Writing with assets that are necessary to complete the Assignment, including but limited to: Logos, photography (original and/or stock), and other design elements. The Scope of Work is limited to assignments that can be done in shorter timeframes, limited complexity and clear instructions. The Graphic Design services do not include original logos or branding; original photography; video or motion graphics; complex illustrations; layouts with more than 8 pages, 3D / CAD, HTML / CSS / UI / UX, mobile or app design or programming/coding.
15. Right to Refuse Assignments
Methodical Writing retains the right to refuse an assignment for any reason at any time, including but not limited to the complexity of the assignment, the amount of time it will take, the overall word count, or amount of research required. Furthermore, Methodical Writing retains the right to refuse assignments that promote and/or facilitate illegal or abusive goods, products, services or behavior.
16. Right to Subcontract
Methodical Writing retains the right to subcontract assignments or portions of assignments at its discretion. Any graphic design required is subcontracted.
17. Receipt of Deliverables
Upon receiving completed assignments, you agree to review and proof all files for any errors or omissions and notify Methodical Writing if any changes/corrections are needed. Methodical Writing is not responsible or liable for any losses or expenses incurred from errors or omissions.
16. License to Publish
By default, you agree to provide Methodical Writing with a non-exclusive right and license to publish your work in Methodical Writing’s portfolio, social media or other communication efforts. If you would like to revoke this right, please notify Methodical Writing at firstname.lastname@example.org.
Methodical Writing upholds confidentiality in all communication regarding your brand and business. Methodical Writing will only communicate to those who have been authorized on your account and will only share you information outside the organization when necessary to complete Assignments.
19. Work and delivery output.
Methodical Writing accepts unlimited requests and revisions, but its output volume depends on many factors, including but not limited to the length of the assignment and the clarity of your instructions. Methodical Writing will work with you to accommodate any priority items and your timelines as best as possible. A typical turnaround for a copywriting Assignment is one-to-two business days. Allot another one-to-two business days for Assignments with graphic design components. These timelines are typical but not guaranteed. They may change due to the nature of Methodical Writing’s business.
20. Force Majeure.
Neither Party shall be responsible for any failure to perform its obligations under this Agreement if such failure is caused by acts of God, war, strikes, revolutions, lack or failure of transportation facilities, laws or governmental regulations or other causes that are beyond the reasonable control of such Party. Obligations hereunder, however, shall in not be excused but shall be suspended only until the cessation of any cause of such failure.
21. Entire Agreement and Modification.
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior oral, written, or online agreements for Methodical Writing’s Services. Except as otherwise provided for herein, any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing and signed by the Parties.
If any provision of this Agreement shall be held illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
23. Assignment; No Waiver.
This Agreement binds and is for the benefit of the successors and permitted assigns of each Party. You may not assign this Agreement or any rights under it, in whole or in part, without Methodical Writing’s prior written consent. Any attempt to assign this Agreement other than as permitted above will be null and void. Failure by either Party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
Sections, which by their nature survive, shall survive any termination or expiration of this Agreement in accordance with their terms.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
26. Relationship of the Parties.
The Parties are independent contractors and will have no power or authority to assume or create any obligation or responsibility on behalf of each other. This Agreement will not be construed to create or imply any partnership, agency, or joint venture.