Privacy Policy & Terms

It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.

1. DEFINITIONS.

(a) For the purpose of this agreement “Clemily Consulting” and “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the Consultancy Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “Clemily Consulting “and “the Client” shall be interpreted as references to the Consultancy Client.

(b) All contracts verbal or written are only accepted on the basis that the Terms of Contract of the Consultant are the only ones applicable. Payment of the non-refundable booking fee will count as acceptance of this Contract.

(c) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Consultant.

(d) Where time is of the essence Clemily Consulting entirely at their own discretion may accept an instruction given orally, in this event the Consultant shall accept no liability for any error in executing the order.

(e) Unless the Consultant is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so.

(f) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.

2. USE.

(a) The License to Use comes into effect from the date of payment of the relevant invoice(s).

(b) Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency and/or Client is put into receivership or liquidation. Permission for use may also be revoked if the Client does not adhere to the copyright clauses.

(c) On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.

3. EXCLUSIVITY.

Unless agreed to in writing on the License to Use and the Invoice no exclusivity is given or implied to Clemily Consulting Ltd and/or The Client.

4. CLIENT CONFIDENTIALITY.

Clemily Consulting Ltd will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the campaign, save as may be reasonably necessary to enable the Consultant to carry out his/her obligations in relation to the commission.

5. INDEMNITY. 

Clemily Consulting Ltd will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Consultant, their employeesor agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.

6. CONDUCT & SAFETY

Clemily Consulting will not tolerate verbal or physically abusive behaviour under any circumstances.

7. PAYMENT.

(a) Payment by the Client will be the non-refundable deposit fee which secures the working time and date of the consultancy. The non-refundable deposit fee is a flat fee of £200 and will be taken off the final invoice. If the consultancy is postponed within 5 working days of the agreed date, the non-refundable booking fee will be invoiced for a second time for the new date. The second (third, fourth, an on) non-refundable deposit fee will not be taken off the balance payment. At short notice it is very unlikely that the date can be re-scheduled and Clemily Consulting’s time must be covered. By paying the non-refundable booking fee you are agreeing to these terms and conditions.

(b) Thereafter, further charges may be made for any additional statement, letter (whether as an email, etc) issued for the recovery of the outstanding debt of not less than £20.00 each and all other costs for the recovery of debts including bank charges.

(c) A further charge of 5% over the Santander Bank rate from time to time is added to the invoice on the first day following that when settlement should have been made. Late Payment Of Commercial Debts (Interest) Act 1998 will be enforced.

(d) Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract.

(e) All payments must be by online transfer or by card payment for which a receipt will be provided.

(f) Payments more than one month late from the payment due date will be processed without exception in the first instance through the Small Claims Court process.

8. EXPENSES & TRAVEL

(a) Where extra expenses or times are incurred by Clemily Consulting as a result ofalterations to the original brief by the Client, or otherwise. The Client shall give approval to and be liable to meet such extra expenses or fees, in addition to the fees and expenses shown on the estimate/quotation as having been agreed or estimated.

(b) Prices are based on travel within a 20 mile radius or 30 minute drive of GL51. Travel and time over this distance and time allocation will incur additional costs and be billed at 45p per mile. This will be added to the balance payment and will need to be paid in advance of the consultancy.

9. CANCELLATION & POSTPONEMENT.

A booking is considered firm as from the date of confirmation and accordingly Clemily Consulting will, at Company discretion; charge a fee of cancellation or postponement of 50% if more than 10 working days from the date of the consultancy meeting. If Client cancellation occurs within 10 working days 100% of the fee is to be paid. All cancellations must be in writing.

10. COMPLAINTS & APPLICABLE LAW.

(a) In the unlikely event of a complaint, this should first be raised by the Client with Clemily Consulting Ltd in writing within 5 working days from the date of receipt of the product.

(b) The contractual relationship between Clemily Consulting Ltd and the Client shall be governed by the laws of England & Wales.

(c) By agreeing to work with Clemily Consulting Ltd you accept these Terms & Conditions.

11. VARIATION & UPDATES.

(a) These Terms and Conditions shall not be varied except by agreement in writing.

(b) There will be occasions such as but not limited to the events such as the Covid-19 pandemic where changes may need to be made to these Terms & Conditions of Contract. Please check the website for updates. You will also be advised of updates by email.