Terms and Conditions
These Terms and Conditions are the standard terms for the provision of services by Master Publishing Limited trading as Master Storytellers.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the
following expressions have the following meanings:
|“Business Day”||means any day other than a Saturday, Sunday or bank|
|“Calendar Day”||means any day of the year;|
|“Contract”||means the contract for the provision of Services, as explained in Clause 3;|
|“Deposit”||means an advance payment made to Us under sub-Clause 5.5;|
|“Month”||means a calendar month;|
|“Publication”||means the final work arising from the Services whether actually published or not.|
|“Price”||means the price payable for the Services;|
|“Services”||means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);|
|“Subject”||means the person about whom the Publication using our Services relates to.|
|“Special Price”||means a special offer price payable for Services which We may offer from time to time;|
|“Order”||means your order for the Services;|
|“Order Confirmation”||means Our acceptance and confirmation of your Order as described in Clause 3;|
|“We/Us/Our”||means Master Publishing Limited trading as Master Storytellers details of which can be found in Clause 2 .|
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, social media or other means.
2. Information About Us
2.1 Master Publishing Limited, trading as Master Storytellers is a Private Limited Company whose registered in England under number 12778322, whose registered address is 2 Lovat Close, London. NW2 7RU.
3. The Contract
3.1 These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
3.2 Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
3.3 A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.
3.4 As our services are often given as gifts to Third Parties, you confirm that you are providing us with permission for us to engage with that Third Party to confirm that we have a legitimate reason for contacting them as required under the Data Protection Act 2018.
3.5 By entering into the Contract, you confirm that it is your honest belief that the Third Party Subject would consent to their information being used to make the Publication.
3.6 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
3.6.1 The main characteristics of the Services;
3.6.2 Our identity (set out above in Clause 2) and contact details (as set out below in Clause 11);
3.6.3 The total Price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
3.6.4 The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
3.6.5 Our complaints handling policy;
3.6.6 The duration of the Contract and the conditions for terminating the Contract.
4.1 All Orders for Services made by you will be subject to these Terms and Conditions.
4.2 You may request a change your Order at any time before We begin providing the Services by contacting Us, and We will provide best endeavours to accommodate any request where possible.
4.3 If your Order is changed We will inform you of any change to the Price in writing.
4.4 We will allow either You or the Third Party Subject to purchase additional Services on top of the initial Package purchased. The party making such an Order will be bound by these Terms and Conditions as if this was a standalone Order.
4.5 You may cancel your Order within 14 days of placing it. If you have already made any payments to Us under Clause 5 (including, but not limited to the Deposit), subject to sub-Clause 5.6, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If you request that your Order be cancelled, you must confirm this in writing.
4.6 After the 14 day period you may cancel at any time by providing at least 14 days’ written notice. In that event, the purchase price would still be payable in full and any refund that may be offered would be at our sole discretion and is not obligatory.
5. Price and Payment
5.1 The Price of the Services will be that shown in Our website in place at the time of your Order or contained within a bespoke proposal from Us to You. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
5.2 If We quote a Special Price which is different to the Price shown in Our current price list, the Special Price will be valid for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
5.3 Our Prices may change at any time but these changes will not affect Orders that We have already accepted.
5.4 We reserve the right to charge a service charge for the processing of payments, please contact us for further information.
5.5 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.
5.6 Before We begin providing the Services, you will be required to pay a Deposit which is outlined in our Order form being a % of the total Price for the Services. The due date for payment of your Deposit will be included in the Order Confirmation.
5.7 In certain circumstances, if your Order is cancelled, your Deposit will be refunded in full or in part. The amount due will be calculated based upon the Price for the Services, Our price list, and the amount of work (if any) already undertaken by Us. Please refer to sub-Clauses 4.5 and 4.6 .
5.8 The balance of the Price will be payable once We have provided the first written draft of the Services for approval or when specified on the Order form. We reserve the right to hold a lien over the Publication until payment in full is made.
5.9 In certain circumstances We may permit payment by instalments and any payment terms will apply as additional clauses to this agreement but will be agreed between the Us separately.
5.10 If you do not make payment to Us by the due date as shown on the Order form We may charge you interest on the overdue sum at the rate of 2% per annum above the base lending rate of the Bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum. You also agree to indemnify Us in respect of any costs arising from our collecting any overdue sums.
5.11 The provisions of sub-Clause 5.10 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
6. Providing the Services
6.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the publishing sector, and in accordance with any information provided by Us about the Services and about Us.
6.2 We will begin providing the Services on the date confirmed in Our Order Confirmation, subject to any delays arising from unavailability of Third Party Subject.
6.3 We will continue providing the Services for the duration of the project.
6.4 We will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 9 .
6.5 If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible and You will provide this as soon as reasonably possible.
6.6 If the information or action required of You under sub-Clause 6.5 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work.
6.7 In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 6.5, or where the Third Party Subject is unavailable for periods of time, We may suspend the Services (and will inform you of that suspension in writing).
6.8 In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services.
6.9 If the Services are suspended under sub-Clauses 6.7 or 6.8, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s).
6.10 If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you in writing. This does not affect Our right to charge you interest under sub-Clause 5.8 .
6.11 The Parties confirm that they may agree to any extension of time without any penalty or delay provided this is agreed in advance.
7. Problems with the Services and Your Legal Rights
7.1 We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible.
7.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
7.3 We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of our agents or employees or sub- contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, sub-Clause 6.6 will apply and We may charge you for remedial work.
7.4 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty or incorrectly described.
8. Our Liability
8.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable or where this arises from information provided to us by a third party which is beyond our knowledge or control.
8.2 We usually provide Services for domestic and private purposes unless clearly stated. Where We provide services to You in the course of Business We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity howsoever arising.
8.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
8.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
8.5 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
9. Events Outside of Our Control (Force Majeure)
9.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
9.2 If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
9.2.1 We will inform you as soon as is reasonably possible;
9.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
9.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
9.2.4 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 10.3.3. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice;
9.2.5 If the event outside of Our control continues for more than 8 weeks, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 10.6.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.
10.1 If you wish to cancel your Order for the Services before the Services begin, you may do so under sub-Clause 4.5 .
10.2 After the 14 day period you may cancel at any time by providing at least 14 days’ written notice. In that event, the purchase price would still be payable in full and any refund that may be offered would be at our sole discretion and is not obligatory.
10.3 Once We have begun providing the Services, you are free to cancel the Services and the Contract at any time by giving Us 14 days’ written notice.
10.4 We may cancel the provision of the services if the Third Party Subject fails to attend at least 3 booked sessions with us or fails to book any sessions with us within a 12 month period from the date of this agreement.
11. Communication and Contact Details
11.1 If you wish to contact Us, you may do so by telephone at 0203 951 8615 or by email at firstname.lastname@example.org.
11.2 In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services). When contacting Us in writing you may either email or use the postal system.
12. Complaints and Feedback
12.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
12.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from our Website.
12.3 If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in writing using the contact details in clause 11 .
12.4 You agree that we will have a page within the final publication providing details of us as the Publisher without fee. Further you agree that We may ask for a testimonial or quote and may use this publicly for information and marketing purposes.
12.5 By providing us with images, You agree that You grant permission or otherwise have the copyright holders’ permission to publish any images and You agree to indemnify and hold Us harmless in respect of any claims of any infringements made.
12.6 Where we provide editorial services only (i.e. You have provided Us with a draft manuscript in full and We are editing this on Your behalf), there will be no transfer of any copyright from You to Us and You agree to indemnify and hold Us harmless in respect of any claims of any infringements made.
12.7 Where we provide draft version for approval these will be locked electronically to avoid any unauthorised editing or printing. You agree not to circumvent these security measures or instruct any third party to do the same. You agree that We have the exclusive rights to printing subject to Clause 13.3 .
13. Personal Information (Data Protection) and Intellectual Property
13.1 We will only use your personal information as set out in Our Privacy Notice available from our Website.
13.2 Where applicable, We will request any Third Party Subject to confirm their rights as contained in the document in Schedule 1. We will be unable to progress with the delivery of the Services until we have this confirmation.
13.3 We assert our right to be identified as the author of the Publication. We are the copyright holder of the Publication and we grant you a licence in respect of the Publication. No intellectual rights transfer to you under this agreement. We reserve the right to re-publish the work but will seek your consent to do so, any consent will not be unreasonably withheld. You may not publish the Publication with any other party save with our express written permission. Any draft provided is strictly confidential between You, Us and the Third Party Subjects who provide the information. We agree that the contents of the book are to remain confidential and We will not disclose the manuscript of the book beyond those parties and any third party engaged by us in the production of the final Publication. We naturally cannot be responsible for any confidentiality of the final published works which will be delivered up to You but We will not make any additional copies for general release, We may keep samples for our own use but these will not be distributed.
13.4 You acknowledge that it is necessary for the purposes of publication for Us to have the right to make alterations to the text of the Work. This is in order to make corrections, for the purpose of authorising translations, for removing any material which might, in our sole opinion, be actionable at law or which might damage Our reputation or business interests and, also for the purpose of complying with the advice of Our legal advisers or for other general copy- editing purposes.
13.5 You agree to indemnify us in respect of any errors and omissions and against any claims, libellous or otherwise once you have approved the final draft version.
14. Other Important Terms
14.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
14.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
14.3 The Contract is between You and Us. Despite the Publication potentially being in relation to a Third Party, they are not entitled to enforce any provision of these Terms and Conditions as they are not privy to the Contract. The Third Party is required to agree to the terms contained within the letter at Schedule 1 which sets out any rights they have.
14.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
14.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
15. Governing Law and Jurisdiction
15.1 Under these Terms and Conditions, the Contract is deemed to be made in England, regardless of the physical location of either party.
15.2 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
15.3 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.
15.4 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.