demi@getstuffmade.co.uk

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Terms & Conditions

Get Stuff Made Ltd – Terms and Conditions

These Terms and Conditions shall apply to the provision of Services by Get Stuff Made Ltd, a company registered in England under number 09189792, whose registered address is 2 The Green, Woodford, Kettering, England, NN14 4HB, hereinafter called “the Company” to the Client, as identified in the Quotation.

  1. Definitions and Interpretation: In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
    “Agreement” means the contract formed upon our mutual agreement of a date to commence the services, and includes the agreement of these Terms and Conditions;
    any “Quotation” remains open for acceptance for a period of 30 days and means the written Quotation for the performance of the Services or any other Services as may from time to time be amended by written agreement.
    “Planned Session” means an agreed time to perform the Services virtually or such other place as agreed from time to time;
    “Services” means the mentoring, project management, online programme or any other services to be provided to you in accordance with the Quotation;
    “Website” means https://www.getstuffmade.co.uk/ and any sub-domains of this site unless expressly excluded by their own terms; and

Unless the context otherwise requires, each reference in these Terms & Conditions to:
1.1.1 “we”, “us”, “our” is a reference to the Company and includes our employees and agents;
1.1.2 “writing” or “written” includes, but is not limited to, letters and emails;
1.1.3 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.1.4 “these Terms and Conditions” is a reference to these Terms and Conditions;
1.1.5 a Clause is a reference to a Clause of these Terms and Conditions; and
1.1.6 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
1.2 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon their interpretation. Words imparting the singular number shall include the plural and vice versa. References to any gender shall include the other gender. References to persons shall include corporations.
1.3 No terms or conditions stipulated or referred in any form whatsoever shall in any respect vary or add to these Terms and Conditions unless otherwise agreed by us in writing.

  1. Mentoring
    2.1 The mentoring Services shall commence on the commencement date our first payment is received.
    2.2 The mentoring shall be on a retained basis and:
    2.2.1 the commencement date shall be the start of your initial 2-month term, once the term has completed it shall renew on a monthly rolling basis;
    2.2.2 all Services provided under this Contract will be invoiced on a monthly basis in advance throughout the Term of the Contract;
    2.2.3 you shall be entitled to a set number of hours for calls per month, as detailed in the Quotation;
    2.2.4 time records shall be maintained by us and our decision shall be final. Our time is calculated in minimum units of 15 minutes for all work done and shall be rounded up to the nearest 15 minute interval;
    2.2.5 should you fail to use the hours in the month for which we are contracted, the hours will be lost; and
    2.2.6 should you need more hours then all additional hours will be charged at our standard hourly rate.
    2.3 All hours must be pre-booked no less than 3 working days in advance, and must be taken during normal working hours, where you specifically request a time outside of these, it shall be chargeable as extra.
    2.4 We reserve the right to review our fees for mentoring Services periodically and in any event, shall do so annually. We will give you notice before the end of the then-current term of any proposed price changes before such changes shall take effect.
    2.5 Notwithstanding clause 2.4 above, we shall have the right to make any changes to the Services which are necessary to comply with any applicable law, to meet your changing needs or which do not materially affect the nature or quality of the Services, and we shall notify you in any such event.
    2.6 Where we have agreed to attend a Planned Session, we reserve the right to charge mileage and any other expenses.
    2.7 The Agreement can be terminated in accordance with clause 11 below.
  2. Project Management and Mini Projects
    3.1 We shall create a schedule to undertake the Project upon payment of a deposit, with the remainder payable in stages as the project progresses, as detailed within the Quotation.
    3.2 However, we reserve the right to charge additional interim progress payments as the works progress or if we are delayed from completing our Services through no fault of our own. We also reserve the right to request 100% of the quoted fee up front at our sole discretion and will notify you accordingly in advance.
    3.3 Our project management Services are based on the information provided to us at the time of our Quotation, should any errors or discrepancies become evident, our scope of work changes, or timescales are extended, we reserve the right to make adjustments to it.
    3.4 All Services we will provide shall be in accordance with the scope of works agreed. We will not accept liability, and no refunds will be offered, in the unlikely event that you are dissatisfied due to a matter of personal taste.
    3.5 We may provide suggestions for products or other services to be provided as part of your project. You are under no obligation to accept these suggestions but if you decide to, you will need to ensure the relevant supplier is suitable for your needs. A separate contractual relationship will be created between you and the supplier, under separate terms and conditions. You will be responsible for making arrangements and paying the supplier directly and they will be liable to you directly for their actions or inactions. We shall have no liability for any decisions you make in respect of third party suppliers.
    3.6 The project management Services are subject to the cancellation provisions in clause 10.
  3. Online Programme
    4.1 Unless agreed otherwise, full payment for the online programme shall be paid up front, no less than 3 days before the start of the programme.
    4.2 The paid content will be available weekly to you to download immediately from your account and will continue to be available to you after the completion of the programme.
    4.3 You are required to keep your account details confidential and must not reveal the password to anyone. Sharing of accounts is not permitted unless we expressly authorise this in writing.
    4.4 We do not warrant that your use of our Website will be uninterrupted or error-free; nor that our Website, and/or the information obtained by you from the Website will meet your requirements.
    4.5 In some circumstances, we may need to suspend access to the paid content (in full or in part) to fix technical problems, to make necessary changes, to update the content to comply with relevant changes in the law or other regulatory requirements, or to make more significant changes to the paid content.
    4.6 Within the paid content subscription we shall also offer 30 minutes of support per week within the price paid. It shall be your responsibility to book these in accordance with your availability, should sessions not be taken up they shall not be refunded or rescheduled.
    4.7 We require a minimum of 24 hours’ notice to reschedule a Planned Session. Where such notice is not provided, we reserve the right to charge for this rescheduled session and any expenses incurred as a result. We will endeavour to reschedule the session to meet your preferred date(s) and time(s), however we cannot guarantee this will be possible. This missed session may be taken out of your allotted inclusive support.
    4.8 Where you believe that you may be late to a Planned Session you must give us notice as soon as you become aware of any delay which may affect your session. We reserve the right to include this wasted time as part of your session and no refund or reduction in fees shall be given. We may at our discretion decide to waive this clause however our decision shall be final.
    4.9 Support is only available through written, telephone, video call or other remote advice, for scheduled visits these shall be specified as an extra and may be chargeable. We shall also charge our reasonable travelling time, mileage and expenses incurred.
    4.10 Time records shall be maintained by us and our decision shall be final. Our time is calculated in minimum units of 15 minutes for all work done, and shall be rounded up to the nearest 15 minute interval.
    4.11 Should you need any additional support this shall be chargeable as additional at our usual hourly rate in advance.
    4.12 We will endeavour to respond more quickly to urgent queries where possible, however cannot guarantee response times unless otherwise agreed in writing.
    4.13 Our support is based on general advice available at the time of giving such, we shall not be liable for any changes in regulations surrounding the paid content. We also do not guarantee any results should you rely on advice given, our support is for information only.
  4. Fees & Payment
    5.1 Unless otherwise stated in writing, we shall charge you our reasonable travelling time and travel expenses, accommodation, any incidental expenses for materials used and for third party goods and services supplied in connection with the Services.
    5.2 You will pay for any additional services (and additional expenses incurred as a result) provided that are not specified in the Agreement. These additional services shall be charged in accordance with our then current, applicable rate in effect at the time of the performance or such other rate as may be agreed.
    5.3 All sums payable by either Party are inclusive of any VAT, if applicable, or other taxes on profit (except corporation tax), for which that Party shall be additionally liable.
    5.4 you may be required to sign up to our direct debit payment service and payment shall be due on the 1st day of the month for that same month’s Services.
    5.5 Payment of the relevant fees, as detailed in our Quotation, are due in respect of all days or hours worked (or scheduled to work, but deferred or cancelled giving less than the required written notice).
    5.6 All payments shall be made in pounds sterling without any set-off, withholding or deduction except such amount (if any) of tax as you are required to deduct or withhold by law.
    The time of payment shall be of the essence. If you fail to make any payment on the due date then we shall have the right to suspend the Services and charge you interest on a daily basis at an annual rate equal to 8% above the base rate of the Bank of England from time to time on any sum not paid on the due date in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
  5. Client’s Obligations: you agree to:
    6.1 Give us such information, advice and assistance relating to the services as we may reasonably require within sufficient time to enable us to perform the Services in accordance with the Quotation.
    6.2 Appoint a primary contact to act as your representative to liaise with us in connection with the Services.
    6.3 If you fail to meet any of the provisions of this clause 6, without limiting our other rights or remedies, we shall: have the right to suspend performance of the Services until you remedy the default; not be held liable for any costs or losses sustained or incurred arising directly or indirectly from our failure or delay in performing any of our obligations as a result; and be entitled to claim for any costs or losses sustained or incurred by us arising directly or indirectly from your default.
  6. Delay & Abortive visits: Our price is based on being able to complete the services in the agreed number of hours over the period as detailed in the Agreement. Where you fail to provide us access to required information, or the agreed persons are not available, we reserve the right to recover any costs incurred by way of delay or abortive visits; if we are providing retained services, these hours shall be lost.
  7. Errors or Discrepancies: you shall be responsible for the accuracy of any information submitted to us. Our Quotation is based on the information provided to us at the time of preparing such Quotation. Should any errors or discrepancies become evident which affect our Quotation, we reserve the right to make any adjustments to it.
  8. Variation and Amendments
    9.1 If you wish to vary the services to be provided, you must notify us as soon as possible. We shall endeavour to make any required changes and any additional costs thereby incurred shall be invoiced.
    9.2 If, due to circumstances beyond our control, we have to make any change in the arrangements relating to the Services, we shall notify you immediately. We shall endeavour to keep such changes to a minimum and shall seek to offer you arrangements as close to the original as is reasonably possible in the circumstances.
    9.3 Any price increase necessitated as a result of an agreed variation or amendment shall be payable in accordance with clause 5.
  9. Cancellation or Rescheduling
    10.1 Should you cancel or reschedule the project management Services you shall be responsible for payment of our fees expended until the date of cancellation, including any administrative charges involved in the cancellation.
    10.2 Should you cancel or reschedule the online programme, you shall have your access to such revoked, and should you wish to reinstate such we shall be entitled to payment for 100% of our fees up front.
    10.3 We also reserve the right to levy reasonable cancellation charges, including but not limited to, any administration costs, procurement costs, loss of contract and loss of profit, against you and these shall fall due for payment immediately.
    10.4 Mentoring may be cancelled in accordance with clause 11.2.2 however no refunds shall be given for hours paid for but not used.
    10.5 We require a minimum of 24 hours’ notice to reschedule a Planned Session. Where such notice is not provided, we reserve the right to charge for the rescheduled session and any expenses incurred as a result. We will endeavour to reschedule the session to meet your preferred date(s) and time(s), however we cannot guarantee this will be possible.
    10.6 If, due to circumstances beyond our control, have to cancel or reschedule a Planned Session or Project, we shall notify you immediately. We shall endeavour to keep such changes to a minimum and shall seek to offer you arrangements as close to the original as is reasonably possible in the circumstances. If the session must be cancelled and cannot be rescheduled, we shall return all sums paid relating to the session within 14 days.
  10. Termination
    11.1 We shall be entitled to terminate this Agreement forthwith in the event that:
    11.1.1 You have failed to pay the Fees for a period exceeding 14 working days and fail or refuse to do so following the expiry of a written notice from us requesting such payment within 7 days;
    11.1.2 We give you 30 days’ written notice whereby there will be no continuing liability by either Party;
    11.1.3 you demand services which do not form part of the Services and which are not covered by this Agreement.
    11.2 you shall be entitled to terminate this Agreement:
    11.2.1 In the event that we fail, due to no fault of yours, to render the Services in a timely manner and in accordance with the terms of this Agreement.
    11.2.2 by giving us 30 days written notice of termination. In this event, any sums payable for the remainder of the term of this Agreement must be paid to us at the same time as notice to terminate is given.
    11.3 Either Party has the right to terminate the agreement immediately if the other:
    11.3.1 has committed a material breach of this agreement, unless such breach is capable of remedy, in which case the right to terminate immediately will be exercisable if the other Party has failed to remedy the breach within 14 days after a written notice to do so; or
    11.3.2 ceases, or threatens to cease, to carry on business, goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation), becomes subject to an administration order (within the meaning of the Insolvency Act 1986), or a receiver is appointed in respect of the whole or any part of its assets.
    11.4 In the event of termination, we shall retain any sums already paid to us without prejudice to any other rights we may have whether at law or otherwise, and all payments required under this Agreement shall become due and immediately payable.
    11.5 With the exception of payment, any and all obligations of the Parties which by their nature continue beyond the termination, cancellation or expiration of this Agreement, shall survive termination under this clause 11 on a pro-rata basis.
  11. Confidentiality
    12.1 Each party shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed by one party to the other. Each party shall restrict disclosure of such confidential material to such of its employees as need to know the same for the purpose of discharging its obligations under the Contract and shall ensure that such employees are subject to corresponding obligations of confidentiality.
    12.2 This clause 12 shall survive termination of the Contract, however caused.
  12. No employment: Nothing in this Agreement shall render or be deemed to render us an employee or agent of yours or you an employee or agent of ours.
  13. Assignment and Sub-Contracting: you shall not be entitled to assign the benefits under the Agreement.
    We may sub-contract the performance of any of our obligations under the Agreement without your prior written consent. However, we shall be responsible for every act or omission of the sub-contractor as if it were an act or omission of our own.
  14. Documentation: We include for any documentation to be submitted in our normal standard format only. If specific requirements are needed, we reserve the right to apply additional charges. We shall retain title to the documentation until all payments as detailed above have been paid in full.
  15. Liability and Indemnity
    16.1 We will provide, to the best of our knowledge, advice, guidance and best practice based on the information provided by you. It is your responsibility to make the decisions based on the advice given.
    16.2 We shall not be liable for any costs related to our advice or guidance should you decide to take our professional advice
    16.3 We shall not be liable for any adverse consequences where you have withheld information necessary for us to provide professional advice.
    16.4 It is imperative that we are kept informed of any changes within the business that may or may not have an effect on your requirements, legal or otherwise. Should this information not be forthcoming, or our requests for information not be responded to, we shall have no liability whatsoever for any effects on your business’ requirements for which we have not been made aware or had no response to requests and have the right to terminate the contract forthwith without any financial or other liability to us whatsoever.
    16.5 We shall not be liable for any indirect or consequential loss, loss of business, profit, revenue, data or goodwill, nor for lost or wasted management time or employee time.
    16.6 Except in respect of death or personal injury caused by our negligence, we will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained herein, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our servants or agents or otherwise) in connection with the performance of our obligations under the Agreement.
    16.7 In the event of a breach by us of our express obligations under these Terms and Conditions, the remedies will be limited to damages, which in any event, shall not exceed the fees and expenses paid by you for the Services in the 12 months preceding such.
  16. Force Majeure: Neither Party shall be liable for any failure or delay in performing their obligations under the Agreement where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: illness, power failure, internet company failure, industrial action, civil unrest, fire, flood, storms, pandemics or epidemics, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
  17. Copyright:
    18.1 We reserve all copyright and any other rights (if any) which may subsist in the provision of the Services. We reserve the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.
    18.2 Provided full payment under the contract is made in full, we will grant a non-exclusive licence to you to copy any documents or materials provided by us as part of work wholly commissioned by you provided that distribution of any such copies is exclusively within your organisation, and where a branch of your organisation is specified in the Agreement, this non-exclusive licence shall be granted solely to the branch specified therein.
    18.3 You warrant that any document or instruction furnished or given shall not cause us to infringe any letter patent, registered design or trade mark in the execution of these services and shall indemnify them against all loss, damages, costs and expenses awarded against or incurred by them in settlement of any such claim for infringement which results from our use of your information.
  18. No Waiver: No failure or delay by either Party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
  19. Severance: The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (and the Agreement, as appropriate). The remainder of these Terms and Conditions shall be valid and enforceable.
  20. Notices: Notices shall be deemed to have been duly received and properly served 24 hours after an email is sent, or three working days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that it was properly addressed to the address provided, stamped and placed in the post and in the case of an email, that it was sent to the specified email address of the addressee.
  21. Third party rights: A person who is not a party to the Agreement shall have no rights under or in connection with it.
  22. Data Protection: Both parties agree to comply with all applicable data protection legislation, including but not limited to the Data Protection Act 2018 and any subsequent amendments thereto.
  23. Law and Jurisdiction: These Terms & Conditions and the Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by and construed in accordance with the laws of England & Wales.
    24.1 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions or the Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

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CONTACT ADDRESS
Get Stuff Made
Ringstead Business Centre, 1-3 Spencer Street
Ringstead
Kettering
NN14 4BX
UK

GENERAL INQUIRIES
demi@getstuffmade.co.uk