Terms and conditions for a bid writer or grant writer

A bid writer produces a submission judged by evaluators the writer will never meet, on criteria the client may not have understood, against competitors whose bids cannot be seen. The terms have to say that success is not promised, make the client responsible for the facts, the pricing and the deadline, settle who submits and who owns the words, and deal with success fees. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Bid writers, tender consultants and grant writers in England and Wales preparing public and private sector tenders, framework applications and grant applications for business and charity clients, as a sole practitioner or a small firm. These are business-client terms.

What matters in bid writing terms

No guarantee of success

The terms should say that the writer prepares the submission with reasonable skill and care, that the outcome depends on the evaluators, the competition and the client's own price and capability, and that no award, score or shortlisting is guaranteed. Fees are for the writing, and the terms should say so in the same sentence.

The client's facts, pricing and evidence

The writer writes what the client can prove. The terms should make the client responsible for the accuracy of the information, case studies, certifications and financial figures supplied, for the pricing and commercial decisions in the bid, for confirming that claims can be evidenced, and for approving the final submission. A bid that overstates the client's capability is the client's misrepresentation, and the terms should say who owns it.

Deadlines, availability and submission

Tenders have hard deadlines and portals that close, and public sector procurements now run under the Procurement Act 2023, whose timescales and clarification rules the terms should say are the client's to manage. The terms should set the dates by which the client must provide information and approvals, say that late information puts the deadline at risk and that the writer is not responsible for a missed deadline caused by the client or by a portal failure, and say who submits: the client, from its own portal account, unless the terms expressly authorise the writer to submit on its behalf.

Fees, success fees and conflicts

Fees are fixed per bid or by day rate, invoiced in stages with interest and fixed compensation on late payment under the Late Payment of Commercial Debts (Interest) Act 1998. Where a success fee is agreed, the terms should define success, say when it is payable, and confirm that the success fee does not affect the writer's obligation to present the client accurately. The terms should address conflicts: the writer will not act for competing bidders on the same tender without disclosure, and the client is told what that means.

Ownership, confidentiality and liability

Under the Copyright, Designs and Patents Act 1988 the writer owns the text until it assigns it; the terms should pass the bid content to the client on payment while the writer keeps its templates, libraries and generic content. The client's information is confidential and the terms should say so, with the writer entitled to keep records of what it submitted. Liability should be capped at the fees for the bid, with consequential loss and the value of any contract not won excluded, tested for reasonableness under the Unfair Contract Terms Act 1977.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Buying online forms the engagement on payment. The scope is what the terms and conditions drafting page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

We lost the tender and the client says our answers scored badly. Are we liable?

If the terms say that no outcome is guaranteed and that the client approved the submission, the score is the evaluators' judgement, not a breach. A claim would need to show that the writing fell below reasonable skill and care, which the client's approval makes hard to argue.

The client sent the financial figures late and the portal closed. Whose fault?

The client's, if the terms set the dates for information and say that late information puts the deadline at risk and is not the writer's responsibility. Keep the timeline in writing.

Can we act for two companies bidding for the same contract?

Only with both clients' informed agreement and information barriers, and the terms should say that the writer will disclose a conflict and may decline. Silence on conflicts is the main risk.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a management consultant
• Terms and conditions for a freelance copywriter

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.