Terms and Conditions

General Overview

These terms and conditions apply to any work performed by McKay Consulting (“us”, “we”, “ourselves”, “the Consultant”) done on behalf of the Client (“you”).

  • We will provide compliance and data protections services as defined in the quotation and any associated paperwork provided by us, and agreed upon (in writing) by the Client and ourselves.
  • The Client is under no obligation to offer us work; neither are we under any obligation to accept work offered by the Client.
  • The work will be carried out both at the Client’s premises and at locations of our choosing. On-premise work will take place at times agreed between the Client and us.
  • We confirm that McKay Consulting staff are self-employed, are responsible for their own income tax and National Insurance contributions, and will not claim benefits granted to the Client’s employees.
  • McKay Consulting is not VAT-registered.
  • The contract of service requires that the Client acknowledges, in writing, that they have read, understood and agreed to these terms and conditions.

Project Terms

Prior to commencement of the work, the Client and ourselves will agree, in writing, to the terms of the project:

  • The expected length of time required to complete the project, as advised by us
  • A fee for the project, based on a quotation supplied by us, in writing, following our assessment of the scope of the project and the time frame required to complete the job
  • Any expenses (e.g. mileage, anti-social hours) that the Client will bear in addition to the costs of the compliance and data protection work items
  • Tell you who it is shared with
  • The commencement date of the project

Please note that if, on commencement of the project (or at an early stage), it becomes apparent that significantly more work is required than had been anticipated in the preliminary discussions, assessment and scoping, we may renegotiate the fee and/or the deadline, or decline to carry out the work.

Fees

As agreed upon by the Client and us, the Client will pay us a fee per hour, OR per day, OR an agreed flat fee for the work.

  • Once the fee is agreed it is non-negotiable. If additional work is added or discovered or revealed during the course of the work the fee can be, at our discretion, renegotiated. In this case, a revised quotation and completion date will be negotiated.
  • Unless otherwise agreed, we will invoice the Client immediately upon completion of the project.
  • Unless otherwise agreed at the outset, payment must be made within 30 days of receipt of the invoice.
  • Under the terms of the Late Payment of Commercial Debts (Interest) Act 1998, we reserve the right to charge interest and compensation should payment exceed 30 days.

Deposits

  • At our discretion, we may require a deposit of 45% from new clients.
  • At our discretion, we may require a deposit of 25% from existing clients.
  • Deposit payments are due upon receipt of the deposit invoice.
  • If a deposit is required, the agreed project schedule will not be fixed until the deposit amount is received.
  • All deposits are non-refundable.

Cancellation Policy

  • The Client is free to cancel a service for any reason by providing us with written notice (including email); we must acknowledge this cancellation in writing (including email) for this to be valid.
  • The Client will remain obligated to pay a fee proportionate to the amount of work already completed (if any) if this amount is larger than the deposit paid.
  • We may cancel a project at any time for any reason by providing written notice (including email) to the Client. In the unlikely event that we cancel a project, we will provide a prorated refund of any overages of fees paid (including the deposit, excluding banking and admin fees).
  • If in the unlikely event that the Client is touched by extraordinary or difficult circumstances that cause cancellation or delay (e.g. family crisis, illness, pandemic etc.), the Client should contact us to discuss the terms of the cancellation policy. we aim to be fair and helpful at all times.
  • If we are touched by similar extraordinary or difficult circumstances that cause cancellation or delay, we will contact the Client in writing at the earliest opportunity and do our best to renegotiate the time frame of the project.

Confidentiality

  • The Client’s files will be kept confidential and will not be shared with anyone (other than the Client’s contractors, if necessary, with prior written permission).
  • We will happily sign a non-disclosure agreement (NDA). If you do not have an NDA already drafted we can provide a template for this, wherein all terms are gauged in favour of the Client.
  • Upon payment of our invoice(s) ownership of all of the policies, procedures and other material created by us during the performance of the project is transferred to the Client. The Client will then retain all intellectual property rights.
  • To see how we process and safeguard your personal data, please see our Privacy Policy.

This agreement is subject to the laws of England and Wales, and both the Client and McKay Consulting agree to submit to the jurisdiction of the English and Welsh courts.

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In case you haven’t found the answer to your question please feel free to contact us, we will be happy to answer any questions.