Terms of Service
1. The Agreement
1.1 The Terms of Service relate to a single service or services provided by Sarah Wilson-Blackwell, The Sarky Type® (henceforth known as the Contractor) and you, or your registered business (henceforth known as the Client).
1.2 The Terms of Service will remain in force and effect until the service/services have been delivered.
1.3 Proposals and quotations remain valid for 30 days. The Contractor reserves the right to revise the quotation should the Client wish to proceed after that period.
1.4 The Contractor will provide a quotation based on information supplied by the Client. If, on reflection, more work is involved, the Contractor reserves the right to revise the quotation where applicable.
1.5 The agreement relates to works quoted for and secured via payment. Any further work required will be evaluated and priced separately.
2. Payment
2.1 The project balance is required in full before work is scheduled. Up-front payment secures the project in the Contractor’s calendar.
2.2 Retainer services are invoiced at the beginning of each month. The work will commence once the Contractor receives payment.
2.3 Payments to the Contractor are made via bank transfer or payment link.
2.4 Late payment fees are charged at an interest rate of 8% plus the Bank of England base rate. These fees will be accrued each day the payment is not received.
2.5 The Client is liable for any fees incurred by the Contractor whilst attempting to recover missed or late payments.
2.6 Refunds are given at the discretion of the Contractor.
3. Cancellations
3.1 The Contractor will retain any payments made by the Client should the Client cancel five working days or fewer before the scheduled work start date.
3.2 If the Client cancels while work is undertaken, the Contractor, where applicable, will invoice the Client for any work already completed.
3.3 The Contractor requires a sixty-day cancellation notice period for retained services. The Contractor will give the Client sixty days’ notice if the Contractor wishes to terminate the agreement. Cancellation requests are sent in writing by email or a digital document. The cancellation email or document date commences the sixty-day notice period.
3.4 The Contractor reserves the right to terminate the agreement if the Client breaches the Terms of Service.
4. The Contractor
4.1 The Contractor is registered for Self Assessment with HMRC and is a self-employed, independent party. The Contractor is liable for their own business expenses and tax contributions.
4.2 The Contractor works remotely from anywhere they choose.
4.3 The Contractor will communicate via email and/or any other written means.
4.4 Phone/video calls are provided by the Contractor at their discretion.
4.5 The Contractor is not obliged to be ‘on call’ to the Client during the agreement period.
4.6 The Contractor is not obliged to inform the Client of leave taken during the agreement. In the event that absence or unavailability directly impacts the deliverable date, the Contractor will inform the Client as soon as possible.
4.7 The Contractor reserves the right to secure other work during the agreement.
4.8 The Contractor will correspond with one point of contact. That includes project revisions that the Client requests.
4.9 Revisions will be accepted at the first draft stage. Once amendments have been made, the draft will be handed to the Contractor’s proofreader.
4.10 The Contractor will not accept a first draft edited or altered by the Client.
4.11 The Contractor will use an offline Word or Pages document for first drafts and completed works documents.
4.12 The Contractor will not accept advice concerning the Contractor’s areas of expertise from the client.
5. Standard of Service
5.1 The Contractor will work to the highest standard, ensuring they deliver the service and/or services to the best of their ability with the knowledge they have sourced and received from the Client. However, “highest” and “best” are terms open to interpretation and vary depending on the individual.
6. Feedback
6.1 The Contractor welcomes well-intentioned constructive feedback.
7. Confidentiality and Data Protection
7.1 Information provided by the Client will only be used to provide services to the Client. Private information is stored offline on an external, password-protected hard drive. The Client can request access to their data and ensure it is accurate and up to date. The Client can request that any data be destroyed after the agreement ends. The Contractor will not divulge client information to a third party. These obligations will apply during the agreement and will survive indefinitely. Any information shared via email will be subject to the Contractor’s email service provider’s terms. To find out how Gmail manage data, click here.
Further information about how the Contractor processes your data can be found in their Privacy Policy.
8. Intellectual Property
8.1 All intellectual property and related material, including trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name that is produced under the agreement, will be the sole property of the Client once the agreement is completed.
8.2 The Contractor reserves the right to use the intellectual property beyond the agreement for marketing purposes.
9. Indemnity and Liability
9.1 The Client is responsible for the accuracy and completeness of the project/work/items/documents and all information provided to the Contractor to complete the service/services.
9.2 It is the responsibility of the Client to ensure that their work does not breach plagiarism and copyright guidelines.
9.3 The Contractor is not liable for incidental, indirect, consequential, special, punitive, or exemplary damages, including the following:
- Any loss of actual or anticipated revenues or profits
- Any loss of business or expected future business
- Any loss of data related to the service
- Any damage to reputation or goodwill
- Any loss or damage that is not foreseeable
- Any loss arising in the event that the use of the services is in breach of the Client’s university/academic institution’s regulations governing academic work
10. Force Majeure
10.1 The Contractor is not liable for any failure or delay in performing their obligations where that failure or delay results from any cause that is beyond their reasonable control. Causes that include but are not limited to power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, and governmental action. Epidemic or other natural disasters, or any other extraordinary or difficult circumstance beyond their control.