Terms & Conditions

 

Definitions:

'I', 'me', means Sarah Newland (sole-trader) trading under the company name ‘KeyboardSmash’.

 

'Client' means the person(s) / company instructing the work to be completed by KeyboardSmash. By entering into the ‘Contract’ you accept these terms and that you have the authority to enter into this agreement on behalf of yourself / your company.

 

'Contract' is a separate document outlining the project that KeyboardSmash and the Client are working on. It defines the GDPR contractual agreements that both clients agree to and It includes a link to these T&Cs. It does not need to be signed, it is deemed accepted by the client if no questions and amendments are asked before the work starts.

 

‘Proposal’ is a separate document outlining the scope of the work and should be referred back to to determine what is an isn’t included and what is expected from the client for the price.


 

General Terms

  • An initial 20 minute consultation and any reasonable quotations are free and are carried out by email or by phone. Al further communication, once work has commenced is billable on the rate discussed or outlined as part of the Proposal and Contract documents.

  • Work can be accepted from the client by email, post, Dropbox, Google Drive, ICloud, USB drive or by courier. I advise sending any original work securely.

  • All work carried out by KeyboardSmash will be proofread, however final proofreading of the work lies with the client. 

  • Any mistakes notified in 48 hours will be made free of charge. After 48 hours it will be deemed that work has been accepted as free of errors and omissions and any edits after that date, not included in the ‘Contract’, will be charged hourly and billed to the closest 15 minutes.

  • I can accept no liability or loss arising from the performance of any services carried out under the ‘Contract’.

  • I cannot accept liability or responsibility for the end use of any documents or materials produced or edited by KeyboardSmash, on behalf of the client.

  • KeyboardSmash reserves the right to reject any work, including work, which I believe to be unlawful or immoral.

  • Although every effort will be made to ensure reliable service, in event of equipment failure, I cannot be held liable for any loss of information.

  • KeyboardSmash will complete any work contracted within the deadlines agreed in the proposal and contract, if I receive all information and sign-off's within the set deadlines.

  • If the deadlines set by the client are not reasonably met, KeyboardSmash reserves the right to charge and extra fee to mitigate against the reserved time that was not used.

  • My core work hours are flexible and change from week to week but you will be kept informed about work completion dates and deadlines. As a rule of thumb, communication sent after 5:00pm will be responded to the next working day, Monday-Friday.

  • I may wish to use the work that we do together for marketing purposes including on social media, on my website and in case studies. I will always discuss this with you in advance and will not do so without your confirmation.

  • KeyboardSmash may undertake the services of other freelancers to work on the client’s behalf. In line with the requirements under GDPR, the client will be notified if this is to be the case.

  • KeyboardSmash can not be held liable for changes to fee structures and features on third party recommended software. Decisions will be based on the merits of the software at the time of working.

  • KeyboardSmash may receive affiliate payments for suggested software but you will be informed of this in advance. All recommendations will be based on their merit and not swayed by affiliate payments.

Payment Terms

  • Invoices can be settled by bank transfer and details can be found on my invoice.

  • For set fee work, payment terms are outlined on the Contract.

  • Where the client’s requirements change, KeyboardSmash reserves the right to change the original proposal following a suitable consultation with the client.

  • Any additional costs incurred, e.g. postage, stationary, phone bills etc. will be invoiced separately to the client at the end of a project, or at the end of the month, whichever is sooner.

  • Overdue invoices will result in interest charges (at the rate of 8% + Bank of England base rate) for the total outstanding per month.

  • Once an invoice becomes overdue, no further work will be undertaken until all overdue invoices are paid.

  • In the event of a ‘Contract’ being cancelled/terminated, the client agrees to pay for all work completed up to that point.

  • A £200 per day standing charge will be applied where the client delays commencement of work beyond the agreed start date and where I have allocated time.

  • Charges may be reviewed from time to time and any changes will be notified in writing.

 

Specific product T&C’s

 

Full Customer Journey Implementation

By agreeing to the ‘Contract’ you agree to the following T&C’s:

 

  • To provide KeyboardSmash with everything that I need and ask for to complete the work.

  • That you'll stick to our agreed deadlines and feedback calls to ensure that the project can be completed on time.

  • That you'll stick to the agreed payment schedule.

  • Once you approve the work, it is considered final. I am happy to provide additional revisions, but they will be quoted and billed separately.

  • If you should need to cancel the work once it has started, that is not a problem, but you will be billed for any work completed until that point based on hours spent.

  • If I should have to cancel the work started due to unforeseen circumstances on my behalf, I will give you all work completed until that point and refund any payments made for the incomplete work.

  • Payment price does not include any monthly ongoing fee for software recommended and implemented.


 

Process Audit

By agreeing to the ‘Contract’ you agree to the following T&C’s:

 

  • The total cost includes a visit to a location of your choice within 30 minutes’ drive from KeyboardSmash headquarters (BS49 4QU), if you have opted for a face2face meeting.

  • Any travelling time on top of 30 minutes will be agreed upon in advance and will be billed on an hourly rate in 15 minute increments.

  • KeyboardSmash will expect full disclosure on software, system and ways of working so the customer gets complete benefit from the advice on offer.

  • KeyboardSmash will follow up the session with any relevant notes/videos and a customer journey map, where agreed.

  • Any additional advice and help with implementation will be proposed for and charged separately on agreement from the client.

 

Power Hour

By agreeing to the ‘Contract’ you agree to the following T&C’s:

  • Payments for a Power Hour are due in advance.

  • Any additional time agreed on the call will be charged on the hourly rate outlined on the Contract.

  • If the client would like the session recorded, this should be advised in advance and KeyboardSmash will follow up with the recording within 48 hours.

 

Privacy Policy

  • I always guarantee the highest level of confidentiality. I do not pass or sell client information on to 3rd parties, unless the client requests me to do so.

  • I only hold client information that is required for me to complete the work I am paid to do and to invoice the client for that work. I am not interested in holding any unnecessary personal information.

  • The only information that I store is in direct relation to a client with whom I have entered into a work contract with.

  • Like most websites, I use cookies to enable me to use Google Analytics. This is to continuously improve my service and to ensure that the information that I share on my website is relevant for my potential clients.

  • If you do not want your information to be shared through cookies, you can disable them in your browser.

  • If required, I am happy to sign a confidentiality agreement or non-disclosure agreement.

  • All work will be kept up to a period of 12 months. After this time, work will be permanently deleted from all backups, unless otherwise instructed. I will be in touch with you before deletion to confirm this with you.

  • All privacy provisions will continue after completion of any work contract.

 

GDPR statement

 

  • All client work is held securely in the GoogleDrive, whose servers are based in the U.S and Europe. GoogleDrive complies with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks.

  • My website is hosted on Wix.com, they are compliant with GDPR. They participate in and have certified their compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework.

  • You have the right to know what information I hold on you and the right to amend it. Please send me an email request and I will send a breakdown of any information I have about you.

  • You also have the right to be forgotten, please get in touch if this is the case and I will take the appropriate actions.

  • Further information about your rights as a data subject can be obtained from the Information Commissioners Office on 0303 123 1113 or via their website.

  • I am registered with ICO as a Data Protection Officer. My certification number is ZA428685. My certificate can be viewed below.  

These terms are not intended to intimidate or concern. Most client work goes without a hitch but these terms and the associated contract are to ensure that when things do go wrong, both parties know how to deal with it. Please always ask if you have a question about anything in these terms or the contract.

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© 2020 KeyboardSmash. All rights reserved | Sarah Newland trading as KeyboardSmash | Designed by Sarah Newland | Photography by Kirsty NorthoverT&C's and Privacy Policy.

Email: sarah@keyboardsmash.net

Phone: 07809766241

Location: Bristol / North Somerset