The terms below are regarding all services offered by The Different Assistant and are effective from 1st February 2020. These Terms & Conditions are subject to change and may be updated periodically to ensure that customers are receiving the best service possible. It is the customer’s responsibility to read the associated Terms & Conditions for each service requested.
The term ‘The Different Assistant’ or ‘our’ or ‘we’ or ‘us’ refers to the owner of the website. The term ‘customer/client’, ‘customer’s/client’s’, you’, ‘your’, ‘their’, refers to the customer.
CONTRACT OF WORK
Before commencement the customer will agree with The Different Assistant a date and time for the work to be done. All work must be booked in and paid for in advance.
Payment initiates the contract of work between The Different Assistant and the customer.
The contract will start on receipt of the payment and will end once the work has been completed for the customer.
Early termination of the contract must be made in writing to firstname.lastname@example.org.
The Different Assistant reserves the right to refuse to handle:
- ~ Any media that is unlawful or inappropriate
- ~ Any media that contains a virus or hostile program
- ~ Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming
- ~ Any media that constitutes a criminal offence, or infringes privacy or copyright
The customer hereby agrees that all media and content made available to The Different Assistant for use in the project are either owned by the customer or used with full permission of the original authors. The customer agrees to hold harmless, protect and defend The Different Assistant from any claim or suit that may arise as a result of using the supplied media and content.
An invoice will be sent to the customer via email. The invoice will breakdown the requested services and associated fees. The invoice will need to be paid in full before any work begins. All payments can be made using PayPal or by direct bank transfers.
If at any point during the contract the customer requests to add or remove services, they will be sent an updated invoice. The updated invoice will list the original and newly requested services/remaining services and associated fees, the new total for all services requested/remaining services, and the amount remaining to be paid, if applicable.
Cancellations must be made in writing to email@example.com.
Cancellations for the Pay-As-You-Go hourly and half-hourly services must be made at least 24 hours before the service is due to start.
For example, if the work is scheduled for 11am on Friday 21st February 2020, the cancellation will need to made by 11am on Thursday 20th February 2020 at the latest.
Regarding packages, if a customer cancels mid-service they will be entitled to a refund only for any unused hours.
For example, if the work is scheduled for Friday 21st February 2020 from 11am to 4pm and the cancellation is received at 2pm on that same day, the customer will be refunded for the 2 remaining hours.
Refunds will only be made where cancellations have been received in advance. Please refer to the Cancellations clause for more information.
Customers will only be refunded for any FULL unused hours. For example, if the customer purchases a 5-hour packages and uses 2 hours, they will be refunded for the remaining 3 hours. If the customer purchases a 10-hour packages and uses 7.5 hours, they will be refunded for 2 full hours.
If the service has been completed and all hours have been used before the cancellation is received the customer will not be entitled to a refund. Refunds will not be made for any work completed.
If cancellations are made outside of the 24-hour cancellation period for hourly/half-hourly services then no refund will be due.
Upon entering into a contract of work with The Different Assistant, the customer agrees that they will remain in communication with The Different Assistant throughout the project life.
No contact for a period of 14 days will result in a request for all payments to be made in full before work can re-commence. No contact for 2 months will result in a cancellation of the contract of work and deletion of all associated files.
The client is obligated to remain in contact with The Different Assistant throughout the life of the project and to provide all requested materials for use within the timescales provided to them. The client is obligated to pay all monies outstanding before any work can be done. Other obligations may come into effect dependent on the services being purchased, which will be discussed with the client at the start of the contract.
Rates are set at £15 per half hour and £25 per hour, unless one of the packages are purchased at a reduced hourly rate.
If a package is purchased and cancelled before the maximum number of hours have been used, the hours that have been used will be charged for at the package hourly rate.
For example if the 5 hour package is purchased at £100 with an hourly rate of £20 per hour, if only 3 hours are used before the service is cancelled then the total amount charged will be £60.
Services are not eligible for refunds where work has already been completed.
Outstanding payments are payments that have not been made by the deadline date given to the customer.
Work will not be handed over to the customer until all payments have been made and received in full.
Failure to pay all outstanding balances may result in legal action being taken and the money outstanding being passed to a debt collector.
LIABILITY AND WARRANTY DISCLAIMER
The Different Assistant endeavours to provide services within the given delivery time scales to the best of its ability. However, the customer agrees that The Different Assistant is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale.
The customer agrees that The Different Assistant is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
The Different Assistant is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On handover of any files from The Different Assistant to the customer, the customer shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Should the customer go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, The Different Assistant reserves the right to cancel forthwith any projects and invoice the customer for any work completed.
The Different Assistant shall have no liability to the customer or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if The Different Assistant has been advised of the possibility of such damages.
The customer agrees to use all of The Different Assistant services and facilities at their own risk and agrees to defend, indemnify, save and hold The Different Assistant harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against The Different Assistant or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the customer or its third parties.
The customer agrees that this indemnification extends to all aspects of all services and packages. The customer also agrees to indemnify, hold harmless and defend, The Different Assistant against any liabilities arising out of injury to property or person caused by any product or service sold by the customer or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, or organisation.
The Different Assistant agrees that, unless directed by the customer, that at any time during or after the term of this agreement, any confidential information will not be disclosed.
The customer agrees that it will not convey any confidential information about The Different Assistant to another party, unless directed by The Different Assistant.
Complaints can be made in writing to firstname.lastname@example.org.
All complaints will be looked into. Please allow up to 30 days