Terms and conditions

of service

JAMIE-ALLAN.COM – HOURS OF BUSINESS

9:00 – 17:00 (GMT) Monday to Friday inclusive (excluding public, bank holidays and annual leave at my discretion and without requirement to provide notice of such)

GDPR COMPLIANCE

I have my own Data Protection licence and will act as Data Processor for the length of the contract/project.

PRICE & PAYMENT

My hourly rates are:

  • £50 per hour for ad hoc consultancy and advisory services. Minimum charge is 1 hour.
  • Longer projects dependent upon requirements. Prices available upon request.

VAT is not added at this stage.

Payment will be taken as follows:

  • Ad Hoc projects payable of 50% on order. The difference to be paid upon completion
  • Longer projects, minimum of 6 months, services will be payable 30 days in arrears and within 7 days.

Payment methods

Payment may be made by bank transfer. If you do not pay the Fees by the relevant due date I reserve the right to take the following actions:

  • charge interest on any outstanding sums from the due date for payment in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment;
  • and/or suspending the Services I provide to you. I will not be liable for any loss of data, revenue, business, leads, opportunities, damage to your business, or any other consequence arising from suspension of services where payment has not been made that may occur in relation to the suspension of the Services.

These terms and conditions (“Terms”) shall govern any orders for services placed by a customer, defined as“you” or “your” on the website https://jamie-allan.com, the “Website”, managed by Jamie Allan, a sole trader, trading as Jamie allan.com and hereby referred to as “Jamie Allan”, “me”, “mine”, “my” or “I”.

Please read these conditions carefully before placing an order with Jamie Allan. By placing an order with me, you agree to be bound by these Terms.

Introductory Commission for referrals

15% will be paid to an individual that introduces me to a prospective Customer that I have not had any contact with. This commission will be paid to the referrer:

  1. Upon payment of the first invoice if the work results in monthly project.
  2. Upon payment of the completed project if it’s a fixed price short term project such as 1 to 1 interview work at £500 for 10 contacts.

Engagement

Our Rights and Obligations

I shall provide the Services to you using all reasonable care.

I shall use reasonable endeavors to respond to queries and resolve issues raised by you in relation to the project.
The Services shall be provided during my usual working hours (09.00-17.00 GMT) Monday to Friday inclusive (excluding public, bank holidays and annual leave).

I may at my own discretion offer to perform work outside our standard hours, in which case I may charge you additional Fees if such work is required.

My Services can be provided either remotely or at a Customer location to be agreed. Any on-site services will be subject to additional expenses such as mileage, travel and any overnight stays.

Your Rights and Obligations

By ordering my Services, you acknowledge and agree that the nature of the Services may require me to access sensitive commercial assets and you hereby provide your consent for me to do so and to provide me with all access login details and passwords for the duration of the project period.

You must ensure the timely delivery and accuracy of all materials or information provided to me. If I am unable to perform my obligations to you under these Terms because I have been prevented or delayed by you, such as your failure to do something requested of you, I will not be liable for any delays which may occur in the provision of my Services.

My Services are provided to you only, and you may not resell my Services to any third party.
You warrant that you have the legal right and authority to enter into and adhere to these Terms.
After completion of any work that I do for you, you may write to me at [email protected] to explain why you consider the work has not been completed to your satisfaction. If I do not hear from you within this period, the work will be treated as complete and satisfactory.

Where the Services are to be performed by Jamie Allan at your premises or any third party location, you are solely responsible for arranging any insurance against any loss or damage that may arise and ensuring that such premises are in a suitable condition for the provision of the Services.

Service Exclusions

Any breach by you of any of your obligations under these Terms.

Orders

Any orders placed by you will be treated as an offer to purchase Services from me. When you place an order to purchase Services from Jamie Allan, we will send you a message confirming receipt of your order.
By placing an order, you confirm that you have authority to bind any business on whose behalf you place an order for.

Termination

Without limiting any other rights or remedies, either party (“Terminating Party”) may terminate these Terms with immediate effect by providing written notice to the other party (“Defaulting Party”) on or at any time after the occurrence of any of the events specified below:

  • a breach by the Defaulting Party of its obligations under these Terms which (if the breach is capable of remedy) the Defaulting Party has failed to remedy within 14 days after receipt of notice in writing from the Terminating Party requiring the Defaulting Party to do so; or
  • an event, including (or similar in nature to) the following:
  • the Defaulting Party is unable to pay its debts as they fall due;
  • the Defaulting Party goes into liquidation either compulsorily or voluntarily
  • a receiver is appointed in respect of the whole or any part of the Defaulting Party;
  • a provisional liquidator is appointed to the Defaulting Party or the Defaulting Party enters into a voluntary arrangement or any other composition or compromise with the majority by value of its creditors or has a winding-up order or passes a resolution for the voluntary winding-up or has an administrative receiver appointed or takes steps towards any such event; or
  • the Defaulting Party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.
  • If these Terms terminate for any reason, notwithstanding any other provision, Jamie Allan shall have no obligation to refund any Fees and all Fees payable by you to Jamie Allan under these Terms will become due and payable immediately. This clause is without prejudice to any right by Jamie Allan to claim for interest or any other right under these Terms.
  • Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination or expiry of these Terms shall remain in full force and effect.

Limitation of Liability and Indemnity

Nothing in these Terms limits or excludes the liability of either party for death or personal injury resulting from negligence or for any damage or liability incurred by a party as a result of fraud or fraudulent misrepresentation by the other party.

Neither party will be liable for loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

I will take reasonable care to keep the details of your orders and payment secure, but in the absence of negligence on our part, we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.

Unless otherwise stated, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.

You will indemnify and keep Jamie Allan and its officers, employees, consultants, agents and sub-contractors indemnified, on demand, against all losses, costs and liabilities and all expenses, including reasonable legal or other professional expenses, suffered or incurred by Jamie Allan arising out of or in connection with any claim in relation to the data, information or materials provided by you either directly or indirectly to us which:

  • infringe a third party’s Intellectual Property Rights; or
  • are inaccurate or incomplete; or
  • are defamatory, offensive, breach data protection or privacy laws or are otherwise illegal.

Confidentiality

A party (“Receiving Party”) will keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed (either orally, in writing or by demonstration) to the Receiving Party by the other party (“Disclosing Party”) or its employees, agents or sub-contractors and any other confidential information concerning the Disclosing Party’s business, its products and services which the Receiving Party may obtain (“Confidential Information”).

In relation to any Confidential Information received from the Disclosing Party or from a third party on behalf of the Disclosing Party, the Disclosing Party and the Receiving Party agree:

  • to treat the Confidential Information in confidence and to use it only for the purpose of discharging the Receiving Party’s obligations under these Terms;
  • not to disclose the Confidential Information to any third party without the express written permission of the Disclosing Party (except that the Receiving Party may disclose the Confidential Information to its officers, employees, consultants, agents and sub-contractors who need access to the Confidential Information in connection with discharging the Receiving Party’s obligations under these Terms and provided that such officers, employees, consultants, agents, and sub-contractors are made aware of the confidential nature of the Confidential Information and are subject to confidentiality obligations at least as onerous as those set out in these Terms); and
  • to treat the Confidential Information with the same degree of care and with sufficient protection from unauthorised disclosure as the Receiving Party uses to maintain its own confidential or proprietary information.
  • Nothing in these Terms will prevent the Receiving Party from using or disclosing any Confidential Information which:
  • is in or comes into the public domain in any way without breach of these Terms by the Receiving Party or any person or entity to whom it makes the disclosure;
  • the Receiving Party can show was: (i) in its possession or known to it by being in its use or being recorded in its files prior to receipt from the Disclosing Party and was not acquired by the Receiving Party from the Disclosing Party under an obligation of confidence; or (ii) to have been independently developed by the Receiving Party without reference to the Confidential Information;
  • the Receiving Party obtains or has available from a source other than the Disclosing Party without breach by the Receiving Party or such source of any obligation of confidentiality or non-use;
  • is disclosed by the Receiving Party with the prior written approval of the Disclosing Party; or
  • is required by law to be released (e.g. by a court order), provided that, when permitted by the applicable law, the Disclosing Party is given as much prior written notice as possible of such request.
  • This clause shall survive termination of these Terms, however, arising.

Data Protection

You warrant that you have the legal right to disclose all Personal Data that you disclose to Jamie Allan through the Services or Systems and that the processing of that Personal Data by Jamie Allan for the purposes of, and in accordance with, these Terms will not breach any applicable laws.

Jamie Allan warrants that:

  • It will act only on your instructions in relation to the processing of any Personal Data performed by Jamie Allan on your behalf; and
  • it has in place appropriate security measures against unlawful or unauthorised processing of Personal Data and against loss or corruption of Personal Data processed by Jamie Allan on your behalf.

Insurance

You agree to maintain public liability insurance, employer’s liability insurance and insurance covering loss of data and equipment failure.

Amendments to these Terms

Jamie Allan reserves the right at any time to modify these Terms or the Services and to impose new or additional terms or conditions. If you continue to use the Services after being notified of any such modification or additional terms, you will be deemed to have accepted these changes and they will be incorporated into the contract between the parties.

  • no variation of these Terms will be effective unless it is in writing and signed by the authorised representatives of the parties.

Force Majeure

Neither party shall be liable for any delay in performing or failure to perform (other than a payment obligation) due to any act of God, war, strike lock-out, industrial action, fire, flood, drought, tempest or any other event beyond the reasonable control of either party. Such delay or failure will not constitute a breach of these Terms and time for the performance of the affected obligations will be extended by such period as is reasonable. If a force majeure event prevents, hinders or delays the affected party’s performance of its obligations for a continuous period of more than four weeks, the party not affected by the event may terminate the order immediately by giving written notice to the affected party.

Miscellaneous

These Terms are governed by English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts. English is the only language offered for the conclusion of the contract between us.

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