Terms and Conditions
Although I envisage limited possibility of a dispute, nonetheless disputes in any contract can sometimes occur. I therefore urge you read these terms and conditions carefully because they will provide point of reference in the event of a dispute.
When you hire me to carry out any of the services listed on this site you are entering into contract with me based on the following terms and conditions.
- Contract: You shall send a written confirmation, by email or otherwise, to me before work can begin in which you will outline the work to be done, the budget and the completion date. This document will constitute a contract.
- Payment: I will provide you with a quotation depending on the nature of the work and this will be agreed in advance prior to the commencement of the work. Any other additional costs will be agreed in advance.
- Terms of Payment: I will invoice the work once the nature of the work to be carried out, budget and the deadline have been agreed. A deposit of 30% will be required prior to commencement of work unless agreed otherwise in writing. Payment will be made by cheque to the payee and address shown on the invoice. You can also make direct bank transfer or electronic funds payment provided you have taken necessary steps to obtain from me the details required to facilitate this. The remainder of the payment will be done on the signing out day unless otherwise agreed in writing and in advance.
- Cancellation: Should you decide not to proceed with the work after I have issued the invoice you will need to make a payment of 10% of the quoted sum in order to cover the cost of the preparation work. This payment must be made on the date of cancellation.
- Late Payment: I will reserve the right to charge interest of 9% plus add any bank charges that might apply if I have not received payment on the due dates.
- Work brief: To avoid ambiguities, a written and detailed brief for the work to be undertaken should be provided. The budget quotation will be based on this and not on any other, expressed verbally or implied, briefing. The brief should clearly state expected deliverables and measuring criteria.
- Signing Off: Signing off on completion of the work indicate agreement that the deliverables have been achieved and contract fulfilled.
- Financial guarantee: Only seek my services and enter into contract when you are certain of your finances or source of funds and not when you are still waiting to get donor confirmation about availability of funds or you are about to discontinue your operations or about to enter into liquidations or receivership.
- Subcontracting: You will accept that there may be times that I may call upon the service of other competent professionals within my profession, as dictated by the nature of the work to be carried out and the timescale, to assist me to deliver all or part of the work you have commissioned me to do. I will endeavour to review and check the work before it is delivered to you to ensure quality and fulfilment of the contract.
- Liability: You will indemnify me against any claims or proceedings brought against me based upon the work that you have commissioned and I have carried out for you and which you wholesomely approved and signed for when delivered. In addition, I will not be liable to any claims, loss of profit and performance or otherwise arising in any way in connection to the work you commission.
- Copyright: I will hold intellectual property rights and copyrights for any material produced in course of this contract. You are however free to request written permission from me to assign the material elsewhere for a fee.
- Which Law: If we enter any agreement it will be subject to the Laws of Malawi and that both parties agree to submit to the jurisdiction of the courts in respect of any dispute that might arise in this contract.
Please contact me should you feel the need to discuss any part of these terms.