This document sets out the basic terms of business under which I operate. None of those terms are particularly uncommon or unusual. The rights and responsibilities of freelances and publishers are usually governed largely by custom and convention, and the idea of this document is simply to formalise all those assumptions to avoid any misunderstanding.
These terms and conditions will apply to all material commissioned from Andrew Noakes until further notice and no variation of these terms will be effective unless agreed in writing prior to commission.
Terms and conditions may vary from time to time. Updated versions of this document will be made available at www.andrewnoakes.com/terms.
1. Andrew’s responsibilities
1.1. The material Andrew supplies in response to the commission (‘the work’) will to the best of his ability conform to the brief supplied on commission and will meet an appropriate professional standard.
1.2. The work will be original and will, to the best of his knowledge and belief, not infringe copyright or other legal right or contain any defamatory or offensive material.
1.3. Andrew accepts that the publisher may without consultation edit the work for the purposes of publication.
1.4. Andrew agrees to maintain confidentiality concerning the commission and the publisher’s activities until the work is published, subject to disclosures required in order to fulfill the commission.
1.5. In dealings with individuals and organizations for the purpose of fulfilling the commission, Andrew agrees to maintain appropriate professional standards and will seek to promote and enhance where possible the reputation of the publication and publisher.
1.6. Andrew reserves his rights under the Late Payment of Commercial Debts [Interest] Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002, to charge interest and an administration fee when payment is overdue.
2. The publisher’s responsibilities
2.1. The publisher will provide a clear brief for the work, including a deadline and details of the fee payable and payment terms.
2.2. Absent of any prior agreement otherwise, the publisher agrees in addition to reimburse Andrew for appropriate expenses incurred during execution of the brief, including but not limited to travel costs, in addition to the fee agreed for the work.
2.3. Where necessary for the execution of the brief the publisher will assist Andrew with media accreditation for events, including but not limited to delivery to event organizers of a letter on the publisher’s headed paper confirming Andrew’s status as a commissioned contributor.
2.4. The publisher will review the material supplied upon delivery and will within a reasonable time (not exceeding one publishing cycle of the publication and in any event not exceeding one calendar month) inform Andrew if the material is unacceptable.
2.5. If the work fails to meet appropriate professional standards the publisher may return it unpublished and without payment.
2.6. In all other cases the publisher undertakes to pay the fee agreed on commission within 30 days of receipt of invoice. Payments will be made by cheque payable to Andrew Noakes in UK Pounds sterling, or by BACS transfer.
2.7. In consideration of the payments due under the commission, the publisher will acquire only those publication rights specifically agreed in the commission, or in all other cases a single license to publish the material supplied within printed periodicals in the UK (First British Serial Rights). No license shall be granted unless and until payment is made of the fee agreed in the original commission.
2.8. The publisher will not exploit any further rights in the work supplied without prior written permission from Andrew.
2.9. The publisher agrees to edit and present the work fairly and to a professional standard.
2.10. Absent of any prior agreement otherwise, the publisher will ensure publication of the work includes a credit or byline.
3. Jurisdiction
3.1. These Terms shall be governed by the laws of England and Wales and any disputes will be submitted to and resolved by the exclusive jurisdiction of the courts of England and Wales.
3.2. Should any of these terms be determined to be illegal, invalid or otherwise unenforceable by a court then, to the extent to which that term is illegal, invalid or unenforceable, it shall be deleted from these terms and the remaining terms shall remain in full force and effect.