Craft & Scale Ltd. Terms Of Business
Last Updated: 9th September 2024
The purchase of products or services from Craft & Scale Ltd, or the written acceptance of a Craft & Scale Ltd quotation, is deemed to include acceptance of these terms of business.
A proposal’s costing is valid for 60 days from the date of issue. If at any time the Client requests that any aspect of the project be changed, Craft & Scale Ltd reserves the right to re-quote both costs and timing. If, after commissioning a project, the Client is responsible directly or indirectly for any rearrangement, curtailment or cancellation, the Client shall be liable for all costs incurred.
All quotations are, where applicable, exclusive of Value Added Tax.
For non-retainer projects, the Client will be invoiced as follows (unless specifically agreed):
50% upon commissioning
25% midway point
25% upon completion
Services agreed by retainer will be invoiced to the client monthly (unless specifically agreed). The Client agrees to minimal monthly services from Craft & Scale Ltd. Where the work will exceed the minimal agreement in any given month, Craft & Scale will notify the Client in writing. Craft & Scale Ltd will not undertake any additional work beyond the minimal agreement without written agreement from the Client. Agreed additional work will be invoiced monthly. The Client agrees to pay the minimal monthly fee to Craft & Scale Ltd including when the Client does not fully utilised minimal services in any given month. Craft & Scale Ltd reserves the right to invoice clients up-front for project costs necessary to deliver projects as part of a retainer.
All invoices are due for payment within 14 calendar days of the date of invoice. Any queries regarding invoices must be raised within 5 calendar days, after which point the invoice will be deemed as accepted. Craft & Scale Ltd reserves the right to charge interest on unpaid invoices after 30 calendar days. The rate of interest will be 2% compound per month.
Where services are brought in, Craft & Scale Ltd reserves the right to add a management fee of up to 15% to cover quality control.
In the event of cancellation, Craft & Scale Ltd will impose a cancellation charge of 25% of the total quoted fee, or the actual fees and expenses incurred by Craft & Scale Ltd up to the effective date of termination, together with any unrecoverable third-party costs incurred. If the Client delays or postpones the Client shall pay for any documented unrecoverable costs incurred by Craft & Scale Ltd as a result of such delay or postponement.
Out of pocket expenses will be billed monthly at cost to the Client. Such expenses will include travel and subsistence by Craft and Scale Ltd personnel, couriers and express delivery services, product samples, printing, catering, venue hire and reference materials required for the project.
If Craft & Scale Ltd bases its quotation upon information provided by the Client, which is subsequently shown to be incorrect, Craft & Scale Ltd reserves the right to charge the Client for any resulting additional costs.
All final content and documentation will be delivered via digital formats (unless specifically agreed otherwise). Craft & Scale Ltd reserves the right to charge the Client for the printing or production of hard copies.
Completed records remain the property of Craft & Scale Ltd, who shall, without reference to the Client, be entitled to destroy them, one year after the end of fieldwork. Within this period copies may be made to the Client on request, at additional cost.
All research projects undertaken by Craft & Scale Ltd will be conducted in accordance with the Code of Conduct of the Market Research Society (MRS). The Client shall make available information as requested by Craft & Scale Ltd to ensure compliance and the Client warrants accuracy of any information supplied by the Client.
Craft & Scale Ltd undertakes not to disclose the Client’s identity, the results of the project, or any information obtained in confidence regarding the business of the client, without first obtaining the Client’s approval. Similarly, respondents shall remain anonymous to the Client and all reasonable precautions will be taken to avoid revealing their identity.
Confidential data and information provided by the Client shall remain confidential to the Client. Similarly, proposals provided by Craft & Scale Ltd, when it receives neither the commission nor payment for the proposals, remain the property of Craft & Scale Ltd and their contents shall not be revealed to any third party or used by the Client.
If proposals, recommendations or detailed research specifications for the same project are being obtained from more than three research agencies, the Client undertakes to inform Craft & Scale Ltd, who reserve the right to make a nominal charge for the work involved.
Personal or sensitive Client customer data shared with Craft and Scale Ltd for the purposes of the project will be held securely, password protected with access limited only to individuals required for delivery of the project. Craft and Scale Ltd acts as a Data Processor and the Client remains the Data Controller. Craft and Scale Ltd will abide by General Data Protection Regulation (GDPR) and all relevant data protection legislation. All personal and sensitive customer data held by Craft and Scale Ltd will be deleted within 30 days of project completion. The Client agrees that Craft and Scale Ltd may share Client customer data with trusted third parties solely for the purposes of delivering the project. In such cases Craft and Scale will make the Client aware and will not share data without formal consent from the client. Third party partners will be expected to adhere to GDPR and all relevant data protection legislation, hold data securely and delete all Client data within 30 days of project completion.
The Client agrees that Craft & Scale Ltd may use the name of the Client’s organisation (and division) name upon completion of the project in its marketing literature, including but not limited to, sales brochures, websites, social media and credential presentations. On approval by the Client at the commencement of the project, Craft and Scale Ltd may issue a press release, publicise on websites or social media about its professional involvement with the Client. Craft and Scale Ltd may also request specific testimonials, use the Client as a reference, permission to use the project as a public case study, and use its organisation’s name for broader promotional purposes related to Craft and Scale Ltd’s business.
Reports and other records provided by Craft & Scale Ltd are for use within the Client’s organisation, and only on the Client’s business. If wider circulation of results is intended, Craft & Scale Ltd’s name may not be quoted in connection with the study until the exact form of any communication has been agreed by Craft & Scale Ltd. The Client undertakes to inform Craft & Scale Ltd of any intended wider publication prior to release and to offer identification of Craft & Scale Ltd as the supplier of the work to be published.
When approved and then used by the Client, the final creative work becomes the exclusive property of the Client. Any other work developed in the course of the project shall remain the sole and exclusive property of Craft & Scale Ltd, and Craft & Scale Ltd may use such retained work in any way it sees fit.
Creative work developed by Craft & Scale Ltd, including designs, names and trademarks, is not intended to infringe on the rights of third parties. Nonetheless, due to the complexity of such rights, Craft & Scale Ltd cannot guarantee that the Client will be protected from the claims of others.
The results / prognosis contained in any deliverables are the result of careful analysis of the data and have been subject to thorough checks. They are, to the best of Craft & Scale Ltd’s knowledge, accurate but are subject to the usual “statistical norms and variables” applied to research of this nature. Further, as the results / prognosis are just one factor to be taken into account by the Client, the Client accepts, that Craft & Scale Ltd cannot be liable for the consequences of any action based on the report or its interpretation.
In translating research results from controlled test environments to the real market place, it is possible that some of the context and assumptions on which the deliverables are based will not remain constant. Any subsequent change in market conditions, or to the test product/service itself, could impact the initial performance predictions including possible invalidation of the results.
It is agreed that Craft & Scale Ltd shall be entitled, both during and after expiry of this project, to use all deliverables and other findings and records resulting from the services for its own internal purposes, as part of its own databases and for purposes connected with its business, including in connection with any relevant legal dispute.
In the event of any negligence by Craft & Scale Ltd, which materially invalidates its research findings and/or any conclusions/interpretations, the liability of Craft & Scale Ltd shall be limited to the fees paid to Craft & Scale Ltd and if the Client requires additional protection, the Client should insure. Craft & Scale Ltd cannot be held liable for any failure in quoted timings and any loss or damage thereof resulting.
Description of Coaching: Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
When delivering coaching services Craft & Scale Ltd agrees to maintain the ethics and standards of behaviour established by the International Coach Federation (ICF). www.coachfederation.org/ethics. It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behaviour.
The Client is solely responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions and results arising out of, or resulting from, the coaching or mentoring relationships and their coaching calls and interactions with the Craft & Scale Ltd. As such, the Client agrees that Craft & Scale Ltd is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any coaching or mentoring services provided by the Craft & Scale Ltd. The Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
The Client acknowledges that coaching and mentoring are comprehensive processes that may involve different areas of their life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
The Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association, and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If the Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and their Craft & Scale Ltd coach.
The Client understands that in order to enhance the coaching or mentoring relationship, the Client agrees to communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully in the programme.
This coaching relationship, as well as all information (documented or verbal) that the Client shares with their Craft & Scale Ltd coach as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. According to the ethics of the profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.
Only essential client personal details required to deliver a coaching or mentoring programme will be stored by their Craft & Scale Ltd coach. These will be stored securely, password protected with access limited to the coach.
Personal information shared confidentially during coaching or mentoring sessions will not be recorded. The Craft & Scale Ltd coach will make only brief notes to record observations, goals, agreed actions and any other pertinent information deemed necessary to deliver the coaching or mentoring programme. The Client’s full name will not be recorded on session notes and only the Coach will have access to them.
The Craft & Scale coach will abide by General Data Protection Regulation (GDPR) and all relevant data protection legislation.
Except as expressly provided in this Terms of Business, Craft & Scale Ltd makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to services negotiated, agreed upon and rendered. In no event shall Craft & Scale be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, Craft & Scale Ltd’s entire liability under this Terms of Business, and the Client’s exclusive remedy shall be limited to the amount actually paid by the Client to Craft & Scale Ltd under this Terms of Business for all services rendered through and including the termination date.
This document reflects the entire agreement between the Client and Craft & Scale Ltd. And reflects a complete understanding of the parties with respect to the subject matter. These Terms of Business supersede all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both Craft & Scale and the Client.
Craft & Scale aspires to the highest standards of service and wants all clients to be satisfied customers. If our services are not meeting client expectations, we encourage clients to tell us openly and honestly. The client has the right to complain about services provided by Craft & Scale by sending their complaint to: [email protected]. Complaints will be listened to and taken seriously. Where an independent perspective is beneficial Craft & Scale may seek guidance and/or support from the following organisations: the MRS (market research related issues), the Chartered Institute of Marketing (CIM, marketing and strategy related issues), the Coaching Academy or the ICF (coaching related issues). In agreeing to Craft & Scale’s Terms of Business the client agrees that any potential refunding of fees is entirely at the discretion of Craft & Scale Ltd.
Craft & Scale Ltd’s Terms of Business, contracted work and any non-contractual obligations arising in connection with them, are governed by and construed in accordance with English law, and the English courts have exclusive jurisdiction to determine any dispute arising in connection with these Terms of Business or contracted work, including disputes relating to any non-contractual obligations.
In the event of a dispute arising under this Terms of Business the Parties agree to use their reasonable endeavours to resolve any dispute in good faith. Neither Client nor Craft & Scale Ltd shall commence any court proceedings in relation to any dispute until it has attempted to settle the dispute amicably and in accordance with this clause.