Business Terms and Conditions
Business Terms and Conditions
Susanna Reay – www.susannareay.com
For “Open to All” Bookings
By enrolling on a creativity date you are agreeing to the Terms and Conditions that no space will be refunded due to cancellation for any reason. However, the place can be transferred to someone else on contact with Susanna Reay first.
Susanna reserves the right to cancel a date if there are not enough attendees. You will receive a full refund and notice 2 days before the date if cancellation occurs by the host.
Thank you for your understanding on this matter.
For Private Bookings
When booking a private party, 50% deposit is due at the time of booking, with the remainder due 2 weeks before the event date. If booked with less than 2 weeks notice, full payment is due at the time of booking. Cancellations over 2 weeks before the date can be fully refunded. If cancellation occurs between 72 hours and 2 weeks then only 50% will be refunded. Cancellations under 72 hours will not get any refund.
Thank you for your understanding on this matter.
Susanna Reay & the Client
- These terms and conditions apply to any work done for the client by Susanna Reay (“Susanna”) at susannareay.com. They shall apply to the exclusion of any other terms that the client seeks to impose.
- The client is under no obligation to offer Susanna work; neither is Susanna under any obligation to accept work offered by the client.
Susanna Reay’s Responsibilities
- Susanna will provide services as agreed by the parties in writing, in accordance with any agreed brief or specification.
- Susanna will use reasonable endeavours to meet any agreed date for completion of the work (which will be based on the description of the work and the brief) but any such dates will be estimates only and Susanna will not be liable for any delay in providing the services.
- If Susanna is prevented or delayed in providing the services by any act or omission of the client or the client’s failure to perform any relevant obligations Susanna will be entitled to suspend the services until such default is remedied, in which case she will not be liable to the client for any costs or losses thereby incurred by the client.
- Susanna will have the right to make any changes to the services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the services, and she will notify the client of these in any such event. No other changes to the services may be made except with the agreement of Susanna and the client, for example as described in paragraphs 15 and 16.
- Susanna will provide the services using reasonable skill and care. Except as set out in these terms and conditions, all implied warranties, conditions and other terms are excluded to the fullest extent permitted by law.
- The work will be carried out unsupervised at such time and places as determined by Susanna, using her own equipment.
- Susanna confirms that she is self-employed, is responsible for her own income tax and National Insurance contributions, and for paying VAT (where applicable) and will not claim benefits granted to the client’s employees.
Expenses, Fees, Pricing
- Susanna agrees to attend the client’s or other premises for necessary meetings, the time spent and agreed reasonable expenses incurred to be paid by the client, unless otherwise agreed by Susanna in writing.
- The client will reimburse Susanna for agreed reasonable expenses over and above Susanna’s usual costs and expenses of providing the services.
- The client will pay Susanna a fee per hour OR a flat fee for the job, as agreed. All service fees are exclusive of VAT. Product fees are inclusive of VAT.
- Susanna reserves the right to alter the pricing on susannareay.com without notice. However, existing written quotations will remain valid for 28 days from the date of the quotation.
- If 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, Susanna may renegotiate the fee and/or the date for completion.
- Similarly if, during the term of Susanna’s work, the brief changes, the project objectives are altered or additional tasks are requested by the client, Susanna may renegotiate the fee and/or the date for completion.
- All project based fees require 100% payment upfront. If the project is over 3 months, Susanna will invoice monthly for the next month’s work. No work will be carried out without upfront payment.
Client’s Copyright & Confidentiality
- The nature and content of the work will be kept confidential and not made known to anyone other than the client and its contractors without prior written permission.
- All content provided to Susanna by the client is assumed by Susanna to be factually accurate and legal. In addition, any pictures provided by the client must be accompanied by the full, proper and legal rights to use and publish.
Responsibility for Accuracy of Project
- The client agrees to provide one point of contact through whom Susanna can work throughout each project.
- Nothing in these terms and conditions shall limit or exclude Susanna’s liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
- Susanna will not be liable for any loss of profit or contracts, or for any indirect or consequential loss whether arising from negligence, breach of contract or otherwise.
- If Susanna’s work is unsatisfactory she will rectify it in her own time and at her own expense provided that the issue is brought to Susanna’s attention with 10 working days of the work having been submitted to the client. If this is not possible Susanna’s total liability to the client in respect of all losses arising under or in connection with the services (whether in contract, negligence or otherwise) shall not exceed the amount of Susanna’s fee for the relevant services.
Rights to Cancel
- The client may cancel a project at any time before the work has commenced and materials ordered with no charge. If work has not started but materials procured, then teh client is liable for the material costs only.
- If the project is cancelled after Susanna has started working on it, no refunds will be given.
- Unless agreed otherwise at the outset, payment will be made in full before the project begins.
- If the client fails to make any payment on the due date Susanna will suspend further performance of the services.
- The client agrees to pay any expenses incurred in collecting outstanding debts due by the client.
- Under the terms of the Data Protection Act 1988, the client and Susanna may keep on record such information (e.g. contact details) as is necessary and the parties will comply with that Act in this regard.
- Either party may immediately terminate any contract governed by these terms and conditions if the other party commits a serious breach or is subject any form of insolvency proceedings or process.
- On termination:
- the client will immediately pay all of Susanna’s outstanding unpaid invoices and, in respect of services provided but for which no invoice has been submitted, Susanna will submit an invoice to be paid by the client immediately on receipt;
- Susanna will return all of the client’s documents and other property;
- the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination of the services shall not be affected; and
- provisions in these terms and conditions which expressly or by implication have effect after termination shall continue in full force and effect.
- These terms and conditions are published at susannareay.com and may be modified, updated and amended at any time. Susanna has complete discretion to amend any part of the www.susannareay.com website accordingly and without warning, and without any liability arising from this action.
- No waiver of any breach of these terms and conditions will be considered as a waiver of any subsequent breach of the same or any other provisions.
- If any provision of these terms and conditions is declared by any judicial authority to be void, voidable, illegal or otherwise unenforceable then that provision shall be limited or eliminated to the minimum extent necessary so these terms and conditions shall otherwise remain in full force and effect and enforceable.
- Neither party may not assign any contract incorporating these terms and conditions except with the other party’s prior written consent.
- Any contract incorporating these terms and conditions may not be enforced by a person who is not a party to it under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- These terms and conditions are subject to the laws of England and Wales. Both Susanna and the client agree to submit to the jurisdiction of the English courts.