These are the Terms and Conditions of Angela Witter (AW).
1. General
- ‘Client’ is any person ,business or organisation which has contacted AW requesting information, or who has entered into a Contract with AW for the provision of but not limited to Marketing Strategy , Content Strategy, Public Relations, Blogging, Story Telling, Video Editing , Press Release Service, Writing Services, Communications Audits, Training Courses, Copywriting, Proofreading and Ghost Writing (the Services).
- ‘Contract’ – The legal agreement between AW and the Client for the provision of Services.
- ‘The Website’- https://angelawitter.com.
- ‘The Fee’- The sum payable for the provision of the Services agreed with the Client and any additional sums agreed between the parties. This will include AW’s charges and any agreed additional charges and expenses.
- ‘Payment’ – by BACS or Stripe.
- ‘Days’- All the days in a week excluding weekends and Bank Holidays.
- ‘The Proposal’ – details of a bespoke service offered to the Client and open for acceptance for 30 days.
- These Terms and Conditions and the Contract will represent the whole of the Terms between AW and the Client. Any changes to these must be agreed in writing by AW.
2. Services
- The Services to be supplied under the Contract will be as set out on Other platform or similar AW in writing, and an additional Fee may be payable.
- Details of Copywriting and individual Services for a Client will be provided in a Proposal or by email with a link to these Terms and Conditions. The Contract is made when the Client accepts the offer made by email and pay any Fee required at that point.
- The descriptions of the Services by AW will be as accurate as possible and provided in good faith.
- The Client must satisfy themselves that the Services as described meet its requirements before entering the Contract. AW is always willing to answer any questions or queries.
- The Client must accept that the Services supplied may vary slightly from what is set out initially and by entering the Contract the Client accepts this.
- If the Client has any particular requirements that are essential to them, they must contact AW to discuss the matter before entering a Contract to ensure this is acceptable to AW.
- AW reserves the right to amend any Contract where in its professional opinion such amendment will lead to an improved result for the Client.
- AW reserves the right to subcontract any Services.
- If any materials supplied by or on behalf of the Client including but not limited to copy, photos, artwork, and designs are in the professional opinion of AW not of the appropriate quality for the Services agreed then AW has the right to reject their use.
- The Fee agreed will only cover two rounds of amendments to any draft supplied. Any further amendments will be charged as an extra. Payment in advance may be required for additional amendments over and above the two rounds issued.
- The Client is not entitled to reject or require over two rounds of amendments because they do not like the style of the Services provided. The Client will provide the basic information for the content and have the opportunity to comment as the Services progress, but the Contract is based on the content not the style.
3. The Contract
- If made through Members Vault or similar platforms or the Website the Contract is made when the Client has made the Payment (or if more than one the first Payment) as required.
- When a Proposal has been submitted to the Client the Contract is made when the Client indicates acceptance of the Proposal by email or other suitable means.
- The Contract for Services once made cannot be cancelled unless a trial period has been agreed in advance or is to be from month to month.
- Any Contract from month to month will continue until terminated by one party giving the other one month’s notice in writing.
- AW 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 AW in writing. The Client must accept that requested amendments may incur additional Fees.
- AW has the right to discontinue the provision of any Services if it believes they could be libellous, illegal or a breach of any third-party rights.
- The Client will have the opportunity to read these Terms and Conditions and any questions answered before entering the Contract and so the Client is accepting these Terms and Conditions by entering the Contract.
4. The Client’s Obligations
- If the Client does not provide all the necessary details for the Services to be produced as soon as possible. The Client accepts that any delay is their responsibility if due to their actions and can affect the outcome.
- Information provided by the Client to AW must be complete, accurate and provided in good faith. The Client must accept that the information will be used in providing the Services which may not be liked by everyone so must be accurate.
- Any changes in facts. information or relevant activities must be communicated to AW as soon as possible. The Client accepts that changes could lead to the Contract being amended to cover the change in circumstances.
- If AW requires a decision, approval, consent, or any other communication from the Client to provide the Services the Client must provide these as quickly as possible and in any event within a reasonable time. Failure to comply may lead to the Services being terminated or paused.
- It will be the Client’s responsibility to obtain any necessary consents, licences or any other permission required for the use of any images, material, copy or any other matter supplied by the Client to AW for use in the Services. AW will be under no obligation to check these have been properly obtained and the Client will indemnify AW against any claims arising from their use.
- Any delay in the provision of the Services arising from the failure of the Client to perform its obligations shall not be the responsibility of AW and the Client shall accept this.
5. The Fee
- The Fee must be paid as required on Member Vault or similar platform, the Website or in accordance with the Proposal.
- Where the Contract is to be made through Members Vault or similar platform or the Website the Fee or any initial Fee must be paid before the Contract is made unless otherwise agreed in writing by AW.
- Where a Contract is made following the Client’s acceptance of a Proposal no work will be carried out or Services supplied until the Fee is paid (or if more than one the first Payment of the Fee) unless otherwise agreed in writing.
- If the Fee is payable in monthly instalments or other agreed instalments, such payments must be received by the due date or no further work will be carried out until payment in full is made.
- Where a discounted Fee has been agreed to be payable in instalments the Client will be charged at the full rate and the discount deducted from the final instalment.
- In the event of continuous late or non-payment of invoices, AW reserves the right to request payment in advance before any future Services are supplied.
- If an Invoice is not paid within 30 days of issue, 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.
6. Cancellation Policy
- If the Client wishes to postpone an appointment for a 121 meeting, in person or online, with AW, they must give a minimum of 48 hours’ notice and reschedule the appointment within seven days. If such notice is not given the appointment will be lost.
- If a Client is unable to attend a group meeting this cannot be rescheduled, and it will be lost with no refund available.
- For some courses, a video replay of meetings may be uploaded on to any group access area for the use of Clients on that course.
- AW retains the right to postpone any appointment or course if due to circumstances beyond her control such as illness. These will be rescheduled at a time convenient to AW and the Clients.
7. Guarantee
- If a Conditional Success Guarantee is offered with any course, then the Clients on that course must attend or access online all the meetings and complete all the outstanding work required before the set deadline to ensure completion of the course and activation of the guarantee.
- Courses run by AW cannot guarantee any particular outcome.
- Success is not guaranteed for any PR services. However, AW will use best practice to achieve the desired result but has no control as to the eventual outcome.
8. Delivery
- Any delivery period given will be the appropriate period AW normally requires to deliver the Services to their normal standard but is an estimate only.
- AW is not liable for delays if the Client does not provide information or consents promptly or comply with deadlines issued by AW when work is sent to them for sign off.
- Any issues that arise will be advised to the Client if the delivery period has to be revised.
- Time is not of the essence with delivery. AW 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.
- If the Client requires delivery by a certain date, then this must be communicated in writing to AW before the Contract is entered. AW is only bound by such date if they confirm acceptance of this in writing.
- If the Client does not supply information when requested or materials including information and images promptly, they must accept that delivery will be delayed.
9. Delivery of online services to private individuals.
- If a private individual (not a business) enters a Contract with AW for the delivery of any Services that person will have 14 days to decide not to proceed with the Contract and any sums paid will be refunded.
- If such a Client wishes Services to be provided before the 14 days have expired, they will be asked to agree to waive this right of cancellation and if not received they will be charged for such Services supplied in that period.
- If the Services consist of an online download the Client will not be able to download until the 14 days have passed
- If the Client wishes to access the download before the 14 days have passed, they must explicitly consent to an immediate download and acknowledge they will lose their right to cancel.
- The individual must inform AW of their wish to cancel in writing as soon as possible and in any event within 14 days of the Contract.
- AW will assume that all Clients are businesses unless advised otherwise or it is obvious to her from the circumstances.
10. Refunds Policy
- No refunds will be issued unless AW agrees otherwise. In any event all work carried out must be paid for.
- All payments made online are non-refundable except, where covered by clause 9 above, unless separately agreed with AW whereupon the client will be required to supply verified bank details for the refund deposit.
11. Limitation of Liability
- Should AW be prevented, hindered or delayed from performing their obligations under the Contract by circumstances outside of their 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 )AW shall be relieved from performing their 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 AW to the Client shall not exceed the Fee and any expenses charged.
- AW 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.
- AW has no liability for any loss of profits, goodwill, reputation, special or indirect losses or any other business losses.
- AW does not exclude liability for death or personal injury caused by the negligence of AW or their employees, agents or subcontractors or fraud or fraudulent misrepresentation.
- It is assumed that the Client is purchasing the Services in the course of a business unless advised in writing by the Client and this is accepted by AW.
- The Client is liable for any reasonable costs, liability, damages, loss, claims or proceedings arising from loss or damage to any equipment including that of any Third Party caused by the Client, its agents, or employees.
- The Client agrees to indemnify AW against all claims, damages, legal costs, and disputes arising from the provision of the Services that do not arise from negligence by AW. This will include claims where the Services are based on information and facts supplied by the Client which AW will assume are accurate and is under no obligation to check such facts supplied by the Client or on their behalf. The onus is on the Client to ensure the accuracy of all facts and information.
12. Intellectual property
- All copyright, trademarks and all other intellectual property rights in all Services, materials or copy shall remain always vested in AW. Any attempt to copy any documents, illustrations, or materials, or reproduce, transmit, publish, display exploit, or create derivative items shall render the Client liable for damages.
- Upon payment in full of the Fee AW will grant the Client an indefinite licence to use the material supplied under the Contract for the purposes set out in the Contract in the Client’s own business or own personal use.
- If the materials supplied by AW are used by a Third Party for any purpose, not in the Contract the Client will be liable to AW for damages and any legal costs. They must take appropriate steps to ensure such use ceases immediately.
- If the Client wishes to use the content of the Services in a way beyond the Contract it must obtain written consent from AW and pay any Fee requested before doing so.
- The Client must be aware that AW may have obtained a specific licence or other consent from a Third Party to use material in the provision of the Services. Use beyond the Contract could be in breach of such licence or consent, and the Client will indemnify AW against any costs, expenses or claims arising from such use beyond the limits of the Contract.
- Any licence given by AW to the Client will automatically terminate should the Client become insolvent, wound up or cease trading.
13. Confidentiality
- AW will keep all information supplied to them by the Client not in the public domain in connection with the Services private and confidential and this will continue for a period of two years after completion of the Services. AW may disclose such information to any subcontractor, supplier, or employee to the extent necessary to provide the Services.
- AW will not publicise any details of the Services provided to the Client without having obtained their written consent to do so. However, AW may refer to the fact that they are providing Services to the Client in their business materials unless the Client expressly requests that they do not do so.
- The Client will keep all information it discovers about AW and its employees strictly confidential. This includes information relating to their business methods, practices, employees, contractors and includes all information whether labelled as Confidential or not. This continues after completion of the Services.
14. Data Protection
- All data supplied to AW by the Client will be kept safely in accordance with the UK General Data Protection Regulations (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 AW.
15. Complaints
- The Client must raise any problem or complaint it has with the Services immediately the issue arises, and AW will seek to find a mutually acceptable solution.
- The Client must, in any event, raise any Complaint about the Services within 14 days of the final Invoice being raised by AW or completion of the Services whichever is later.
- The complaint must be put in writing addressed to their account manager at AW who will take steps to consult with the Client and find a solution.
- If the Client remains dissatisfied with the Services, the matter will be passed to Angela Witter who will take whatever steps she considers appropriate to resolve the issue.
16. Severance
If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.
17. Waiver
The waiver by AW of a breach, default, delay, or omission of any of these terms or the Contract by the Client will not be construed as a waiver of any preceding or subsequent breach of the same or other provisions.
18. Transfer
The Client may not transfer any of their rights under the Contract to any Third Party.
19. Law
These Terms and Conditions are governed by the law of England and Wales whose courts will have sole jurisdiction over matters arising from these Terms and Conditions.
