Terms & Conditions

The Client shall be deemed to have accepted these Terms & Conditions when they accept a quotation from the Service Provider (Nat's Notes) for Services or from the date of any performance of such Services, whichever occurs earlier. These Terms & Conditions and the quotation (the Contract) form the entire agreement between Nat's Notes and the Client.

The Client acknowledges they have not relied on any statement, promise or representation made or given by or on behalf of Nat's Notes. These Terms & Conditions apply to the Contract to the exclusion of any other terms that the Client may try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

INTERPRETATION

"Client" refers to any person, company, firm or corporate body together with any subsidiary or holding company and any associated company who receives Services from Nat's Notes or who approaches Nat's Notes with the intention of receiving Services.

"Assignment" refers to any single booking for Electronic or Specialist Notetaking Services agreed between Nat's Notes and the Client under contract.

"Services" refers to the Electronic or Specialist Notetaking (or any other services) provided by Nat's Notes.

"Charge" refers to the daily or hourly rate charged to the Client by Nat's Notes.

1. OBLIGATIONS OF THE CLIENT

1.1 The Client will take all reasonable steps to provide full details about the Assignment and the nature of the support required at the time of booking. This will include, but is not limited to:

The date, duration and location of the Assignment, including building access information if necessary;
The nature of the Assignment, including whether any Confidential or Sensitive Information is likely to be discussed;
The name and contact details of the individual receiving support (if different to the Client);
Any pertinent health and safety information; and,
Any other pertinent or relevant information that the Electronic Notetaker needs to complete the Assignment.

1.2 The Client will ensure that the Electronic Notetaker's work area is appropriately equipped with the following:

Access to two sockets;
A height adjustable chair;
A table; and,
A direct view of the speaker/s which ensures a reasonable level of audibility of what is being said.

1.3 For the duration of the Assignment, the Client will be responsible for the health and safety of the Electronic Notetaker.

1.4 The Client will maintain public liability cover for the Electronic Notetaker for the duration of the Assignment.

1.5 The Client agrees to ensure that all equipment belonging to the Electronic Notetaker is returned upon completion of the Assignment. The Client shall be liable for payment of compensation for in lieu of recovery of any missing equipment belonging to the Electronic Notetaker.

1.6 Nat's Notes shall not be liable for any delay to, or failure to complete, the Assignment due to the Client's failure to comply with the provisions of this section.

2. CANCELLATION & AMENDMENT POLICY

2.1 A booking for an Assignment may be cancelled or amended at any time. If a cancellation request is made within 5 (five) working days of the Assignment date, a full refund will be provided. If the cancellation is made within less than 5 (five) working days of the Assignment date, 100% of the Assignment Charge will be due. The Client will be invoiced for any amendments that incur additional costs.

2.2 Cancellation requests must be made in writing via email (nats_notes@hotmail.com). An Assignment will be deemed to be cancelled once the Client receives an email confirming cancellation.

2.3 Nat's Notes reserves the right to cancel an Assignment at any time. A full refund will be provided to the Client in respect of any monies paid for the cancelled Assignment if the cancellation is made by Nat's Notes before the Assignment is commenced. If Nat's Notes cancels an Assignment due to a material breach of these Terms by the Client, it will be at Nat's Notes sole discretion whether to refund any monies already paid by the Client.

3. CHARGES AND PAYMENT TERMS

3.1 The Assignment Charge is £35 per hour, inclusive of VAT and other taxes. A minimum booking duration of 2-hours is required for Assignments within Birmingham and the Black Country. A minimum booking duration of 3-hours is required for Assignments outside of Birmingham and the Black Country.

3.2 Nat's Notes will be reimbursed for reasonable and necessary expenses incurred in connection with the completion of an Assignment. This may include, but is not limited to, reasonable travel expenses. Such expenses will be pre-approved with the Client.

3.3 The Client must pay all invoices no later than 14 days after the date of issue.

3.4 If the Client fails to pay invoices in accordance with the requirements of 3.2, Nat's Notes shall be entitled to:

Charge interest, accruing daily, from the final date the payment is due until the date payment is received at a rate of 8% above the Bank of England base rate;
Withdraw from any pre-arranged future Assignments without notice; and/or
Pursue non-payment through the courts.

3.5 Payment must be made in Pounds Sterling.

4. CONFIDENTIALITY

4.1 All work undertaken by Nat's Notes will be for the sole and confidential use of the Client and must not be reproduced or relied upon by third parties without the express written permission of Nat's Notes.

4.2 Nat's Notes agrees not to disclose, divulge, reveal, use or report any confidential information obtained in the course of contracting with the Client and completing the Assignment, unless authorised by the Client or required by law. This obligation will survive beyond the completion of the Assignment.

5. LIABILITY

5.1 Nat's Notes' liability under these Terms & Conditions, and in breach of statutory duty, shall be limited as set out in this section.

5.2 The total amount of Nat's Notes' liability is limited to the total amount of Charges payable by the Client for the Assignment.

5.3 Nat's Notes is not liable in connection with the provision of any Services or the performance of any other obligations under these Terms & Conditions for:

Any indirect, special or consequential loss, damage, costs or expenses;
Any loss of profits, loss of anticipated profits, loss of business, loss of data, loss of reputation or goodwill, business interruption, poor performance or third party claims;
Any failure to perform any of our obligations if such delay or failure is due to causes beyond our reasonable control;
Any losses caused directly or indirectly by any failure or breach by the Client in relation to their Obligations; and,
Any losses arising directly or indirectly from the Client's choice of Services, their suitability for the Client's requirements, or the Client's use of the Services or any information supplied in connection with the Services.

5.4 Th Client must indemnify Nat's Notes against all damages, costs, claims and expenses suffered by Nat's Notes arising from any loss or damage to any equipment caused by the Client or the Client's agents or employees.

5.5 Nothing within these Terms & Conditions shall limit or exclude the liability of Nat's Notes for death or personal injury caused by our negligence or for any other matters for which it would be unlawful to exclude or limit liability.

6. DATA PROTECTION

6.1 When supplying Services to the Client, Nat's Notes may gain access to and/or acquire the ability to transfer, store or process personal data. Where such processing of personal data takes place, the Client shall be considered the 'Data Controller' and Nat's Notes shall be the 'Data Processor' for the purposes of the General Data Protection Regulation (GDPR) as may be amended, extended and/or reenacted.

6.2 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.

6.3 Nat's Notes shall only Process Personal Data to the extent reasonably required to enable it to Services requested by and agreed to with the Client. Nat's Notes shall not retain any Personal Data for longer than necessary and shall refrain from Processing any Personal Data for its own or any Third Party's purposes.

6.4 Nat's Notes shall not disclose Personal Data to any third parties except to the extent required by any applicable legislation.

6.5 Nat's Notes shall maintain and implement technical security measures as required to protect the Personal Data of the Client.

6.6 Enquiries or complaints about data protection should be directed to Natalie Harney via nats_notes@hotmail.com.

7. CIRCUMSTANCES BEYOND OUR CONTROL

7.1 Neither Nat's Notes nor the Client is liable for any failure or delay in performing the obligations under these Terms & Conditions where such failure or delay is due to circumstances beyond our reasonable control. Such causes may include, but are not limited to: industrial action; civil unrest; fire; flood; storms; earthquakes; acts of terrorism; acts of war; government action; or, any other event beyond the control of the part in question.

8. NO WAIVER

8.1 No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other right or remedy, nor stop further exercise of any other right or remedy.

9. SEVERENCE

9.1 If one or more of these Terms & Conditions is found to be unlawful, invalid or otherwise unenforceable, that/those provisions will be deemed severed for the remainder of these Terms & Conditions, the remainder of which will remain valid and enforceable.

10. LAW & JURISDICTION

10.1 These Terms & Conditions shall be governed by and interpreted according to the law of England & Wales. Any disputes arising from these Terms & Conditions (including non-contractual disputes and claims) shall be subject to the exclusive jurisdiction of the courts of England & Wales.