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Here at Pink Sands Global,
Transparency is our guiding star.
Just as the crystal-clear waters reveal the hidden wonders of the deep, we believe in revealing every aspect of our partnership to our cherished clients. That’s why we make all our agreements and policies readily available for your perusal.
Like the serene beachfront at sunrise, our commitment to openness shines through, ensuring that you have a clear view of our journey together.
Have a look below, and let us know if you want any clarification.
If you have any questions, queries or something to report or change please email support@pinksandsglobal.com
This privacy policy applies between you, the User of this Website, and Amber Dyer and Joanna Dyer trading as Pink Sands Global, the owner and provider of this Website. Amber Dyer and Joanna Dyer trading as Pink Sands Global takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.
This privacy policy should be read alongside, and in addition to, our Terms and Conditions, which can be found at: https://pinksandsglobal.com/policies/
Please read this privacy policy carefully
Data | collectively all information that you submit to Amber Dyer and Joanna Dyer trading as Pink Sands Global via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws; |
Cookies | a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies); |
Data Protection Laws | any applicable law relating to the processing of personal Data, including but not limited to the;GDPR, and any national implementing and supplementary laws, regulations and secondary legislation; |
GDPR | the UK General Data Protection Regulation; |
Amber Dyer and Joanna Dyer trading as Pink Sands Global, we or us | Amber Dyer and Joanna Dyer trading as Pink Sands Global of 6 Leigh Farm Cottages, Somerset, BA98LE |
UK and EU Cookie Law | the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 & the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2018; |
User or You | any third party that accesses the Website and is not either (i) employed by Amber Dyer and Joanna Dyer trading as Pink Sands Global and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Amber Dyer and Joanna Dyer trading as Pink Sands Global and accessing the Website in connection with the provision of such services; and products |
Website | the website that you are currently using, www.pinksandsglobal.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions. |
in each case, in accordance with this privacy policy.
in each case, in accordance with this privacy policy.
in each case, in accordance with this privacy policy.
in each case, in accordance with this privacy policy.
online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
Type of Cookie | Purpose |
Strictly necessary cookies | These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services. |
Analytical/performance cookies | They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. |
Functionality cookies | These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region). By using the Website, you agree to our placement of functionality cookie. |
Targeting cookies | These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose. |
deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.
You may contact Amber Dyer and Joanna Dyer trading as Pink Sands Global by email at support@pinksandsglobal.com
This privacy policy was created on 20 January 2022
This privacy policy was updated on 28 November 2022
Type of Cookie | Purpose |
Strictly necessary cookies | These are cookies that are required for the operation of the Website. They include, for example, cookies that enable you to log into secure areas of the Website, use a shopping cart or make use of e-billing services. |
Analytical/performance cookies | These cookies allow us to recognise and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily. |
Functionality cookies | These are used to recognise you when you return to our Website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region). By using the Website, you agree to our placement of functionality cookies. |
Below is a list of the cookies that we use. We have tried to ensure this is complete and up to date, but if you think that we have missed a cookie or there is any discrepancy, please let us know.
Cookies that we use on the Website:
Strictly necessary cookies
We use the following strictly necessary cookies
Functionality cookies
We use the following functionality cookies
Analytical/Performance cookies
We use the following analytical/performance cookies
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), Amber Dyer and Joanna Dyer t/a Pink Sands Global, the owner and operators of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Amber Dyer and Joanna Dyer t/a Pink Sands Global and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Amber Dyer and Joanna Dyer t/a Pink Sands Global and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Amber Dyer and Joanna Dyer t/a Pink Sands Global is under no obligation to update information on the Website.
part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
You can contact Amber Dyer and Joanna Dyer t/a Pink Sands Global by email on support@pinksandsglobal.com
Pink Sands Global is an executive non-departmental business. We were established in 2020, which regulates itself using the Society of Virtual Assistants Framework, placing controls on standards of online working.
Our intention at all times is to deal with people fairly and properly. If you feel that we have not met that standard, please let us know. Where there is reason to believe our conduct has fallen short, we want to be able to resolve any issues and learn from what has happened so that we can continuously improve.
This document explains how Pink Sands GLobal deals with complaints about its conduct from all external parties, such as members of the public and parties to qualifying contracts or sub-contracts.
This policy does not cover complaints made by an external party relating to the conduct of the Society of Virtual Assistants. If you wish to comment on the performance or behaviour of the Society of Virtual Assistants, you should raise it directly with them, using their own complaints procedure.
2. What is a complaint?
We will treat any expression of dissatisfaction about our conduct as a complaint. However, we ask you to contact us in writing as set out in the next section, so that we can consider the matter properly.
This policy covers complaints about:
It may be the case that we receive correspondence that in our view does not fall under our definition of a complaint or does not raise any issue that calls for in depth investigation. This may apply, for instance, to:
The policy does not cover matters that are subject to separate procedures, which include the following:
Pink Sands Global’s contact details are available on our website. A complaint may be emailed support@pinksandsglobal.com, or our contact form.
It will help us to deal quickly and fully with your complaint if you can state that you are making a complaint, set out your concern in writing as clearly as possible, and provide your contact details.
4. What you can expect from us when handling a complaint
Our policy is to take legitimate complaints seriously and deal with them according to the procedures set out in this policy.
Our service standards
We aim to deal with complaints promptly and sensitively, and be courteous and helpful at all times. We would hope, too, that you will be courteous and fair in your dealings with our staff at all times. All complaints received will be dealt with confidentially and in accordance with the requirements of the UK General Data Protection Regulation.
We will keep full and accurate records of all complaints we receive so that we can monitor the types of problems reported to us, the best way to resolve them and how long we are taking to deal with complaints. This also helps us to take a closer look at how we can improve in the future.
If you make a complaint, we will investigate it thoroughly and impartially, without discrimination or prejudice. We aim to resolve matters as promptly as we can, but if a complaint gives rise to serious issues, we may need to take extra time in order to investigate it fully and properly so that, wherever we can, we resolve the issue first time and learn from it and make improvements.
We will ensure that all decisions we make are proportionate, appropriate and fair given the circumstances of each individual complaint.
Stage one
If you have supplied your contact details, we will send an acknowledgment of your complaint within 24 hours. Your complaint will then be passed to an appropriate person who was not involved in the events which led to the complaint and who is in a position and has the relevant experience to consider the complaint. We will aim to respond as soon as possible, and in any event within 10 working days. We may need to contact you to ask for more information or clarity before making a final response.
When we provide you with a final response, we will clearly set out the steps we took in investigating the complaint along with our views and reasons for this. Where we identify mistakes in our approach we will acknowledge those mistakes, set out details of remedial steps or changes we think are appropriate in the circumstances, and explain what we will do to prevent the problem from reoccurring. We will also indicate your right to request a review of your complaint if you are not satisfied with our response.
Stage two
We expect most complaints to be resolved at stage one. However, if you consider the response you have received is not fair or appropriate, you may contact us to request a review of your complaint by another member Pink Sands Global. You should do this within 20 working days of receiving a stage one response unless there is special reason for doing so later.
We will acknowledge your request to review the complaint within 24 hours of receipt. Again, we may need to contact you to ask for more information or clarity before making a final decision. We will aim to respond within 10 working days of receipt.
Extending time limits
We aim to complete all complaints within the timescales above; however, if a complaint is very complex it may occasionally be necessary to extend the time limit. If this is the case, we will keep the complainant informed of progress with the investigation, the reasons for the delay, and the new deadline.
6. Other information
The Pink Sands Global Team is informed of any complaints received about its staff at each meeting.
Pink Sands Global welcomes any comments or suggestions about our complaints procedure, to make sure it operates as efficiently and effectively as possible. Please send any comments to us by email or form.
Policy Created: 01.12.22
[Your organization’s name] is committed to:
We are aware of some areas on the website where we could improve accessibility. We are currently working to achieve this. We hope that this website will achieve [Level A/AA] conformance to the Web Content Accessibility Guidelines (WCAG) [2.0/2.1] by [deadline for conformance].
Please see the next section for a table that documents our current areas for improvement, along with. Description of the features we have added to remediate these problems.
Website Section | Improvement Needed | Timeline for improvement | Completion Date & Notes | Alternative Access |
[What area is not in compliance] | [What is needed to fix or remediate] | [What is needed to fix or remediate] | [If completed, document date and any notes] | [Who to contact or complain to if the user has this issue] |
We welcome feedback on the accessibility of this website.
[First feature, such as font choice and size]
[Optional Description of how this feature can help users]
[Another feature, such as Heading Structure or Alt Text]
[Optional Description of how this feature can help users]
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
This Agreement is made on the date of the last signature below, as negotiated herein, is entered into by and between:
1. Amber Dyer and Joanna Dyer trading as Pink Sands Global of Somerset, UK (the supplier); and
2. of (the customer)
MEANINGS:
Agreement | this agreement for the provision of the Services (as defined below) including any schedules; |
Confidential Information | in relation to either party, any information (whether or not stated to be confidential or marked as such) which that party discloses to the other, or which the other party obtains from any information disclosed to it by that party, either orally or in writing or by any other means, under or in connection with this Agreement; |
Deliverables | all documents, items, plans, products, goods and materials supplied by the Supplier, including any methodologies, ideas, designs, computer programs, data, disks, tapes, and reports, in whatever form, which are developed, created, written, prepared, devised or discovered by the Supplier or its agents, sub-contractors, consultants and employees in relation to the Services; |
Effective Date | Date of last signature applied |
Assets | any images, brand kits, system logins, or copy requested or used directly or indirectly in the supply of the Services, by the Supplier or its subcontractors; |
Intellectual Property Rights | any invention, patent, utility model right, copyright and related right, registered design, unregistered design right, trade mark, trade name, internet domain name, design right, design, service mark, database rights, topography rights, rights in get-up, rights in goodwill or to sue for passing off and any other rights of a similar nature or other industrial or intellectual property rights owned or used by the Supplier in any part of the world whether or not any of the same is registered (or capable of registration), including applications and the right to apply for and be granted, extensions or renewals of, and rights to claim priority from, such rights and all equivalent or similar rights or protections which subsist now or will subsist in the future; |
Services | the services which are set out and described in Schedule 1 of this Agreement, together with any other services which the Supplier provides or agrees to provide to the Customer through the change control procedure set out below (Change Control) |
Service Charges | the charges for the Services, which are set out in Schedule 2 of this Agreement; |
Specification | the description or specification for the Services as set out in Schedule 1 of this Agreement or as otherwise agreed between the parties through Change Control; |
Working Day | any day other than a Saturday, Sunday or public holiday in |
PROVISION OF SERVICES
as specified in Schedule 1.
CUSTOMERS OBLIGATIONS
DEFECTIVE SERVICES
CHARGES, PAYMENTS AND TIME RECORDS
CHANGE CONTROL
INDEMNITY
LIABILITY AND INSURANCE
CONFIDENTIALITY
INTELLECTUAL PROPERTY
reserves the right to take such action as may be appropriate to restrain or prevent the infringement of such Intellectual Property Rights.
DATA PROTECTION
ANTI-BRIBERY
CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY
TERMINATION
CONSEQUENCES OF TERMINATION
GENERAL
GOVERNING LAW AND JURISDICTION
The parties have signed this Agreement on the date(s) below:
Name:
Agreement Completed By:
Signature:
Date:
SCHEDULE 1 SPECIFICATION OF SERVICES
Service | Description |
SCHEDULE 2 CHARGES
Charges | Frequency | Payment Schedule |
ANNEX 1
CANCELLATION FORM
To Pink Sands Global of Somerset, UK [support@pinksandsglobal.com]
I/we* hereby give notice that I/we* cancel my/our* contract of sale for the supply of the following services:
……………………………………………………………………………………………………………………
Ordered on ………………………………………………………………………………………………………
Name of consumer ………………………………………………………………………………………………………
Address of consumer ………………………………………………………………………………………………………
Signature of consumer ………………………………………………………………………………………………………
Date ………………………………………………………………………………………………………
PART A
The terms “Controller”, “Data Subject”, “International Organisation” “Member State”, “Personal Data”, “Personal Data Breach”, “Processor”, “Processing” and “Supervisory Authority” shall have the same meaning as in the GDPR.
COMPLIANCE WITH DATA PROTECTION LAWS
INDEMNITY
INSTRUCTIONS
SECURITY
SUB-PROCESSING
specifically stated in this Schedule, or (ii) where such processing is required by any applicable law, regulation or public authority.
ASSISTANCE
DATA SUBJECT REQUESTS
the Customer’s express written approval and strictly in accordance with the Customer’s instructions unless and to the extent required by law.
INTERNATIONAL TRANSFERS
AUDITS AND RECORDS
BREACH
RETURN/DELETION OF PROTECTED DATA
SURVIVAL
PART B
Section 1 – Data processing
Processing of the Protected Data by the Supplier under this Schedule shall be for the subject-matter, duration, nature and purposes and involve the types of Personal Data and categories of Data Subjects set out in this Section 1 of Part B.
Subject-matter of processing:
The Supplier’s provision of the Services and any related technical support to the Customer.
Duration of the processing:
The term plus the period from expiry of the term until return/deletion of all Protected Data by the Supplier in accordance with this Schedule.
Nature and purpose of the processing:
The Supplier will Process Protected Data for the purpose of providing the Services and any related technical support to the Customer in accordance with this Schedule.
Type of Personal Data:
Categories of Data Subjects:
Protected Data will concern the following categories of Data Subjects:
Section 2 – Minimum technical and organisational security measures
Without prejudice to its other obligations, the Supplier shall implement appropriate technical and organisational measures to ensure an appropriate level of security for Personal Data. The Supplier; shall provide the Customer; with details of all such technical and organisational measures on reasonable written notice from the Customer.
This Agreement is made on the date of the last signature below, as negotiated herein, is entered into by and between:
1. Amber Dyer and Joanna Dyer trading as Pink Sands Global of Somerset, UK (the supplier); and
2. of (the customer)
to proceed with website design and development services for a VIP Day, packaged under ‘VIP Day – Website Design & Development’, and agree to the terms and conditions as set forth in this Agreement.
MEANINGS:
Agreement | this agreement for the provision of the Services (as defined below) including any schedules; |
Confidential Information | in relation to either party, any information (whether or not stated to be confidential or marked as such) which that party discloses to the other, or which the other party obtains from any information disclosed to it by that party, either orally or in writing or by any other means, under or in connection with this Agreement; |
Deliverables | all documents, items, plans, products, goods and materials supplied by the Supplier, including any methodologies, ideas, designs, computer programs, data, disks, tapes, and reports, in whatever form, which are developed, created, written, prepared, devised or discovered by the Supplier or its agents, sub-contractors, consultants and employees in relation to the Services; |
Effective Date | Date of last signature applied |
Assets | any images, brand kits, system logins, or copy requested or used directly or indirectly in the supply of the Services, by the Supplier or its subcontractors; |
Intellectual Property Rights | any invention, patent, utility model right, copyright and related right, registered design, unregistered design right, trade mark, trade name, internet domain name, design right, design, service mark, database rights, topography rights, rights in get-up, rights in goodwill or to sue for passing off and any other rights of a similar nature or other industrial or intellectual property rights owned or used by the Supplier in any part of the world whether or not any of the same is registered (or capable of registration), including applications and the right to apply for and be granted, extensions or renewals of, and rights to claim priority from, such rights and all equivalent or similar rights or protections which subsist now or will subsist in the future; |
Services | the services which are set out and described in ‘Provision of Services’ of this Agreement, together with any other services which the Supplier provides or agrees to provide to the Customer through the change control procedure set out below (Change Control) |
Service Charges | the charges for the Services, which are set out in ‘Charges and Payments’ of this Agreement; |
Specification | the description or specification for the Services as set out in ‘Provision of Services’ of this Agreement or as otherwise agreed between the parties through Change Control; |
Working Day | any day other than a Saturday, Sunday or public holiday in UK |
PROVISION OF SERVICES
CUSTOMERS OBLIGATIONS
DEFECTIVE SERVICES
CHARGES AND PAYMENTS
CHANGE CONTROL
INDEMNITY
LIABILITY AND INSURANCE
CONFIDENTIALITY
INTELLECTUAL PROPERTY
DATA PROTECTION
CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY
buildings, explosion or accident, acts of terrorism, acts of war, governmental action, any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or any other event that is beyond the control of the party in question.
GENERAL
addresses outside the United Kingdom, on the tenth Working Day following the date of posting;
GOVERNING LAW AND JURISDICTION
The parties have signed this Agreement on the date(s) below:
Name:
Agreement Completed By:
Signature:
Date:
PART A
The terms “Controller”, “Data Subject”, “International Organisation” “Member State”, “Personal Data”, “Personal Data Breach”, “Processor”, “Processing” and “Supervisory Authority” shall have the same meaning as in the GDPR.
COMPLIANCE WITH DATA PROTECTION LAWS
INDEMNITY
INSTRUCTIONS
instructions. The Supplier will immediately inform the Customer if any instruction relating to the Protected Data infringes or may infringe any Data Protection Law.
SECURITY
SUB-PROCESSING
specifically stated in this Schedule, or (ii) where such processing is required by any applicable law, regulation or public authority.
ASSISTANCE
DATA SUBJECT REQUESTS
INTERNATIONAL TRANSFERS
AUDITS AND RECORDS
BREACH
RETURN/DELETION OF PROTECTED DATA
file transfer, save to the extent that the Supplier is required by any applicable law to retain some or all of the Protected Data.
SURVIVAL
PART B
Section 1 – Data processing
Processing of the Protected Data by the Supplier under this Schedule shall be for the subject-matter, duration, nature and purposes and involve the types of Personal Data and categories of Data Subjects set out in this Section 1 of Part B.
Subject-matter of processing:
The Supplier’s provision of the Services and any related technical support to the Customer.
Duration of the processing:
The term plus the period from expiry of the term until return/deletion of all Protected Data by the Supplier in accordance with this Schedule.
Nature and purpose of the processing:
The Supplier will Process Protected Data for the purpose of providing the Services and any related technical support to the Customer in accordance with this Schedule.
Type of Personal Data:
Categories of Data Subjects:
Protected Data will concern the following categories of Data Subjects:
Section 2 – Minimum technical and organisational security measures
Without prejudice to its other obligations, the Supplier shall implement appropriate technical and organisational measures to ensure an appropriate level of security for Personal Data. The Supplier; shall provide the Customer; with details of all such technical and organisational measures on reasonable written notice from the Customer.
This Agreement is made on the date of the last signature below, as negotiated herein, is entered into by and between:
1. Amber Dyer and Joanna Dyer trading as Pink Sands Global of Somerset, UK (the Contractor); and
2. of (the Associate).for the benefit of:
1.
2. Customers of (the Customers)
BACKGROUND
A. The Contractor has entered into an agreement below (AGREEMENT) under which the Contractor agrees to.
B. The Contractor has entered into the Main Contract on the basis that the Associate will supply the services specified below, for the benefit of the Client on a “back to back” basis with the Contractor, and in accordance with the provisions below.
AGREEMENT
1. Acceptance Of Agreement The Associate agrees to the terms and conditions outlined in this Agreement. This Agreement constitutes the entire and only agreement between the Contractor and the Associate, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Contractor and Associate relationship, the content, products or services provided by us and the subject matter of this Agreement.
1.1 Virtual signature may be used and recognised.
2. Services
The Associate agrees to perform tasks and related services to and for the Contractor (the “Services”) as may be requested from time to time by the Contractor, including, but not limited to:Services listed on the statement of work.
2.1 Work product conformity
The Associate further warrants that the Service will fully conform to the specifications, requirements and other terms set forth above. If the Contractor determines in its sole discretion that the service does not conform to the Specifications, the Contractor shall inform the Associate , within 3 working days of the Service delivery, of such nonconformity and the Associate will improve the Service without extra charge. If the Contractor does not voice any concerns within 3 working days, the Associate is not obliged to do any remedial work free of charge. If the Contractor’s request goes beyond the Specifications, the request will not be considered a remedial request and the Associate will inform and bill the Contractor with regards to the requested changes.
3. Compensation
As consideration for the satisfactory performance of the Associate work, the Contractor shall pay to the Associate the amounts specified below:
The Associate will use the Customers’ programming, policies, procedures, equipment and materials to carry out the Services specified in article 2. The Associate will be paid at the rate of per hour for ad hoc work during the holiday periods.
3.1 Invoicing. The Contractor will pay the Associate in arrears of the execution of the Services specified in article 2.
4. Terms of Agreement
The Associate shall provide, with reasonable care and skill, and otherwise in the manner customarily performed by service providers in the Child Care and Coaching industries, services to the Client for a period of until one of the parties entered into this agreement cancels the agreement.
4.1 Termination. Either Party may terminate this Agreement:
4.1.1 Immediately in the event that either Party breaches this Agreement; or
4.1.2 At any time upon a notice period of 48 hours up to a length of relationship of 3 months and 1 week for a relationship of 3 months + Written notice is to be sent to the following email address: pinksandva@gmail.com
4.2 Payment Upon Early Termination. In the event of such termination, the Associate shall be paid for any portion of the Services that have been performed prior to the termination in accordance with the Services.
5. Non-Competition
In consideration of being engaged as a Associate by the Contractor, the Associate agrees that the Associate shall not, during the term of the Associate’s engagement with the Contractor and for a period of
12 months beginning on such date of termination of this agreement without the prior written consent of the Contractor, carry on, or be engaged in, or be concerned with, or interested in, or employed by, any person engaged in or concerned with or interested in a business within the UK which is the same as, or substantially similar to, or in competition with, the Contractor’s business at the time of the termination of the Associate’s engagement, unless an agreement has been made between the Contractor and the Associate.
6. Subcontracting
The Associate shall not, without the Contractor’s prior written consent, assign or transfer in any other manner with all or any of the Associate’s rights or obligations under the Agreement.
7. Non-solicitation of customers and clients
In consideration of being engaged as an Associate by the Contractor, the Associate agrees that the Associate shall not, during the term of the Associate’s engagement with the Contractor and for a period of 12 months thereafter directly or indirectly contact or solicit, or attempt to contact or solicit, any Customer/Client of the Contractor for the purposes of:
7.1 gaining the business of such Customer, or providing such Customer any products or services which are the same as or substantially similar to, or in competition with, the products or services sold by the Contractor at the time of the termination of this Agreement; or
7.2 advising any person not to do business with the Contractor, or interfering in any way with the business relationship between the Contractor and any Customer, contractor, supplier or any other person with whom the Contractor has a business relationship during the term of this Agreement.
8. Non-solicitation of employees
In consideration of being engaged as an Associate by the Contractor, the Associate agrees that, during the term of the Associate’s engagement with the Contractor and for a period of 12 months from such date of termination, the Associate shall not, directly or indirectly, approach, solicit, entice, or attempt to approach, solicit, or entice employees and subcontractors of the Contractor to leave the employment of or end the relationship with the Contractor.
9. Confidentiality
From the date hereof, the Associate shall not, directly or indirectly, disclose or use Confidential Information for any purpose other than set out in this Agreement, except where:
9.1 The Associate has received the prior written approval of the Contractor to use or disclose the particular information in a manner not already expressly authorised by the terms of this Agreement;
9.2 The Associate is compelled to disclose the information by law or regulatory order, provided that the Associate shall first notify the Contractor before such disclosure in order to give the Contractor a reasonable opportunity to seek an appropriate protective order and/or waive compliance with the terms of this Agreement and if the Associate is still required to make a
disclosure, the Associate shall disclose only as much of the information as is required by law or regulatory order;
9.3 The Associate shall notify the Contractor in writing immediately upon discovery of any unauthorised use or disclosure of Confidential Information or any other breach of this Agreement and shall reasonably cooperate with the Contractor to regain possession of such Confidential Information and prevent its further unauthorised use or disclosure.
10. Ownership
All deliverables, ideas, inventions, improvements, methods, processes, works of authorship and other forms of intellectual property that the Associate conceives, reduces to practice or develops during the term of the Agreement, alone or in conjunction with others, in connection with performance of the Services, including but not limited to; designs, data, software code, ideas, inventions, know-how, materials, marks, methods, procedures, policies, programming, tools, interfaces, and other forms of technology as well as any intellectual property rights of any kind therein (collectively, the “Work Product”), will be the sole and exclusive property of the Contractor and Customer. The Associate hereby irrevocably assigns to the Contractor all right, title and interest worldwide in and to the Work Product and all intellectual property rights therein.
11. GDPR Compliance
Both Parties hereby ensure that they are in full compliance with their respective obligations under the General Data Protection Regulation, (GDPR) (EU) 2016/679. Each Party will, if applicable, notify the other Party in a timely manner in the event of a data breach that involves the other Party’s data.
The Associate will process the following personal data on behalf of the Contractor during the times and for the purposes specified below:
a. The Contractors personal data – Name, email address, company invoicing address. For correspondence and invoicing. To be held for full period of subcontracting agreements and no longer than 2 years following termination of any agreements.
b. The Customers personal data – Name, child names, DOBs, medical information, address, contact details, family member name and number. To be held for full period of subcontracting agreements and no longer than 2 years following termination of any agreements. The Customers contacts and customer’s personal data. The customer is classed as the controller and the Contractor and Subcontractor are classed as processors of this data. This data may be used for sending emails and promoting the Customers services. This data will not be held beyond the date that is required to carry out any specified work for the Customer.
c. The Clients personal data – Name. To be held for a full period of subcontracting agreements and no longer than 2 years following termination of any agreements. The Customers contacts and customer’s personal data. The client is classed as the controller and the Contractor and Associate are classed as processors of this data.
12. Independent Contractor Relationship
The Associate’s relationship to the Contractor shall be that of an independent contractor. Nothing in this Agreement shall be construed to create any partnership, joint venture, employer-employee or agency relationship between Contractor and Associate. The Associate shall not represent to any third party that any such relationship exists. The contractor relationship shall be non-exclusive. The Associate shall be free to work with other companies so long as such work does not present a conflict of interest with regards to this Agreement or result in the disclosure of Confidential Information (defined above).
13. Indemnification
The work performed by the Associate shall be at the risk of the Associate exclusively. Associate hereby indemnifies and holds Contractor, its parent and affiliates and their respective officers, directors, employees and agents, harmless from and against any and all claims, actions, losses, judgments, or expenses, including reasonable attorney’s fees, arising from or in any way connected with the work performed, materials furnished, or services provided to Contractor during the term of this Agreement.
13.1 Insurance. Both the Associate and the Contractor are working as a ‘seamless service’ to the Customer, on a seamless basis as agents, but as if (to third parties) we were employees of the Customer through commercial (arm’s length) contractual arrangement. And thereby are both the Associate and the Contractor are protected by the Customers Employee Liability Insurance, and public liability insurance (if applicable).
14. Termination
This Agreement shall be in full force and effect from the date of signing unless cancelled in writing by either party with 2 days’ written notice. The cancellation of this Agreement shall not negate any term or condition, such as the indemnity or insurance requirements.
14.1 The Subcontractor shall upon termination of this Agreement return all company assets to the Contractor and ensure the Contractor has full access to all properties protected by passwords.
15. Dispute resolution
The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of England and Wales, without giving effect to the principles of conflict of laws. The Parties may agree to alternative methods of dispute resolution, including negotiation, mediation and arbitration. Unless any alternative dispute resolution procedure is agreed between the parties, the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute which arises out of or under this Agreement.
16. Choice of Law
This Agreement is governed by the laws of England and Wales. Any amendment(s) must be given in writing.
17. Entire Agreement
The provisions herein contained constitute the entire agreement between the parties hereto and supersede all previous communication, representations, expectations, understandings and agreements whether verbal or written between the parties or their respective representatives with respect to the
subject matter of this Agreement and shall not be modified or amended except by written agreement signed by the parties to be bound thereby.
18. No Waiver
No provision of this Agreement shall be amended, altered or waived except by a further written agreement, signed by each of the parties hereto. No waiver of any provision hereof shall operate as a waiver of any other provision or as a waiver of the same provision on any other occasion.
19. Severability
If one or more provisions of this Agreement are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (i) such provision shall be excluded from this Agreement, (ii) the balance of the Agreement shall be interpreted as if such provision were so excluded and (iii) the balance of the Agreement shall be enforceable in accordance with its terms.
20. Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument.
EXHIBIT A
Statement of Work
TERMS AND CONDITIONS
I. PAYMENT TERMS
A. The Associate shall be paid at an hourly rate of in accordance with the completion of Services detailed in Section II
II. DESCRIPTION OF SERVICES
Services and Deliverables:
Estimated Hours:
Start Date(s):
Payment:
III. Reimbursable Expenses
A. The Associate shall not be authorised to incur on behalf of the Contractor for any expenses and will be responsible for all expenses incurred while performing the Services.
In Witness hereof, the Parties have executed this Associate’s Agreement and Statement of Work as of the date set forth above.