terms and conditions
Terms & Conditions:
Between Everything Sorted Group Limited [ESG] and [the Client]
These terms & conditions apply to any work done for the Client by Everything Sorted Group Ltd (ESG).
The Client is under no obligation to offer the work; neither is ESG under any obligation to accept work offered by the Client.
ESG will provide service(s) as mutually agreed, confirmed in writing by the Client.
Payments / Expenses
- ESG agrees to attend off-site meetings with the Client, the time spent and agreed reasonable expenses (Petrol) incurred to be reimbursed by the Client.
- Client meetings that are longer than 30 minutes will be charged at ESG’s current hourly rate.
- The Client will reimburse ESG for agreed reasonable expenses over and above usual expenses incurred in the process of completing the work.
- The Client will pay ESG an agreed fee per hour or per day. Any travel expenses will be charged at cost and 45p per mile when travelling to and from ESG’s place of work while working for the Client.
- Time will be charged at 15-minute increments.
- Time spent on phone calls and email correspondence with the Client is classed as Account Management and will be charged at ESG’s current hourly rate.
- The completed work will be delivered on the date agreed, for the agreed fee, which will be based on the description of the work required and the brief, both supplied by the Client.
- All work carried out by Karen Hardicker and Peter Hardicker of ESG will be timesheet recorded and a summary of time spent, and a description of work carried out will be sent along with each invoice.
- If, however, on receipt of the item to be worked on or at an early stage, it becomes apparent that significantly more work is required than had been anticipated in the preliminary discussion/brief, ESG may renegotiate the fee and/or the deadline.
- Similarly, if, during a project, additional tasks are requested by the Client, ESG may renegotiate the fee and/or the deadline.
- If the project is lengthy, ESG may invoice periodically for agreed completed stages.
- Deposit payments will be due upon receipt to allow work to commence.
- Unless agreed otherwise at the outset, non-deposit payments will be due within 15 days of receipt of the invoice.
- In the event that a project is paused for more than 4 weeks due to client delays of any nature, ESG reserves the right to send an invoice for the work completed to date which is payable within 15 days.
- If payment is more than 14 calendar days late, ESG is entitled to charge 8.75% in interest under the Late Payment of Commercial Debts [Interest] Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.
- In the event of collection enforcement, the Client shall be liable for any costs associated with such collection, including, but not limited to, legal costs, attorney’s fees, courts costs, and collection agency fees.
Copyright
- Any content created by ESG as part of the copyediting / proofreading / project management process will become the copyright of the Client, unless otherwise agreed.
Associates
- ESG spends time and money researching associates to help with client projects. Any work undertaken with an associate that has been presented to the Client by ESG, that associate remains part of the ESG team and will not undertake work for the Client unless directed by ESG.
- ESG guarantees that any work that is sub-contracted by an associate on behalf of the Client will be completed to the same standard and schedule. Depending on the nature of the project, different fees may be charged for work carried out by associates of ESG.
- For each completed project carried out by an associate, ESG will be invoiced by the associate. ESG will then invoice the Client. Payment to the associate can only happen once money has been received from the Client.
Introduction of ESG’s Associates
- In the event that ESG introduces an associate to a client or prospective client, should the Client or prospective Client directly engage the associate for work, bypassing ESG without prior agreement, then ESG may invoice both the associate and Client, or prospective Client an introduction fee.
Technical Support
- Technical support, whether on a contracted or hourly rate, will be on a best-endeavours basis. No warranties, liabilities, or other forms of performance guarantees can be provided with regard to third party technologies, including but not limited to, web browsers, operating systems, CMS, plugins, hosting, or any other technologies that ESG may implement.
Data Protection
- Under the terms of the Data Protection Act 1998, the Client and ESG may keep on record such information (e.g. contact details) as is necessary. Either may view the other’s records to ensure that they are relevant, correct and up to date. Details will not be passed onto any third parties or used for marketing purposes.
Contract
- Either the Client or ESG has the right to terminate a contract if either of the parties gives to the other not less than 30 days’ notice in writing.
- Either the Client or ESG has the right to terminate a contract summarily for services if there is a serious breach of its terms.
- ESG may use the Client’s name in any company promotional material, unless agreed otherwise.
- This agreement is subject to the laws of England and Wales, and both ESG and the Client agree to submit to the jurisdiction of the English and Welsh courts.
Policy on Refunds and Cancellation of Work:
Web Design / Graphic Design
Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by ESG and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the Client.
Web Development
Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by ESG and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the Client.
Search Engine Optimisation (SEO), Paid Ads, Social Media Campaign Management
Payments for SEO, Paid Ads and Social Media Campaign Management services are non-refundable. Once a payment or deposit is made, it is non-refundable. Any fees for setting up social channels, Paid Ads and SEO are non-refundable as it is applied to costs immediately incurred by ESG in commencing services. If a project is cancelled or postponed, all monies paid are retained by ESG and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the Client.
Copywriting / Copyediting
Once a payment or deposit is made for copywriting or copyediting services, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by ESG and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the Client.
Accounts terminated due to policy violations will not be refunded.
Terms updated November 2023