Hemp Writer v. Sitegains

by | Nov 27, 2023 | Contract Law

Jon Dunn’s initial complaint against Joseph Powers.

Jon Dunn’s SEO company is located in the United Kingdom (UK) and his client is also located in the UK.

Jon Dunn hires an American writer, Joseph Powers, located in America who speaks native fluent United States Of America English from birth.

Jon Dunn restricts the research that Joseph can cite to UK based cannabis research only.

Jon Dunn provides Joseph with a Topical Map spreadsheet in which Jon Dunn expresses the writers can change the title and outline to whatever they want.

The spreadsheet provides WRITING GUIDELINES that requires UK English only and other straight forward requirements.

At no time did Jon Dunn ask Joseph if he can speak or write in UK English.

After Joseph submitted the first two trial articles, Jon Dunn did not complain about Joseph not writing in UK English.

Hi Joseph,

I wanted to discuss the articles you have submitted for our current contract. We have had some discussions on Slack, where I have requested rewrites for the four articles that I have reviewed so far. Tyler has also previously provided feedback on some of your work. In addition to those mentioned on Slack, I have also reviewed many other articles without providing feedback yet. Before we delve into each article individually, I think it’s important for us to have an open and honest conversation about the content as a whole.

I have noticed a number of recurring issues with your content that have been consistently below our expectations. To give you a better understanding, here are the main concerns I have identified:

  1. Poor use of English: There are many instances where the language used in the articles is not up to the required standard.
  2. Strange use of words: Some of the vocabulary choices in the articles seem out of place or inappropriate for the context. Some word choices are awkward and feel like it’s not written by a native English writer.
  3. Poor sentence structure: The structure of the sentences often lack coherence, again, not what you’d expect from a native English writer or copywriter.
  4. Recurring use of US English: We require content to be written in UK English, yet there are endless American English spellings and phrases.
  5. Recurring “Americanisms”: Certain references and examples used in the articles, such as citing dollars, specific states in the US, or referring to the US route to medical cannabis, are not relevant to our target audience.
  6. Lack of cannabis expertise: As a copywriter specialising in cannabis, we expected a certain level of expertise in the subject matter. However, the content you have provided lacks the depth and knowledge that should be present in articles related to this industry.

It is evident that the quality of the content you have delivered does not align with the level of expertise and experience we were expecting from a copywriter with 10 years of experience in the cannabis field. This quality discrepancy is also quite apparent when comparing your work to the examples on your website (https://hempwriter.com/). I provided extensive writers guidelines addressing all of the above and our expectations before the contract started.

Before we proceed further, I would appreciate if you could clarify whether you outsourced the writing of these articles, as it seems very likely. Additionally, considering the time spent reviewing, revising and the extent of revisions needed across the content, we would be willing to pay 50% of the agreed amount for the articles, as we will need to engage another writer to rewrite them to meet our standards.

Kind Regards.

Exhibit 6 – Jon Dunn UpWork message

Brief Timeline Of Events

  1. Sitegain owner, Jon Dunn, offers Joseph Powers (dba Hemp Writer) to write 50,000 words at 12.5 cents per word to be completed within 30 days.
  2. The contract begins with a trial of two articles to verify Joseph is competent and can deliver quality work that aligns with the writer guidelines provided by Jon Dunn.
  3. Jon Dunn pays Joseph $420.00 for approximately 2,800 words.
  4. Joseph writes two articles and submits them to Jon Dunn.
  5. Jon Dunn approves the two articles.
  6. Jon Dunn Pays Joseph the full contract of $6,250.00 upfront.
  7. Joseph delivers approximately 12,500 words each week until the contract is complete.
  8. Jon Dunn requests edits more than seven days after Joseph submits the final document.
  9. Joseph offers Jon Dunn to edit articles for $42 per hour.
  10. Jon Dunn does not respond to Joseph’s offer.

Read Joseph’s Full Response To This Client.

Exhibits

  1. Exhibit 1 – Timeline Of Events – Jon Dunn and Joseph Powers
  2. Exhibit 2 – Invoice-1—Trial-Articles-and-Contract-Terms
  3. Exhibit 3 – Invoice-2
  4. Exhibit 4 – Jon Dunn rewrite requests 1
  5. Exhibit 5 – Jon Dunn rewrite requests 2
  6. Exhibit 6 – Jon Dunn UpWork message
  7. Exhibit 7 – Pass trial articles then add to slack
  8. Exhibit 8 – Added to Slack
  9. Exhibit 9 – Final Email – no response

Timeline Of Events

April 18, 2023

Joseph Powers recommends to Jon Dun, “For larger projects, I occasionally recommend starting with hourly to dial in SOPs.”

Comment.

In this context, Joseph Powers is giving advice to Jon Dun about managing larger projects. When he suggests “starting with hourly to dial in SOPs”, he’s essentially advising Jon to begin by billing on an hourly basis until Standard Operating Procedures (SOPs) are firmly established.

Let’s break this down:

Starting with hourly: This refers to the initial payment structure for the project. Instead of charging a flat rate for the entire project, Powers suggests billing by the hour. This allows for flexibility during the early stages when the full scope or time commitment of the project might not be clear.

Dial in SOPs: “Dial in” is a phrase that means to adjust or fine-tune something until it works well. “SOPs” stands for Standard Operating Procedures, which are established procedures that a business follows to carry out its operations.

So, in essence, Powers is recommending that for larger projects, it can be beneficial to start with an hourly payment structure while they are still fine-tuning the standard operating procedures. Once those procedures are solidified and they have a better understanding of the work scope and time commitment, they might transition to a different payment structure.

See also: How To Effectively Manage A Team Of External Content Writers – 49 Strategies For Ensuring Consistency In Your Cannabis Brand’s Digital Presence

April 19, 2023

Joseph Powers to Jon Dunn, “My usual rate ranges between 10 – 25 cents per word.”

April 21, 2023 – Exhibit 2

Joseph Powers and Jon Dun agree to contract.

$0.15 per word.

Begin with a two-article trial period at approximately 1,400 words for each article.

If successful trial then write up to 2,500 words per day for 20 days for a total of up to 50,000 words for the project duration.

Article length will range from 800 to 2,000 words.

Original, factually accurate, and passes plagiarism and AI checkers (detection software access & preference provided by client).

Revision Policy:

I am committed to delivering high-quality work that meets your requirements. If any revisions are needed, I will gladly provide up to one (1) revision free of charge, as long as they are requested within seven (7) days from the delivery of each article.

Any revisions beyond the included number or after the specified period will be subject to additional charges, to be discussed as needed.

April 23, 2023 – Exhibit 7

Once trial is passed, I’ll add you to Slack.

April 24, 2023 – Exhibit 2

Jon Dun pays Joseph Powers $420.00.

April 26, 2023 – Exhibit 3

Joseph Powers and Jon Dun agree to contract.

$0.125 per word for 50,000 words. Approx. 2500 words per day.

Total $6,250.00

April 26, 2023 – Exhibit 3

Jon Dunn pays Joseph Powers $6,250.00

April 26, 2023 – Exhibit 8

Jon Dunn adds Joseph Powers to Slack.

Joseph Powers received no edits or feedback from Jon Dunn on trial articles.

May 26, 2023

Joseph Powers submits all remaining articles fulfilling contract.

May 30, 2023 – Exhibit 4

  1. Article 115 submitted May 5, 2023, rewrite requested on May 30, 2023.
    1. Not eligible for up to one (1) revision free of charge. Rewrite request made beyond the agreed upon seven (7) day rewrite request.
    2. Jon Dunn requests Joseph Powers rewrite article 115 that’s 18 days beyond free of charge requests.

May 31, 2023 – Exhibit 4

Joseph Powers provides Jon Dunn with a complementary rewrite of article 115. 

Jun 2, 2023 – Exhibit 5

  1. Article 128 submitted May 12, 2023, rewrite requested on June 2, 2023.
    1. Not eligible for up to one (1) revision free of charge. Rewrite request made beyond the agreed upon seven (7) day rewrite request.
    2. Jon Dunn requests Joseph Powers rewrite article 128 that’s 14 days beyond free of charge requests.
  2. Article 141 submitted May 19, 2023, rewrite requested on June 2, 2023.
    1. Not eligible for up to one (1) revision free of charge. Rewrite request made beyond the agreed upon seven (7) day rewrite request.
    2. Jon Dunn requests Joseph Powers rewrite article 141 that’s 7 days beyond free of charge requests.
  3. Article 142 submitted May 19, 2023, rewrite requested on June 2, 2023.
    1. Not eligible for up to one (1) revision free of charge. Rewrite request made beyond the agreed upon seven (7) day rewrite request.
    2. Jon Dunn requests Joseph Powers rewrite article 142 that’s 7 days beyond free of charge requests.
  4. Article 143 submitted May 19, 2023, rewrite requested on June 2, 2023.
    1. Not eligible for up to one (1) revision free of charge. Rewrite request made beyond the agreed upon seven (7) day rewrite request.
    2. Jon Dunn requests Joseph Powers rewrite article 143 that’s 7 days beyond free of charge requests.