Comments on: Contract Basics for Freelancers http://www.freelancewritinggigs.com/2008/07/contract-basics-for-freelancers/ Mutual Respect Sun, 22 Nov 2009 01:25:14 -0400 http://wordpress.org/?v=2.8.4 hourly 1 By: Andrea http://www.freelancewritinggigs.com/2008/07/contract-basics-for-freelancers/comment-page-1/#comment-30604 Andrea Sun, 06 Jul 2008 20:27:13 +0000 http://www.freelancewritinggigs.com/?p=944#comment-30604 Oops, sorry, that was 5MB of storage space! Oops, sorry, that was 5MB of storage space!

]]> By: Andrea http://www.freelancewritinggigs.com/2008/07/contract-basics-for-freelancers/comment-page-1/#comment-30602 Andrea Sun, 06 Jul 2008 20:23:14 +0000 http://www.freelancewritinggigs.com/?p=944#comment-30602 @Dani: I also did some looking and there's a site called Blog Backup Online. You can register for free and it will automatically backup your entire blog up to 50MB (I think that's the number). The potential problem with syndicating (I've discovered) is that you aren't necessarily getting the entire post unless you click back to the original blog. At least that's the way I've got mine set up at the moment. I'm toying with some things to see if I can get the full posts. To syndicate to another blog, I think you'd just go into that blog and set up the RSS or Atom feed from your Today blog. That's pretty much what I did, but I'm only using Wordpress and Blogger blogs, so I'm not sure how other formats work. @Dani: I also did some looking and there’s a site called Blog Backup Online. You can register for free and it will automatically backup your entire blog up to 50MB (I think that’s the number). The potential problem with syndicating (I’ve discovered) is that you aren’t necessarily getting the entire post unless you click back to the original blog. At least that’s the way I’ve got mine set up at the moment. I’m toying with some things to see if I can get the full posts. To syndicate to another blog, I think you’d just go into that blog and set up the RSS or Atom feed from your Today blog. That’s pretty much what I did, but I’m only using Wordpress and Blogger blogs, so I’m not sure how other formats work.

]]> By: Dani http://www.freelancewritinggigs.com/2008/07/contract-basics-for-freelancers/comment-page-1/#comment-30593 Dani Sun, 06 Jul 2008 18:53:52 +0000 http://www.freelancewritinggigs.com/?p=944#comment-30593 @ Andrea: Thanks for the tip! Question - how do I syndicate it to another blog? I have feed reader things (or something) in the side bar of other blogs that show the newest post and title and it auto-updates, but that is something different, right? I am not really a technical person. I just sign up for the cool stuff or I just find out where to get code for cool stuff and then copy and paste. :-D @ Andrea: Thanks for the tip! Question – how do I syndicate it to another blog? I have feed reader things (or something) in the side bar of other blogs that show the newest post and title and it auto-updates, but that is something different, right?

I am not really a technical person. I just sign up for the cool stuff or I just find out where to get code for cool stuff and then copy and paste. :-D

]]> By: Maria http://www.freelancewritinggigs.com/2008/07/contract-basics-for-freelancers/comment-page-1/#comment-30592 Maria Sun, 06 Jul 2008 18:44:50 +0000 http://www.freelancewritinggigs.com/?p=944#comment-30592 I forgot one other issue, invalid vs. unenforceable. An invalid contract is one that never existed in the fist place. An unenforceable contract can certainly be a vaild contract; however, it cannot be enforced becasue certain statutory requirements. haven't been met. Jodee's example of the statutory requirement for written contracts for real estate transactions is a classic example. You may have a valid oral deal in place, but it can't be enforced because the statutory requirement of having to write it down hasn't been met. It's never a good idea to quote legal issues from a web site unless you truly understand what you are quoting. Contract law is extremely complex and like most other areas of the law, is changing because of the requirements of digital transactions. I forgot one other issue, invalid vs. unenforceable. An invalid contract is one that never existed in the fist place. An unenforceable contract can certainly be a vaild contract; however, it cannot be enforced becasue certain statutory requirements. haven’t been met. Jodee’s example of the statutory requirement for written contracts for real estate transactions is a classic example. You may have a valid oral deal in place, but it can’t be enforced because the statutory requirement of having to write it down hasn’t been met.

It’s never a good idea to quote legal issues from a web site unless you truly understand what you are quoting. Contract law is extremely complex and like most other areas of the law, is changing because of the requirements of digital transactions.

]]> By: Maria http://www.freelancewritinggigs.com/2008/07/contract-basics-for-freelancers/comment-page-1/#comment-30591 Maria Sun, 06 Jul 2008 18:30:33 +0000 http://www.freelancewritinggigs.com/?p=944#comment-30591 Just a couple of comments about contracts. In the strictest legal sense, consideration is what the freelance writer receives for the service provided. In other words, a contract exists because the purchaser of the service seeks the service which the freelancer provides and agrees to provide consideration. That is their obligation under the contract. The freelancer is obliged to deliver the service in the agreed manner as stated under the terms of the contract. Failure by either party to uphold their obligation is tantamount to breach of contract. The issue of competency isn't quite as cut and dried. There is such a thing as temporary incompetence due to illness, or other condition that would so incapacitate the party that it would make the contract null and void. Also, don't forget coersion. If either party can prove they were forced into signing, or forced to accept the terms in order to get the contract, that also makes the contract invalid. Just a couple of comments about contracts. In the strictest legal sense, consideration is what the freelance writer receives for the service provided. In other words, a contract exists because the purchaser of the service seeks the service which the freelancer provides and agrees to provide consideration. That is their obligation under the contract. The freelancer is obliged to deliver the service in the agreed manner as stated under the terms of the contract. Failure by either party to uphold their obligation is tantamount to breach of contract.

The issue of competency isn’t quite as cut and dried. There is such a thing as temporary incompetence due to illness, or other condition that would so incapacitate the party that it would make the contract null and void. Also, don’t forget coersion. If either party can prove they were forced into signing, or forced to accept the terms in order to get the contract, that also makes the contract invalid.

]]> By: Andrea http://www.freelancewritinggigs.com/2008/07/contract-basics-for-freelancers/comment-page-1/#comment-30590 Andrea Sun, 06 Jul 2008 18:23:28 +0000 http://www.freelancewritinggigs.com/?p=944#comment-30590 @Dani: I actually have my Today blog syndicated to 2 other blogs, mostly to drive traffic there. I suppose that could be done in a way that the entire post comes up instead of just the first few lines. At least that way you have the samples (I think). Maybe I'll just go back and save them as files, just in case... @Dani: I actually have my Today blog syndicated to 2 other blogs, mostly to drive traffic there. I suppose that could be done in a way that the entire post comes up instead of just the first few lines. At least that way you have the samples (I think). Maybe I’ll just go back and save them as files, just in case…

]]> By: Dani http://www.freelancewritinggigs.com/2008/07/contract-basics-for-freelancers/comment-page-1/#comment-30585 Dani Sun, 06 Jul 2008 17:01:43 +0000 http://www.freelancewritinggigs.com/?p=944#comment-30585 @ Ann G: That is interesting and thank you for that information. As I have been trying to decide what to do I looked in their FAQs section and they state: "How often should I post? You can post as often as you like. If you are being paid per daily post we pay for the first post of the day that is 100+ words. Writing more than one post a day certainly helps your blog, however, you will be paid according to the current terms associated with your account. If you are unable to post for a while for any reason (e.g. vacation!) you can start posting when you are available again, or publish posts with a future timestamp. Posts published with a future date go live at the date and time you choose when publishing. Posts published with a past date in ineligible for payment." I read nothing in the FAQs that stated you had to post within a certain time frame or it would be deleted, so it is disappointing that they responded in that manner. @ Anyone: I know Today bought the rights, but would there be an advantage to having screen shots of various blog entries with them to use as clips? (You can keep screenshots of your work for clips, right?) Or would that open a can of worms (why they aren't still displayed) with a potential employer/client that shouldn't be opened? @ Ann G:

That is interesting and thank you for that information. As I have been trying to decide what to do I looked in their FAQs section and they state:

“How often should I post?

You can post as often as you like. If you are being paid per daily post we pay for the first post of the day that is 100+ words. Writing more than one post a day certainly helps your blog, however, you will be paid according to the current terms associated with your account.

If you are unable to post for a while for any reason (e.g. vacation!) you can start posting when you are available again, or publish posts with a future timestamp. Posts published with a future date go live at the date and time you choose when publishing.

Posts published with a past date in ineligible for payment.”

I read nothing in the FAQs that stated you had to post within a certain time frame or it would be deleted, so it is disappointing that they responded in that manner.

@ Anyone:
I know Today bought the rights, but would there be an advantage to having screen shots of various blog entries with them to use as clips? (You can keep screenshots of your work for clips, right?)
Or would that open a can of worms (why they aren’t still displayed) with a potential employer/client that shouldn’t be opened?

]]> By: Ann G. http://www.freelancewritinggigs.com/2008/07/contract-basics-for-freelancers/comment-page-1/#comment-30565 Ann G. Sun, 06 Jul 2008 12:41:06 +0000 http://www.freelancewritinggigs.com/?p=944#comment-30565 Re: Today.com One thing I should have mentioned. I stopped posting to my blog and received the email on Friday that due to inactivity they have deleted my blog. Therefore the money I had earned was short of the $50 requirement, so I won't ever see that money because they did make it clear that they would not pay until you made the $50 mark. So those who are just now dealing with the rate drop, it's something to consider. If you become sporadic with your posting, they'll take away your account. Re: Today.com

One thing I should have mentioned. I stopped posting to my blog and received the email on Friday that due to inactivity they have deleted my blog. Therefore the money I had earned was short of the $50 requirement, so I won’t ever see that money because they did make it clear that they would not pay until you made the $50 mark. So those who are just now dealing with the rate drop, it’s something to consider. If you become sporadic with your posting, they’ll take away your account.

]]> By: Phil http://www.freelancewritinggigs.com/2008/07/contract-basics-for-freelancers/comment-page-1/#comment-30563 Phil Sun, 06 Jul 2008 11:58:46 +0000 http://www.freelancewritinggigs.com/?p=944#comment-30563 You may want to look into letters of agreement as well. Not as formal as contracts, so may not scare off some potential clients, but are also legal documents (caveat: I'm no lawyer) You may want to look into letters of agreement as well. Not as formal as contracts, so may not scare off some potential clients, but are also legal documents (caveat: I’m no lawyer)

]]> By: Jodee http://www.freelancewritinggigs.com/2008/07/contract-basics-for-freelancers/comment-page-1/#comment-30497 Jodee Sat, 05 Jul 2008 19:35:16 +0000 http://www.freelancewritinggigs.com/?p=944#comment-30497 @ Amy: Thanks! :) The information for this post was taken from a U.S. legal site. The law re contracts is basically the same in Canada, though. @ Amy: Thanks! :) The information for this post was taken from a U.S. legal site. The law re contracts is basically the same in Canada, though.

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