Terms of Service
Terms of Service
Effective date: October 1, 2026
Last updated: October 1, 2026
Welcome to the website of Crescent Moon Writing Co ("Crescent Moon Writing Co," "I," "me," or "my"), a copywriting business owned and operated by Ellen Merriss, a sole proprietor based in California.
By visiting this website (the "Site") or contacting me about my services, you agree to these Terms of Service ("Terms"). If you don't agree, please don't use the Site. I've kept this in plain English on purpose: you should know exactly what you're agreeing to.
1. What these Terms cover
These Terms cover two things:
Your use of this Site, including browsing, reading, and sending me a message through the contact form.
The general ground rules for my copywriting services, which apply to every client unless our written agreement says otherwise.
When you hire me, we'll sign a proposal, statement of work, or service agreement (a "Client Agreement") that spells out your project, fees, payment schedule, timeline, ownership of the finished work, and cancellation and refund terms. Those details vary by client and project. If anything in a Client Agreement conflicts with these Terms, the Client Agreement wins for that project.
2. My services
I provide copywriting services, which may include website copy, blog content, email copy, and related written work. Nothing on this Site is a guarantee that I'll accept your project. A working relationship begins only when we've both agreed to a Client Agreement and any required deposit has been paid.
3. Fees, invoices, and payment
Fees, deposits, due dates, and payment methods are set out in your Client Agreement.
Work begins once the agreement is signed and any deposit is received.
Invoices not paid by the due date may be subject to late fees as stated in your Client Agreement, and I may pause work until your account is current.
Final files and rights to the finished copy are delivered upon receipt of full payment, unless your Client Agreement says otherwise (see Section 6).
You're responsible for any taxes, platform fees, or transaction fees that apply to your payments.
4. Revisions
Unless your Client Agreement says otherwise, each project includes two (2) rounds of revisions to the delivered draft.
A "round" means one consolidated set of feedback on the draft, sent together.
Revisions refine the copy within the original scope. They don't include changing the project's direction, brief, audience, or offer after drafting has begun, or adding new pages or pieces.
Additional rounds or changes to scope are billed separately at my current rate, and I'll give you a quote before doing that work.
If I don't receive feedback within the timeframe in your Client Agreement (or, if none is stated, within 30 days of delivering a draft), I may consider the draft approved and the project complete.
5. What I need from you
To do good work, I rely on you to:
Provide accurate information, a clear brief, and the materials I ask for in a timely way.
Give feedback and approvals by the agreed deadlines. Delays on your end may shift the delivery date.
Make sure you have the right to use any materials you give me (including text, images, logos, data, testimonials, and brand assets).
Review and approve final copy before it's published. You are responsible for the final decision to publish.
6. Ownership and rights
Your materials. You keep ownership of everything you give me. You give me permission to use it only to perform the services.
The finished copy. Ownership and usage rights in the final, paid-for copy are set out in your Client Agreement. Unless that agreement says something different, rights in the final approved copy transfer to you once I've received full payment.
My process and unused work. Until full payment is received, I keep all rights to my work. I also keep rights to my general methods, know-how, templates, and ideas, as well as any drafts, concepts, or options that were not selected and paid for.
Portfolio and promotion. I won't display or describe your project, your business name, or your materials in my portfolio, case studies, or marketing unless you've agreed in writing.
7. Confidentiality
I treat the non-public information you share with me about your business as confidential and use it only to provide the services. I won't share your client-provided materials with anyone else without your explicit permission, except where I'm required to by law or where it's necessary to protect my legal rights.
This doesn't apply to information that is already public, that you've made public, or that I received lawfully from another source without a confidentiality duty.
8. Testimonials and results
Testimonials and case studies on this Site reflect the experiences of the individuals who gave them. They are not a promise that you'll get the same results.
Copywriting is one part of a bigger picture. I can't guarantee particular outcomes such as sales, leads, traffic, search rankings, open rates, or conversions. Those depend on many factors outside my control, including your product, pricing, market, ad spend, design, and how the copy is used.
9. Legal and compliance responsibility
I'm a copywriter, not a lawyer, accountant, or other licensed professional, and my work is not legal, financial, medical, or regulatory advice.
You are responsible for making sure the claims, statements, testimonials, offers, disclosures, and results described in your copy are true, substantiated, and compliant with the laws and rules that apply to your business and industry (for example, advertising, endorsement, and consumer protection laws). If your industry is regulated, please have your own professional review the final copy before it goes live.
10. Cancellation and refunds
Cancellation and refund terms are set out in your Client Agreement. If your Client Agreement doesn't address them, then work already completed and any non-refundable deposit remain payable, and I'll invoice you for work completed up to the date of cancellation.
11. Using this Site
You agree to use the Site lawfully and respectfully. You won't:
Try to hack, disrupt, overload, or gain unauthorized access to the Site or its systems.
Use the Site to send spam, malware, or anything unlawful, harassing, or deceptive.
Copy, scrape, or republish the Site's content in bulk without my written permission.
Use the Site in a way that violates anyone else's rights.
I may restrict or end access to the Site at any time if I believe these Terms are being violated.
12. Intellectual property on the Site
All content on this Site, including the text, copy, design, graphics, logo, and the name Crescent Moon Writing Co, is owned by me or used with permission, and is protected by copyright, trademark, and other laws. You may view the Site and share links to it. You may not copy, reproduce, adapt, or sell any of its content without my prior written permission.
If you send me feedback or ideas about the Site, I may use them freely without owing you anything.
13. Contact form and communications
When you send me a message through the contact form, you agree that I may contact you by email in response. Sending a message doesn't create a client relationship or any confidentiality obligation until we've agreed to work together. Please don't include sensitive personal, financial, or other confidential information in the contact form.
How I handle your information is explained in my Privacy Policy.
14. Third-party links and services
The Site may link to third-party websites, and my services may involve third-party platforms and tools (such as website, email, or scheduling platforms). I don't control those, and I'm not responsible for their content, policies, availability, or practices. Using them is at your own risk and subject to their terms.
15. Disclaimer of warranties
The Site and its content are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. I don't promise that the Site will always be available, error-free, or secure.
16. Limitation of liability
To the fullest extent permitted by law:
I'm not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, business opportunities, or goodwill, arising from or related to the Site or my services, even if I've been told such damages are possible.
My total liability for any claim arising from or related to the Site or my services is limited to the amount you paid me for the specific services that gave rise to the claim in the three (3) months before the claim arose. For Site use only, my total liability is limited to $100.
Nothing in these Terms limits liability that can't be limited under applicable law, such as liability for fraud or willful misconduct. Some jurisdictions don't allow certain limitations, so some of the above may not apply to you.
17. Indemnification
You agree to defend, indemnify, and hold harmless Ellen Merriss and Crescent Moon Writing Co from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:
Materials, information, or claims you provide or approve for use in your copy.
Your use of the finished copy.
Your violation of these Terms or of any law or third-party right.
18. Independent contractor
I'm an independent contractor, not your employee, partner, or agent. I control how, when, and where I do my work (subject to agreed deadlines and deliverables), and I'm responsible for my own taxes and business expenses.
19. Governing law and disputes
These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules.
If a dispute comes up, please contact me first at emmerriss@gmail.com, and let's try to work it out informally for at least 30 days. If we can't, either of us may bring the dispute in small claims court if it qualifies, or otherwise in the state or federal courts located in Sacramento County, California, and you consent to those courts' jurisdiction and venue.
20. Changes to these Terms
I may update these Terms from time to time. When I do, I'll change the "Last updated" date at the top. Changes apply going forward, and your continued use of the Site after an update means you accept the new Terms. Changes won't alter the terms of a Client Agreement already signed, unless you and I agree in writing.
21. General
Entire agreement. These Terms, together with any Client Agreement and my Privacy Policy, are the whole agreement between us on these subjects.
If part is unenforceable. If any part of these Terms is found unenforceable, the rest stays in effect.
No waiver. If I don't enforce a right right away, I haven't given it up.
Assignment. You may not transfer your rights under these Terms without my written consent. I may assign mine as part of a sale or restructuring of my business.
Survival. Sections that by their nature should continue after our work ends (including ownership, confidentiality, liability, indemnification, and governing law) will do so.
22. Contact
Questions about these Terms? Reach out any time:
Crescent Moon Writing Co Ellen Merriss, owner Email: emmerriss@gmail.com