Terms & Conditions for Virtual Support Days
1. Terms of Work
Of Moon and Stars will work to appropriate deadlines set out by the client but the client cannot dictate when work is carried out. The client requires Of Moon and Stars to provide the services agreed with reasonable skill, care and diligence and in accordance with all reasonable instructions. Any changes to deadlines or services will need to be agreed in writing by both Of Moon and Stars and the client.
Of Moon and Stars is a virtual company and will carry out all work remotely. Work will not take place at the clients business address unless previously agreed in writing. If Of Moon and Stars are required to travel to a location specified by the client, the client will be responsible for travel expenses unless prior agreements have been made in writing.
3. Schedule of Fees
For all one off projects, 100% of the payment will be required up front on booking. If any additional fees are necessary (this will be discussed with the client beforehand) the balance will be invoiced on completion. The client will have 30 days from receipt of invoice to make payment for the balance of any work completed. In the event that payment is not received by the due date stated on the invoice, a late fee will be implemented. This late fee is automatically added to invoices and will increase for each day that the invoice is late being paid up to 10% of the invoice total.
4. Termination of Contract
If either the client or Of Moon and Stars wish to terminate the contract, the other party must be notified in writing. Of Moon and Stars are entitled to terminate the contract with no notice period if they feel that the client is not abiding to the terms set out in this agreement. In any other circumstances, both Of Moon and Stars and the client must give 1 months notice of termination of the contract. For one off projects, the work can be transferred to a different date with written agreement from both parties however if a client chooses to cancel the project, no refund will be made.
5. Policies
The client must always act respectfully towards Of Moon and Stars, there will be a zero tolerance policy towards any threatening or abusive behaviour or language.
As a part of our work, Of Moon and Stars may require access to confidential and sensitive information. We will always treat this as such and all information will be stored on a password protected google drive document which both Of Moon and Stars and the client have access to. No confidential information will be shared with anyone outside of Of Moon and Stars without prior agreement, in writing, from the client. This will continue to apply after the termination date. Information would only ever be shared without consent in the interest of public safety where Of Moon and Stars believes there to be a safeguarding concern or a crime has been, or is suspected to be, committed. In these instances, Of Moon and Stars is entitled to disclose information to Social Services, the Police or other organisations that they see fit without prior consent of the client.
Both Of Moon and Stars and the client will be compliant with all data protection and GDPR laws. Of Moon and Stars may process personal data on behalf of the client. We acknowledge that we shall only process personal data as is necessary for the provision of the services agreed and shall act only in accordance with the written instructions from the employer.
The client should notify Of Moon and Stars promptly if any individual exercises their rights under the Data Protection Legislation, including but not limited to their rights of access, rectification, erasure and objection, and shall provide Of Moon and Stars with full cooperation and assistance.
Of Moon and Stars shall implement appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing and accidental loss, destruction or damage.
Of Moon and Stars shall notify the client without undue delay, and in any event within 24 hours, upon becoming aware of any personal data breach affecting data controlled or processed by either Of Moon and Stars or the client.
Of Moon and Stars shall not engage any third party to process personal data related to the services agreed without the prior written consent of the client. Where approved by the client, Of Moon and Stars shall ensure any third party is subject to equivalent legal obligations as set out in this agreement.
6. Terms of Agreement
This agreement shall be governed by and construed in accordance with the law of England and Wales over any claim or matter arising under or in connection with this agreement.
No Variation of this agreement shall be effective unless it is in writing and signed by both parties.
A person who is not party to this agreement shall not have any rights under the contracts (rights of third parties) act, 1999 to enforce and term of this agreement.
If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.