TERMS AND CONDITIONS
1. THESE TERMS AND CONDITIONS
1.1. What these terms cover. These are the terms and conditions with which I supply products and services to you via my website, www.thenovelidealist.com. By finalising your order with me, you expressly accept all terms and conditions outlined in this document.
1.2 Why you should read them. Please read these terms carefully before you submit your order to me. These terms tell you about the company within which I operate, how I will provide products and services to you, how you and I may change or end the contract, what to do if there is a problem and other important information. If for any reason you do not agree to these terms, you must not purchase products or services from my website.
2. INFORMATION ABOUT ME AND HOW TO CONTACT ME
2.1. Who I am. My writing services are performed under the operation of The Novel Idealist plc, a company registered in England and Wales. My company registration number is 12803222 and the address is 9 Roseberry Gardens, Orpington, Kent, BR6 9QE I am not currently registered for VAT.
3. MY CONTRACT WITH YOU
3.1. How I will accept your order. My acceptance of your order will take place when I email you to accept it, at which point a contract will come into existence between you and me.
3.2. If I cannot accept your order. If I am unable to accept your order, I will inform you of this through the email you provided in the order process, and will not charge you for the product. No order is confirmed until I have sent an acceptance email confirming your order.
3.3. Your order number. I will assign an order number to your order and tell you what it is when I accept your order. Please highlight your order number whenever you contact me about your order.
4. MY PRODUCTS AND SERVICES
4.1. Making sure the information you give me is accurate. Due to the nature of the products and services offered, I will require information from you to create the best bespoke product. It will be your responsibility to make sure I have all the information I need, and you need me to have, to achieve the final product.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered, please contact me. Changes for the Personalised Poetry product are outlined on the website, and additional changes may incur a further cost, as described. The amount of standard turns (or phases of edits) as part of the quoted price for my content writing services will be agreed upon at the order process. When you request changes above and beyond those accepted in the order process, I will let you know if the change is possible and, if so, I will let you know about any changes to the price of the order, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If I cannot make the change, or the consequences of making the change are unacceptable to you, you may want to end the contract (see paragraph 7).
6. PROVIDING YOUR PRODUCT
6.1. Delivery. I will send final products as a document attachment to the email address you have provided during the order process. I would be happy to discuss other forms of delivery, but this would need to be expressly agreed upon by me in writing.
6.2. When I will provide the product or service. The product, or service, will be provided to you as specified below, or in the event of delays outside my control (outlined in paragraph 6.3 below) I will contact you with an estimated delivery date:
6.2.1. Personalised Poetry. I will deliver a draft product to you as soon as I can following the successful completion of the order process (including payment), with an estimated delivery time between 5 and 7 working days. If I have expressly agreed to a specific deadline within the order process that will precede my estimated delivery time.
6.2.2. Content writing services. I will begin my services on the date I accept your order, or on the date agreed with you during the order process. A deadline completion date for the services will be agreed during the order process. At the point of order confirmation, I will ask for a 50% deposit to be made. The remaining 50% will be payable upon the receipt of the final product. No work will begin on your order until this 50% deposit has been paid in full.
6.3. I am not responsible for delays outside my control. If my supply of the product, or service, is delayed by an event outside my control, I will contact you as soon as possible and I will take all reasonable steps to minimise the effect of the delay. Provided I do this, I will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact me to end the contract and receive a refund for any products you have paid for but not received, subject to any applicable deductions (see paragraph 7.5).
6.4. Your legal rights if I deliver products or services late. You have legal rights if I deliver any product or service late. If I miss an agreed delivery deadline, then you may treat the contract as at an end straight away if any of the following apply:
6.4.1. I have refused to deliver the goods; or
6.4.2. you told me before I accepted your order that delivery within the delivery deadline was essential.
6.5. Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under paragraph 7.6, we can agree a new deadline for delivery, and you can treat the contract as at an end if I do not meet the new deadline.
6.6. When you own goods. You own a product which is goods once I have received payment in full. However due to the bespoke nature of my products and services, there are differences in copyright and intellectual property rights, as follows:
6.6.1. With regards the provision of the Personalised Poetry product, all poems are copyright of The Novel Idealist and may not be reproduced for any commercial gain without express permission in writing from me. You are free to present your poem for personal use, but if you do have your poem printed externally, or reproduced by another person, or business, you must credit The Novel Idealist with copyright.
6.6.2. With regards the provision of content writing services, all rights in Intellectual Property created in the delivery of my content writing services to you will be assigned to you and I waive all rights. I may wish to use content created by me in the provision of content writing services to you within my portfolio of work, but I will have no right to do so unless I have received express permission by you in writing. If you agree I can use such content, I will credit it as being services rendered to you.
6.7. What will happen if you do not give required information to me? Given the nature of the products and services I offer, I will need certain information from you to supply the products to you, for example, the completion of satisfactory content briefs and/or the personalised poetry intake form. This has been stated in the description of the products on my website. Upon your initial enquiry, and if I am able to accept your order, I will contact you via email to ask for this information. If you do not provide me with this information within a reasonable time of me asking for it, or if you give me incomplete or incorrect information, I will not accept your order, or should I have started already, I may end the contract (see paragraph 9.1.2). I cannot be responsible for supplying products or services late, or not supplying any part of them, if caused by you not giving me information I need.
6.8. Reasons I may suspend the supply of products to you. I may have to suspend the supply of a product:
6.8.1. to deal with technical problems or make minor technical changes;
6.8.2. should I have not received any required payment (see paragraph 9.1.1); and
6.8.3. to make any changes as requested by you or notified by myself to you (see paragraph 6).
6.9. Your rights if I suspend the supply of products. I will contact you in advance to tell you I will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact me to end the contract for a product if I suspend it, or tell you I am going to suspend it, in each case that the delay causes the product delivery to exceed the agreed delivery deadline. For more information on refunds, see paragraph 8.2 through to 8.5.
7. YOUR RIGHTS TO CANCEL
7.1. You can always end your contract with me. You do have the right to end your contract with me, given certain criteria are met. Due to the bespoke nature of my work, there will be limitations on the compensation available. Your rights when you end the contract will depend on what you have purchased, whether there is any fault with the product, how I am performing and when you decide to end the contract:
7.1.1. if the final product you receive is not what has been agreed in the order process, or rectified within the revisions offered with the product, you may have a legal right to end the contract. This will depend on the product or service offered, but I will always seek to find an appropriate solution if you are unhappy
7.1.2. if you want to end the contract because of something I have done or have told you I am going to do, see paragraph 7.2; and
7.1.3. in all other cases (if I am not at fault and there is no right to change your mind), see paragraph 7.6.
7.2. Ending the contract because of something I have done or am going to do. If you are ending a contract for a reason set out at 7.2.1 to 7.2.5 below the contract will end immediately and I will refund you in full for any products which have not been provided. The reasons are:
7.2.1. I have told you about an upcoming change to the product following your initial order, or these terms which you do not agree to;
7.2.2. I have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
7.2.3. there is a risk that supply of the product(s) may be significantly delayed because of events outside my control;
7.2.4. I have suspended supply of the products for technical reasons, or notify you I am going to suspend them for technical reasons, in each case for a period exceeding the agreed delivery deadline (and if there is no new deadline agreed – see paragraph 6.4 and 6.5); or
7.2.5. you have a legal right to end the contract because of something I have done wrong.
7.3. Exercising your right to change your mind. For most products bought online you have a legal right to change your mind within 14 days and receive a refund, under the Consumer Contracts Regulations 2013. Due to the bespoke nature of the services and products provided by me though, many of these legal rights are not applicable (see paragraph 7.4).
7.4. When you don’t have the right to change your mind. Despite your right to cancel set out in paragraph 7.2, you do not have a right to change your mind in respect of:
7.4.1. any products which are bespoke and/or have been personalised. Due to the bespoke nature of the Personalised Poetry product, once you have confirmed your order with me, you will not have the right to change your mind, if I have started work on your order. If you do wish to change your mind, please get in touch with me immediately (see section 8) and I will do what I can, in keeping with the terms and conditions, to find an appropriate solution.
7.5. How long do I have to change my mind? How long you have depends on:
7.5.1. Have you bought content writing services? If so, you have 14 days after the day I email you to confirm receipt of your acceptance of my proposal, and that I am initiating your order. However, once I have completed the services you cannot change your mind. If you wish to cancel after I have started my services, your 50% deposit paid at the time of the order will not be refundable (see 6.2.2), subject to any goodwill gesture expressly agreed to by me in writing.
7.5.2. Have you bought a Personalised Poetry product? Unfortunately, due to the bespoke nature of the Personalised Poetry product, you will be unable to change your mind once the order process has been completed, unless my work on it has not started and your cancellation is acknowledged and accepted by me in writing (see section 8).
7.6 . Ending the contract where I am not at fault and there is no right to change your mind. Even if I am not at fault and you do not have a right to change your mind (see paragraph 8.1), you can still end the contract before it is completed, but you may have to pay me compensation. If you want to end a contract under this clause, just contact me to let me know. Unfortunately, due to the bespoke nature of the Personalised Poetry product, no refund will be available should I have already begun the writing process (see paragraph 7.4.1 above). My compensation will be the full payment made at the time of the order and the contract will end immediately. For content writing services, the contract will end immediately and I will be compensated by your 50% deposit. You will not be liable to pay the remaining 50%. These compensation arrangements will automatically apply, subject to any goodwill gesture expressly agreed to by me in writing.
8. HOW TO END YOUR CONTRACT WITH ME (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1. Tell me you want to end the contract. To end the contract with me, please let me know by doing one of the following:
8.1.1. Email. You can email me at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.1.2. Online. Complete the contact form on my website. Please provide your name, email address, and the details of your order.
8.2. Returning products after ending the contract. Unfortunately, due the bespoke nature of the products and services offered, you are unable to return the product, or ask for a refund, once you have received the final product, once work has begun on a bespoke product, or once a service has been completed. If you are unhappy with the final product or service, please get in touch with me using the contact details outlined in paragraph 8.1 above, and I will do all I can to help find an appropriate solution, where possible.
8.3. How I will refund you. Where a refund is applicable (for the reasons outlined in paragraph 7.1 and 7.2, for example), I will refund you the price you paid for the products, by the method you used for payment. However, I may make deductions from the price, as described below.
8.4. Deductions from refunds if you are exercising your right to change your mind. Subject to any goodwill gesture, if you are exercising your right to change your mind:
8.4.1. where the product is a service (eg content writing support), and should you have paid in full at the order process phase, I will deduct the 50% deposit figure.
8.5. When your refund will be made. I will make any applicable refunds due to you as soon as possible, no later than 14 days from acknowledgement of that refund by me in writing.
9. MY RIGHTS TO CANCEL
9.1. I may end the contract if you break it. I may end the contract for products or services at any time by writing to you if:
9.1.1. you do not make any payment to me when it is due and you still do not make payment within 5 days of me reminding you that payment is due;
9.1.2. you do not, within a reasonable time of me asking, provide me with information that is necessary for me to provide the products or services, for example, the briefing form or questionnaires required for products and services;
9.1.3. you do not, within a reasonable time, allow me access to your premises, if applicable, to supply the services; or
9.1.4. you engage in unacceptable behaviour – I strive to maintain the highest degree of professional standards when engaging with you, and I will not accept any unacceptable behaviour in our interactions. This includes, but is not limited to: aggressive, offensive, or abusive behaviour, such as personal insults; malicious rumours or gossip across any platform; persistent and unreasonable criticism; or unreasonable demands and impossible targets).
9.2. You must compensate me if you break the contract. If I end the contract in the situations set out in paragraph 9.1 I will refund any money as subject to you have paid in advance for products I have not provided, exclusive of deductions outlined in paragraph 7.6 above.
9.3. I may withdraw products or services. I may write to you to let you know that I am going to stop providing a product or service. I will let you know at least 5 days in advance of my stopping the supply of the product or service and will refund any sums you have paid in advance for products and/or services which will not be provided, subject to any applicable deductions set out in paragraph 7.6.
10. IF THERE IS A PROBLEM WITH THE PRODUCT OR SERVICE
10.1. How to tell me about problems. If you have any questions or complaints about the product, please contact me. You can email me at firstname.lastname@example.org or use my online contact form. I will always do my utmost to find an appropriate solution, where applicable.
11. PRICE AND PAYMENT
11.1. Where to find the price for the product, or service. The price of the product will be the price indicated on the website and/or order pages when you placed your order, or on the document sent to you as part of a proposal quote.
11.2. When you must pay and how you must pay. I accept payment with debit or credit card. You must pay to the bank account nominated by me. I will provide those details to you when the order has been accepted. When you must pay depends on what product you are buying:
11.2.1. for the personalised poetry product, you must pay for the poem(s) before I start work. I will not start the work until payment has been received in full; and
11.2.2. for content writing services, you must complete an advance payment of 50% of the quoted price of the services, before I start providing them. I will invoice you for the outstanding balance of the price of the services when I have completed them, to be paid within 14 calendar days after the date of the invoice.
12. MY RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1. I am responsible to you for foreseeable loss and damage caused by me. If I fail to comply with these terms, I am responsible for loss or damage you suffer that is a foreseeable result of my breaking this contract or my failing to use reasonable care and skill, but I am not responsible for any loss or damage that is not reasonably foreseeable.
12.2. When I am liable for damage to your property. If I am providing services in your property, I will make good any damage to your property caused by me while doing so. However, I am not responsible for the cost of repairing any pre-existing faults or damage to your property that I discover while providing the services.
12.3. I am not liable for the transfer of any computer virus. Recipients should check any email and any attachments for the presence of viruses. I accept no liability for any damage caused by any virus transmitted by email. Email transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses.
12.4. I am not liable for business losses. If you use my products or services for any commercial or business purpose, I will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity attributed to that product or service.
13. HOW I MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
14.1. You need my consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if I agree to this in writing. I may not agree. I may require the person to whom the rights are transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by email confirming and evidencing your consent.
14.2. Nobody else has any rights under this contract. This contract is between you and me, subject to any further written agreement between us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.3. Confidentiality. Any information given to you by me about my products or services (where it does not exist on my website) must remain confidential. This includes any payment details provided to you by me for the purpose of completing your order. This clause will remain in force in perpetuity, unless that information is already publicly available, or where you are compelled to provide it by law enforcement or a relevant regulatory authority. Any confidential information provided to me as part of my products or services shall remain confidential, unless express permission has been granted in writing.
14.4. Compliance with the law. I will not be liable for any products or services provided by me to you, where the information you have provided to me has been illegally obtained, or where my providing that product or service does not comply with relevant laws and/or industry codes and regulations. My products and services to you are given in the expectation that you are in full compliance with any attributable law and/or industry regulation or code. This includes your age – you must be 18 years old to enter into a contract. By placing an order with me, you confirm that you are legally capable of entering into a contract and compliant with law and any relevant industry regulations.
14.5. Costs and expenses. You will be responsible for any costs and expenses, supplementary to your payment for my product or service, incurred in connection with performance of this contract.
14.6. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.7. Even if I delay in enforcing this contract, I can still enforce it later. If I do not insist immediately that you do anything you are required to do under these terms, or if I delay in taking steps against you in respect of your breaking this contract, it will not prevent me taking steps against you at a later date. For example, if you miss a payment and I do not chase you but I continue to provide the products, I can still require you to make the payment at a later date.
14.8. Which laws apply to this contract. These terms are governed by English law.
1. MY APPROACH
1.2. If you have any questions about this Policy, please contact me in my capacity as data protection officer (“DPO”) at email@example.com.
2. WHAT IS PERSONAL DATA?
2.1. Personal data means any information relating to a person who can be identified either directly or indirectly; it may include name, gender, date of birth, email address, username, photo, IP address, information about preferences, patterns of behaviour, and location data (“Personal Data”).
3. PURPOSES FOR WHICH I PROCESS PERSONAL DATA
3.1. I will only process your Personal Data, in accordance with applicable law, for the following purposes:
3.1.1. offering goods, services and suggestions to you in a personalised way. Due to the bespoke nature of both the personalised poetry product and my content writing services, I will require personal information about you, your business, or the subject of whom, or of which, I am writing. By providing this information to me in the order process you expressly give your consent for me to use it in the process of carrying out my role;
3.1.2. sending you notifications of any relevant news regarding my personalised poetry product or content writing services;
3.1.3. developing and improving my services, for example, by reviewing use of my website and services;
3.1.4. to comply with applicable law, for example, in response to a request from a court or regulatory body, where such request is made in accordance with the law.
3.2. The legal basis for me processing your Personal Data for the purposes described above will typically be because you have provided me with your consent. However, we may also rely on other legal grounds, for example, where the processing is necessary:
3.2.1. to fulfil a contract that I have in place with you;
3.2.2. for my legitimate business interests; or
3.2.3. for compliance with a legal obligation to which I am subject.
4. DISCLOSURE OF CUSTOMER INFORMATION
4.1. There may be circumstances where I wish to disclose, or am compelled to disclose, your Personal Data to third parties. This will only take place in accordance with applicable law and for the purposes listed above. These scenarios include disclosure:
4.1.1. to public authorities where we are required by law to do so; and
4.1.2. to any third party where you have provided your consent.
5. RETENTION OF PERSONAL DATA
5.1. Your Personal Data will be retained for so long as you are registered with The Novel Idealist or your details are required to provide my products and/or services, unless applicable local law, or where I have a legitimate and lawful reason, requires longer retention. However, I will not retain beyond this period any of your Personal Data that is no longer required for the purposes set out in this Policy.
5.2. Any personal or commercial information provided to me as part of the personalised poetry process, or content writing service will be deleted within a reasonable time frame once the contract is completed.
5.3. I may keep an anonymised form of your Personal Data, which will no longer refer to you, for statistical purposes without time limits, to the extent permitted by applicable law.
6. DATA SUBJECT RIGHTS
Data protection law provides individuals in certain countries with numerous rights, including the right to: access, rectify, erase, restrict, transport, and object to the processing of, their Personal Data. Individuals may also have the right to lodge a complaint with the relevant data protection authority if they believe that their Personal Data is not being processed in accordance with applicable data protection law. If you would like to exercise any of your rights, please contact me, using the contact details set out in paragraph 1.2 above.
7. MY USE OF ANALYTICS TECHNOLOGY
In order to collect the information as described above, and to improve my service offering, I may use analytics technology on my website. This technology collects information, usually in an anonymous form about how Users use my website. It allows me to recognise and count the number of Users and to see how Users move around the website when they are using it and the approximate regions that they are visiting from.
8. CHANGES TO MY POLICY