Terms & Conditions
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About me
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Pawel Hajdan, a sole trader, my main trading and mailing address is Pawel Hajdan, 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom. My VAT registration number is 460 5039 13. I operate the website pawelhajdan.com (Website) where my Services are detailed.
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Contacting me. To contact me, email info@pawelhajdan.com. How to give me formal notice of any matter under the Contract is set out in clause 14.
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My contract with you
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Our contract. These terms and conditions (Terms) apply to the order by you and supply of Services by me to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
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Entire agreement. The Contract is the entire agreement between you and me in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
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Language. These Terms and the Contract are made only in the English language.
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Placing an order and its acceptance
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Placing your order. To place an order, you may either:
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follow the onscreen prompts on the Website to place your order; or
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contact me directly via email to place an order for the Services.
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You may only submit an order using the methods set out in clause 3.1. Each order is an offer by you to buy my consulting services specified in the order (Services) subject to these Terms.
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Correcting input errors. My order process (whether via the Website or directly via email) allows you to check and amend any errors before submitting your order to me. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
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Acknowledging and accepting your order. After you place your order, you will receive an email from me acknowledging that I have received it and whether I have accepted or rejected it. My acceptance of your order takes place when I send this email to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and me will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation.
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If I cannot accept your order. If I am unable to supply you with the Services for any reason (for example, because my availability has changed), I will inform you of this by email and I will not process your order. If you have already paid for the Services, I will refund you the full amount.
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My services
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Any descriptions, case studies, or illustrations on the Website are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
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I may identify you by your full name as one of my clients and, in so doing, use your full name, title, and any written or oral feedback (howsoever provided) for my promotional use in internal and external client and prospective client presentations, publications, communications, and on the Website, for example, to publish case studies and to demonstrate the value of my services to prospective clients.
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Your obligations
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It is your responsibility to ensure that:
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the terms of your order are complete and accurate;
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you cooperate with me in all matters relating to the Services; and
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you provide me with such information and materials I may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects.
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If my ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 5.1 (Your Default):
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I will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve me from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle me to terminate the Contract under clause 12 (Termination);
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I will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from my failure or delay to perform the Services; and
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it will be your responsibility to reimburse me on written demand for any costs or losses I sustain or incur arising directly or indirectly from Your Default.
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Charges
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In consideration of me providing the Services you must pay my charges (Charges) in accordance with this clause 6.
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The Charges are the prices quoted on the Website at the time you submit your order, or in any quotation for the Services provided via email.
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If you wish to change the scope of the Services after I accept your order, and I agree to such change, I will modify the Charges accordingly.
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The Charges may change from time to time, but changes will not affect any order you have already placed.
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The Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay me such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
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How to pay
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Payment for the Services is in advance.
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Intellectual property rights
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All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) will be owned by me.
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I agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free perpetual and irrevocable licence to copy the deliverables specified in your order (excluding materials provided by you) or any other materials given to you by me in connection with the Services for the purpose of receiving and using the Services and such deliverables in your professional development. You may not sub-license, assign or otherwise transfer the rights granted in this clause 8.2.
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You agree to grant me a fully paid-up, worldwide, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to me for the term of the Contract for the purpose of providing the Services to you.
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How I may use your personal information
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I will use any personal information you provide to me to:
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provide the Services;
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process your payment for the Services;
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for the purpose described in clause 4.2; and
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inform you about similar products or services that I provide, but you may stop receiving these at any time by contacting me or following the ‘unsubscribe’ link in the relevant communication.
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I will process your personal information in accordance with my Privacy Policy, the terms of which are incorporated into this Contract.
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Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
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Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
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death or personal injury caused by negligence;
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fraud or fraudulent misrepresentation; and
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any other liability which cannot be excluded or limited under applicable law.
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Subject to clause 10.1, I will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
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loss of profits;
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loss of sales or business;
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loss of agreements or contracts;
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loss of anticipated savings;
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loss of or damage to goodwill; and
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any indirect or consequential loss.
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Subject to clause 10.1, my total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to £1,000.
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Unless you notify me that you intend to make a claim in respect of an event within the notice period, I shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire six months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
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This clause 10 will survive termination of the Contract.
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Confidentiality
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We each undertake that we will not at any time during the Contract, and for a period of two years after termination of the Contract, disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 11.2.
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We each may disclose the other's confidential information:
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to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 11; and
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as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
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Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract.
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Termination, consequences of termination and survival
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Without limiting any of my other rights, I may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
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you cancel my performance of the Services under the Contract;
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you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 15 days of you being notified in writing to do so; and
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you fail to pay any amount due under the Contract on the due date for payment.
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Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
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Force majeure
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I will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations under the Contract that is caused by any act or event beyond my reasonable control (Force Majeure Event).
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If a Force Majeure Event takes place that affects the performance of my obligations under the Contract:
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I will contact you as soon as reasonably possible to notify you; and
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my obligations under the Contract will be suspended and the time for performance of my obligations will be extended for the duration of the Force Majeure Event. I will arrange a new date and/or time for performance of the Services with you after the Force Majeure Event is over.
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You may cancel the Contract affected by a Force Majeure event which has continued for more than 15 days. To cancel please contact me. If you opt to cancel, I will refund the price you have paid.
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Communications between us
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When I refer to "in writing" in these Terms, this includes email.
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Any notice or other communication given under or in connection with the Contract must be by email. The email I shall use to communicate with you shall be the email you initially provide me with to place an order, unless you notify me of a change of email address in writing.
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Any notice shall be deemed to have been received at the time of the transmission provided that no bounceback or out of office message is received.
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The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
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General
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Assignment and transfer
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I may assign or transfer my rights and obligations under the Contract to another entity but will always notify you by posting on the Website if this happens.
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You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
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Variation. Any variation of the Contract only has effect if it is in writing and signed by you and me (or our respective authorised representatives).
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Waiver. If I do not insist that you perform any of your obligations under the Contract, or if I do not enforce my rights against you, or if I delay in doing so, that will not mean that I have waived my rights against you or that you do not have to comply with those obligations. If I do waive any rights, I will only do so in writing, and that will not mean that I will automatically waive any right related to any later default by you.
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Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
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Third party rights. The Contract is between you and me. No other person has any rights to enforce any of its terms.
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Governing law and jurisdiction. The Contract is governed by the laws of England and Wales and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English and Welsh courts.
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