TERMS AND CONDITIONS OF ENGAGEMENT
Writeme is a trading name of KDH Media Limited. KDH Media Limited is a limited liability company registered in Ireland under registered number 521492. Its registered address is: Suite 1209, 26/27 Pembroke Street Upper, Dublin, DO2X361.
In these terms of business KDH Media Limited trading as Writeme is hereinafter referred to as “the Company”
Scope of Services
The scope of services provided to you is limited to
- the writing, editing and proofreading of written content and/or
- communication workshops and/or
- development of communications foundations.
This can include conducting desktop research and interviews with your stakeholders for the purposes of obtaining material for your written project.
Communication will be conducted via telephone, email or videoconferencing means (such as Skype) and content typically delivered in a Word document via email. In the event the Company agrees to meet with you or your stakeholder for the purposes of your project, an extra fee may be charged.
Please note that the Company does not provide business, accounting, legal or investment advice, nor advice on any other matter that is outside the scope of the engagement as noted above.
PLEASE NOTE that where you engage the Company to provide services to you on a second occasion and subsequent occasions, then by making the first payment for the said contracted services as set out above, you will be deemed to have reviewed, agreed and accepted our Terms and Conditions of Engagement as set out herein.
At the outset, the Company will agree with you the scope of the services the Company will provide to you (subject always to the limitations set out in the paragraph entitled “Scope of Services” set out above). You will be furnished at the outset with the price we will charge for your projects.
For orders of, or under, €600.00 plus VAT, full payment is required in advance of the Company commencing work on your projects.
- 50% of the monies due for your project must be paid in advance prior to the Company commencing work on your project.
- The remaining balance due to the Company for work the Company have carried out in relation to your project must be paid in full prior to the release of the final files/work by the Company to you.
Please note that VAT is payable on all fees and expenses at the applicable rate.
No refunds will be granted on any payment by you to the Company once the Company has commenced work on your project.
Interest will be charged on unpaid Invoices daily at the rate of 8% annually and if proceedings have to be issued against you by the Company to recover such costs, the Company will seek to recover its costs in relation to such proceedings.
Please note that no further work shall be carried out by the Company on your project until the Company’s Invoice is paid in full and the Company hereby reserves the right to retain all work carried out on your project by the Company pending you paying the Company in full for all work carried out by the Company in relation to your project.
Payment must be made on demand for all reasonable costs, charges, losses sustained or incurred by the Company (including without limitation to the generality of the foregoing any direct, indirect or consequential losses, loss of profit, loss of reputation, loss or damage to property and those arising from injuries or deaths to any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from any of the following acts or omissions by you namely: fraud, negligence, failure to perform or delay in the performance of any of your obligations.
Please note that the Company reserves the right to charge extra fees where:-
- More time is required that originally anticipated or the Brief changes substantially from the original Brief agreed between you and the Company.
- You request to finalise more than one content option.
- No communication has been received from you for four weeks (4 weeks) or more, unless that break in communication was agreed in advance by the Company.
Accuracy of Content and liability/responsibility for Content
You must accept full responsibility for the content, information and data supplied by you to the Company in terms of both ensuring that it is furnished to the Company in compliance with GDPR Regulations and does not breach any confidentiality Agreement you have with any of the parties referred to and does not in any way breach the privacy of any individual/party referred to in the content, information and data supplied by you to the Company. You must also ensure the accuracy of all information, data and content furnished by you to the Company. The Company role is specifically to edit or write content for you based on the said information, data and content furnished by you to us. The Company will not be responsible for the uploading of content to websites, distributing press materials, submitting advertising copy or any distribution beyond delivering content to you. Without prejudice to the generality of the foregoing, if you request the Company to upload the said content for you, the Company accepts no responsibility or liability and will not be in any way responsible or liable to any party for any of the content so uploaded. You hereby indemnify the Company in respect of any claims, actions or proceedings taken by any party arising from the publication of or distribution of any content uploaded or distributed by the company on your behalf in such circumstances or in any circumstances. You must and you hereby agree to accept full responsibility and liability to proof read all content received by you from the Company thoroughly and fully prior to publishing it to any party and/or distributing it to any party. The Company accepts no responsibility for any errors, omissions or inaccuracies howsoever arising in the content supplied by the Company to you and you hereby agree to indemnify the Company in respect of any claim, action or proceedings taken by any party arising from the publication of or distribution by you of any content supplied by the Company to you.
PLEASE NOTE the Company’s liability for any claim for loss or damage by you in respect of work done by the Company for you whether in contract, tort (including negligence or breach of statutory duty), or misrepresentation, restitution or otherwise arising in connection with performance or contemplated performance of the work you have requested the Company to do on your behalf shall be limited to the price paid by you for the services in respect of which the claim is made.
The Company always aims to give our clients the highest level of service. If there is anything you are not happy about, the Company would rather you let us know straight away. The Company has a complaints policy available on request and a complaints procedure that means all complaints are reported to and reviewed by the Company’s Managing Director. If there are any causes for concern or problems then please contact the Company in writing via email at email@example.com.
If your complaint relates to a breach of the Company’s obligations under the General Data Protection Regulation and/or Data Protection Act 2018, you can make a complaint to the Data Protection Commissioner at www.dataprotection.ie
While acting for you, the Company shall gather information and documents which relate to your business and affairs. The Company shall keep the information and documents confidential, except where disclosure is required by law or regulation or in other exceptional circumstances. As you will appreciate, in the same way the Company must respect the confidence in information and documents which the Company hold for our other clients. The Company cannot, without their express written permission, disclose any of that material to you.
Unless the Company hear from you to the contrary, the Company may use internet email to communicate with you and others in relation to any matter. This carries certain risks. The Company does not accept responsibility for any loss that you suffer as a result of the Company’s use of internet email. Unless you indicate otherwise, the Company will deem your instructions in this matter to constitute an appropriate consent for the maintenance and processing of your personal data under the Provisions of the Data Protection Act 1988 and the Data Protection (Amendment) Act 2003.
If you communicate your instructions via email, the Company will communicate our acceptance of these instructions with a confirmatory email back to you. Instructions will not be deemed to be accepted by the Company unless you receive a confirmatory email, telephone call or letter from us. The same procedure applies to changes in instructions communicated by you to the Company.
In any case where it is intended that legal proceedings should be issued against the Company (or any person or entity for which the Company is or is alleged to be responsible), the Company may at its election require the relevant dispute, difference or claim to be referred to mediation or arbitration by notice in writing to that effect. If, the claimant issues any legal proceedings, the Company may still elect for mediation or arbitration by notice to that effect given to the claimant and to the claimant’s lawyers named in the proceedings (if any) within 21 days of service of the proceedings on the Company in which event the claimant will take no further steps in the proceedings other than to procure the dismissal or stay of the proceedings.
Where the Company has given notice that it has elected for the dispute, difference or claim to be referred to arbitration, it will be referred to and resolved by a single arbitrator in accordance with the Arbitration Acts 1954 to 1998 such arbitrator to be appointed by agreement within 14 days of the parties or, failing agreement within 14 days, as may be nominated on the request of either party by the president of the time being of the Law Society of Ireland. The laws of Ireland shall apply. The place of the arbitration shall be Galway.
When you employ the Company to provide services to you, you are giving the permission to hold information and personal data for the Company’s records.
This notice sets out the basis on which any personal data the Company collect from you, or that you provide to the Company, will be processed by the Company.
The following is a statement of the Company’s practices regarding your personal data and how the Company will treat it. The applicable law is the General Data Protection Regulation (the GDPR).
The categories of your personal data that the Company may collect includes, but is not limited to the following: contact details (including names, postal addresses, email addresses and telephone numbers), financial and tax data, correspondence by phone and/or email.
The Company collects this information to provide you with our services.
The legal basis for the processing of your data are:-
That you have provided consent for the processing for one or more specified purposes, You may withdraw that consent at anytime;
- Processing is necessary for the performance of a contract which you have entered into with the Company or to take steps at your request prior to entering into a contract;
- Processing is necessary for compliance with a legal obligation to which the controller is subject;
- Processing is necessary in order to protect the vital interests of you or of another natural person;
- Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- Processing is necessary for the purposes of the legitimate interests which the Company pursue in providing you with the services which the Company have contracted to provide you with.
The Company shall keep any personal data, information and documents relating to you or your business confidential, except where disclosure is required by law or regulation or in other exceptional circumstances. In the same way the Company must respect the confidentiality of information and documents which the Company hold for our other clients. The Company cannot, without their express written permission, disclose any of that material to you.
The Company also use professional and other services including specialist IT service providers, which will involve some access to files including:
- risk management auditors
- quality control companies,
- IT maintenance contractors
- Cloud storage providers
- External file storage companies
This allows the Company to manage the Company properly. The Company always try to make sure that the provider of the services is reputable and can provide sufficient guarantees to implement appropriate technical and organisational measures in such a way that your personal rights are protected. The Company require them to sign letters of confidentiality and/or a written contract.
When the Company store files off site, whether electronic or hard copy, the Company will take all reasonable steps to make sure the Company keep your information confidential.
What are your rights with respect to the processing of personal data?
Please note that you have the following rights in respect of your personal data:
- The right to access the personal data the Company hold about you.
- The right to require the Company to rectify any inaccurate personal data about you without undue delay.
- The right to have the Company erase any personal data the Company hold about you in circumstances where the processing of data was not carried out in accordance with the GDPR.
- The right to object to the Company processing personal data about you such as processing for profiling or direct marketing.
- The right to data portability in certain circumstances such as where the processing is based on consent, processing is necessary for the performance of a contract and the processing is carried out by automated means.
- The right to request a restriction of the processing of your personal data.
Getting in touch with us
You can contact us via any of the following means and we will endeavour to respond within 24 hours.
Telephone: +353 (0) 1 611 1563