Terms and Conditions
The organisation and the The Stickman Consultancy have agreed the following terms for the provision of The Stickman Consultancy’s services to the organisation
In these terms and conditions:
1.1 Words importing one gender include both genders and words importing the singular include the plural and vice versa (unless the context otherwise requires).
1.2 Any reference to any statutory provision includes a reference to any statutory modification of it.
1.3 The Fee: refers to the fee outlined on the quotation document.
1.4 Confidential Information: means information relating to the business, finances, commercial activities, products, clients or affairs of the organisation confidential to it (or them) or treated by it (or them) as such and trade secrets relating to the business of the organisation or any of its clients, students, suppliers or customers. Confidential Information includes (by way of example only and without limitation) technical data, know-how, financial information, financial forecasts, marketing strategies, password and security information.
1.5 Commencement Date: refers to the date outlined on the quotation document.
1.6 Term: means the period commencing on the ‘Commencement Date’ and terminating on the ‘Termination Date’.
Where The Stickman Consultancy’s services are ongoing, the provision of the Services shall commence on the Commencement Date and shall continue until termination by either the organisation or The Stickman Consultancy giving the other not less than 30 days notice in writing.
3 The Services
3.1 The The Stickman Consultancy shall provide Marketing services to the organisation, as of the date outlined on the quotation document.
3.2 This document sets out the terms under which The Stickman Consultancy shall provide Services for the organisation on a freelance basis. For the avoidance of doubt the organisation shall not be obliged to provide The Stickman Consultancy with any work and The Stickman Consultancy will not be obliged to perform any work unless and until the organisation has requested and The Stickman Consultancy has agreed to perform such work.
3.3 The The Stickman Consultancy agrees to, as and when requested by the organisation, to supply the Services as required by the organisation.
3.4 The Stickman Consultancy may determine the manner in which the Services are provided. The organisation is not obliged to supervise The Stickman Consultancy.
3.5 The The Stickman Consultancy shall, as and when requested to do so by the organisation, provide information to the organisation (in writing if so required) about any aspect of the provision of the Services.
4 Facilities and Equipment
4.1 The organisation shall make available suitable space as are necessary for delivery or performance of the Services, and equipment. All equipment will remain property of the organisation and must be returned on termination of the Contract.
5 Other Activities of The Stickman Consultancy
5.1 It is understood that The Stickman Consultancy may act as a consultant, or be engaged in any other working relationship, or provide Services to a third party or third parties. Provided such arrangements do not prevent the proper provision of the Services, The Stickman Consultancy is under no obligation to notify the organisation of, or obtain any approval or consent from the organisation in respect of, such arrangements.
6.1 The organisation may terminate or suspend the performance of its obligations under the terms and conditions immediately upon giving written notice to The Stickman Consultancy without liability for compensation or damages if The Stickman Consultancy by way of example:
– fails to comply with the terms and conditions of these terms and conditions which (if capable of remedy) shall remain unremedied 30 days after notice of such breach has been served by the organisation on the The Stickman Consultancy
– dies, becomes bankrupt, has a receiving order made against him or her or suffers any similar action as a result of debt
– is unable or prevented from carrying out duties under these terms and conditions through incapacity or any other cause for a number of weeks exceeding a total of 5 weeks in any period of 10 weeks
– wilfully neglects to perform his or her duties under these terms and conditions and, in particular, fails to remedy any fault in work produced by the The Stickman Consultancy within 5 days of being notified of that fault
– acts in any way which in the opinion of the organisation brings or will bring the organisation into disrepute
– purports to assign the benefit or burden of these terms and conditions.
6.2 The Stickman Consultancy may terminate or suspend the performance of his or her obligations under these terms and conditions immediately upon giving written notice to the organisation without liability for compensation or damages if the organisation:
– fails to comply with these terms and conditions which (if capable of remedy) shall remain un-remedied 30 days after notice of such breach has been served by The Stickman Consultancy on the organisation
– purports to assign the benefit or burden of these terms and conditions
7.1 In the course of the provision of the Services, The Stickman Consultancy is likely to have access to secret or confidential information (whether recorded in writing or on computer disk or in any other manner) regarding the affairs of the organisation and its clients, customers and business associates.
7.2 During the provision of the Services and after the cessation of such provision The Stickman Consultancy shall not use (save for the benefit of the organisation) and shall not disclose, divulge or communicate directly or indirectly to any third party any such Confidential Information without the organisation’s prior written consent.
8.1 The organisation shall pay The Stickman Consultancy fees outlined in the quotation document.
8.2 The Stickman Consultancy shall be responsible for any reasonable expenses incurred in the provision of the Services in terms of travel or subsistence, unless stipulated as part of the agreement. The organisation shall be responsible for any expenses incurred that are over and above this. E.g, fuel is charged at the standard rate of £0.45p per mile.
8.3 The Stickman Consultancy shall submit invoices in respect of the Services provided, detailing:
– the fees due
– the Services to which those fees relate (including dates)
Such invoices shall be addressed to the organisation.
8.3.1 Prior to The Stickman commencing any work, the organisation should pay 50% deposit and sign/indicate acceptance of The Stickman Consultancy’s quotation document. The remaining 75% will be invoiced either upon completion of the project or a regular monthly invoice will be provided at the end of each month if a retainer agreement is in place.
8.4 The organisation shall pay The Stickman Consultancy by bank transfer within 7 days of receipt of any such invoice, to The Stickman Consultancy’s bank details outlined on the invoice.
8.5 If payment is not made within this timeframe, the organisation shall pay The Stickman Consultancy an additional 10% of the project value after each of the subsequent 7 day periods that full payment is not made.
8.6 The organisation shall cease to be liable to pay The Stickman Consultancy’s fee after the Termination Date, except for that which has already become due and payable.
9. Tax Contributions
9.1 The Stickman Consultancy and the organisation acknowledge that it is intended that The Stickman Consultancy is a self-employed person. Nothing in these terms and conditions shall render The Stickman Consultancy an employee, agent or partner of the organisation, and The Stickman Consultancy shall not hold himself / herself out as such.
9.2 For the avoidance of doubt, as a self-employed person, The Stickman Consultancy is not entitled to any benefits provided to the organisation’s employees, including for example paid holidays, private medical insurance, pension, sick pay, season ticket loan, life assurance, permanent health insurance, the opportunity to participate in any savings related share option plan or any other fringe benefits provided by the organisation.
9.3 For the avoidance of doubt The Stickman Consultancy will be solely liable for the payment of any tax or social security contributions payable on any fees or expenses paid to him or her by the organisation arising in consequence of the agreement.
10.1 These terms and conditions, along with the quotation document, constitutes the whole agreement between the parties in respect of the provision of the Services by The Stickman Consultancy to the organisation and there are no other promises, terms, conditions understanding, arrangements or obligations oral or written other than those contained in these terms and conditions.
10.2 No variation of these terms and conditions will be valid unless confirmed in writing and signed by or on behalf of both parties.
10.3 These terms and conditions shall be governed and construed in all respects by English law and the parties to it irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales.
These terms and conditions have been duly executed as a deed on the date stated in the quotation document.