This website (the "Site") is owned by Andy McAuley. and any access to this Site is governed by these terms.
This Agreement governs any use of the Site.
The website is made up of various web pages, which I operate. The website is offered to you conditional on your acceptance of these General Terms and Conditions and any notices contained in these General Terms and Conditions and the website itself. Please read these General Terms and Conditions carefully before you start to use the website. By using the website, you agree to all these terms, conditions, and notices.
- Andy McAuley.
General
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions.
If these terms are not accepted in full, you do not have permission to access this Site and therefore should cease using the Site immediately.
If there is any conflict between these terms and rules and/or specific terms of use appearing on this Site relating to specific material, then the latter shall prevail.
While I am more than happy to discuss working with you, you agree that no joint venture, partnership, employment, or agency relationship exists between you and andymcauley.co.uk as a result of this Agreement or your use of the website.
My performance of this Agreement is subject to existing laws and legal process.
Nothing contained in this Agreement is in derogation of my right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by us with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the warranty disclaimers and liability limitations set out below, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.
Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the website and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the website.
You must not assign or otherwise transfer the General Terms and Conditions, or any right granted under them, without my written consent. andymcauley.co.uk can freely transfer our rights under the General Terms and Conditions.
Any failure by me to enforce or exercise any provision of the General Terms and Conditions, or any related right, will not be a waiver of that provision or right. Any rights not expressly granted in this Agreement are reserved.
andymcauley.co.uk may provide you with notices, including those regarding changes to the General Terms and Conditions, by email, regular mail, postings on the Website, or other reasonable means now known or developed in the future.
A printed version of the Agreement, and of any notice given in electronic form, will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.
Intellectual Property
All copyright, database rights and other intellectual property rights in the material on this Site (the "Content") belong to andymcauley.co.uk. Individuals who access and/or use this Site will not obtain intellectual or other proprietary rights in the Content.
You may print or download content from this Site to a local hard disk or other electronic storage medium for your personal use only.
You may not otherwise copy, distribute, sell or publish any of the Content of the Site, or of the subscription products and services provided by andymcauley.co.uk, without prior written permission.
Liability & Limitation
Except in the event of death or personal injury caused by my negligent acts or omissions, andymcauley.co.uk shall not be liable in any way for any damages arising in contract, tort (including negligence) or otherwise in respect of loss or damage arising out of or in connection with your use of the Site. In no event will andymcauley.co.uk be liable for any direct, indirect or consequential damages in contract or tort (including negligence), including loss of profit, loss or damage to property or relating to claims made by third parties.
The website and some of the articles on the website contain links to other resources and businesses on the Internet. I provide these citations and aids to help you identify and locate other Internet resources that may be of interest. The citations do not mean that I sponsor, am affiliated to or associated with, or legally authorised to use, any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol in the links. andymcauley.co.uk is not responsible for the material on such third party sites, links to which are provided solely as a convenience.
In addition, I am not responsible for any loss, injury, claim, liability, or damage (“Loss”) related to your use of any website linked to the Website ("Linked Website") including if this Loss (i) arises from errors or omissions in the content of any Linked Website, or (ii) is as a result of any Linked Website being down or (iii) arises from any other use of any Linked Website. Your use of any linked Website is at your own risk.
I use reasonable endeavours to ensure the accuracy and completeness of all the information on the Site. However, you should always check any information on the Site before making any decisions based on that information.
I use reasonable endeavours to ensure that all links to third party websites, as provided in my electronic subscription products and services, are accurate at the time of delivery but make no claims as to their continuing accuracy, this being outside of andymcauley.co.uk’s control. Whilst I endeavour to ensure that all opportunities I publish are genuine day-rate non-agency contracts I cannot guarantee this to be the case or to guarantee that published roles are still open to applications.
I endeavour to ensure that this Site is accessible 24 hours a day. However, I will not be liable for any costs, expenses, losses or liabilities that you, your business or any other person may suffer if this Site is unavailable at any time or if your access to the website is interrupted, restricted or delayed for any reason.
Service Delivery
My services are supplied for individual clients (the "Client") by agreement as a business-to-business service, for use only by the Client. Any sharing of the product to a non-registered email address or non-registered user shall be considered a breach of these terms.
My fee is negotiable on a per client basis, taking into consideration project timeframe, working times, need to travel, etc.
Unless we agree to the contrary, in writing, any delivered services will be invoiced on a monthly basis, and the Client should pay invoices raised within 30 days. No liability shall be accepted by andymcauley.co.uk for any non-delivery which is caused by failure by the Client to adhere to the agreed payment scheme.
Subscription, Renewals and Cancellations
andymcauley.co.uk offers an on call service plan for an annual or monthly fee. andymcauley.co.uk shall provide subscribed Clients with of 1 free hour per month of on-call support. Any further on-call support in the monthly period will be charged at a reduced rate for subscribed clients.
From time to time, andymcauley.co.uk may offer different subscription terms, and the membership fees for such subscriptions may vary.
Annual plans will automatically renew on the annual anniversary and on an annual basis unless cancelled by you with at least one month's notice. Monthly plans will automatically renew on the monthly anniversary and on a monthly basis unless cancelled by you.
Unless you notify me before the renewal date of your membership that you want to cancel, your subscription will automatically renew and you authorise me (without notice to you) to collect the then applicable membership fees, using any valid payment source that andymcauley.co.uk have on record for you.
A subscription shall be deemed to be cancelled, and no further monies taken, following either cancellation by the subscriber of the instigated payment mechanism, or via written notification to andymcauley.co.uk.
No Unlawful or Prohibited Use
As a condition of your use of the website, you warrant to me that you will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions and notices. You must not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
Variation of Terms
andymcauley.co.uk may change the Site or these terms at any time. If you use the Site after andymcauley.co.uk has changed the terms you will be bound by the new terms.
Jurisdiction
These terms shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in connection with the same shall be exclusively subject to the jurisdiction of the courts of England and Wales.
Applicable Law
These General Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales.