Terms and Conditions
These are the terms and conditions on which all projects and collaborations are based on. You will receive a copy of these when I send you a quote, so you’ll always be able to refer back to them.
These are the terms and conditions of Lisa Gust (“me” or “I”) when providing services to “you“, the client. These terms and conditions were last updated in March 2023.
The quote for my services, together with these terms and conditions, forms a legally binding contract between you and me. By instructing me to provide the services, based on my quote to you, you agree to these terms and conditions.
If you need to contact me at any time, please do so by email to lisa@lisagust.co.uk or by telephone on +44 (0) 7481 022213.
The Services
I will provide you with the services as detailed in my quote. I will provide the services with reasonable care and in accordance with best industry practice.
Where I provide deadlines to you, I will use best endeavours to meet those deadlines. However, where I am delayed in providing the services to you because of something you have done (including by you not providing me with the information that I require on time), I will not be liable for that.
I am free to provide the services from my own premises. If you require my presence at your workplace, we need to make separate arrangements.
The contract comes into force on the date you sign the quote or instruct me otherwise to provide the services. For fixed-term project work, our contract automatically ends when the project or services have been completed. Such work cannot be terminated early; the services will be provided until the project is completed. If you do need to terminate a fixed-term project early, I reserve the right to charge an early termination fee.
If the services are provided on an ongoing basis, either you or I may terminate this contract by giving the other party 30 days’ written notice.
For notices, I will use the most recent contact email address you have provided to me, and you can use the email address provided at the start of these terms and conditions.
Payment
The specific terms for payment of services are detailed in the quote.
Payment is due within 10 working days of the date of the invoice. If you fail to pay on time, I reserve the right to suspend the services, and also to charge interest at a rate of 5% per annum above the Bank of England base rate, from time to time, accruing daily.
If you require additional services than those described in the quote, I will provide you with a separate quote.
If I incur expenses on your behalf, or if I am required to travel to provide the services, I will ensure that you have pre-approved these, and these will be included in my invoice to you.
If you require work to be undertaken during weekends, on a quick turnaround basis or under an NDA, I reserve the right to charge an additional fee for this.
If no feedback is provided after 10 working days of submitting the first draft, I assume you are happy with the work and I will send the final invoice, which is then due within 10 working days of the date of the invoice.
Confidential Information
When carrying out the services for you, I may have access to your confidential information. I agree not to disclose to anyone any confidential information about your business unless:
the work makes it necessary for me to disclose it so they can help me provide the services to you;
you approve the disclosure;
the law requires it to be disclosed; or
the information is already public.
This survives termination of the contract.
Intellectual Property
I provide the services to you on a ‘work for hire’ basis. The copyright of any of my work stays with me until you have made the full and final payment. After that, you are the owner of the deliverables; however, this does not impact my underlying methodologies, processes, documentation, or material that I have used before this contract or that I use with other clients.
I also retain a worldwide, royalty-free licence to use the deliverables for commercial purposes.
Data Protection
I will comply with the UK Data Protection Act 2018 at all times when providing the services to you.
Status
The relationship between you and me is that of an independent contractor. I am not your employee, worker, agent or partner, and I will not give the impression that I am.
This contract does not create any obligation on you to provide me with work, and I am not obliged to accept work you give to me.
I am responsible for all my own tax, including income tax and national insurance contributions.
Liability
My liability under this contract, and anything in relation to this contract, is limited to the fees you pay for the services.
I am not liable for any indirect, consequential or special loss that may arise out of this contract. For the avoidance of doubt, this means I am not liable for any loss of profit, loss of business or any other consequences that may arise out of the deliverables I produce for you, provided I have not breached this contract.
This does not limit or exclude my liability for personal injury or death caused by my negligence.
General
No parties other than you and I have any rights under this contract.
If any provision of these terms and conditions is or becomes illegal, invalid, or unenforceable in any jurisdiction, this shall not affect the validity or enforceability of the rest of these terms and conditions, which shall remain in full force and effect.
You must not assign your rights under this contract to any third party, without my consent.
This contract, and any non-contractual obligations arising hereunder, is governed by the laws of England and Wales, and the courts of England have exclusive jurisdiction to deal with any dispute arising hereunder.