BY WORKING WITH FEARLESS KIWI LIMITED AND/OR VISITING FEARLESS.KIWI, YOU ARE CONSENTING TO THESE TERMS AND CONDITIONS.
The terms "I," "my," “we,” “us,” and “our” refer to Fearless Kiwi Limited. The term the “Site” refers to fearless.kiwi. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. I provide strategic, creative, technology, consulting services and digital services, courses and products (the “Service”).
Use of fearless.kiwi, including all materials presented herein and all online services provided by Fearless Kiwi Limited, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site and our business. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them. You also agree to these terms when you approve a Fearless Kiwi Limited quote.
USE OF THE SITE AND SERVICE
To engage my services and/or access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using my Services and the Site.
Information provided on the Site and in the Service related to Strategy, Creative and Technology solutions and other information are subject to change. Fearless Kiwi Limited makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Fearless Kiwi Limited disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
The services which I provide for you are outlined in the appropriate section of my Site or in my digital quote, and are accepted by you before I commence any work and/or provide any files to you.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Fearless Kiwi Limited will always be accurate, correct, and up to date.
You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to my acceptance of your order or requests. I reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by me until my fees have been approved and/or payment has been processed. I may at any time change or discontinue any aspect or feature of the Site or Service, subject to me fulfilling me previous responsibilities to you based on acceptance of your payment.
I will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform me as soon as possible.
The fees which I will charge or the manner in which they will be arrived at, are set out in my quote and/or letter of engagement.
If my quote and/or letter of engagement specifies a fixed fee, I will charge this for the agreed scope of my services. Work which falls outside that scope will be charged on an hourly rate basis. I will advise you as soon as reasonably practicable if it becomes necessary for me to provide services outside the agreed scope and if requested, give you an estimate of the likely amount of the further costs.
Where my fees are calculated on an hourly basis, these rates are available on request. Differences in those rates reflect the experience and specialisation of me and/or my professional team. Hourly rates are regularly reviewed and may be amended from time to time without reference to you. Time spent is recorded in 6 minute units, with time rounded up to the next unit of 6 minutes.
Disbursements and expenses:
Payments may have to be made to other people for work to be done, for example, proofing fees, search fees, support fees, agency fees, service fees and similar payments (called disbursements). I cannot pay these amounts on your behalf unless I first receive payment from you. I reserve the right to ask you either for the specific amount or for an approximate amount to cover these expenses. This will ensure that I am not out of pocket.
If I instruct any other person, I reserve the right to require payment of that person’s estimated fees beforehand and you authorise me to make payment to that person from the money paid into my bank account. By instructing that person, I am obligated to pay that person’s fees and accordingly I require protection for payment. I may require you to enter into a payment arrangement directly with that party.
I charge an additional office expense fee calculated at 5% of my fee to cover photocopying, phone calls, in-house printing, postage and other incidental office expenses, unless stated otherwise.
VAT (if any):
VAT is payable by you on my fees and charges.
I may send interim invoices to you, usually monthly and on the completion of the matter or termination of our engagement. I may also send you an invoice when I incur a significant expense.
Projects are often billed a minimum of 50% in advance of commencing work. Invoices are payable within 14-days of the date of the invoice, unless alternative arrangements have been made with me. I may require interest to be paid on any amount which is overdue. Interest will be calculated at the rate of 12% per month. All costs in relation to the collection of overdue accounts will be added to your account.
I may ask you to pre-pay amounts to me, or to provide security for my fees and expenses.
Although you may expect to be reimbursed by a third party for my fees and expenses, and although my invoices may at your request or with your approval be directed to a third party, you will nonetheless remain responsible for payment to me if the third party fails to pay me.
You may terminate my retainer or ongoing work at any time with 30 days notice.
I may terminate my retainer or ongoing work at any time with 30 days notice.
If my retainer is terminated you must pay me all fees due up to the date of the termination and all expenses incurred up to that date.
CANCELLATIONS, REFUNDS & RETURNS
What I provide is a lot of intellectual content via emails, videos, and other online content and as such, taking a return isn’t exactly possible. However, if you feel like you didn’t get what was promised, I will do everything I can to make it right.
If you are dissatisfied with any of my products or services, please contact me and let me know. You can cancel at any time with 30-days notice. I can’t give you your money back after you’ve paid for work.
RETENTION OF FILES, DOCUMENTS, RECORDS AND INFORMATION
I will keep a record of all important documents which I receive or create on your behalf on the following basis:
I may keep a record electronically and destroy originals. Wherever possible I will return the originals of all other documents to you.
At any time, I may dispose of documents which are duplicates, or which are trivial (such as emails which do not contain substantive information), or documents which belong to me.
I am not obliged to retain documents or copies where you have requested that I provide them to you, or to another person, and I have done so. However, I am entitled to retain copies for my own records if I wish to do so.
I will provide to you on request copies or originals (at my option) of all documents to which you are entitled under the Privacy Act or any other law. I may charge you my reasonable costs for doing this.
Where I hold documents that belong to a third party, you will need to provide me with that party’s written authority to uplift to obtain a copy of that document.
Unless you instruct me in writing otherwise, you authorise and consent to me (without further reference to you) destroying (or deleting in the case of electronic records) all documents held by me seven (7) years after our engagement ends, or earlier if I have converted those documents to an electronic format (other than any documents that I hold in safe custody for you or are otherwise obliged by law to retain for longer). I may retain documents for longer at my option.
I own copyright in all documents or work I create in the course of performing the products and services, but grant you a non-exclusive licence to use and copy the documents as you see fit for your own personal or commercial use. However, you may not permit any third party to copy, adapt or use the documents without my written permission.
I endeavour to describe and display the Service as accurately as possible. While I try to be as clear as possible in explaining the Service, please do not accept that the Site is accurate, current, or error-free. From time to time I may correct errors in pricing and descriptions. I reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT DIRECTLY TO ME AND/OR TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
I claim no intellectual property rights over the material you supply to Fearless Kiwi Limited. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Fearless Kiwi Limited remains yours to the extent that you have any legal claims therein. You agree to hold Fearless Kiwi Limited harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material to me and/or on the Site, you grant me a worldwide, non-exclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
MY INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Fearless Kiwi Limited, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without my prior written consent. I reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy. Regarding any work I create for you, you grant me a worldwide, non-exclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
I will hold in confidence all information concerning you or your affairs that I acquire during the course of acting for you. I will not disclose any of this information to any other person except:
(a) To the extent necessary or desirable to enable me to carry out your instructions; or
(b) To the extent required by law.
Confidential information concerning you will as far as practicable be made available only to those within my firm who are providing our services for you.
CONFLICTS OF INTEREST
I have procedures in place to identify and respond to conflicts of interest. If a conflict of interest arises I will advise you of this.
DUTY OF CARE
My duty of care is to you and not to any other person. Before any other person may rely on my advice, I must expressly agree to this.
Most of my products and services are online in nature and are delivered via electronic download, email, participation in online forums and links to hosted videos and other premium content. If ever there is a time when you don’t receive your product or service, just contact me and I’ll make sure you get what you need.
DATA & SECURITY
Everything is done to avoid any slowdown or unexpected downtime of the services, but it is not possible to guarantee these slowdowns, or to foresee any downtime. No network or server problem or any other breakdown can be covered under any warranty. No repayment can be considered for any break or stop of the services, damage or data loss except under extreme circumstances where any such outage lasts beyond seven (7) consecutive days, in which case, a pro rata refund may be offered at the sole discretion of Fearless Kiwi Limited. Several systems have been set up to ensure security of the content.
Use of your personal data
CHARGES & CUSTOMER SERVICE
All credit card or other charges will appear as:
Fearless Kiwi Limited
Amelia House, Crescent Road, Worthing, West Sussex, BN11 1RL.
You may contact me via email at: Will at Fearless dot Kiwi
I may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by me posting the new Terms and Conditions on this Site. Any use of the Site or Service by you means you accept these amendments. I reserve the right to update any portion of my Site and Service, including these Terms and Conditions, at any time. I will post the most recent versions to the Site and list the effective dates on the pages of my Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL I FACE DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF MY SITE OR PRODUCTS OR SERVICES. ADDITIONALLY, FEARLESS KIWI LIMITED, AND ITS OFFICERS AND EMPLOYEES, IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) FAILURE, PERFORMANCE, ERROR, OMISSION, DENIAL OF ATTACK, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF FEARLESS KIWI LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE COUNTRIES OR STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, MY LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL FEARLESS KIWI LIMITED'S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM FEARLESS KIWI LIMITED, AND IF NO PURCHASE HAS BEEN MADE BY YOU FEARLESS KIWI LIMITED'S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED £100.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that I am not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Fearless Kiwi Limited. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold me harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide me with such assistance, without charge, as I may request in connection with any such defence, including, without limitation, providing me with such information, documents, records, and reasonable access to you, as I deem necessary. You shall not settle any third party claim or waive any defence without my prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Fearless Kiwi Limited pertaining to the Site and Products and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Fearless Kiwi Limited shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Fearless Kiwi Limited.
All notices, requests, demands, and other communications under this Agreement shall be via electronic mail to [email protected]
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of England as applied to contracts that are executed and performed entirely in England. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in England courts. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms apply to any current engagement and also to any future engagement, whether or not I send you another copy of them.
I am entitled to change these Terms from time to time, in which case I will send you another amended Terms.
My relationship with you is governed by United Kingdom law.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licenceable, or otherwise transferable by you. Any assignment, delegation, or sublicense by you is invalid.
25 February 2022