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Legalities: David Rothman's obligations and your own (in plain English)

David Rothman | dr@davidrothman.com | 703-370-6540 | Readable Web sites and other coordinated editorial services

Using an editor or Web designer isn't like using a plumber.

Not many ways exist to fix a toilet, while zillions of possibilities exist for the creation of a newsletter, Web site, email list, brochure, advertisement or press release. It's truly important for you and your editorial contractor to be in sync on creative details--and business ones, too.

In plain English, here's what you should expect or not expect of David Rothman.

1. David will do his very best to make your deadlines. He takes this requirement seriously and has a backup computer and a second albeit slower Net connection.

2. He will work with you to avoid surprises, so that you obtain the work product you expect. Keep in mind his strengths. He is a business-oriented editor, writer and Web site planner but does not represent himself as, say, a Java programmer or a master artist. Other experts will be used, at extra cost to you, in situations where your budget justifies. David will first obtain your permission for use of those people, and they will bill you directly.

3. Within reason, David will do additional drafts if you are unhappy with the work product. His goal is full satisfaction.

4. David will try his best but will not be responsible for proofing of the finished product and the expense of any changes.

5. He will not guarantee the performance of any programmer, artist or other person he uses or recommends.

6. David will allow unlimited use of the material he creates as a work for hire, as long as you've fully paid for it. He reserves the right to deny you all uses of Rothman-created Web sites and Rothman-created content on which you are more than three months behind in payment of bills. You will not own what you do not fully pay for.

What's expected or not expected of you?

1. You will promptly provide graphics and, in applicable cases, text. David cannot make his deadlines without your cooperation.

2. You'll do your best to decide your intentions before David goes to work on a Web site, newsletter or whatever else you've hired him to do. David understands your right to fine-tune, and during the creation of a Web site or other work product he will make reasonable changes at no extra cost.

3. You will provide David with timely feedback. He will consult with you as he creates the site, newsletter or other work product, not just at the end of the process.

4. Your continued use of services for which David invoiced you will further indicate an agreement to use such services. David will orally consult with you beforehand before performing services. No surprises!

5. Payment will be prompt. David reserves the right to level late fees if you fall more than a month behind. As noted, he also may remove Rothman-created pages from your Web site if you are more than three months behind on your bills. You will not be allowed to transfer his pages, or his writings, to other sites to avoid payment.

6. You will let David use reproductions of or links to Web sites and other work products for the purpose of promoting his business.

All transactions will be covered by the laws of the state of Virginia and any disputes will be settled there. If legal fees are incurred and you lose, you agree to pay all costs. Furthermore, you unconditionally agree to pay collection expenses.

Hey, relax. These legalities are right up front to avoid problems, not create them. In many years of editing and writing, David has neither sued a client nor been sued.