Contract Question

TracyNeedham · 08-04-2011, 10:21 PM

Hi guys,

Quick contract question I'm wrestling with tonight... I always give deadlines in my agreements in terms of weeks (2 weeks, etc) from date the deposit and signed agreement are received. Thus, if they want it in 2 weeks, then you'd better get those back to me fast. LOL

I have sometimes added to that in the past a third item--deposit, signed agreement and any requested background information (such as completing my questionnaire or materials they wanted me to draw from). I started doing that after having a couple clients who really dragged their feet about getting me critical things and then wondered why their copy wasn't done.

But I'm wondering if there's a better way to address because I don't always realize I need something until after I dive in. I know everyone's busy and it might take a couple days and that's fine, but when it takes a week or more for them to get back to me...it's a problem.

How do you address this in your agreement? (Or do you?)

Thanks!

Stawrew · 08-05-2011, 03:25 AM

Hi Tracy,

I´m a lawyer, not a copywriter, but let me share you my opinion on this:

From my experience I can tell you that the less the client pays or deposits up-front, the more likely he will procrastinate. So, it may help if you increase the deposit amount. Once he feels that he has already paid a lot of money, he´ll chase you (at least that is my experience in my business).

Now, I wouldn´t do that with all clients, but if you have the feeling that some client may tend to procrastinate, you could do this. If he objects, just explain to him that this is to make sure that he´ll provide the information you need on time - which is basically in his interest.

If he continues to object, than share your experiences and the negative impact they have on your business and simply ask him how you can make sure that he won´t keep you waiting. Do it in a very polite way and try to make him understand what your problem is. Then, let him explain why he things that increasing the deposit is not necessary in his case.

If he offers an explanation that makes sense, just agree and put in the contract in writing. OK, hope this helps.

Best regards from Berlin, Germany, Kiril

Raydal · 08-05-2011, 08:17 AM

In my experience no client in their right minds would hold
you to a deadline if you ask for some information to complete
the project and they are slow in responding. It's common sense
that your completion of the project is tied to them providing that
piece of information.

So if they complain then you complain about their lack of response.

-Ray Edwards

TracyNeedham · 08-06-2011, 12:59 AM

Quote:

Originally Posted by Raydal

In my experience no client in their right minds would hold
you to a deadline if you ask for some information to complete
the project and they are slow in responding. It's common sense
that your completion of the project is tied to them providing that
piece of information.

So if they complain then you complain about their lack of response.

-Ray Edwards

Well, it's funny how they can get amnesia about this stuff. LOL But yes, 2 instances immediately come to mind of clients where I had to actually go back and document dates of info requests and delivery because they were pitching a fit.

In both cases, I think it was just an excuse because they didn't want to pay the bill. Still, it made me realize I probably needed to add something to cover my butt.

TracyNeedham · 08-06-2011, 01:19 AM

Quote:

Originally Posted by Stawrew

Hi Tracy,

I´m a lawyer, not a copywriter, but let me share you my opinion on this:

From my experience I can tell you that the less the client pays or deposits up-front, the more likely he will procrastinate. So, it may help if you increase the deposit amount. Once he feels that he has already paid a lot of money, he´ll chase you (at least that is my experience in my business).

Now, I wouldn´t do that with all clients, but if you have the feeling that some client may tend to procrastinate, you could do this. If he objects, just explain to him that this is to make sure that he´ll provide the information you need on time - which is basically in his interest.

If he continues to object, than share your experiences and the negative impact they have on your business and simply ask him how you can make sure that he won´t keep you waiting. Do it in a very polite way and try to make him understand what your problem is. Then, let him explain why he things that increasing the deposit is not necessary in his case.

If he offers an explanation that makes sense, just agree and put in the contract in writing. OK, hope this helps.

Best regards from Berlin, Germany, Kiril

Hi, You make a good point, although I do get at least 50% upfront from all but one client (but they're always under deadline so it's not an issue there).

In fact, I have one client right now who paid me in full for a small project 3 weeks ago but hasn't answered like 5 questions I needed him to yet, despite several follow-ups.

Now, I know this guy and know he fully expects the deadline to be pushed back because of this. But like I said, I've had a few others who seemed to think their delay shouldn't have an effect on my deadline.

writeandreview · 08-06-2011, 02:34 AM

Here's a project management technique that works:

In your Statement of Work (SOW) or proposal or the document you use to define scope, time and cost -- in the timeline, represent start date/times with a variable.

It looks like this:

Project Kickoff: t = actual start date
Initial Discovery and Research Period: t = t + 2 days
Customer Review: t = date of customer reply
Concept / Whiteboard-ing: t = t + 2 days
Customer Review: t = date of customer reply
First Draft: t = t + 4 days
Customer Review: t = date of customer reply

... and so on.

If you spell out the timeline like this, the customer sees that dragging his feet impacts the schedule.

And in case of a dispute, you'll be able to prove that the contract clearly spelled out each party's responsibilities.

John_S · 08-06-2011, 11:36 AM

This may not apply, but if you offer any kind of guarantee try to link that to compliance. (Meaning whatever is lacking).

For example, ten questions (or points or requirements) equals 100% guarantee, and only 9 equals 90% of your money back, 8 = 80% money back and so on. It's nice if there are ten. Five and twenty, not so much.

This motivates them and aligns their interests with your own.

08-04-2011, 10:21 PM	#1
TracyNeedham Copywriting Warrior War Room Member Join Date: Jan 2009 Location: Raleigh, NC Posts: 360 Thanks: 124 Thanked 118 Times in 76 Posts Social Networking	Contract Question Hi guys, Quick contract question I'm wrestling with tonight... I always give deadlines in my agreements in terms of weeks (2 weeks, etc) from date the deposit and signed agreement are received. Thus, if they want it in 2 weeks, then you'd better get those back to me fast. LOL I have sometimes added to that in the past a third item--deposit, signed agreement and any requested background information (such as completing my questionnaire or materials they wanted me to draw from). I started doing that after having a couple clients who really dragged their feet about getting me critical things and then wondered why their copy wasn't done. But I'm wondering if there's a better way to address because I don't always realize I need something until after I dive in. I know everyone's busy and it might take a couple days and that's fine, but when it takes a week or more for them to get back to me...it's a problem. How do you address this in your agreement? (Or do you?) Thanks!
	Get You (& Your Offline Customers!) More Sales, More Clients & More Money! 3 Easy Systems + the special secret sauce... TESTIMONIAL T.N.T. Discover Easy Tweaks to Get Visitors to Buy NOW It's all here in The Sales Supercharger!

08-05-2011, 03:25 AM	#2
Stawrew Warrior Member War Room Member Join Date: Apr 2010 Location: Berlin, Germany Posts: 21 Thanks: 39 Thanked 12 Times in 11 Posts Social Networking	Re: Contract Question Hi Tracy, I´m a lawyer, not a copywriter, but let me share you my opinion on this: From my experience I can tell you that the less the client pays or deposits up-front, the more likely he will procrastinate. So, it may help if you increase the deposit amount. Once he feels that he has already paid a lot of money, he´ll chase you (at least that is my experience in my business). Now, I wouldn´t do that with all clients, but if you have the feeling that some client may tend to procrastinate, you could do this. If he objects, just explain to him that this is to make sure that he´ll provide the information you need on time - which is basically in his interest. If he continues to object, than share your experiences and the negative impact they have on your business and simply ask him how you can make sure that he won´t keep you waiting. Do it in a very polite way and try to make him understand what your problem is. Then, let him explain why he things that increasing the deposit is not necessary in his case. If he offers an explanation that makes sense, just agree and put in the contract in writing. OK, hope this helps. Best regards from Berlin, Germany, Kiril
	Find and Buy Real Estate in Berlin and Germany

08-05-2011, 08:17 AM	#3
Raydal Veteran Copywriter War Room Member Join Date: Jan 2003 Location: Sarasota, FL, USA. Posts: 3,421 Thanks: 178 Thanked 1,290 Times in 580 Posts Social Networking Contact Info	Re: Contract Question In my experience no client in their right minds would hold you to a deadline if you ask for some information to complete the project and they are slow in responding. It's common sense that your completion of the project is tied to them providing that piece of information. So if they complain then you complain about their lack of response. -Ray Edwards
	WSO: Copywriting Coaching For Just $97 Per Month. An Unbelievable Deal! Hire a Professional Copywriter! \| FIVERR Gig: Copywriting Course! \| Get Your Sales Letter Critiqued

08-06-2011, 02:34 AM	#6
writeandreview Active Warrior Join Date: Jun 2010 Posts: 99 Thanks: 40 Thanked 32 Times in 22 Posts Contact Info	Re: Contract Question Here's a project management technique that works: In your Statement of Work (SOW) or proposal or the document you use to define scope, time and cost -- in the timeline, represent start date/times with a variable. It looks like this: Project Kickoff: t = actual start date Initial Discovery and Research Period: t = t + 2 days Customer Review: t = date of customer reply Concept / Whiteboard-ing: t = t + 2 days Customer Review: t = date of customer reply First Draft: t = t + 4 days Customer Review: t = date of customer reply ... and so on. If you spell out the timeline like this, the customer sees that dragging his feet impacts the schedule. And in case of a dispute, you'll be able to prove that the contract clearly spelled out each party's responsibilities.
	R Matt Lashley The Battle To Rank On Google’s First Page Of Results For The Phrase “Boise SEO” Is Well Underway

08-06-2011, 11:36 AM	#7
John_S Advanced Warrior Join Date: Sep 2006 Location: , , . Posts: 863 Thanks: 25 Thanked 399 Times in 234 Posts	Re: Contract Question This may not apply, but if you offer any kind of guarantee try to link that to compliance. (Meaning whatever is lacking). For example, ten questions (or points or requirements) equals 100% guarantee, and only 9 equals 90% of your money back, 8 = 80% money back and so on. It's nice if there are ten. Five and twenty, not so much. This motivates them and aligns their interests with your own.