General Terms & Conditions

1. General

1.1 The terms and conditions of trade of Guthrie and Craig (Digital Services) Limited (hereafter called the ‘Company’) covering the supply of digital solutions (including Mobile Applications) are contained herein.
1.2 Orders to the Company for the supply of digital solutions are only accepted subject to these terms and conditions. If any document placing an order on the Company includes or refers to other terms and conditions of contract, then these shall not apply unless agreed to in writing by a Director of the Company.
1.3 No addition to or variation of these conditions will bind the Company unless it is specifically agreed in writing and signed by a Director of the Company.
1.4 These terms and conditions will form the basis of all contracts with the Company, unless otherwise specified by the Company and only under a signed written agreement.
1.5 In placing an order with the Company, the client is deemed to have accepted the terms and conditions as contained herein.
1.6 These terms and conditions are correct at the date of the Client Order and the Company reserves the right to vary them without notice. An updated copy will be supplied to the client if applicable or on request.
1.7 These terms and conditions are applicable to contracts formed with clients and / or individuals engaging the Company in the provision of digital solutions. These terms and conditions do not cover any contract, relationship, or engagement with any person, freelance or entity employed by the Company or engaged to perform digital solutions on behalf of the Company.
1.8 Where a third-party software platform is used to create the digital solution(s), then the terms of service / terms and conditions of the third-party Company also form part of this agreement.
1.9 No claim can be made against the Company for any issue that may arise from the third party software.


2. Contract Formation and Right to Cancel

2.1 The Contract Start Date shall be defined as either the day on which the Company accepts payment for consultancy services or when it receives an official order to supply consultancy services from the client. Whichever date is the earliest shall be defined as the Contract start date.
2.2 Subject to there being a legacy contractual agreement which might include a consumer’s “right to cancel” under the Consumer Protection (Distant Selling) Regulations 2000, cancelled or postponed Contracts may still incur a cancellation fee (see 7.2)
2.3. If the Consumer Protection (Distant Selling) Regulations 2000 apply to a legacy contract, clients have the right to cancel this contract without any liability within 14 days of the Contract start date, if Services have not commenced and are not due to commence within this period.
2.4 All complaints and claims relating to Contracts with the Company must be received in writing to and within 14 days of the Contract start date. The Company will respond to all complaints within 30 days of their receipt.


3. Digital Solutions

3.1 Upon receipt of an enquiry, the Company will decide (following review) which software is best suited to meet the Clients requirements.
3.2 This will be presented into a formal Proposal (sent via email) for the Client to consider. It will include a link to the third-party Software Providers Terms of Service / Terms and conditions.
3.3 Once the Client has reviewed the Proposal, they are to either sign to confirm acceptance, or write to the Company confirming acceptance.
3.4 No claim can be made against the Company for any issue that may arise from the third party software.
3.5 The Client must provide the Company with all relevant information that relates to the digital solution project, to allow for the Company to develop the digital solution to meet the Clients requirement.
3.6 Majority of work is undertaken remotely, however where digital solutions are provided directly at a client’s premises or location, the Client must ensure that the nominated Consultant(s) are provided with a suitable workspace and safe working environment to carry out their work. The Client is also to ensure that suitable welfare and emergency provision is available on site.
3.7 The Client agrees to provide full co-operation with the nominated Consultant throughout the project / contract.
3.8 The Company will develop the digital solution on the chosen 3rd party software.
3.9 The Company will keep the Client informed of progress as work is completed.
3.10 The Company will undertake internal testing on each form / module developed, prior to handover to the Client.
3.11 The Client is required to carry out sufficient testing of each form / module before the system is made available to their employees / personnel
3.12 The Client is to inform the Company at the earliest opportunity should they notice something that is incorrect or not working as it should.
3.13 The Company will respond to Client requests in a timely manner.
3.14 Should there be a critical issue with the digital solution, the Company will notify the 3rd party software provider at the earliest opportunity.
3.15 Although the Company will respond in an efficient timely manner, the response time of the 3rd Party Software provider will be in accordance with their terms & conditions / terms of service. The Company are not liable in any way in regards to these response times.
3.16 The Client must not either directly or indirectly make any approach to any of Guthrie & Craig Employees / Consultants to offer them employment or separate sub-contract work, during any agreed project work and duration of any retained services (and for a period of 12 months after final date of any work). Should any approach be made to any of Guthrie & Craig Consultants then a fee equivalent to 6 months’ salary of the Consultant will be invoiced to the Client and payment will need to be made within 14 days from the date of the invoice.


4. Prices

4.1 Unless otherwise stated, all prices are exclusive of VAT. VAT will be charged at the rate current at the time of due payment.
4.2 The prices quoted will remain valid for a period of 30 days. After 30 days, prices may vary due to demand and availability and the Company reserves the right to adjust prices at any time and without notice.


5. Payment Terms

5.1 Unless otherwise agreed, payment will be made by the Client to the Company within 30 days from the date of the Invoice. Invoices will be raised throughout the project / contract and following completion of a Consultancy Day or in line with agreed Proposal.


6. GDPR and Privacy of Data

6.1 We will store and process your data in a manner consistent with industry security standards and follow regulations defined by the European General Data Protection Regulations (“GDPR”).

6.2 We have implemented appropriate technical, organisational and system measures to ensure the security and confidentiality of the data you provide to us.


7. Applicable Law

7.1 No waiver by us or any breach of the Contract by you shall be considered as a waiver or any subsequent breach of the same or any other provision.
7.2 If any provision of these Terms is held by any competent Authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby.
7.3 Any dispute arising under or in connection with these Terms shall be subject to the Jurisdiction of the English Courts.
The Contract shall be governed by the laws of England.
7.4 These Terms do not affect any consumer rights contained in the Unfair Contract Terms Act 1977 or any statutory modification of them.


8. Force Majeure

8.1 The Company shall not be liable to the Client or be deemed to be in breach of Contract by means of any delay in performing or failure to perform any of the Company’s obligations in respect of the Services if the delay or failure was due to any cause beyond the Company’s reasonable control.