Terms & Conditions of service

These Terms and Conditions shall apply to the provision of the services “services” detailed on the accompanying invoice sent via Wave, set out in a proposal or included in subsequent email correspondence sent on behalf of Hldn Media t/a KirstyHolden.com (“supplier”) to you the “client”.

No other terms and conditions shall apply to the provision of Services unless there additional terms that are required and agreed in writing between the Supplier and Client (e.g. services under a retainer contract.)

The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation. The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Client upon making a purchase until the Client’s monthly renewal of the Services occurs.

Monthly renewal or payment of reoccuring invoices by the Client of the Services will be deemed acceptable of the Supplier’s then current Terms and Conditions.

Services

With effect from the commencement date in consideration of the Fees being paid and in accordance with these Terms and Conditions, the Supplier shall provide the Services to the Client.

The Contract will continue until the sooner of the Services being provided and the Contract being terminated pursuant to the clause entitled ‘Termination’ below. If you do not make payment but continue to or proceed to instruct us, you shall be deemed to have agreed to these terms and they shall be duly incorporated into the Contract.

The Supplier shall use reasonable care and skill in its performance of the Services and shall ensure compliance with any and all relevant codes of practice.

It is the clients responsibility to ensure regular back ups of their website at all times unless they have chosen me to provide a service for them that agrees I will be responsible for said back ups. You are required to confirm that a back up has been create before I start work on your website.

General

Written quotations, estimates, proposals or invoices will be provided prior to any work commencing. We will carry out services as set out and agreed with the client in writing not via the telephone.

The responsibility of the final proof-reading of any content created by Hldnmedia.net lies with the client and any errors notified within 48 hours of receipt will be corrected by Hldn Media. After 48 hours it shall be deemed that the work has been accepted and free of errors/omissions and Hldn Media will accept no liability or loss arising from the performance of any services carried out under the agreement. Any errors on content provided by the client and NOT picked up before completion will be charged.

Errors or omissions on content created by hldnmedia.net and reported after 48 hours can still be corrected but any additional time spent may be charged to the client at the current ad hoc hourly rate.

Where you require amendments or modifications that are not included in the original specification, we reserve the right to charge our current hourly rate.

Hldn Media will not be held liable or responsible for the end use of any document or work carried out by us. We retain the right to reject work which involves material we feel is illegal, immoral or objectionable.

Client Obligations

The Client shall use its best and reasonable endeavours to provide the Supplier with access to any and all relevant information, materials, properties and other matters which are required to enable the Supplier to provide the Services.

The Client shall use its best and reasonable endeavours to acquire any permissions, consents, licences or other matters which are required to enable the Supplier to provide the Services.

The Supplier shall not be liable for any delay or failure to provide the Services where such delay or failure is due to the Client’s failure to comply with the provisions of this clause.

The Client should acknowledge that our ability to provide the Services is dependent upon the Client’s. full and timely co-operation, as well as the accuracy and completeness of any specifications, information and data provided by the Client and any third party acting on your behalf.

Office Hours

The Suppliers core office hours are term time 9am3pm Monday through Thursday.

Although the Supplier works extremely flexibly in and around these hours; any communication, email, telephone calls outside of these hours will likely be dealt with the next working day.

If you request Services outside of these hours, we reserve the right to charge an additional 50% of our standard rate fees.

We endeavour to meet any timetable or deadlines that have been agreed between us but time shall not be of the essence and you shall not be entitled to terminate this agreement or claim damages or any other remedy should we not meet such timetable or deadline.

Communication

Email is the preferred method of contact between the Client and the Supplier.

However we aim to communicate with you by such methods as you may reasonably request. You may need to virus check electronic media and emails as, although we take reasonable precautions, we cannot guarantee that all electronic data is virus-free.

We will communicate with you and others when appropriate by email, but we cannot be responsible for the security of correspondence and documents sent by email. By paying for the Suppliers services, you give informed consent to enable the Supplier to communicate with you on confidential matters by email, unless you have asked us not to do so or we have discussed an alternative method.

Charges, Payments & Fee’s

Monthly retainer packages must be paid in advance and unused hours cannot be carried over to subsequent months.

Retainer packages are invoiced at the start of each month for the month ahead and are payable within 7 days. Any hours worked in addition to the number of hours included in the retainer will be charged at the Suppliers standard hourly rate applicable at that time (and not the retainer rate).

Any payments due is strictly 7 days from receipt of invoice & billable time includes virtual or face to face meetings, calls, WhatsApp or voice messages and the reading and writing of correspondence in any of the above formats plus without limitation research or administration.

First time ad hoc clients will be invoiced ahead of the work being started.

Minimum invoice amount is 1 hour with the hourly rate being then billed in increments of 15 minutes with time rounded up to the nearest quarter.

Payment can be made by BACS transfer or via PayPal (fees apply). If clients original requirements change, we reserve the right to change our original quotation following suitable consultation with the client.

Failure to pay may result in a late payment fee’s being added to the total amount inc any debt recovery fee’s too.

Any and all costs incurred for chasing and/or recovering the outstanding payment will also be added to account & no further work will commence until the outstanding invoice has been paid. 

If turnaround of work of 24 hours is requested, and there is no alternative but to work beyond our ‘office hours’ then additional charges may be applied.

All charges will be reviewed on the 1 January of each year but this does not mean that there won’t be price changes during other parts of the year. Clients will be notified and given 1 months notice of any new charges in writing.

Where retainer fees are applicable the Client shall pay the fees due by BAC’s in advance on the same day each month as agreed in writing unless otherwise specified or otherwise in accordance with any credit terms agreed between the Supplier and the Client. All other fees are payable in on receipt of invoice or in advance as specified within the agreement.

If the Client fails to make a retainer payment within the agreed period the Supplier shall have the right to suspend any further provision of the Services and to cancel any future services which may have been ordered by, or otherwise arranged with, the Client.

Receipts for payment will be issued by the Supplier only at the Client’s request.

All payments must be made in pounds sterling unless otherwise agreed in writing between the Supplier and the Client.

Subcontracting

The Supplier may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the Contract and may subcontract or delegate in any manner any or all of our obligations under the Contract to any third party or agent.

The Supplier shall be free to sub-contract the provision of the Services (or any part thereof) with prior agreement of the Client.

Where the Supplier sub-contracts the provision of the Services or any part thereof it shall ensure that any and all sub-contractors are reasonably skilled in the relevant practices and shall not pass any additional charges that may be incurred through the use of such sub-contractors on to the Client.

Termination

The Supplier may terminate the provision of the Services immediately if:

(a) the Client commits a material breach of its obligations under these Terms and Conditions; or

(b) the Client is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors.

(c) the Client enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or

(d) the Client convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertakings or any part thereof.

The Supplier may terminate the Contract at any time if they reasonably believe that you are not complying with all applicable law and regulation or are doing anything that might bring the Client into disrepute or damage their goodwill or reputation.

When the Supplier provides Services on a monthly retainer basis, the client may terminate the Contract by providing us with one month written notice, such notice not to be served before the expiry of 3 months from the date of commencement of the Contract.

Returns & Refund Policy

Payments made are not refundable.  Services are considered rendered at the time of payment, as planning, scheduling, strategising, designing, set up as well as diary management is likely to have been delivered in advance that cannot be returned.

Digital products are also not refundable.

Confidentiality & Data Protection

Personal information or business information that the Client supplys to us will be treated confidentially and in line with our Privacy Policy

The Client shall keep in strict confidence all know-how, processes or initiatives that are of a confidential nature concerning our business. We will also keep confidential all information disclosed by you or your employees in relation to the provision of the Services.

The Client will agree that they will not (in any capacity), during our appointment and for a period of 6 months following termination of the appointment, employ, contract with or enter into any other arrangement with any person who is or was in the 6 months prior to the termination of the appointment, our employee or contractor in relation to the provision of services similar to the Services being provided pursuant to this Agreement.

GDPR & Mailing Lists

In order for me to complete the work and be fully comply with GDPR; a double opt in WILL be activated on any mailing list created. If you wish to deactivate that is entirely your own choice and you do so at your own risk. 

A double opt in may NOT be required legally in the U.K. but there are other countries in the EU that DO require it and this is something you need to be aware of should you choose to deactivate.

Please note I am NOT legally qualified. This is based purely on research and past experience and to ensure you investigate the consequences of deactivating said double opt in.

Complaints

If you have any questions or a complaint about the service provided by us please contact kirsty@hldnmedia.net to make your complaint.

Contact us

If you have any questions about these Terms & Conditions, please email at kirsty@hldnmedia.net

These Terms & Conditions of Service is one of four important policies on hldnmedia.net. They are all listed below for you to read. It is advised that you re-read this from time to time to makclDe sure you are happy with the various policies.

Disclosure Policy

Privacy Policy

Cookie Policy