The terms below are those that you should be familiar with when dealing with freelance contracts and acceptance of commission documents. Here’s an overview of what you should know in a format that can be copy/pasted into your own official documents.
USAGE: SAFREA Typical Minimum Rates and Terms & Conditions apply to once-off publication, First South African Rights only in one language. Any additional use of the material, such as international, internet or inter-stable usage, must be negotiated separately. A period of use may be negotiated where appropriate.
COPYRIGHT: Copyright is retained by the author, as per South African copyright law 1978, Section 21 (1) (1) (c).
PAYMENT: Full payment must be made for commissioned material delivered according to the brief, whether it be published or not (publication at editor’s discretion). Payment will be made according to standard business practice of within 30 days after delivery upon deadline. The common practice of payment 30 days after publication is unacceptable, as it is a variable out of the control of the freelancer.
LATE PAYMENT: Invoices paid later than the date agreed in writing, will incur interest at 2% per month or part thereof, over prevailing bank rates.
EXPENSES: SAFREA’s Typical Minimum Rates include routine expenses such as limited telephone use and local travel. Additional expenses such as courier & postage and extraordinary travel costs are payable by the client. Car expenses should be paid according to prevailing rates.
KILL FEES: If the commissioning editor decides not to use the work after the brief has been met and work has been delivered by the deadline date, full payment must be made.
REJECTION / DISPUTE: If the commissioning editor considers that the brief has not been accurately followed, or the work is sub-standard, they must give the freelancer the opportunity to correct the problem. If the work is still unacceptable, the client may offer a reduced fee, or may refuse to make any payment – depending upon circumstances. If the freelancer feels this is unfair, the commissioning editor agrees to allow an independent moderator to decide if any, and what amount should be paid to the freelancer, and how to apportion the costs of mediation.
CANCELLATION: If the commissioning editor decides to withdraw the commission prior to the deadline and before the work has been delivered, a cancellation fee on a sliding scale shall be paid, plus expenses:
- 1 month prior to deadline – 20% of original fee
- 3 weeks prior to deadline – 40% of original fee 2 weeks prior to deadline – 60% of original fee
- 1 week prior to deadline – 80% of original fee
- Less than one week to deadline – 100% of original fee
COMPLIMENTARY COPIES: One complimentary copy of the publication shall be posted to the freelancer (or more according to agreement).
DEFAULT: In the event of non-payment or other breaches of the agreement, the client shall pay costs and expenses including attorney fees, incurred in the enforcement of the terms of the agreement.