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DATED date

Your business name (1)

and

Individual Consultant’s Name (2)

Contract for Services: Individual Consultant, Freelancer (Sole trader)

THIS AGREEMENT is dated DATE

It is made between us,

  1. Your business name (a company incorporated and registered in England and Wales with company number INSERT COMPANY NUMBER whose registered office is at INSERT ADDRESS (called ‘the Customer’ in this agreement, and also referred to as ‘We’, ‘Us’ and/or ‘Our’).
  2. INDIVIDUAL’S NAME of INSERT ADDRESS (called ‘the Consultant’ in this agreement and also referred to as ‘You’ or ‘Your’).

Within this agreement, we agree that:

  1. You, the Consultant, provide services such as broadly describe the relevant services, referred to throughout this agreement as the Services (which are defined more fully in Annex 2 below).
  2. We, as your Customer, have agreed to buy and you have agreed to provide the Services on the terms of this agreement.

General points agreed

Start date, end date

You will start to provide us with the Services on date 2018. Our agreement will end on date when the last project agreed between us finishes .

This agreement will take effect on the day that it is signed by both of us.

Consultancy personnel

We both agree that the services will be carried out by you and that any change of personnel you may propose is subject to clause 5 below.

Fee rate

A daily fee rate of £ amount exclusive of VAT is agreed, on the understanding that a day is the equivalent of 8 working hours.

Days that are unworked during the period of our agreement, for whatever reason, will not incur a fee.

You will provide us with invoices on a monthly basis. We agree to pay those invoices by bank transfer within 10 working days of receipt.

Time frame

You will work the days that we both agree , subject to a minimum of number days per week.

Location for services to be provided

You will perform the Services principally at address or as otherwise agreed between us in writing.

Expenses

To the extent that you plan to incur expenses, they must be approved in writing and in advance by us. We will reimburse approved expenses within a reasonable time frame, with the aim of doing so within 7 working days.

Notice & notice period

This agreement may be terminated by either of us on specify time period notice. Whichever of us serves the other with that notice, we agree to do so in writing.

We also agree:

The terms agreed here (including the Additional Terms and Conditions at Annex 1 and all other attached Annexes), set out the basis on which these agreed terms will operate.

Definitions and Interpretations

If any word, phrase or explanation used within this agreement is not clear, it will be defined and interpreted according to the definitions and interpretations set out in these Additional Terms and Conditions at Annex 1.

Term

This agreement will start on date and will continue (subject to the provisions of Annex 1, paragraph 4 (Termination)) until date the last project agreed between us finishes, without the need for notice, unless terminated earlier by either of us giving the other not less than specify time period, same as that in clause 1.10 notice in writing.

On the Termination Date and, with effect from that date, this agreement will cease to have any effect, except in relation to:

  1. clause 8 (no employment or agency)
  2. clause 9 (indemnities, liabilities and insurance)
  3. clause 11 (confidential information)
  4. clause 12 (intellectual property) and
  5. annex 1 paragraph 2 (assignment and representation).

Neither you nor we will be under any obligation to work with each other after the Termination Date.

The Services

During the term of this agreement, you will provide the Services to us, including such other services that are consistent with the Services, as we may reasonably request. Those services will always be performed to professional standards and be of a high-quality output (as determined by us in our reasonable opinion) and in line with relevant best practice. What constitutes the Services is defined in Annex 2.

The Services will be provided at the location set out in Clause 1.8 above, or as otherwise agreed between you and us from time to time.

You will ensure that when providing us with the Services, you (and/or any Substitute agreed between us according to clause 5 below) will use all due care, skill and ability and shall promptly give us all such information and reports as we may reasonably require concerning the provision of the Services.

You will, and you will ensure that any Substitute, will, cooperate with our reasonable instructions and agree to comply with our site rules and any relevant policies of ours, (including, without limitation, our policies on anti-bribery, harassment and bullying and health and safety) and any relevant legislation affecting or relating to our business.

You will immediately disclose to us any conflict of interest that arises in relation to the provision of the Services as a result of any present or future engagement, appointment, employment or other interest of yours or any Substitute.

You may use another person, firm, company or organisation to perform any administrative, clerical or secretarial functions that are reasonably incidental to the provision of the Services, provided that we will not be liable to bear the cost of such functions, and provided that you ensure any such arrangements, with any such entities, are subject to the same obligations of confidentiality and standards of service and professionalism as you have agreed to provide to us in this agreement.

You agree on your own behalf and on behalf of any Substitute:

  1. To promote our best interests;
  2. To notify us as soon as possible if you (or any Substitute) is prevented from providing the Services by illness or injury;
  3. Not to engage in any conduct detrimental to our interests, which includes any conduct that may bring us into disrepute or that may or does result in our loss of custom or business or business opportunity; and
  4. To notify us immediately in writing if you become or are about to become bankrupt or make any arrangement with or for the benefit of your creditors or have an administration order made against you under the County Court Act 1984; and

Substitute

As at the date of entry into this agreement, the intention is for you personally to provide the Services. However, you may provide the Services through another person engaged by you (the ‘Substitute’), provided that the Substitute is suitably qualified and has the appropriate skills and experience necessary to perform the Services to the standard required. You agree to inform us of the identity and qualification of any Substitute that you propose to use to provide the Services. We may, in our absolute discretion, decide whether to accept such a Substitute to provide the Services.

Where you provide a Substitute according to clause 5.1, you will be responsible for paying that Substitute and you agree to ensure that any agreement between you and that Substitute contains obligations that accurately correspond to the obligations that you have under the terms of this agreement. You will procure that the Substitute complies with all of your obligations under this agreement and you will remain responsible for the acts or omissions of any Substitute.

You agree to procure that any Substitute enters into a direct agreement with us covering confidentiality and our ownership of Works (in a form satisfactory to us) prior to performing any Services.

Fees and invoicing

In consideration of you providing the Services and performing as described in clause 4, we agree to pay you the Fee and any reasonably incurred and advance-approved expenses, together with VAT (if applicable).

The Fee shall accrue during the calendar month in which the Services are provided and is payable following the end of that month, on receipt of the relevant invoice from you, by way of bank transfer.

Payment of the Fee will be made within 10 working days following our receipt of your invoice, which must be submitted specify when, e.g. on the last day of each month during the term of this agreement.

Expenses will only be payable if we have approved these expenses in advance and provided that you are able to produce valid receipts or other evidence as we may reasonably require. Payment of approved expenses will be made in line with the procedure described at clause 6.2. It will be limited to the amount of any out-of-pocket expenses properly and responsibly incurred in the provision of the Services under this agreement.

If you are unable to provide the Services for any reason, or the Services are not performed according to the standards described in Clause 4 above, we are under no obligation to pay you the Fee.

You agree to ensure that your invoices are compliant with all legal and regulatory requirements, including in relation to tax and VAT.

If we fail to make any payment due to you under this agreement by the due date for payment, then we will pay you interest on the overdue sum from the due date until payment of the overdue sum, whether before or after any judgment. Interest under this clause will accrue each day at a rate of 4% a year above the Bank of England’s base rate from time to time.

All amounts due under this agreement from us to you shall be paid by in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax that might from time to time be required by law).

Other activities

You and we acknowledge and accept that you are in business on your own account and that you are entitled to seek, apply for, accept and perform contracts to supply services to any third party during the term of this agreement, provided that this in no way compromises or is to the detriment of the performance of the Services to us.

Nothing in this agreement shall prevent you or any Substitute from being engaged, concerned or having any financial interest in any capacity in any other business, trade, profession or occupation, provided that:

  1. Such activity does not cause a breach of any of your or their obligations under this agreement; and
  2. You shall not, and shall ensure that and any Substitute shall not, engage in any such activity if it relates to a business that is similar to or in competition with our business, without our prior written consent.

No employment or agency

Nothing contained in this agreement shall be construed or have effect as constituting any relationship of employer and employee between us and you or any Substitute.

Neither you nor any Substitute are under our supervision, direction or control and nor do we have any such rights to create that situation.

Nothing in this agreement shall constitute you or any Substitute acting as our agent.

Neither you nor any Substitute will have any right or power to contract on our behalf or to bind us in any way in relation to third parties, unless specifically and exceptionally authorised to do so by us. None of you will hold yourselves out as having any such authority unless specifically and exceptionally authorised to do so by us.

The relationship between you and us is between independent businesses acting at arm’s length. Nothing contained in this agreement shall be construed as constituting or establishing any partnership or joint venture between you and us or between us and any Substitute.

Indemnities, liabilities and insurance

This agreement is a contract for the provision of services and not a contract of employment. This means that you are responsible for payment of all National Insurance, income tax and other form of taxation or social security cost in respect of yourself and any Substitute.

You will indemnify us and keep us indemnified against any liability, loss, damage, cost, claim or expense that we suffer as a result of any claims against us for such sums and other claims arising out of you and/or any Substitute being found to be an employee or worker of ours (including, without limitation, any claims against us for any National Insurance, income tax and other contributions required by law to be paid in respect of any payments made to you under this agreement).

Without prejudice to clauses 9.1 and 9.2 above, if for any reason, we become liable to pay, or shall pay, any such taxes or other payments, we shall be entitled to deduct from any amounts payable by us to you (in return for the Services), all such payments that we have made or are required to pay. To the extent that any amount for which we have paid or must pay exceeds the amount payable by us to you in respect of the Services, you will indemnify us in respect of this liability and will immediately reimburse us for any such excess.

You agree to indemnify us and keep us indemnified against any liability, loss, damage, cost, claim or expense that we may suffer or incur in respect of your performance (or non-performance) of the Services, including in respect of, but not restricted to, any act, neglect or default by you or any Substitute or other person authorised by you to act on your behalf.

You will accordingly take out and maintain, at your own cost, a full and comprehensive policy of insurance with a reputable insurance company providing the appropriate levels of coverage to cover your and any Substitute’s liability in respect of any act or default for which you may become liable to indemnify us under the terms of this agreement, (including, but not limited to third-party employer’s and professional indemnity insurance). You agree to supply us with current certificates of insurance for the period of this agreement, should we request them.

You agree to back up and hold secure, (including to robustly password protect) at all times, all of the data, work-product and materials to which you have access or are working on, in your performance of the Services and in your fulfilment of the terms of this agreement.

Equipment

You will provide, at your own cost, all such necessary equipment as is reasonable for the satisfactory performance of the Services subject to any agreement to the contrary regarding any facilities that may be made available by us.

If as a matter of convenience, it is agreed that we will provide you with equipment according to clause 10.1 above, you shall be responsible for ensuring that you preserve the security and condition of such equipment and any and all data contained within it. If and to the extent that any equipment is damaged or lost while in your possession or any Substitute’s possession, you shall be responsible for the cost of any necessary repairs or replacement.

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Contract for services: individual consultant, freelancer (sole trader)

Written with our partners at:

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DATED date

Your business name (1)

and

Consultancy Company’s Name (2)

Contract for Services: services provided via a consultancy company

THIS AGREEMENT is dated DATE

It is made between us,

  1. Your business name (a company incorporated and registered in England and Wales with company number INSERT COMPANY NUMBER whose registered office is at INSERT ADDRESS (called ‘the Customer’ in this agreement, and also referred to as ‘We’, ‘Us’ and/or ‘Our’).
  2. CONSULTANCY COMPANY’S NAME (a company incorporated and registered in England and Wales with company number INSERT COMPANY NUMBER whose registered office is at INSERT ADDRESS (called ‘the Consultant’ in this agreement and also referred to as ‘You’ or ‘Your’).

Within this agreement, we agree that:

  1. You, the Consultant, provide services such as broadly describe the relevant services, referred to throughout this agreement as the Services (which are defined more fully in Annex 2 below).
  2. We, as your Customer, have agreed to buy and you have agreed to provide the Services on the terms of this agreement.
  3. Name of individual consultant (the Individual) will carry out the Services, subject to any agreed changes of personnel or substitutions for which the terms of this agreement allow.

General points agreed

Start date, end date

You will start to provide us with the Services on date 2018. Our agreement will end on date when the last project agreed between us finishes .

This agreement will take effect on the day that it is signed by both of us.

Consultancy personnel

We both agree that the services will be carried out by the Individual and that any change of personnel you may propose is subject to clause 5 below.

Fee rate

A daily fee rate of £ amount exclusive of VAT is agreed, on the understanding that a day is the equivalent of 8 working hours.

Days that are unworked during the period of our agreement, for whatever reason, will not incur a fee.

You will provide us with invoices on a monthly basis. We agree to pay those invoices by bank transfer within 10 working days of receipt.

Time frame

The Individual will work the days that we both agree , subject to a minimum of number days per week.

Location for services to be provided

Principally at address or as otherwise agreed between us in writing.

Expenses

To the extent that you, the Individual or any Substitute plans to incur expenses, they must be approved in writing and in advance by us. We will reimburse approved expenses within a reasonable time frame, with the aim of doing so within 7 working days.

Notice & notice period

This agreement may be terminated by either of us on specify time period notice. Whichever of us serves the other with that notice, we agree to do so in writing.

We also agree:

The terms agreed here (including the Additional Terms and Conditions at Annex 1 and all other attached Annexes), set out the basis on which these agreed terms will operate.

Definitions and Interpretations

If any word, phrase or explanation used within this agreement is not clear, it will be defined and interpreted according to the definitions and interpretations set out in these Additional Terms and Conditions at Annex 1.

Term

This agreement will start on date and will continue (subject to the provisions of Annex 1, paragraph 4 (Termination)) until date OR the last project agreed between us finishes, without the need for notice, unless terminated earlier by either of us giving the other not less than specify time period, same as that in clause 1.10 notice in writing.

On the Termination Date and, with effect from that date, this agreement will cease to have any effect, except in relation to:

  1. clause 8 (no employment or agency)
  2. clause 9 (indemnities, liabilities and insurance)
  3. clause 11 (confidential information)
  4. clause 12 (intellectual property) and
  5. annex 1 paragraph 2 (assignment and representation).

Neither you (including the Individual and/or any Substitute), nor we will be under any obligation to work with each other after the Termination Date.

The Services

During the term of this agreement, you will provide the Services to us, including such other services that are consistent with the Services, as we may reasonably request. Those services will always be performed to professional standards and be of a high-quality output (as determined by us in our reasonable opinion) and in line with relevant best practice. What constitutes the Services is defined in Annex 2.

The Services will be provided at the location set out in Clause 1.8 above, or as otherwise agreed between you and us from time to time.

You will ensure that when providing us with the Services, you will, and you will procure that the Individual and any Substitute will, use all due care, skill and ability and shall promptly give us all such information and reports as we may reasonably require concerning the provision of the Services.

You will, and you will ensure that the Individual and any Substitute, will, cooperate with our reasonable instructions and agree to comply with our site rules and any relevant policies of ours, (including, without limitation, our policies on anti-bribery, harassment and bullying and health and safety) and any relevant legislation affecting or relating to our business.

You will immediately disclose to us any conflict of interest that arises in relation to the provision of the Services as a result of any present or future engagement, appointment, employment or other interest of yours, the Individual’s or any Substitute’s.

You agree on your own behalf and on behalf of the Individual and any Substitute:

  1. To promote our best interests;
  2. To notify us as soon as possible if the individual or any Substitute is prevented from providing the Services by illness or injury;
  3. Not to engage in any conduct detrimental to our interests, which includes any conduct that may bring us into disrepute or that may or does result in our loss of custom or business or business opportunity; and
  4. To notify us immediately in writing if you become, or are about to become, insolvent, or any order is made or resolution passed for your winding up, or a receiver or administrative receiver is appointed in respect of any of your assets.

The Individual and Substitutes

As at the date of entry into this agreement, the intention is for the Individual to provide the Services. However, you may provide the Services through another person engaged by you (the ‘Substitute’), provided that the Substitute is suitably qualified and has the appropriate skills and experience necessary to perform the Services to the standard required. You agree to inform us of the identity and qualification of any Substitute that you propose to use to provide the Services. We may, in our absolute discretion, decide whether to accept such a Substitute to provide the Services.

You agree to ensure that any agreement between you and the Individual or any Substitute contains obligations that accurately correspond to the obligations that you have under the terms of this agreement. You will procure that the Substitute complies with all of your obligations under this agreement and you will remain responsible for the acts or omissions of any Individual and any Substitute.

You agree to procure that the Individual and any Substitute enters into a direct agreement with us covering confidentiality and our ownership of Works (in a form satisfactory to us) prior to performing any Services.

Fees and invoicing

In consideration of you providing the Services and performing as described in clause 4, we agree to pay you the Fee and any reasonably incurred and advance-approved expenses, together with VAT (if applicable).

The Fee shall accrue during the calendar month in which the Services are provided and is payable following the end of that month, on receipt of the relevant invoice from you, by way of bank transfer.

Payment of the Fee will be made within 10 working days following our receipt of your invoice, which must be submitted specify when, e.g. on the last day of each month during the term of this agreement.

Expenses incurred by the Individual and any Substitute will only be payable if we have approved these expenses in advance and provided that you are able to produce valid receipts or other evidence as we may reasonably require. Payment of approved expenses will be made in line with the procedure described at clause 6.2. It will be limited to the amount of any out-of-pocket expenses properly and responsibly incurred in the provision of the Services under this agreement.

If you are unable to provide the Services for any reason, or the Services are not performed according to the standards described in Clause 4 above, we are under no obligation to pay you the Fee.

You agree to ensure that your invoices are compliant with all legal and regulatory requirements, including in relation to tax and VAT.

If we fail to make any payment due to you under this agreement by the due date for payment, then we will pay you interest on the overdue sum from the due date until payment of the overdue sum, whether before or after any judgment. Interest under this clause will accrue each day at a rate of 4% a year above the Bank of England’s base rate from time to time.

All amounts due under this agreement from us to you shall be paid by in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax that might from time to time be required by law).

Other activities

You and we acknowledge and accept that you, the Individual and any Substitute are entitled to seek, apply for, accept and perform contracts to supply services to any third party during the term of this agreement, provided that this in no way compromises or is to the detriment of the performance of the Services to us.

Nothing in this agreement shall prevent you, the Individual or any Substitute from being engaged, concerned or having any financial interest in any capacity in any other business, trade, profession or occupation, provided that:

  1. Such activity does not cause a breach of any of your obligations under this agreement; and
  2. You shall not, and shall ensure that the Individual and any Substitute shall not, engage in any such activity if it relates to a business that is similar to or in competition with our business, without our prior written consent.

No employment or agency

Nothing contained in this agreement shall be construed or have effect as constituting any relationship of employer and employee between us and you, the Individual or any Substitute.

Neither you, nor the Individual, or any Substitute are under our supervision, direction or control and nor do we have any such rights to create that situation.

Nothing in this agreement shall constitute you, the Individual or any Substitute acting as our agent.

Neither you, nor the Individual or any Substitute will have any right or power to contract on our behalf or to bind us in any way in relation to third parties, unless specifically and exceptionally authorised to do so by us. None of you will hold yourselves out as having any such authority unless specifically and exceptionally authorised to do so by us.

The relationship between you and us is between independent businesses acting at arm’s length. Nothing contained in this agreement shall be construed as constituting or establishing any partnership or joint venture between you and us or between us and the Individual or any Substitute.

Indemnities, liabilities and insurance

This agreement is a contract for the provision of services and not a contract of employment. This means that you are responsible for payment of all National Insurance, income tax and other form of taxation or social security cost in respect of the Individual and any Substitute.

You will indemnify us and keep us indemnified against any liability, loss, damage, cost, claim or expense that we suffer as a result of any claims against us for such sums and other claims arising out of the Individual and/or any Substitute being found to be an employee or worker of ours (including, without limitation, any claims against us for any National Insurance, income tax and other contributions required by law to be paid in respect of any payments made to you under this agreement).

Without prejudice to clauses 9.1 and 9.2 above, if for any reason, we become liable to pay, or shall pay, any such taxes or other payments, we shall be entitled to deduct from any amounts payable by us to you (in return for the Services), all such payments that we have made or are required to pay. To the extent that any amount for which we have paid or must pay exceeds the amount payable by us to you in respect of the Services, you will indemnify us in respect of this liability and will immediately reimburse us for any such excess.

You agree to indemnify us and keep us indemnified against any liability, loss, damage, cost, claim or expense that we may suffer or incur in respect of your performance (or non-performance) of the Services, including in respect of, but not restricted to, any act, neglect or default by you, the Individual or any Substitute or other person authorised by you to act on your behalf.

You will accordingly take out and maintain, at your own cost, a full and comprehensive policy of insurance with a reputable insurance company providing the appropriate levels of coverage to cover your, the Individual’s and any Substitute’s liability in respect of any act or default for which you may become liable to indemnify us under the terms of this agreement, (including, but not limited to third-party employer’s and professional indemnity insurance). You agree to supply us with current certificates of insurance for the period of this agreement, should we request them.

You agree that you will, and that you will ensure the Individual and any Substitute will, back up and hold secure, (including to robustly password protect) at all times, all of the data, work-product and materials to which you or they have access or are working on, in the performance of the Services and the fulfilment of the terms of this agreement.

Equipment

You will provide, at your own cost, all such necessary equipment as is reasonable for the satisfactory performance of the Services subject to any agreement to the contrary regarding any facilities that may be made available by us.

If as a matter of convenience, it is agreed that we will provide the Individual or any Substitute with equipment according to clause 10.1 above, you shall be responsible for ensuring that you preserve the security and condition of such equipment and any and all data contained within it. If and to the extent that any equipment is damaged or lost while in the possession of the Individual or any Substitute, you shall be responsible for the cost of any necessary repairs or replacement.

Confidential Information

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Contract for services: freelance services via a consultancy company

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Website terms and conditions: sale of goods, services & digital content to consumers

Who are we and our contact details

We are YOUR BUSINESS NAME. We’re a company registered in England and Wales with company number INSERT REGISTERED NUMBER whose registered address is at INSERT ADDRESS.

You can get hold of us in any of the following ways:

  1. by telephoning us on TELEPHONE NUMBER;
  2. by emailing us at EMAIL ADDRESS; or
  3. by writing to us at ADDRESS.

In case you need it, our VAT number is VAT NUMBER.

What do these terms do, and why are they important?

Please read these terms and conditions carefully before you place an order with us via the website. They contain important information, including

  1. how we will provide you with the goods, services and/or digital content that you have ordered
  2. our payment terms and delivery times
  3. the situations in which this contract may be amended or cancelled by you or by us (including within a cooling-off period)
  4. what you should do if there is a fault with the goods, services and/or digital content that we have provided to you, and
  5. how we will use your personal details

as well as other matters.

If, in these terms and conditions, we say that either of us may contact the other in ‘writing’, then this means it can be by letter or by email.

We only sell goods, services and/or digital content in the UK.

Separate terms and conditions apply to the use of our website. You can find those terms and conditions here: LINK.

Your personal information

For information about how we collect and use your personal information, please see our general privacy notice, which is available here insert link to online version if available.

Order Process and the Contract between you and us

When you place an order with us, the legal contract between you and us will only come into existence when we tell you that we can provide the goods, services and/or digital content to you which we will usually communicate by email. If we tell you that we cannot provide the goods, services and/or digital content to you for whatever reason, then we will not charge you for them. If we tell you that we are unable to provide the goods, services and/or digital content, and we have already received payment from you, then we will promptly refund you for any goods, services and/or digital content that we cannot provide to you.

About the goods

Any descriptions or images of the goods, and the packaging in which they are provided, which are set out on our website, are for illustration only. While we endeavour to be as accurate and consistent as possible, the goods may be slightly different to those descriptions or images.

Many of our goods are handmade, which means that the size, dimensions or weight of the handmade goods may vary by up to 3% above or below the amounts quoted on our website.

If you place an order for goods that are to be made to measurements that you have given to us, then you must ensure that those measurements are accurate. You are responsible for them.

Changes to goods, services and/or digital content

If you would like to make a change to the goods, services and/or digital content for which you have already placed an order, please contact us as promptly as you canDESCRIBE YOUR PREFERRED MEANS OF BEING CONTACTED. We will always be willing to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, times for delivery, any suspension period whilst any changes are made, or any other consequences or changes arising from your request. If your requested change is possible, we’ll ask you to confirm that you would like to continue with the change, to ensure that we’re both clear on how we need to fulfil your request.

In some circumstances, we may need to make minor changes to the goods, services and/or digital content that you ordered. As these are minor changes and will not affect your use of the goods, services and/or digital content, we will not usually contact you about these. These minor changes are likely to be:

  1. because we need update the goods, services and/or digital content to implement a change in the law, or a regulatory requirement; and/or
  2. because we need to make minor technical changes or enhancements that will not affect your use, handling or enjoyment of the goods, services and/or digital content.

It is possible that exceptionally, we may need to make a more major change to the goods, services and/or digital content. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and section 16.1 (cancellation terms) of these terms and conditions will apply.

The changes that we expect to fall under this section are:

  1. EXPLAIN LIKELY CHANGES.

Digital content updates

From time to time, we may need to update, or we may ask you to update, our digital content. We will ensure that even after this update, the digital content continues to match the description of it that was provided to you during the order process.

Payment details

The price of the goods, services and/or digital content will be the price set out on our website at the time when you place your order. Our prices include VAT at the current rate.

We make all reasonable efforts to ensure that we do not make errors with the prices that we charge you. For example, before we accept your order, we usually try to check the website price against our price list in force at the time of your order. However, if an error has been made and the price in the price list is lower than the website price, then we will charge you the price on the price list (being the lower amount). If an error has been made and the price in the price list is higher than the website price, we will contact you to confirm how you would like to proceed (and if you want to cancel the contract, section 16.1 of these terms and conditions will apply).

Any costs for delivery of the goods, services and/or digital content and any costs for installation of the goods and other costs associated with the goods, services and or/digital content will be the amounts that were set out to you in the order process on our website.

When you need to pay us depends on whether what we provide you with is goods, services or digital content:

  1. For one-off goods, you must pay for them before we deliver them to you;
  2. For subscriptions to goods, you must pay weeklymonthly, in advancein arrears;
  3. For one-off services, you must make a prepayment of NUMBER% of the price£AMOUNT before we begin to supply the services. You must pay the remainder of the price on completion of the services.

    For one-off services, we will invoice you on completion of the services.

    For one-off services, we will invoice you weeklymonthly, in advancein arrears for the services until the services have been completed.

    You must pay theeach invoice within NUMBER days of the date of the invoice;

  4. For ongoing services, we will invoice you weeklymonthly, in advancein arrears for the services. You must pay theeach invoice within NUMBER days of the date of the invoice;
  5. For one-off digital content, you must pay for it before you download or stream it;
  6. For subscriptions to digital content, you must pay weeklymonthly, OR in advancein arrears.

We accept payment by EXPLAIN HOW YOU ACCEPT PAYMENT – FOR EXAMPLE CASH/CREDIT CARD/DEBIT CARD/CHEQUE.

If you do not pay us on time, we may charge you interest at the rate of 2% a year above the base rate of BANK from time to time. The interest will accrue each day from the date that the amount you owe us was due, until the date you make payment of the amount that is overdue. It will accrue whether or not it is before or after any court judgment. You must pay the interest to us when you make payment to us of the amount that is overdue. If you write to us and request it, we will send you a statement of the interest you owe us to date, and the additional amount being added each day.

Delivery and collection of goods and digital content and supply of services

Before you place your order , on our order pages, we will let you know when we will deliver the goods, services and/or digital content to you and when we will install goods.

Delivery and supply times will depend on whether you have ordered goods, services and/digital content and whether these are one-off, ongoing or subscriptions:

  1. For one-off goods, unless we have agreed another date with you, we will deliver and install them within 30 days of the date on which we accepted your order;
  2. For subscriptions to goods, we will provide the goods to you and install them during the times as told to you during the order process until the contract is cancelled by you (see section 16 - your rights to cancel) or by us (see section 17 - our rights to cancel) or until we withdraw the goods (see section 18);
  3. For one-off services, we will begin supplying the services on the date we agreed with you when you placed your order and the approximate date for completion of the services will be the date we advised you when you placed your order;
  4. For ongoing services, we will provide the services to you until the services have been completed or the contract is cancelled by you (see section 16) or by us (see section 17) or until we withdraw the services (see section 18);
  5. For one-off digital content, it will be available for download or streaming by you once your order has been accepted and you have made payment (see section 8 for information about payment) but please note that you will lose your cooling-off period cancellation rights (see section 15) once you begin to download or stream the digital content;
  6. For subscriptions to digital content, we will provide the digital content to you during the times as told to you during the order process until the contract is cancelled by you (see section 16) or by us (see section 17) or until we withdraw the digital content (see section 18).

We will contact you if we are delayed in delivering the goods, services and/or digital content to you or if we are delayed in installing the goods because of circumstances that are not within our control. If we contact you within a reasonable time to let you know about this, then we will not be responsible for any delays due to those circumstances. However, if the delay continues beyond a reasonable amount of time, then you can contact us to cancel the contract and we will provide you with a refund for any goods, services and/or digital content that you have paid for but not yet received.

If we cannot post the goods through your letterbox and/or no one is available to take delivery of them when we try to deliver them to you, then you will receive a note about how to re-arrange delivery and/or how to collect the goods. If you then do not re-arrange delivery of the goods or collect them from the place specified in the note, we will contact you for instructions about what to do next and we may charge you for the storage costs we incur during this period as well as any further delivery costs in respect of a re-arranged delivery.specify preferred alternative If after this, we are still unable to arrange the re-delivery or collection of the goods with you, then we may cancel the contract and the consequences set out in section 17.2 below will apply.

If you told us that you would like to collect the goods, then you can collect them once we have confirmed that they are ready for collection. You can collect them between HOURS on DAYS. If you do not collect the goods from us within a reasonable timeNUMBER days of us letting you know that they are ready for collection, we will contact you about what to do next, and we may charge you for the storage costs we incur during this period. If we are still unable to arrange collection of the goods with you, then we may cancel the contract and the consequences set out in section 17.2 will apply.

Suspension

If something happens that means we must suspend the supply of the goods, services and/or digital content to you, for example:

  1. to make minor technical adjustments or to resolve technical issues;
  2. to update the goods, services and/or digital content to implement a change in law or any relevant regulatory requirement,

then we will contact you to let you know.

We will usually let you know in advance of any suspension unless it is an emergency – in which case, we will let you know as soon as reasonably possible. If we do suspend the supply of goods, services and/or digital content, your payment will be adjusted so that you do not pay for the relevant suspended item during the period of suspension.

If we are going to suspend the supply of a good, service or digital content for more than TIME PERIOD then you may contact us to cancel the contract. We will provide you with a refund for the relevant good, service or digital content for which you have made payment but have not yet received.

Responsibility for and ownership of goods

You will be responsible for goods from the point at which we deliver the goods to you – or, if you have told us that you are collecting the goods, from the point at which you collect the goods from us.

You will only own the goods once we have received full payment for them.

Your obligations

We will inform you in the description of the goods, services and/or digital content on our websiteduring the order process of information that we need from you in order to provide you with the goods, services and/or digital content. We will contact you to request this information.

If you don’t provide us with this required information in a reasonable time, or if information that you give us is not accurate, we may cancel the contract (and the consequences set out in section 17.2 will apply), or we may charge you for the additional costs that we incur as a result.

If you don’t give us required information within a reasonable time, we will not be liable to you if this causes a delay in providing you with the goods, services and/or digital content – or if we do not provide any part of them to you.

So that we can supply the services to youinstall the goods, you will need to allow us access to your property. If you do not allow us access to your property at the time and date arranged with you, we will contact you for instructions about what to do next and we may charge you for the additional costs that we incur as a result of you not allowing us access. If we are still not able to make arrangements with you for access to your property, then we may cancel the contract and the consequences set out in section 17.2 will apply.

If there is a fault with the goods, services and/or digital content

We hope that you are satisfied with the goods, services and/or digital content that we have supplied to you; but if there is a fault with them, then please contact us using the details set out in section 1.

We must provide goods, services and/or digital content to you that meet your consumer rights.

This section 13.3 provides you with a summary of your consumer rights if there is a fault with the goods, services or digital content that we have provided to you. However, this is only a summary of your key rights. If you need more detailed information, you can contact Citizens Advice on www.citizensadvice.org.uk or you can call 03454 04 05 06, or you can contact your local Trading Standards Department.

  1. If we have provided you with goods, the Consumer Rights Act 2015 says that the goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods, you're entitled to the following:

    1. For up to 30 days if your goods are faulty, you can get an immediate refund.
    2. For up to 6 months if your goods can’t be repaired or replaced, you’re entitled to a full refund in most cases.
    3. For up to 6 years, if your goods do not last a reasonable length of time, you may be entitled to some money back.
  2. If we have provided you with services, the Consumer Rights Act 2015 says:

    1. You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill – or get some money back if we can’t fix it.
    2. If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
    3. If you haven’t agreed a time beforehand, the services must be carried out within a reasonable time.
  3. If we have provided you with digital content, the Consumer Rights Act 2015 says that the digital content must be as described, fit for purpose and of satisfactory quality and:

    1. If your digital content is faulty, you’re entitled to a repair or replacement.
    2. If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
    3. If you can show that the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.

If you decide to trigger your consumer rights to reject goods due to a fault with them, then you must either return the goods in person to the place where you bought them, post them back to us, or if the goods are not suitable for postage, allow us to collect the goods from you. We will pay for the costs of return or collection in these circumstances.

Your rights as summarised above are in addition to any cancellation rights that you may have during the cooling-off period, which are explained in section 15.

Our liability if you suffer loss or damage

If we do not comply with any section of these terms and conditions, or we do not use reasonable care and skill in providing the goods, services and/or digital content to you, then we are liable to you for loss and damage that you suffer and that we cause, so long as the loss or damage that is caused is foreseeable. Loss or damage is foreseeable if it is obvious to a reasonable person that it will happen because of us breaking the contract, or if it is obvious that it might happen because of something you told us about when we entered into the contract.

Where we are providing servicesinstalling the goods at your property, we will make good any damage that we cause to your property whilst providing the servicesinstalling the goods.

If we provide you with digital content that is faulty and that damages your device, we will either repair the device or pay compensation to you.

We do not limit or exclude our liability to you, where we are not allowed to do so by law. This means that we do not limit or exclude our liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, for breach of your legal rights in relation to the goods, services and/or digital content (a summary of which is set out in section 13.3) or for providing you with defective items under the Consumer Protection Act 1987.

If we provide any advice to you, including in any instructions or manuals provided to you with the goods, services and/or digital content, then you should follow these carefully. We will not be liable to you for any damage that is caused due to your failure to follow such advice or instructions.

We only provide goods, services and/or digital content for private and domestic use. We do not provide them for business or commercial use. If you do use the goods, services and/or digital content for business or commercial use, we will have no liability to you for loss of profit, loss of business, loss of opportunity or loss of goodwill.

Cooling-off period and your right to cancel the contract during it

Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those other rights are set out in section 16 below. The cancellation rights during the cooling-off period do not apply to any purchases that you have made in our shops.

When you buy goods, services and/or digital content from a website, in most cases you will have the right to cancel the contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within the cooling-off period (explained in section 15.3 below) because you have changed your mind. (This right exists unless one of the circumstances set out in section 15.4 below applies.) If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to provide us with any reason for cancelling.

The length of the cooling-off period during which you can cancel the contract due to a change of mind depends on whether you have ordered goods, services and/or digital content. It is also subject to certain exceptions, which are set out in section 15.4 below. You can calculate the cooling-off period as follows:

  1. For a one-off delivery of goods, you have up to 14 days after the day you receive the goods to cancel the contract;
  2. For goods that are ordered together but are delivered to you separately on different days, you have up to 14 days after the day you receive the last delivery of goods to cancel the contract;
  3. For subscriptions to goods, you have up to 14 days after the day you receive the first delivery of goods under the subscription to cancel the contract;
  4. For a contract that is for goods and services, you have up to 14 days after the day you receive the goods to cancel the contract;
  5. For services, you have up to 14 days after the day we contact you to accept your order to cancel the contract;
  6. For digital content (whether one-off or subscription), you have up to 14 days after the day we contact you to accept your order to cancel the contract, unless you start to downloadstream the digital content before that time (in which case we will ask you to acknowledge before downloadingstreaming that you have lost your cancellation rights).

If any of the following circumstances applies to the goods, services and/or digital content that you have ordered, then the cancellation rights during the cooling-off period do not apply to you and you will not have the right to cancel the contract in respect of those goods, services or digital content because you have changed your mind:

  1. if the goods have been personalised or made to your specification;
  2. if the goods that you have ordered are sealed for health or hygiene reasons and you have broken the seal on them;
  3. if the goods that you have ordered are sealed audio or video recordings, or computer software and you have broken the seal on them;
  4. if you have combined the goods with others goods and they are inseparable;
  5. if the goods are of a kind that will deteriorate rapidly;
  6. if you have started to downloadstream the digital content that you ordered;
  7. if the services have been completed;
  8. if you requested us to carry out urgent maintenance or repairs;
  9. if the services are for accommodation, vehicle rental services, catering services other services related to leisure activities and if the contract for those services is for a specific date.

If you want to cancel the contract because you have changed your mind, then you should let us know before the end of the cooling-off period (as calculated in accordance with section 15.3) in one of the following ways:

  1. contacting us on the details set out in section 1 and include your name, email address, address and order details, providing a clear statement that you want to cancel; or
  2. filling out the form that is available at INSERT LINK and submitting it to us, or print off that form and post it to us – in either case, using the details set out in section 1.

If you have ordered goods, then you must return the goods at your cost to us within 14 days of letting us know that you want to cancel the contract because you have changed your mind. If the goods are TYPES OF GOODS THAT ARE NOT SUITABLE FOR RETURN BY POST then you should contact us promptly to make arrangements for collection, which will be at our costat your cost. Currently our collection charge is £AMOUNT.

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Website terms and conditions: sales of goods, services and digital content to consumers

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