Interpretation

The definitions and rules of interpretation in this clause apply in this agreement.

“AGREEMENT”: means these Terms and Conditions between Writem and the Client.

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“CLIENT”: means the party requesting or commissioning the work, whether as an individual (e.g. sole trader or consumer) or as an authorised representative of a legal entity (e.g. a limited company), including but not limited to an author or publisher.

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“COURSE”: means the Author Roadmap, a digital educational product provided by Writem.

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“FREE”: means Writem’s offer to provide up to two rounds of additional support at no cost, solely in the form of amends to advertising assets, where the Client has met eligibility outlined in Clause 13.

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“SERVICE”: means the Course, bespoke services, or any other deliverables provided by Writem to the Client under this agreement.

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“WRITEM”: means Writem Limited [Beckside Court, Annie Reed Road, Beverley], the party undertaking the Service.

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1. Confidentiality

1.1 Each party shall during the term of this agreement and for a period of five years thereafter keep confidential and not disclose to any third party without the prior written consent of the other party any information of a confidential nature (including trade secrets and information of commercial value) which may become known to such party from the other party and which relates to the other party or any of its affiliates, unless such information is public knowledge or already known to such party at the time of disclosure, or subsequently becomes public knowledge other than by breach of this agreement, or subsequently comes lawfully into the possession of such party from a third party.

1.2 Each party shall use reasonable endeavours to prevent the unauthorised disclosure of any such information.

1.3 Writem may refer to completed work as part of its portfolio and to promote its services unless the Client explicitly requests confidentiality.

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2. Rights of Ownership

2.1 The Client retains full ownership of all content provided to Writem for use in the creation of the Service.

2.2 Upon full payment, Writem grants the Client a non-exclusive, non-transferable licence to use any creative works or materials developed under the Service (such as designs, copy, or campaigns) solely for their intended marketing or promotional purposes.

2.3 Writem retains the right to use and reuse any ideas, methodologies, templates, and formats developed during the provision of the Service, provided these do not include the Client’s confidential or proprietary information.

2.4 Where any third-party materials (e.g. stock images, fonts, or licensed tools) are used, the rights granted to the Client are subject to the licensing terms of those materials.

2.5 The Client may not resell, sublicense, or redistribute any materials created under this agreement without express written permission from Writem.

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3. Liability

3.1 Writem will not be held liable for any damages arising from the use or inability to use the Service provided.

3.2 Writem is not liable for any indirect, incidental, special or consequential loss or damage.

3.3 The total liability of Writem under this agreement shall not exceed the amount paid by the Client for the specific Service.

3.4 Writem is not liable for any costs incurred through advertising spend or third-party services.

3.5 Writem is not responsible for errors resulting from inaccurate or incomplete information provided by the Client.

3.6 Writem cannot guarantee a specific outcome or result from the use of the Service.

3.7 The Client agrees to indemnify and hold Writem harmless from any claims arising from their misuse of the Service or infringement of third-party rights.

3.8 Writem’s liability shall not be limited in respect of death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any matter for which it would be unlawful to exclude or restrict liability.

3.9 If the Client is contracting as a consumer, nothing in this agreement shall affect their statutory rights under the Consumer Rights Act 2015 or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

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4. Process and Payment

4.1 Full payment is due upon purchase of the Course or confirmation of the Service, unless otherwise agreed in writing.

4.2 Payment is accepted via Paypal, Stripe, bank transfer or other methods agreed by Writem.

4.3 Where the Client is a consumer, access to the Course or commencement of the Service within 14 days of entering into this agreement constitutes an express request to begin delivery and waives their right to cancel under the Consumer Contracts Regulations 2013. If the Client has not expressly requested early commencement, they may cancel the contract within 14 days of entering into it and receive a full refund.

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5. Cancellation

5.1 Either party may cancel this agreement by providing written notice prior to commencement of the Service.

5.2 If the Client cancels after commencement of the Service, no refund will be issued unless otherwise agreed in writing.

5.3 If Writem cancels the agreement before the Service begins, the Client will receive a full refund.

5.4 Where the Client is a consumer and has not requested early access or commencement, the Client has the right to cancel within 14 days of entering into the agreement. In this case, any payments made will be refunded in full provided the Service has not yet commenced.

5.5 If the Client is a consumer and has requested the Service begin during the 14-day cooling-off period, and later cancels within that period, they will be liable for reasonable costs incurred up to the date of cancellation.

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6. Amendments

6.1 Any changes to this agreement must be made in writing and agreed by both parties.

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7. Force Majeure

7.1 Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from any cause beyond its reasonable control.

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8. Severability

8.1 If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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9. Governing Law

9.1 This agreement shall be governed by and construed in accordance with the laws of England and Wales.

9.2 Any disputes arising in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

9.3 If the Client is a consumer, any mandatory rights they hold under the law of their country of residence will not be affected by this choice of law or jurisdiction.

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10. Data Protection

10.1 Writem will collect and process personal data in accordance with its Privacy Policy and applicable data protection legislation.

10.2 The Client consents to such processing and warrants that all data provided is accurate.

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11. Third Party Rights

11.1 A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999.

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12. Survival

12.1 Any clauses which by their nature are intended to survive termination of this agreement shall do so.

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13. Free Support Eligibility

13.1 The Client is eligible for free additional support if they have actively implemented the Service in good faith and can demonstrate that the advertising has been properly run (e.g. through ad spend reports).

13.2 If eligible, Writem will provide up to two additional rounds of amends to advertising assets only.

13.3 This support does not include full redesigns, strategic overhauls, or new campaigns.

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14. Refunds

14.1 All payments are non-refundable once access to the Course or commencement of the Service has occurred, except as required under Clause 5.

14.2 Refunds will only be issued if Writem cancels prior to commencement, or where the Client cancels under the consumer rights outlined in Clause 5.

14.3 The Client acknowledges that dissatisfaction with the outcome of the Service or Course does not entitle them to a refund, except where statutory consumer rights apply.

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15. Client Status Declaration

15.1 The Client confirms whether they are entering this agreement in the course of a business or as a consumer. Where the Client is acting as a business, consumer law protections shall not apply.

15.2 If the Client is acting as a consumer, they are entitled to statutory protections under consumer law as outlined in this agreement.

15.3 Writem reserves the right to rely on the Client’s declaration when determining applicable legal obligations.