A freelance copywriter’s engagement contract is a formal agreement between a freelance copywriter and a client. It sets out the terms and conditions of the writer’s engagement, including the scope of the work, the payment details, and the end date. A standard freelance copywriter’s contract consists of four parts:
The Contractor
This is the individual or company that you, as a contractor, have engaged to carry out the work. In the contract, you will refer to yourself in the third person as ‘the contractor’ – this is your employer and you are an employee of this company. You will need to work for this company for at least three years in order to be classified as an independent contractor.
The contractor will be the entity that is responsible for paying you for the work that you carry out for them. In the contract, you will refer to them as ‘the client’ – this is the person or company that you are working for.
The Work
This is the work that the contractor has engaged you to complete. In the contract, you will specify the number of articles that you are to write for the client. The work is usually divided into sections and can vary from four thousand to twelve thousand words in length. The more detailed the better; this will help the client to follow the instructions accurately and efficiently.
The Duration Of The Contract
This is the period of time that you are granted permission to work for the client. If you are writing for a one-off event, such as a website launch or an advertisement campaign, then the duration of the contract will be relatively brief. If you are writing as part of a longer-term strategy, such as content for a web or mobile app, then the client will need to consider investing in your skills and resources. They may want you to sign a long-term contract to ensure that you stay with them for the duration of the project.
The Price
This is the payment that the client offers for carrying out the work. When you first started freelancing, you may have been offered a lump sum or an hourly rate. You are now in a better position to negotiate a price that suits you – do take advantage of this. Don’t be afraid to ask for more money. There are various types of fees that you may encounter as part of a freelance writing project, so make sure that you are familiar with them before you begin work:
- Research – you will be expected to do extensive background research for the project. This could include researching public figures, celebrities, or historical events. You should be compensated for this extra work.
- Content – you will be provided with content (for example, a news article, a web page, or an email) that you need to transform into an article. You are responsible for ensuring that the content is of good quality and follows the instructions. For content that is accompanied by additional materials (such as a graphic, audio, or video file), you will need to negotiate a price for these extra materials too.
- Delivery – after your content has been accepted by the client, you will need to provide a delivery date. You will be compensated for any delay or postponement of the project that is caused by circumstances outside of your control (such as inclement weather, a strike, or a natural disaster).
- Article Throwing Off – this is the process of converting the content that you have written into a finished article (for example, a press release or a web page). You are responsible for ensuring that the content follows the required style and format, and that all the pieces of content are linked together.
- Checklist – this is a list of things that you need to do (such as formatting, spelling, and proofreading) before the content is published.
Rights And Responsibilities
This is a list of the rights and responsibilities of both the client and the contractor. The rights and responsibilities of the client relate to the work that you have carried out for them, while the rights and responsibilities of the contractor relate to their role as a business. Make sure that you familiarise yourself with these prior to starting work:
- Ownership – you own all the material that you have produced for the client, including the artwork, graphics, and design layout. The client has no ownership of your work. You are free to take ownership of your work at any time before, during, or after the project. If you produce any additional material (such as a graphic, flyer, or web banner) then this will become additional work that you will be compensated for.
- Creative Commons – you are responsible for ensuring that your work is released under a Creative Commons licence. Creative Commons licences give content creators the freedom to use and share content, while also requiring that they attribute the original work and give others the benefit of the work that they have created.
- Source – you are responsible for ensuring that the client is always able to trace back to you any content that they are using (for example, a brand name, design element, or spelling mistake). You are not required to acknowledge the source of material that you have used, but you should do so voluntarily. If you are using another person’s content without their permission, then you should cite the source in the text of the article or blog post.
- Privacy Policy – you are responsible for ensuring that your client knows how you will handle any personal data that they share with you. Make sure that you have a privacy policy in place that is specific to this engagement, as well as a method of contacting you (for example, an email address, phone number, or snail mail).
- Terms And Conditions – all agreements between the client and you are subject to contractual terms and conditions that you will need to agree to. Make sure that you familiarise yourself with these prior to starting work.
- Warranty – this is a list of the parts and pieces of the work that are subject to a warranty from the manufacturer, provider, or supplier. The warranty usually covers the work that you have done, and will be voided if you carry out any work that is not covered under warranty.
- Faulty Article – if you write an article for the client, and it turns out to be faulty (for example, it contains errors or omissions that substantially alter the meaning of the article), then you are responsible for fixing it. Ensure that you have adequate proof that the article is faulty (such as a printout of the article with all the errors and omissions highlighted), and provide a way for the client to get in contact with you about this issue.
- Cancellation – both parties are responsible for cancelling the contract in good time. You should notify the client at least three working days in advance of any cancellations, with no exceptions. If the client does not provide you with written notice of cancellation, then they have agreed to all the terms and conditions of the contract.
- Complaints Handling – both parties are responsible for handling any complaints that are made about the work that they have carried out for each other. Make sure that you have a policy in place that deals with this issue, and that you respond to any complaints in a timely manner. You should investigate all complaints and take action where necessary.
- Quality Assurance – both parties are responsible for ensuring that the work is of a high quality. You should use a proven content delivery network, such as HubSpot, to get the work done faster and with fewer errors. You should also be testing the finished product (for example, an article) before it is published to ensure that all the parts are linked together correctly and any errors have been fixed. This is your final check before the piece is deemed ‘done’.
- Data Protection – both parties are responsible for ensuring that their customer’s personal data is not misused or disclosed to any other parties. You should use a data protection service to maintain confidence in the safety of any personal data that you collect through your work.
- Security Breaches – both parties are responsible for preventing and handling any security breaches that may occur during the course of the work. You should establish and maintain reasonable security measures to protect against unauthorized access to your computer network, and ensure that all personal information is kept confidential. You should also report any security breaches to the appropriate authorities and maintain a record of these events for seven years.
Once you have signed the contract, you and the client will need to sit down and map out a plan of action for the project. It is important to establish clear communication channels – both parties should be open to feedback and should seek to improve the product that they have created together. You should aim to meet regularly with the client to review the progress of the work, and to ensure that the plan of action is being adhered to.