Last updated: 15.4.2020
Good business relationships are based on communication, trust and respect. H Bailey Group Ltd is dedicated to building and maintaining mutually beneficial relationships with its clients, so that both entities are able to grow and thrive together.
This involves, among other things, setting out clear terms and conditions that both parties can agree upon and adhere to – as well as acting in accordance with the law when it comes to privacy and data.
We will then be in a position to forge a mutually beneficial partnership with you and move forward with confidence in providing you with the quality marketing and copywriting service that you can expect from working with us.
If you have any questions, concerns or comments about the contents, then please email firstname.lastname@example.org and one of the team will respond as soon as possible.
Our Terms and Conditions
When you commission Helen Bailey or Masterplan Marketing, you are contracting with a limited company that trades as H Bailey Group Ltd.
Throughout this document, H Bailey Group Ltd will be referred to as ‘H Bailey Group Ltd’, ‘we’, ‘us’ or ‘the supplier’.
You, as the client, will be referred to as ‘you’ or ‘the client’.
1. Conditions of becoming a client
When you sign this document you officially become a client of H Bailey Group Ltd and the terms and conditions apply from immediate effect.
2. Our rates
Our plans, packages and project rates are based on a service charge of £40.00 per hour and a consultancy charge of £60.00 per hour.
Please refrain from asking us to reduce our rates. From time to time, we may offer price reductions as part of our promotional activities or as a good will gesture, but otherwise our fees are set and are non-negotiable. They are set to take into account the costs, overheads and investment required to run a small business and provide the quality, value-driven and personal service to clients that we aim for.
3. Payment terms
Payment should be made promptly by bank transfer, to the account details that are included on your invoice.
Invoices are issued on the first day of the month and are due on receipt.
If payment is not received within 15 days an initial reminder will be sent.
If payment is not received within 30 days, a late payment surcharge of 20% of the total invoice will be applied and services will be put on hold.
4. Our guarantee
For the agreed fee and service – whether agreed as part of an ad-hoc project, or as part of a monthly plan – we aim to provide you with a high standard of marketing, copywriting and creative services.
However, if you are dissatisfied with the work that we have provided, please let us know as soon as possible and we will do our best to resolve matters.
If you still consider that we have failed to deliver work that is suitable for your purpose when measured against the requirements of the brief and/or monthly hourly allocation – and if we deem this to be a fair and reasonable complaint and we are not able to resolve issues satisfactorily – you will be free to terminate our contract or agreement without notice from the 1st of the following month.
5. Monthly plans
You may hire us to work for you on an ongoing basis as part of a monthly plan or retainer.
If so, you commit to three months continuous service in which the agreement regarding service levels, deliverables etc cannot be broken. Thereafter, either party may terminate the agreement at any time for any reason by providing written notice to the other party, but not before the minimum term of 3 months has expired (2 months and then a month’s notice).
Immediate terminations are not accepted.
Customer’s notice of termination must be provided via email to helen at masterplanmarketing dot co dot uk. Verbal requests to terminate do not constitute acceptance of any termination.
Billing, complaints and refunds – monthly plans/retainers
Providing you with an ongoing service as part of a monthly plan or retainer often means hiring external specialists and paying for software subscriptions as a way of give you the extensive, multi-discipline service you hired us for.
With that in mind, we have to be strict about our termination and refund policy to avoid operating at a loss.
In the event of terminating a monthly plan, you will continue to receive and pay for the agreed service until the end of the current month. This important clause protects us from irretrievable losses and allows us to cover any third party costs.
If you do not write to us and let us know of your intention to terminate the agreement, it will be deemed you wish to still utilise our service and we will continue to provide the agreed service.
No unused portion of the service paid for will be refunded to you the client.
Work that has gone unpaid will be deleted or ownership taken if not paid on termination.
6. The fee and agreed work – projects
You may also hire us to deliver a project for you.
Providing a detailed brief will help is accurately quote – and deliver – your project.
We quote per hour but will usually give you a fixed rate for the work we’ve agreed so that you can be sure of the total cost involved. The fee will be agreed with you in advance of any project and will include minor expenses, but not necessarily additional time spent attending project briefings or travelling if required once the initial scope of work was agreed. These additional and fair expenses will be added onto a subsequent invoice.
With regards to copywriting, the quote will not include any additional work created by revisions after the final draft has been submitted to you.
For larger projects and new clients, we may request 50% of the quoted amount is paid up front with the balance settled on completion. We will refrain from beginning work on the project until payment has been received. For ongoing work or large projects it is often sensible and more convenient to the client to agree payment milestones, which will be agreed on a case by case basis.
The service you will receive for the agreed work includes: preparation of the first full draft and two rounds of revisions if necessary. If you require more than two rounds of revisions we will quote for the time involved at the hourly rate. If no revisions are required, the agreed fee stands.
Should you request a substantial change to the copy, or change the scope of work once the project has begun, an additional fee may be incurred.
Whilst we do strive to deliver projects at the agreed time, we may occasionally need to put back project delivery dates. We will let you know as soon as possible if something arises that may affect my ability to meet the deadline.
Providing we give you notice of at least 24 hours, we reserve the right to put back any deadline by up to 72 hours. We will not be liable for any loss or damages caused to you or any third party client should we be unable to deliver the project on time due to reasons beyond our control.
If you are happy with the quote then we need confirmation in writing that you agree to it – a quick response in an email will suffice. On receipt of written confirmation, the project/job is confirmed. The email or letter constitutes agreement to these terms and conditions, and a contract.
Billing, complaints and refunds – projects
If we are providing you with a copywriting and/or other creative service on an ad-hoc project basis you will agree to settle 50% of the agreed fee if you are unhappy with our work. If we cannot rectify the issue in hand – and if we do not accept responsibility for failing to deliver as agreed – we will waver the remaining 50% as a good will gesture.
If we agree you have grounds for complaint and have failed to deliver a satisfactory conclusion to your complaint, then we will refund 100% of the fee accrued from the date of the last paid invoice.
7. Project brief – copywriting and creative
To fully understand what you want to achieve, we require as much information as possible from you about the outcome you’re after. We will work together on a project brief if need be and the extra time required for our input will be taken into account and billed accordingly.
Where possible, please include keywords and phrases for SEO, target market/readership profiles and purpose of copy (to sell, inform, entertain etc). For graphics please send a clear outline as to expectations, with examples – hand drawn if necessary.
If you provide only a vague briefing, you accept that the delivered product may contain ambiguities which can be reflected in the work. If so, you accept responsibility for this and for any additional costs incurred in re-writing the copy or recreating the graphics.
You agree to notify us as soon as possible if the project brief changes once we have started the work. The fee will be adjusted accordingly to reflect the extra time required.
We work hard to ensure that the copy and creatives we produce for you is free of errors, spelling mistakes and other literals. However, marketing, copywriting and creative is not a science and we are only human.
Therefore, it must be expect that, from time to time, typos and errors may present themselves in our work. The responsibility for checking for spelling mistakes, literal are visual accuracy (for instance the exact colour hue on a logo) is yours, as the client.
You absolve us of responsibility for any costs incurred due to the appearance of such errors in the published form in which you use the copy or creatives concerned.
9. The copy we write for you and the creative we create for you – your rights
You are purchasing the copyright to the work we write and create for you when you commission us to write copy and create graphics for you. The copyright is transferred to you on final payment of the invoice.
We will invoice you following submission of the third and final copy – or any other creatives we submit to you for your approval. If we receive no comments or amends to the first or second draft, we will assume that you are happy and invoice you after 14 days or on the first of the following months, whichever is sooner.
Unless forbidden by a confidentially agreement or specifically stated otherwise by the client, we reserve the right to share a sample of the work we complete for you in our portfolio, which we use for promotional purposes.
10. Accessing your website
We often require access to a client’s website administration area to upload content, make minor changes, add landing pages and audit the site for SEO purposes.
To mitigate risk of undermining your site or inadvertently causing problems, we will always conduct a backup before working on your site.
However, websites have numerous working parts and are complicated platforms. Sometimes things can go wrong deep within the system and it’s not always possible to determine the root problem. We are therefore not able to take responsibility for the smooth running of your website or any errors or breakages that might occur once we have worked don your site.
By signing this agreement, you agree to absolve H Bailey Group Ltd and any of its representatives of any website breakdowns –whether you deem that they have directly been caused by us or not. Furthermore, you agree that we are not liable for any financial loss associated with website breakdowns or down time.
In return, we agree to follow best practice at all times and carry out work for you in good faith to reduce risk of problems.
11. Ownership of media
Ownership of all assets, copy, creative and media created by us on behalf of you is only passed to you upon full payment of all outstanding monies owed.
This includes (but is not limited to): social media accounts, profiles, pages, posts, tweets, blogs, blog posts, websites & graphic design elements.
Imagery provided via photo image libraries such as Shutterstock remains the property of the copyright holder and is licensed to the Customer under the licensing terms and conditions specified by the respective photo image library. Customers may not reuse or resell said photos and/or images for other purposes.
If you send us draft copy, you affirm that you are the copyright holder or have the authority of the copyright holder to use this material as part of the new copy. You agree to indemnify us against any claim arising from suggestion that the new copy in any way breaches the copyright.
11. Availability of Service
Our business hours follow a standard Monday – Friday 9am-5pm and social media distribution and other marketing activities will take place during these hours.
We are closed on public and national holidays. Customers who send us their own updates – and of which they want us to publish to their social media accounts – will be processed by the end of the business day following receipt.
Activities outside of these standard hours may be accommodated. Contact helen at masterplanmarketing dot co dot uk for details.
12. Third party services
Third parties may be instructed to bill you directly and you will therefore be obliged to adhere to their terms and conditions of payment and not ours.
13. Confidentiality and security
You can be assured that we will keep anything that you tell us about your business that is commercially sensitive confidential.
H Bailey Group Ltd often involve other freelancers/agencies in a project or to deliver the agreed service, for example, a graphic designer, photographer, a copywriter or web designer. If we have signed a non-disclosure agreement, any third parties will also be requested to sign the same non-disclosure agreement before any work commences.
All third parties hired by us are required to sign a service agreement with H Bailey Group Ltd that binds them to our Terms and Conditions.
14. Legalities, Copyright and UK Law
You, as the client, are fully responsible for the proof-reading and publishing of the content we produce for you (print/online), plus any marketing or SEO activities undertaken on your behalf.
You, as the client, are responsible for the authenticity of materials, research, quotations and references supplied and that the material you supply us with is accurate and legal.
Also, you must ensure that the facts or details in the creatives and copy are accurate and correct. Once you have approved the final draft, we take no responsibility for the copy or any legal repercussions that arise as a result of your use of it.
We are not be liable to you for any loss of profits or indirect loss arising in any way in connection with the performance of the obligations related to any project you contract us to work on. We represent you in good faith and cannot be held responsible for negative repercussions.
H Bailey Group Ltd – nor any person or entity who has been involved in the creation, publication, production, operation, support or delivery of the service shall be liable for any direct, indirect, consequential or incidental damages – including but not limited to damages for loss of business revenue or profits, business interruption for any reason, loss of business information or data, injury to brand or reputation, persona injury (whether physical, mental or both) goodwill, use, data or other intangible losses or violation of any applicable privacy laws arising out of:
- The use, misuse or inability to use the service
- The cost of procurement of substitute services
- Unauthorised access to or alteration of customers’ transmissions or data
- Statements or conduct of any third party
- Termination of any of customer’s social media accounts
- Security or hacking of a client’s website, social media accounts or other platforms
- Any other matter relating to the service or use, even if the customer has been advised of the possibility of such damages.
In no event shall H Bailey Group Ltd’s entire liability exceed the total amount paid by you the customer to H Bailey Group Ltd under these terms and conditions during a single billing cycle.
This means, in short, that we will never owe you any more than you have paid us in a single month.
This includes negligence, warranty, product liability or any other cause of action.
We make every attempt to make sure that our work complies with UK Law; however it is your responsibility to submit all copy, content and graphical creatives for legal review.
Should any disputes arise from these Terms and Conditions or in any other way from any contract formed between us you acknowledge that UK Law will prevail and agree to comply with settlement ordered under UK Law.
1. Who we are
Our website address is: https://www.masterplanmarketing.co.uk.
This website is operated by Helen Bailey who is the owner of H Bailey Group Ltd. She is committed to protecting and preserving the privacy of her visitors when visiting this site or communicating electronically with her via the company.
This policy sets out how we process any personal data we collect from you or that you provide to us through this website. We confirm that we will keep your information secure and that we will comply fully with all applicable UK Data Protection legislation and regulations.
Please read the following carefully to understand what happens to the personal data that you choose to provide to us, or that we collect from you when you visit this site. By visiting www.masterplanmarketing.co.uk you are accepting and consenting to the practices described in this policy.
2. The personal data we collect from you and why we collect it
Comments and contact forms:
When visitors leave comments on the site, send an email through the contact form or fill out the electronic booking form, we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
Information the website automatically collects about you.
With regard to each of your visits to this website we may automatically collect information including the following:
- technical information, including a truncated and anonymised version of your Internet protocol (IP) address, browser type and version, operating system and platform;
- information about your visit, including what pages you visit, how long you are on the site, how you got to the site (including date and time); page response times, length of visit, what you click on, documents downloaded and download errors. This is monitored via Google Analytics.
- your personal and professional information, including your name, email, phone number, job function and company name, if applicable. By submitting this information you agree to us capturing it for our own business record keeping and storing it in a customer management system. It will not be passed on to third parties under any circumstances. Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from H Bailey Group Ltd and we will add your name to a newsletter database if (i) you made a purchase or asked for information about my goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from me at any time.
We send you emails of an informative or promotional ‘B2B’ nature under the ‘legitimate interest’ clause.
If you enter your details anywhere on our site you may opt in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you return to fill out the form next time.
What is a cookie?:
Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow a website to recognise a user’s device.
You can find more information about cookies at:
Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improve the user experience. They can also help to ensure that adverts you see online are more relevant to you and your interests.
Performance cookies collect information about how visitors use a website, for instance, which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works.
By using this website, you agree that it is okay for the site to place these types of cookies on your device.
4. Links to other websites
The website may contain links to other websites of interest. However, once you have used these links to leave the site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
5. How we protect your data
We may have to share your personal data with
- service providers who provide IT and system administration support
- professional advisors including lawyers, bankers, auditors and insurers
- HMRC and other regulatory authorities
- third parties to whom I sell, transfer or merge parts of the business or our assets
- to other professionals for the purposes of discussing your support required, to professional coaching bodies and to our supervisory coach(es) and professional coach (es) as part of coaching training and ongoing personal development.
In relation to a Subject Access Right request, you may request that we inform you of the data we hold about you and how we process it. We will not charge a fee for responding to this request unless your request is clearly unfounded, repetitive or excessive in which case we may charge a reasonable fee or decline to respond.
We will, in most cases, reply within one month of the date of the request unless your request is complex or you have made a large number of requests in which case we will notify you of any delay and will in any event reply within 3 months.
If you wish to make a Subject Access Request, please email the request to email@example.com marked for the attention of the Data Compliance Officer.