Terms and Conditions
Supply of Services
Definitions
These Terms and Conditions are in relation to work carried out by Laura Stack, a UK registered Sole Trader, operating as Laura Jane Stack.
In these Terms and Conditions, the words “Supplier” “we” “us” and “our” refer to Laura Stack.
“Agreement” means these Terms and Conditions together with the terms of the Schedule of Services document.
“Client” means the person who commissioned and/or funded the work and any person or organisation acting on their behalf.
“Services” means any activity or task carried out by the Supplier as commissioned and/or funded by the Client.
“Invoice” means a document listing the Services provided or to be provided by the Supplier, with a statement of the charges due for the Services.
“Schedule of Services” means a document describing the services to be provided by the Supplier, with the relevant dates and costs.
General Terms
These Terms and Conditions shall apply to all Agreements for the supply of Services by the Supplier to the Client.
Before the Agreement is active, the Supplier shall submit to the Client a Schedule of Services, which shall specify the Services to be supplied, along with timeframes and the charge payable.
The Supplier shall provide the Services to the Client in accordance with the Schedule of Services in all material respects.
The Services supplied shall be required only to conform to the specification in the Schedule of Services.
For the avoidance of doubt, no description, specification or illustration contained on the Suppliers website or other marketing platforms shall form part of this Agreement.
When the Client issues written acceptance of the Schedule of Services and its contents, an Invoice will be issued. On payment of the invoice by the Client, the Agreement will become active.
To enable the Supplier to perform its obligations under this Agreement, the Client shall:
- co-operate with the Supplier;
- provide the Supplier any information reasonably required;
- obtain any necessary permissions and consents; and
- comply with other such requirements as set out in the Schedule of Services or otherwise agreed between the parties
A person or organisation who is not a party to the Agreement shall not have any rights under or in connection with it.
Responsibilities
The Supplier is responsible for supplying the Services as laid out in the Schedule of Services and agreed to by the Client. When the supply of Services has been completed in line with the Schedule of Services, then the Supplier has fulfilled their obligations to the Client.
The Client is responsible for the materials that are produced during the supply of Services, as well as any output or outcome arising as a result of the supply of Services.
The Schedule of Services
The Schedule of Services is a document created by the Supplier after the Client has made an intention to commission Services from the Supplier.
Each Schedule of Services is subject to the Terms and Conditions set out here and may also include its own set of terms.
All work undertaken will be as the Supplier has detailed in the Schedule of Services. It is the Client’s responsibility to ensure that this is thoroughly read and understood prior to the start date, as any amendments may incur additional charges.
The contents of the Schedule of Services is only valid for a period of 30 days from its date of issue, therefore written confirmation from the Client must be received by the Supplier within this term. After the 30-day period, the Supplier has the right to amend and reissue the Schedule of Services.
The Supplier may, at any time, provide an amended Schedule of Services based on mutual agreement between the Supplier and Client, which will reflect the amended Services, respective charges and any other terms agreed between the parties.
The Supplier shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirements, or which do not materially affect the nature or quality of the Services, and the Supplier shall notify the Client in any such event.
Charges and Payment Terms
The charges and payment terms for the supply of Services are as laid out in the Schedule of Services.
Unless otherwise stated, 50% of the total cost is payable once the Schedule of Services has been approved by the Client.
An Invoice will be issued and must be paid within 14 days to secure the start date of the supply of Services, or within 7 days if the start date is less than 30 days from the Invoice date.
The Supplier has the right to withhold its Services until the payment has been processed.
On completion of the supply of Services, the remaining 50% of the total cost is payable and will be issue by Invoice with a payment term of 7 days.
The Supplier shall be entitled to charge the Client for any supply of Services that go beyond what is laid out in the Schedule of Services, as well as any unspecified out-of-pocket expenses reasonably incurred during the supply of Services.
Any intention to charge for additional Services or expenses will be given to the Client in writing.
The Supplier shall be entitled to charge interest on overdue Invoices from the date when payment becomes due until the date of payment at a rate of 25% per annum.
The Client shall pay all amounts due under the Agreement in full, without any deduction or withholding, except as required by law, and the Client shall not be entitled to assert any credit, set-off or counterclaim against the Supplier in order to justify withholding payment of any such amount in whole or in part.
Copyright and Usage rights
It is the Client’s responsibility to obtain all necessary permissions, including but not limited to; performances, branding, logos, use of intellectual property, imagery and any other copyrighted material, which will form part of the material provided in the supply of Services.
In the case where third party material, such as stock images and video, is provided by the Supplier, we will ensure the appropriate copyright licenses have been obtained.
The Client undertakes to indemnify the Supplier against any future possible claims, disputes, expenses or costs arising from the use of such material, without time limit.
On receipt of full payment for the Services, the copyright of all produced material as part of the supply of Services is granted to the Client.
We may request permission to use any materials and related files produced under this Agreement for promotional purposes.
Timeframes
The Schedule of Services and other communications may include timeframes for the supply of Services.
The Supplier shall use reasonable endeavours to meet any completion dates for the Services, but any such dates shall be estimates only and time shall not be of the essence for the delivery of the Services.
In order to work as effectively as possible, in relation to timeframes, we require clear communication, prompt payment and the required feedback from the Client.
Scheduled Meetings
As part of the supply of Services, the Supplier will undertake meetings with the Client via video call, which will be scheduled in advance.
If the Client cannot attend a scheduled meeting, or is absent for a meeting, the Supplier is not obliged to re-schedule the meeting.
If the Supplier cannot attend a scheduled meeting, or is absent for a meeting, the Supplier will re-schedule the meeting at the Client’s convenience, or else provide reasonable compensation, up to the value of 10% of the total cost of the supply of Services.
It is the scheduled meetings that form of the Agreement and not the completed meetings.
Postponement
In the event of the Client wishing to postpone the supply of Services, we require a minimum of 7 days’ notice of the start date as stated in the Schedule of Services.
Requests to postpone made outside of 7 days will not incur any charges.
Postponements inside of 7 days will incur an additional charge of 5% of the total cost of the Services, as found in the Schedule of Services. Postponements inside of 24 hours will incur an additional charge of 10% of the total cost of the Services.
For costs incurred from postponements, additional charges will be issued via Invoice, and will be subject to the normal payment terms.
In the event of the Supplier wishing to postpone the supply of Services, the Supplier will arrange a new start date at the Client’s convenience, or else provide reasonable compensation, up to the value of 10% of the total cost of the supply of Services, as found in the Schedule of Services.
Cancellation
In the event of the Client wishing to cancel the supply of Services, we require a minimum of 14 days’ notice of the start date as stated in the Schedule of Services.
Requests to cancel made outside of 14 days will not incur any charges directly from the Supplier. However, the Client shall be required to pay the full amount of any third party costs to which the Supplier has committed.
Cancellations inside of 14 days will incur a charge of 10% of the total cost of the Services, as found in the Schedule of Services. Cancellations inside of 7 days will incur a charge of 25% of the total cost of the Services. Cancellations inside of 24 hours will incur a charge of 50% of the total cost of the Services.
For costs incurred from cancellations, additional payments will be issued via invoice, and will be subject to the normal payment terms.
For the avoidance of doubt, the Client’s failure to comply with any obligations shall be deemed to be a cancellation of the Services and subject to the payment terms set out in this document.
In the event of the Supplier wishing to cancel the supply of Services, the Supplier will provide reasonable compensation, up to the value of the total cost of the supply of Services, as found in the Schedule of Services.
Force Majeure
The Supplier shall not be liable to the Client for any delay or failure to perform its obligations under this Agreement as a result of an event beyond the reasonable control of the Supplier, known in law as a force majeure.
If an event prevents the Supplier from supplying Services for more than 4 weeks, the Supplier shall have the right to terminate this Agreement by giving written notice to the Client.
Complaints
In the event that the Client is dissatisfied with the Services, they should let the Supplier know, in writing, as soon as reasonably possible, up to a period of 14 days from the end date as stated in the Schedule of Services.
The Client should allow the Supplier a reasonable opportunity to resolve the complaint, and the Supplier warrants to the Client that they will use every effort to resolve the problem as soon as reasonably practicable.
It is at the Supplier’s discretion whether a refund is made to the Client should the dissatisfaction continue passed the first attempt to resolve the complaint.
Liability
No liability will be accepted by the Supplier for delays or failure to deliver the agreed Services if caused by any element which is the Client’s responsibility.
The Supplier shall not, under any circumstances, be liable to the Client for any loss, costs, damages, charges or expenses caused directly or indirectly under or in connection with this Agreement.
This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
If a court or any other competent authority finds that any provision of the Agreement is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Agreement shall not be affected.