Terms and Conditions
 
 
 
 
 
 
Website & contract terms & conditions

Contract Terms and Conditions and Website Terms and Conditions:
 


Definitions
 

Client

The customer who purchases products or services from the Consultant.

Consultant, I or Me

Bauke Schuurmans of 22 Fortuna Court, Falkirk, Stirlingshire, FK1 1YE, owner of this Website. 

Content

Any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. 

Contract

The agreement between the Consultant and his Client

Cookie Policy

https://excel-support.co.uk/cookies.htm

Effective Date

The date the Contract becomes into effect.

 

Privacy Policy

https://excel-support.co.uk/privacy.htm 

 

Terms and Conditions

This document.

User or You

Any third party that accesses the Website and is not either: (1) employed by Me and acting in the course of their employment; or (2) engaged as a consultant or otherwise providing services to Me and accessing the Website in connection with the provision of such services.

Website

The Website that You are currently using, https://excel-support.co.uk, and any sub-domains of this site.

Work

The work I will carry out on behalf of his Client.


Website Terms and Conditions
  1. These Terms and Conditions apply between You, the User of this Website (including any sub-domains) and Me, the Consultant, Owner and Operator of this Website. Please read these Terms and Conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

  2. You should read these Terms and Conditions alongside and in addition to the Privacy Policy and Cookie Policy, which you can find at https://excel-support.co.uk/privacy.htm and https://excel-support.co.uk/cookies.htm and form part of any contract between You and the Consultant.

  3. The services I provide are not intended for children under the age of 18. By using this Website and agreeing to these Terms and Conditions, you confirm that you are at least 18 years of age.

    Intellectual Property and Acceptable Use


  4. All Content included on this Website, unless uploaded by Users, is the property of the Consultant, my affiliates or other relevant third parties. You confirm that you recognise the protection of such Content by copyright, trademarks, database rights and other intellectual property rights by continuing to use this Website. You cannot use any trademark, logo or service mark displayed on this site without the Consultant's prior written permission.

    Prohibited Use

  5. You may not use the Website for any of the following purposes:

    In any way which may cause damage to the Website or interferes with the use or enjoyment of the Website by any other person;

    In any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order;

    Making, transmitting or storing electronic copies of Content protected by copyright without the permission of the Consultant.

    Availability of the Website and Disclaimers

  6. I give no warranty that the Website will be free of defects or faults. To the maximum extent permitted by the law, I provide no warranties of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. I am under no obligation to update information on the Website.

  7. I use reasonable efforts to ensure that the Website is secure and free of errors, viruses and other malware, but does give no warranty in that regard. Users are responsible for their security, personal details and computers.

    For detailed information on how to protect your information, computer and other devices against fraud, identity theft, viruses and many other online problems, please visit Get Safe Online on www.getsafeonline.org.  HM Government and leading businesses support Get Save Online.

  8. I accept no liability for any disruption or non-availability of the Website.

  9. I reserve the right to alter, suspend or discontinue any part (or the whole of) of the Website, including any products and services available. These Terms and Conditions shall continue to apply to any new version of the Website.

  10. Some of the links on this Website are affiliate links. These links are at no additional cost to you. I will earn a commission if you decide to purchase something after clicking on the link. I have experienced all of the products, services and companies mentioned in the links and recommend them because I have positive experiences with them, not because of the small commission I earn if you decide to buy something through the links. Please do not spend any money on these products and services unless you have completed your research and you feel you need them to help you achieve your goals.

    Limitation of Liability

  11. Nothing in these Terms and Conditions will: (1) limit or exclude my or your liability for death or personal injury resulting from our or your negligence, as applicable; (2) limit or exclude my or your liability for fraud or fraudulent misrepresentation; or (3) limit or exclude any of my or your liabilities in any way that is not permitted under applicable law.

  12. I will not be liable to you in respect of any losses arising out of event beyond our reasonable control.

  13. To the maximum extent permitted by law, I accept no liability for any of the following:

    Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

    Loss or corruption of any data, database or software;

    Any indirect or consequential loss or damage.

  14. You may not transfer any of your rights under these Terms and Conditions to any other person. I may transfer his rights under these Terms and Conditions where I reasonably believes your rights will not be affected.

  15. I reserve the right to change the Website Terms and Conditions as I may believe necessary from time to time or when required by law. I will post any changes immediately on this page and add a notification to the news section of this Website. The continued use of this Website or my services means You agree to the changes to the Terms and Conditions. The only way of not accepting the changes to the Terms and Conditions is to discontinue the use of this Website and my services.

  16. These Terms and Conditions, together with the Privacy Policy and Cookie Policy, comprise the complete agreement between all parties and replace all previous arrangements and agreements in connection to the Terms and Conditions.

  17. If any court or competent authority finds that any provision of these Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will be deemed to be deleted, and will not affect the validity and enforceability of the other provisions of these Terms and Conditions.

  18. Unless otherwise agreed, no delay, act or omission by a party exercising any right or remedy will be considered a waiver of that, or any other, right or remedy.

  19. This agreement will be governed by and interpreted according to the law of Scotland. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the Scottish courts.
General Terms and Conditions
  1. Contract

    Any Contract is subject to acceptance of these Terms and Conditions and the
    Privacy Policy.

  2. Quotes

    Quotes are valid for 7 (seven) days. If the Client does not accept the Quote within these 7 (seven) days, I am allowed to change the quoted price at any time.

  3. Turnaround Times

    Turnaround times are subject to availability and must be agreed between the Consultant and Client before any work commences. Turnaround times relate to working days only, i.e. Monday to Saturday, excluding Bank Holidays.

  4. Agreed Hourly Rate

    The Agreed Hourly Rate for work carried out during business hours (8 AM - 6 PM Monday to Friday) will be negotiated between the Client and the Consultant. The agreed hourly rate is to remain confidential between the Client and the Consultant. I reserve the right to change this rate periodically. I will inform the Client in writing if this rate changes during the term of the Contract.

  5. Daily Rate

    Where the Client prefers to engage the Consultant at a fixed daily rate, I will negotiate with the Client to an agreed rate, which is to remain confidential between the Client and the Consultant. I reserve the right to change this rate periodically. I will inform the Client in writing if this rate changes during the term of the contract.

  6. Overtime Rate

    The Client and the Consultant will take decisions regarding overtime contracts during the negotiation process. The Client will receive an adjusted contract indicative of these changes. The Overtime Rate is applicable outside business hours (8 am - 6 pm), Monday to Friday. The Overtime Rate also applies for any hours that are surplus of 40 (forty) hours per working week, and any hours worked during weekends and Bank Holidays. The Consultant will only charge the Client overtime rates where the Client directly requests for the completion of work during these hours. Where there are deadlines set and the work required exceeds the estimated scheduled time, falling into overtime hours, I will notify the client before I undertake any work at the overtime rate.

  7. Travel and Overnight Stays

    I can complete most of the work remotely. Where travel to the Client is involved, the Consultant is free to choose the type of transport I feel is required to reach the Client. I will charge travel at a rate of  40 pence per mile when using own transport or at second-class public transport rates, whichever I choose to use. I may add taxi fares and parking fees to the final bill. I may charge travel time at a rate of 20.00 Pound Sterling per hour. Where the distance from the my accommodation to the Client is less than 10 miles, I will not charge for travel or travel time. The app Fuelio, installed on my mobile phone, will decide the total mileage and travel time. If there are any problems with this app, another app called Trip Logbook will be used to verify the mileage and travel time. In case of problems with the mobile phone, Google Maps will decide the total mileage and travel time. For projects lasting more than one day at the location of the Client, I may decide that I require an overnight stay. The expenses of the overnight stay will be passed on to the Client. This will include the overnight stay at bed and breakfast rates of the hotel of my choice to stay, expenses for dinner and two drinks per night.

  8. Change of Description of Services

    If the description of Services requires change, I will inform the Client and can renegotiate the cost of the Contract.

  9. Payment

    I invoice at every completed milestone of the project or at 500 Pound Sterling intervals, whichever comes first. The Client is required to pay within 30 (thirty) days of receipt of the invoice. I accept payment by bank transfer, cheque and PayPal.

  10. Late Payment

    Late Payment may result in Me suspending work on the contract until payment for the outstanding invoice(s) arrives.

  11. Late Payment Fees

    I am allowed to charge for late payment of invoices. There will be a fixed charge in case of late payment. The fixed charge will be 40 Pound Sterling, 70 Pound Sterling or 100 Pound Sterling depending on the size of the outstanding invoice (under 1,000 Pound Sterling, under 10,000 Pound Sterling or higher).

  12. Discounts

    Any Discounts or other offers are for the consultancy rate charged only and do not include travel expenses, overnight accommodation, shipping expenses or any other expenses that are required to complete an assignment unless specifically mentioned. It is not possible to use discounts or offers in conjunctions with other offers or lowest price guarantees. Discounts and special offers may be withdrawn at any time. In such a case, accepted quotations will be fulfilled as agreed.

  13. 50% Discount When Booking Before 01/07/2019

    If the Clients books the services of the Consultant before the 1st of July 2019, a discount of 50% may be applied. To qualify for this discount, the Client must quote the discount code 01072019 when requesting a quotation. It is not possible to add the discount after the quotation process. The discount will only be applied for bookings confirmed before or on the 1st of July 2019 and where the service is scheduled to commence before the 31st of December 2019. This discount has limited availability.

  14. 20% Discount for Emergency Services

    If the Client wants to book the services of the Consultant using the 20% discount offer for emergency services, the Client must quote the discount code EM20 when requesting a quotation. It is not possible to add the discount after the quotation process. Only NHS institutions, fire services, mountain rescue services and their staff may use this offer. Proof of eligibility may be required.

  15. 10% Discount When Ordering Data Analysis and Report Writing Services at the Same Time

    If the Client wants to book data analysis and report writing services at the same time, a 10% discount may be applied. To qualify for this discount, the Client must quote the discount code DARE10 when requesting a quotation. The offer is only valid when the data analysis and report writing services are requested in the same quotation and relate to the same job. It is not possible to add the discount after the quotation process.


  16. Overdue/Unpaid Invoices

    Invoices that remain unpaid will be passed on to the debt collectors. Any fees incurred for this will be added to the invoice and will be payable by the Client.

  17. Deposits

    Where required, the Client agrees to pay the Consultant a deposit of up to 50% of the total contract costs before the Consultant provides any services.

  18. Data Entry

    For consistency, the title of a person will not have a dot at the end, unless the Client specifies that this is required. If there is no title, the name and gender will decide the title. If there is no title and the record is of a female, the title will read as Ms. Separate cells will be used to enter address lines. If parts of an address are missing, the Royal Mail Postcode Finder will be used to obtain the missing information. There will be checks on the correct size of telephone number and validity of email addresses (checks for valid and mandatory characters). The final product will highlight any missing or unclear data.

  19. Confidentiality

    I acknowledge that I may receive or have access to information which relates to the past, present or future products of the Client, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. I agree to protect the confidentiality of the proprietary information of the Client and all physical forms thereof, whether disclosed to Me before this contract is signed or afterwards. Unless the Client requests strict confidentiality in advance of the establishment of this contract, I can display final works created for Client on this website without mentioning the name of the Client.

  20. Client Responsibilities

    The Consultant is under the responsibility of the Client from the time of reporting for duties and throughout the booking. All reasonable care will be taken to ensure the completion of the work to the highest achievable standard. The Client will not hold the Consultant liable for loss, expense or damage caused by any act or omission that occurs during the booking. The Client agrees to exercise due diligence in its direction to the Consultant regarding the preparation of materials and resources and must be able to substantiate all claims and representations. The Client is responsible for all trademark, service mark, copyright and patent infringement clearances. The Client is also responsible for arranging any necessary legal clearance of materials that the Consultant prepares.

  21. Approvals, Errors and Omissions

    I will take all reasonable care to check his work carefully for accuracy in all respects, ranging from spelling to graphs and illustrations. It is, however, considered the responsibility of the Client to check all work carefully. As a result, I am not liable for loss, expense or damage caused by any act or omission after the Client has accepted the work. In case of errors discovered before the final approval, the Client will give the Consultant 2 (two) opportunities to rectify these at no extra cost. I am obliged to provide a 100% accurate final result after 2 (two) rounds of changes.

  22. Liability

    I will make every effort to maintain the highest possible work standards, however, cannot accept responsibility for any loss, expense or liability of any kind incurred while preparing work for the Client. To the extent permitted by law, I shall not be liable to the Client or any third party for any loss or damage arising directly or indirectly in connection with the provision of service. The Client will indemnify and holds harmless the Consultant from and against any claims, costs, expenses, negligence, actions or suits suffered, sustained or incurred by the Client or any third party. It includes, without limitation, interruptions caused by acts of nature, fire, electricity problems or any other circumstances beyond reasonable control, any lost profits, business interruption, and loss of data or otherwise, even if expressly advised of the possibility of such damages. In case I am unable to complete the contract due to unforeseen circumstances, I will organise a contractor to finish the contract or will hand the work completed up to that point under the contract to the Client to be completed by someone else. In case the work is given to the Client, the Client will be invoiced and is liable to pay for the work done up to that point.

  23. Cancellation/Termination of Contract

    Client and Consultant both understand that both of them may terminate the Contract at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Should the Client or Consultant wish to cancel/terminate the Contract and discontinue any work in progress, they must notify the other party immediately of its intention. The Client will be responsible for all expenses incurred and any work that was done towards the completion of the Contract based on the percentage of the contract completed and will be determined by the Consultant. Hours worked to that point will be invoiced. In the case of cancellation/termination, outstanding invoices require paying within 30 (thirty) days of the invoice issue date. The minimum daily charge will apply if cancellation occurs within 24 (twenty-four) hours of the booking. Should the Client cancel the Contract following its completion, the Client is responsible for full payment as per the agreed Contract plus all expenses incurred. In the event of cancellation, the Consultant retains ownership of all copyrights and original work created, and the Client cannot use this work at all.

  24. Delivery

    The Client will pay for the postage or courier fees if any of the work need returning via mail or courier. I do not accept any responsibility for lost or damaged items.

  25. Complaints

    I must receive any complaints in writing via email within 24 (twenty-four) hours of the Client receiving the final product. I then have the chance to rectify any issues within 5 (five) working days.

  26. If any court or competent authority finds that any provision of these Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will be deemed to be deleted, and will not affect the validity and enforceability of the other provisions of these Terms and Conditions.

  27. Unless otherwise agreed, no delay, act or omission by a party exercising any right or remedy will be considered a waiver of that, or any other, right or remedy.

  28. This agreement will be governed by and interpreted according to the law of Scotland. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the Scottish courts.

  29. Variation in Terms

    These terms can only be varied, amended or altered by a written contract between the Client and the Consultant.
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