General Copywriting Policies & Procedures

Section 1: Payments & Project Timelines

A. Timely Payments

To help us continue providing you with excellent service, we require that you make all payments according to the schedule and terms outlined in the Investment Terms section of your contract.
We kindly request that the Client keeps up with the scheduled payments, as any delay in payments could cause a delay in the project.
We understand that life can be unpredictable, and sometimes payments may be missed. Therefore, if full payment is not made within 3 business days of the schedule outlined in the Investment Terms section of your contract along with a late penalty of $50, we'll apply a small late fee of 2% of the outstanding balance, which will accrue daily starting from the day after the payment was due. We appreciate your understanding in this matter.
If the outstanding balance, including any late fees, isn't paid within 5 business days of the due date, we will pause services until payment is fulfilled. We’ll resume work once the balance is cleared.
In the unlikely event that your outstanding balance remains unpaid for more than 10 business days after the initial due date, we may terminate the agreement. If this happens, any initial payments will be deemed as earned compensation and non-refundable. We may hold onto any work completed or in progress until full payment is received. We hope it doesn't come to this, but we appreciate your understanding.

B. Navigating Project Timelines

We're committed to completing your project within the timeframe outlined in this agreement, and we appreciate your cooperation in making that happen. Here's what you need to know about navigating project timelines:

We aim to complete the project by our projected deadline, provided you send over all necessary content by our agreed-upon date.
If unforeseen circumstances or changes in the project scope arise, we may need to modify the timeline. If this happens, we'll discuss the situation with you and agree on updated milestones and completion dates. We'll confirm any timeline changes in writing, so we're all on the same page.
If the Client needs to pause the project for any reason, they can do so by notifying the Copywriter in writing. However, if the work cannot be completed by the original end date, the Client will need to book a new start date.
To ensure that we meet our project timeline commitments, it's crucial that you provide any necessary feedback, approvals, or materials within 2 business days. We will also respond to any questions or feedback within 24 hours, except on weekends. Timely responses from you are essential to keeping the project moving forward smoothly. Please understand that any delays in providing these items may result in adjustments to the project timeline.
We understand that sometimes things can get busy, and you might need help or extra time. However, if we do not receive any response from you within 10 business days of our request, it will become difficult for us to continue the project. In such cases, we may terminate the project.
If we terminate the project due to unresponsiveness, we will keep any payments you have paid as earned compensation for the time and resources allocated to this project, and you will not be refunded. In addition, you’ll be billed for any work completed up to that date if necessary.

C. Expanding Project Scope

We understand that new ideas may emerge as the project progresses, and the scope may expand. If you have any additional work that you would like us to perform beyond what's included in this agreement, we'll be happy to discuss it with you.
If you want to change the project scope, you must provide written approval. The project deadline will also be adjusted to accommodate any changes to the scope.
Please remember that any extra work will be charged separately. We'll provide you with a clear estimate of the additional investment involved. We want to ensure that you know exactly what to expect, and that we stay within the agreed budget.
We'll always ask for your written approval before adding additional expenses to your bill. You'll be expected to pay for this work before we begin the work.

Section 2: Content Prep

A. Content Collaboration

To ensure that your project is completed on time and to your satisfaction, we require that you provide requested content at by the time of our project kickoff call. The content will be requested via email.
You will be sent a Google Drive folder as part of your onboarding kit. Please drop all of the above materials into the Google Drive folder.
Any delays in providing or revising content can cause project delays. We are not responsible for such delays.

B. Website Legal Content

For Web Copy: Please note that the copywriter is not liable for any consequences arising from the Client's failure to have the necessary legal policies and content on their website, and the Client agrees to hold the copywriter harmless in such instances.
We understand these legal requirements may be complex and require ongoing attention, so we recommend seeking professional legal advice to ensure compliance.

C. Content Accuracy

As we embark on this creative journey together, it's important to remember that we each have our areas of expertise. While we focus on crafting conversion copy, your role is to ensure the accuracy of the content.
For Web Copy: You agree to take full responsibility for ensuring that your content is legally authorized for use on your website.

D. Content Delays

We understand that life can be unpredictable, and sometimes things come up unexpectedly. If, for any reason, you're unable to submit the required content by the deadline mentioned above, don't worry. We'll reschedule the project once to the next available start date, and we'll keep you informed every step of the way so that you know exactly what to expect.
However, if we've rescheduled the project once and you're still unable to provide the necessary content within thirty (30) days before the new start date, we'll, unfortunately have to terminate the project. We know this isn't ideal, but we want to be fair to all our clients and ensure we can allocate our time and resources effectively.
Please note that any non-refundable initial payment that you initially paid will be kept as compensation for the time and resources that we've allocated to the project. However, we'll refund you 30% of any payment besides the non-refundable initial payment. We hope you understand and can work together on future projects.

E. Revisions

We understand that you may have some edits to make to your copy, and we're happy to accommodate that. However, to keep things moving forward, we require that you provide your edits within 2 business days of receiving the draft. This will help us stay on track with the project timeline while allowing you to make the necessary changes.
Revisions must be communicated in writing through comments on a Google doc where applicable or in an email to selena@olivetreecopy.com.

Section 3: Project Management and Maintenance

A. Communication Expectations

Clear communication and collaboration are vital for a successful project. You can reach us through email at selena@olivetreecopy.com. Our business hours are Monday to Friday, 9 am – 5 pm PST. You can expect a response from us within 24 hours, except on weekends.
We request that the Client designates one point of contact for communication with us to ensure efficiency and clarity. We will communicate primarily through email and expect a response to any of our inquiries or requests for feedback within 24 hours, except on weekends. This will enable us to move forward with the project promptly and efficiently.
We will use email as our primary mode of communication with you. Additionally, we may use tools such as Google Drive or Dubsado to collect necessary content, files, or assets for the project. We'll provide instructions and assistance to ensure you can easily access and use these tools. If you have any concerns or difficulties with these tools, please let us know, and we'll work together to find an alternative solution.

B. Copywriter's Right to Refuse Unethical Tasks

We value our relationship and creative vision. We also uphold certain ethical standards. If a specific task or request doesn't align with these standards, we may need to find another mutually agreeable solution or refuse the task. If necessary, we may need to terminate our agreement to work together.
Please remember that we're here to create high-quality copy for you while ensuring our work meets ethical guidelines. We're confident we can do both and are excited to work with you on this project
Remember, we're all in this together, and your understanding and support of this principle is greatly appreciated.

C. Parting Ways (Termination)

This agreement automatically terminates 10 days after all final deliverables are delivered and payment is paid in full.
We understand things can change unexpectedly and want to ensure our working relationship remains positive. If, for any reason, either of us feels it's best to end the agreement before the final project is delivered, we can do so by mutual consent and in writing. If this happens, we'll work together to settle any outstanding payments and fulfill any remaining obligations. as outlined in this agreement.
We value our collaboration with you and hope to create outstanding copy that meets your expectations. However, if any issues arise, each party should inform the other party in writing, so we can work together to resolve them within 10 business days. If the issue remains unresolved, we may terminate the project. We aim to part ways amicably.
In the event of termination, if you have paid the full amount upfront, we will refund 30% of the total project price. For Clients paying in installments, you will be responsible for payment of work completed until providing notice. We'll keep the balance of what you’ve paid and any non-refundable initial payments specified in our agreement.
If our agreement ends for any reason, we'll need to pause our work together. If there are any outstanding payments for work completed up to that point, we require that you settle these payments as soon as possible. Once we receive full payment, we'll provide you with any completed work or work in progress within 10 business days of receiving full payment. The Client will have the right to use the delivered work according to the terms of this agreement.
Even after our agreement ends, both parties will uphold all rights discussed in this agreement.

Section 4: General Legal Provisions

A. Intellectual Property

We take intellectual property laws seriously and promise that everything we create for you will fully comply with U.S. intellectual property laws.
Once you've fully paid, you will own all intellectual property rights to your copy.
You may use the copy for your own business purposes, but you may not resell the copy as a template.

B. Working with other clients

Copywriter may work with other clients, including clients in the same industry, during the term of this agreement. Nothing in this agreement shall be interpreted as a non-compete.

C. Mediation & Arbitration

In the rare event of a disagreement between the parties regarding this Agreement or its implementation, we'll work it out by talking it through in good faith through negotiation. If we can’t reach an agreement within 30 days of starting discussions, we'll turn to mediation to help settle the dispute.
If mediation isn't practical or doesn't work, we'll agree to binding arbitration according to the American Arbitration Association rules. The arbitration will occur in San Jose, California, and be overseen by a single arbitrator. Each party will be responsible for its costs and expenses related to the arbitration, including attorney's fees. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

D. Confidentiality

We value your trust and promise to keep any information you share confidential. This includes sensitive information like business plans, financial details, and any other confidential information you provide during the project. We'll only use this information at your request for project purposes.

E. Data Protection

We prioritize your security and place the utmost importance on preserving the integrity of the information you provide us, including but not limited to your passwords, usernames, financial details, project data, and customer identities. Nevertheless, it's crucial to acknowledge the inherent risks associated with electronic data transmission. The transmission of such data is conducted at your own discretion and risk.
We assure you that we'll employ all reasonable measures to safeguard any property you entrust to us. However, we cannot provide an absolute guarantee against unauthorized use, loss, damage, or destruction of data or property by third parties, but we promise to do everything within our means to minimize this risk.
In circumstances where aspects of the project necessitate expertise that falls outside our team's realm, we may need to share pertinent information provided by the Client with subcontractors equipped with the necessary skills and experience to successfully fulfill the project's requirements.
The Copywriter commits to implementing reasonable measures to ensure that any subcontractors we collaborate with maintain the same stringent confidentiality and data protection standards upheld by our team. We will limit the information shared with them to what is strictly necessary for completing their designated tasks, and we will retain overarching responsibility for the project.
Despite these precautions, it is important to note that the Copywriter and its team members, including any third-party subcontractors, will not be held liable for any data or security breaches related to our work or any third-party products used during the copywriting process. We value the trust and confidence our clients place in us and promise to do everything within our power to protect their sensitive information.

F. Copy Expectations (Limitation of Liability)

While we hope your copy performs well for you, it's important to note that the Copywriter cannot be held responsible for any damages or losses, including direct, indirect, special, incidental, or consequential damages, that may result from your use or inability to use the copy or any related services.
While the Copywriter will provide the best copywriting services possible, it is important to note that the Copywriter cannot guarantee any specific business outcomes, such as an increase in revenue or profit, or that the website will rank on Google or any other search engine.
In no event shall the Copywriter be liable to Client for any damages, losses, or expenses, including loss of profits, loss of business opportunities, or other consequential damages, that may result from the website's performance on search engines or any specific business outcomes.

H. Understanding Unforeseen Circumstances (Force Majeure)

Sometimes, unexpected events beyond our control can impact our ability to fulfill our commitments. A "Force Majeure Event" refers to any unforeseeable and uncontrollable event, such as natural disasters, pandemics, war, civil unrest, or other extraordinary circumstances that prevent us from performing our obligations under this agreement.
If either party becomes aware of a Force Majeure Event that affects our ability to carry out our responsibilities, the party will notify the other party promptly in writing. The moving party will include details about the nature of the event, its estimated duration, and how it might impact our work.
Upon notification, our obligations under this agreement will be paused for the duration of the Force Majeure Event. Each party will do its best to minimize the effects and get back on track as soon as possible.
If the Force Majeure Event continues for more than 30 days, either party can propose rescheduling the project or adjusting the agreement to accommodate the new circumstances. If we can't reach an agreement within 10 days of the proposal, either party may choose to end our agreement without liability. However, any payments for work completed up to the termination date are non-refundable.
Neither party will be held responsible for delays, failures, or inability to perform our obligations under this agreement due to a Force Majeure Event.

I. Protecting Each Other (Mutual Indemnification)

Indemnification is a way to protect each other if something goes wrong. It means that if one of us makes a mistake, breaks the agreement, or does something that leads to a problem, the one at fault will take responsibility and cover any costs or damages that might result to the other party.
Each party is responsible for their actions, and we agree to look out for each other. Accordingly, each party (the "Indemnifying Party") shall indemnify, defend, and hold harmless the other party (the "Indemnified Party") from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or related to the Indemnifying Party's negligence, willful misconduct, or breach of this agreement.
If either party (the "Indemnified Party") becomes aware of a claim or potential claim for which we might seek indemnification, the Indemnified Party will promptly notify the other party (the "Indemnifying Party") in writing. We'll share the details, including the nature of the claim and any relevant documentation.
To help resolve any claim, the Indemnified Party agrees to cooperate with the Indemnifying Party and provide any necessary information or assistance reasonably requested.
The Indemnifying Party will have the right to manage the defense and settlement of any claim, including selecting legal counsel and negotiating settlements. However, the Indemnifying Party must keep the Indemnified Party informed and obtain their consent for any settlement that could impact their rights or obligations. The Indemnified Party can also participate in the defense at its own expense.
Neither party will be responsible for indirect, incidental, consequential, special, or exemplary damages in connection with this agreement, even if the other party has been advised of the possibility of such damages.

J. Choosing Our Legal Compass (Governing Law and Jurisdiction)

Legal matters can be intimidating. Still, it's essential to clearly understand which laws will apply to our agreement and where any legal disputes would be handled, just in case we ever need to navigate any legal questions.
In the spirit of friendly cooperation, we agree that any disputes or legal issues arising from or related to this agreement will be governed by the laws of the State of California, regardless of where we're both located. Additionally, we agree that the jurisdiction for resolving such disputes will be the state courts of California or the federal courts in the Northern District of California.

K. Representations

Both parties confirm that they have the authority to enter this Agreement.

L. Entire Agreement

This is the whole Agreement between the parties, replacing any earlier discussions. Any additional changes to this Agreement during the project will be in writing. This Agreement is legal and binding.
If a court determines that any part of this Agreement is unenforceable, we agree to work together to find a mutually acceptable solution. The rest of the Agreement will remain in effect and will not be affected by the unenforceable provision.