1. DEFINITIONS
In these terms, the following definitions apply:
- Client: means the person or company placing a request for services from AFJ Associates Ltd
- Company: means AFJ Associates Ltd (registered company no 10839009)
- Contract: means the agreement entered into by the company and the client to complete their request.
- Assignment: means the request given to the company for completion by the Client.
THE CONTRACT
- These terms constitute the entire agreement between the parties and unless otherwise agreed in writing by a Director of the company, these terms prevail over any other terms of business or purchase conditions (or similar) put forward by the Client.
- No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between a Director of the company and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
CONFIDENTIALITY AND DATA PROTECTION
Data Protection:
- All personal data that the Company may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPRâ€) and the Client’s rights under the GDPR
- For complete details of the Company’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Client’s rights and how to exercise them, and personal data sharing (where applicable), please refer to our Company’s Privacy Notice available at www.afjassociates.com.
Data Processing
- In these Terms of Business, “personal dataâ€, “data subjectâ€, “data controllerâ€, “data processorâ€, and “personal data breach†shall have the meaning defined in Article 4, EU Regulation 2016/679 General Data Protection Regulation (“GDPRâ€)
- All personal data to be processed by the Company on behalf of the Client, subject to these Terms and Conditions shall be processed in accordance with the terms of a Data Processing Agreement into which the Parties shall enter before any personal data is processed.
- Information relating to the company’s business which is capable of being confidential must be kept confidential and not divulged to any third party, except information which is in the public domain.
LIABILITY
- No liability is accepted by the Company for any loss, expense, damages or delay arising from the Client failing to check documentation prior to use.
- It is the responsibility of the Client to proof read all documentation completed by the company and request the correction of any errors within 36 hours of receipt of the document. At the expiry of the 36 hours it shall be deemed that the assignment was completed accurately and the company will not be liable for any loss arising from errors or omissions highlighted after such time.
- Correction of errors or omissions highlighted after the 36-hour proofing period has expired will be charged at our hourly rate.
- Assignment requests that are subsequently cancelled by the client after commencement by the company, will be charged at the rate quoted, any additional costs incurred will also be invoiced.
SUBMITTING REQUESTS
- All assignment requests must be submitted to the central email address.Â
- The company will provide a detailed estimate of cost and expected date of completion for all requests within a reasonable time frame of the request being submitted.
- Work will not commence until all information requested by the company from the client in the quote is received.
- The company reserve the right to alter the charge rate quoted should the client amend the original request after work has commenced.
- Tasks that require a same day turnaround will be undertaken at an additional rate of 30% above the standard hourly rate. The completion time required will be advised at time of receiving the request and work will not commence until agreement of the additional charges has been received from the client.
- The company's standard hours of business are 9:00am to 5:00pm Monday to Friday, excluding bank holidays, any assignment that the client requires completing outside of business hours will be charged individually.
- All work will be completed using Microsoft Office applications.
PAYMENT
- Payment is due within 7 days of receipt of invoice, via Bank transfer or BACs.
- The company reserves the right, without incurring liability, to suspend services or cancel incomplete assignments should the client default on payment, file for bankruptcy, enter into voluntary or compulsory liquidation, have an administrator appointed over all or part of its assets. The client will be liable for all charges incurred by the company chasing outstanding payment.
- Pre-paid hourly packages will require payment on a direct debit basis.
- Pre-paid hours for packages under 10 hours are non-refundable and must be used in the relevant month.
- Pre-paid packages of 10 hours or more can carry over a maximum of two hours for one calendar month, after which they will expire.
- Should an assignment exceed the number of pre-paid hours available, additional hours will be charged at the standard daily rate to the half hour.
- Additional fees for postage, couriers or printing will be invoiced separately.
- A deposit of 50% will be required for assignments that are requested on a pay as you go basis.
- VAT is currently not charged on invoices.
- The company reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on invoiced amounts unpaid by the due date at the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.
- The company will review their charges annually on the 31st March, Clients will be notified in writing of changes. No deviation from the standard charges will be agreed without the consent of an AFJ Associates Ltd Director.
ACT OF GOD
- The company shall not be liable for any delay in delivering an assignment to a client due to an act of god, natural disaster, fire, flood, explosion, earthquake, accident, riot, strike or any other cause of event beyond reasonable control of the company, whether or not foreseeable.
GOVERNING LAW AND JURISDICTION
- These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.