Terms & Conditions
Introduction
I pride myself on being helpful and flexible, but it’s a good idea for us to have an agreement on paper so we both know what to expect. If anything is unclear, ask me and I’ll be happy to clarify.
1. Definitions
Below is a list to define and clarify the terms that I, Laura Sands, use throughout the document, ensuring a common understanding between us regarding the services, fees, and other relevant aspects of our contractual relationship.
- Client: is any individual, group, business, or organisation that has contacted me for the provision of a Service from or has entered a Contract with Laura Sands
- Service: The service to be supplied to the Client as outlined in the Schedule attached.
- Contract: The legal agreement between Laura Sands and the Client for the provision of a Service.
- Course: Any structured course or workshop delivered online or offline, as displayed on the Website.
- Meeting: Any appointment with Laura Sands, either online or offline, for discussions regarding the provision of a Service.
- Documents: All materials supplied by Laura Sands to the Client, including but not limited to documents, workbooks, templates, designs, and other relevant materials
- Website: https://www.laurasands.co.uk.
- Fee: The sum payable for the provision of the Service, agreed with the Client. It includes charges and any additional charges and expenses as agreed between the parties.
- Payment: By BACS
- Days: Refers to all days in a week, excluding weekends and bank holidays.
- This Contract will represent the whole of the terms between Laura Sands and the Client.
2. The Service
- Following an initial enquiry, Laura Sands will discuss the Clients’ requirements with them.
- Following this, if the Client wishes to proceed further, they will be sent a Proposal or email confirming details of the Service offered and the Fee payable.
- Any Proposal or email is only valid for thirty days from issue unless specified otherwise.
- The descriptions of the Service by Laura Sands will be as accurate as possible and provided in good faith.
- The Client must satisfy themselves that the Service described meets their requirements before entering the Contract. Laura Sands is always willing to answer any questions or queries before the Contract is made.
- The Client must accept that the Service supplied may vary slightly from what is set out initially and by entering the Contract the Client accepts this.
- If the Client has any requirements that are essential to them, they must contact Laura Sands to discuss the matter before entering a Contract to ensure this is acceptable to her.
- Laura Sands reserves the right to amend any Contract where in her professional opinion such amendment will lead to an improved result for the Client.
- Laura Sands reserves the right to subcontract any Service.
- Details of the Service to be supplied under this Contract are set out in the Schedule attached.
3. The Contract
- The Contract is made when the Client has signed this document and paid any monies requested upfront.
- The Contract for the Service once made cannot be cancelled except under these terms.
- Laura Sands can terminate any Contract immediately should the Client commit a material breach of the Contract or these terms and conditions.
- The Contract can only be amended with the consent of Laura Sands in writing. The Client must accept that requested amendments may incur an additional Fee.
- Laura Sands has the right to discontinue the provision of any Service if she believes they could be libellous, illegal or a breach of any third-party rights.
- The Client shall have no right to seek any cancellation or repayment of the Fee based on the style or composition of any written material.
- Any Contract on a monthly retainer will continue until ended by either party giving the other one months’ notice in writing unless a minimum term has been agreed whereupon this shall apply when that minimum term has passed.
- The Contract will include all work being proofed by Laura Sands and using an AI tool. However, neither method is one hundred per cent safe and the Client must read through all work supplied themselves before using any of it. Several skilled proofreaders can be recommended if necessary.
- Laura Sands can be contacted by email, phone or video calls. She does not use Slack or WhatsApp.
- When working Laura Sands will not check her emails constantly in order to focus properly. She will however always respond to any call or email within one working day.
4. The Fee
- The Fee must be paid as agreed at the outset.
- For retainer work an invoice for the first agreed monthly payment will be invoiced before any work is carried out.
- Normally Clients in a retainer agreement can only carry over a maximum of one hour’s work to the following month. Any unused hours will be lost.
- If in any month Laura Sands works more than the set hours, then the extra Fee will be added to the invoice raised at the start of the following month in which the work was carried out.
- When work is carried out as a project there will be an upfront payment with final payment payable prior to the completion of the project as outlined by email or Proposal unless agreed otherwise.
- If the Fee is payable monthly, such payments must be received by the due date or Laura Sands reserves the right for no further work to be carried out until payment is made in full.
- In the event of continuous late or non-payment Laura Sands reserves the right to request payment in advance before any future Service is supplied.
- If an invoice is not paid within 7 days of the due date, then interest at 8% per annum above the current Bank of England base rate will be payable together with the current recovery fees.
- All invoices must be paid in full without set-off, deduction or counterclaim.
- All prices including for retainers will be reviewed annually.
- Additional work will incur additional charges. This will include but not be limited to additional website pages, increased word count, additional research and social media posts.
- If a contract is terminated before completion the Client must pay the cost of all service provided up to the date of termination.
5. Retainer Contracts
- If the Service is on a retainer basis the terms will be agreed by submission of proposal or a detailed email at the outset as set out in the Schedule.
- A set number of hours or days will be agreed to be provided by Laura Sands each month and paid for by the Client.
- At the end of each month Laura Sands will submit a time sheet to the Client with details of the work carried out that month.
- Each monthly invoice must be paid within 7 days of issue unless agreed otherwise.
- If the invoice remains unpaid after seven days, then Laura Sands will not supply any further service until payment is received in full.
- The parties will have a meeting at the start of every month by video call or if necessary, by email to agree on what Service Laura Sands will provide during that month.
6. Fixed Project Work
- If the Service is for a fixed project after the initial enquiry Laura Sands will speak with the Client, take details of requirements then provide a quotation with a timescale.
- Whilst every effort will be made to provide the Service as quickly as possible and to adhere to the given timescale no completion time can be guaranteed unless agreed in writing with the Client at the outset. Time will not be of the essence.
- Payment may be required in stages or upon completion. If stages are required, no work will be carried out whilst an invoice has been issued and remains unpaid after seven days.
- The Client must provide full instructions at the very start before any work is commenced and it must be acceptable to Laura Sands.
7. Courses
- The training Courses will provide writing training to enable the Client to develop their skills and knowledge.
- The Courses will usually include a number of live training sessions both online and offline. Some online sessions may be recorded. The Client will be informed of how the sessions will be provided at the outset.
- Each programme will be outlined at the outset but be subject to adjustment to ensure the best result.
- Laura Sands reserves the right to engage third parties to provide the content where she believes their expertise and experience will benefit the Clients.
- Clients must keep all business and personal information that is disclosed by the other clients on the Course strictly confidential.
- The sessions in the Course will be recorded for Laura Sands’s own records and to enable any Clients to catch up on any missed sessions or to see them again if required. They will not be disclosed to any third party. By attending the sessions, the Clients agree to this being done. If the Client wishes they can keep their camera switched off. If there are any issues these must be raised with Laura Sands as soon as possible.
- Photos or screenshots of the Clients may be taken and used in Laura Sands’s social media and other marketing materials. If the Client objects to this, they must inform Laura Sands. Clients will not be named without their written consent unless they provide a written testimonial.
- To achieve the maximum benefit from the Course, the Client must participate in all the sessions provided, access the Documents online and fully participate and complete all the outstanding work by the dates specified.
- Services run by Laura Sands cannot guarantee any particular outcome.
8. The Client’s Obligations
- The Client warrants that they have the power to enter into this contract on behalf of their organisation.
- To provide Laura Sands with everything needed to complete the Service when needed. Any decision, approval or consent must be provided as quickly as possible and within a reasonable time.
- Information provided must be complete, accurate and provided in good faith. Any changes in facts or relevant activities must be communicated to Laura Sands as soon as possible. The Client accepts that changes could lead to the
- Contract being amended to cover the change in circumstances.
- The Client will review all work, provide feedback and sign off within agreed timescales.
- The Client will provide a primary approver at the start of the work. It is the Client’s responsibility to ensure all work is signed off.
- If the Client uses additional approvers, they must accept liability for any delay this causes. If additional edits are required due to comments from additional approvers these will incur additional fees pro rata the daily rate of Laura Sands. on all the work throughout as delays will affect the completion date.
- Laura Sands will normally set a timetable at the outset including review dates, and the Client must comply with this. Failure to comply may lead to the Service being terminated, paused or delayed.
- Any delay in the provision of the Service arising from the failure of the Client to perform its obligations shall not be the responsibility of Laura Sands and the Client shall accept this.
- The Client will comply with the payment schedule described in the Schedule.
- The Fee will normally include two rounds of revisions to the work provided. Any amendments beyond that will be charged at the current hourly rate.
9. Obligation of Laura Sands
- To provide the Service in a prompt and professional manner to the best of her skill and expertise.
- To inform the Client promptly of any issues that have arisen that could affect the delivery of the Service.
10. Documents
- The Client on Courses may be supplied with Documents which may include workbooks, templates, and other materials as part of the Service. These can be accessed through a provided link, attached to an email or shared via a designated drive. These must not be shared with any other person.
- All Documents supplied by Laura Sands are the subject of copyright and can only be used by the Client for the benefit of their own current business.
- Any attempt to download, use or sell the Documents for any other purpose apart from directly benefitting the Client’s business will be in breach of copyright and the Client will pay damages whether the breach is by them personally or by a third party.
- It may be possible to purchase Documents separately and these are subject to the same copyright restrictions.
- The copyright in any work produced by Laura Sands specifically for the Client will automatically pass to the Client once the Fee has been paid in full.
- The copyright in any materials created by the Client on the Course that are the sole work of that Client will remain with the Client.
11. Cancellation Policy
- If the Client wishes to postpone an appointment for a Meeting with Laura Sands, they must give a minimum of 48 hours (2 working Days) notice and reschedule the appointment within seven Days. If such notice is not given the time will be lost.
- If a Client is unable to attend a Course this cannot be rescheduled, and it will be lost with no refund available. They will have to rely on any recording made but this is not guaranteed to be available.
- If the Client is late for a Meeting the time will be lost and charged as taken.
- Laura Sands retains the right to postpone any Meeting if due to circumstances beyond her control such as illness. These will be rescheduled at a time convenient to Laura Sands and the Clients.
12. Delivery
- The Service will be delivered as set out in the Schedule.
- Any delivery period given will be the appropriate period Laura Sands requires to deliver the Service to her normal standard and is an estimate only. The Client must accept that prompt delivery is a collaborative effort and can only be provided by Laura Sands with the cooperation of the Client with prompt payments, delivery of information and feedback.
- Laura Sands will not be liable for any loss or damage suffered by the Client or any third party through any reasonable delay due to unforeseen circumstances such as family emergencies and natural disasters.
- If the Client requires a Service to be completed by a certain date or has a deadline to meet, then this must be communicated in writing to Laura Sands before the Contract is entered. Laura Sands is only bound by such date if she confirms acceptance of this in writing.
- If the Client does not supply information when requested or the Client does not complete work as requested, they must accept that delivery will be delayed.
13. Limitation of Liability
- Should Laura Sands be prevented, hindered or delayed from performing her obligations under the Contract by circumstances outside of her control (including without limitation acts of God, flood, drought, earthquake, other natural disasters, epidemic or pandemic, a terrorist attack, war, civil commotion or riots, war, the threat of or preparation for war, armed conflict, the imposition of sanctions, embargo or breaking off diplomatic relations, nuclear, chemical or biological contamination, any law or action by government or public authority, the collapse of buildings, fire explosion or accident, any labour dispute or strike, non-performance by suppliers or subcontractors, interruption or failure of utility service, any action or order from the government, travel restrictions) Laura Sands shall be relieved from performing her obligations and will not be in breach of the Contract or otherwise liable for any such failure or delay in the performance of such obligations.
- The liability of Laura Sands to the Client shall not exceed the Fee and any expenses charged.
- Laura Sands is not liable for any indirect or consequential losses to the Client or any third party.
- The Contract is exclusive to the Client and no third party shall have any rights under that Contract.
- Laura Sands has no liability for any loss of profits, goodwill, reputation, special or indirect losses or any other business losses.
- Laura Sands does not exclude liability for death or personal injury caused by the negligence of Laura Sands or her employees, agents or subcontractors or fraud or fraudulent misrepresentation.
14. Intellectual Property
- All Documents supplied and previously owned by Laura Sands such as workbooks and templates are the subject of copyright and can only be used by the Client for the benefit of their own current business.
- Upon full payment of the Fee, Laura Sands will grant the Client an indefinite licence to use the Documents supplied for the benefit of their current business.
- All copyright, trademarks and all other intellectual property rights in any Service, Document and materials shall remain always vested in Laura Sands. Any attempt to copy any of these or reproduce, transmit, publish, display exploit, or create derivative items shall render the Client liable for damages whether the breach is by them personally or by a third party.
- If the Client wishes to use the content of the Service and Documents in a way beyond as agreed in writing with Laura Sands, they must obtain written consent from Laura Sands and pay any Fee requested before doing so.
- Any licence given by Laura Sands to the Client will automatically terminate should the Client be discovered using the Documents supplied in breach of these terms and conditions.
- The copyright in any work produced by Laura Sands specifically for the Client will automatically pass to the Client once the Fee has been paid in full.
- The copyright in any materials created by the Client on the Course that is the sole work of that Client will remain with the Client.
15. Confidentiality
- Laura Sands will keep all information supplied to her by the Client not in the public domain in connection with the Service, private and confidential and this will continue for a period of two years after completion of the Service. Laura Sands may disclose such information to any subcontractor, supplier, or employee to the extent necessary to efficiently provide the Service.
- Laura Sands may request access to confidential information about the Client’s business and customers if necessary to understand the intricacies of that business and provide the Service properly. However, such information will never be disclosed without the Clients written consent.
- Laura Sands may mention in their marketing and other materials including her online portfolio that she is working with the Client but will not publicise any details of the Service provided to the Client without having obtained their written consent.
- The Client will keep all information it discovers about Laura Sands and any employees strictly confidential. This includes information relating to her business methods, practices, employees, and contractors, and includes all information whether labelled as Confidential or not. This continues after completion of the Service.
16. Data Protection
- All data supplied to Laura Sands by the Client will be kept safely in accordance with the UK General Data Protection Regulation (UK GDPR) and general UK legislation as set out in their current Privacy Notice.
- The Client will similarly comply with all current data protection legislation when dealing with data regarding Laura Sands.
- Laura Sands may use generative AI as part of the creative process and to proof the work. However, she will not create content using generative AI unless expressly agreed with the Client.
17. Complaints
- The Client must raise any problem or complaint it has with the Service as soon as the issue arises, and Laura Sands will seek to find a mutually acceptable solution.
- The right to complain about any problem or issue will be lost if not raised with Laura Sands within seven days of the issue arising.
- The complaint must be confirmed in writing and addressed to Laura Sands who will take steps to consult with the Client and find a solution.
18. Severance
If any terms of the contract shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the contract and shall not affect the validity and enforceability of any of the remaining provisions.
19. Waiver
The waiver by Laura Sands of a breach, default, delay, or omission of any of the terms of this contract by the Client will not be construed as a waiver of any preceding or subsequent breach of the same or other provisions.
20. Transfer
The Client may not transfer any of their rights under this contract to any third party.
21. Law
These terms and conditions are governed by the law of England and Wales and their courts will have exclusive jurisdiction over any dispute that arises.