INSTIGATE CONSULTING TERMS AND CONDITIONS

This outlines the Terms and Conditions of Services provided by Instigate Consulting to Clients. We encourage prospective clients to read Instigate Consulting’s terms and conditions, prior to any purchases.

1. ACCEPTANCE OF AGREEMENT. The Client agrees to the terms and conditions by purchasing or committing to purchasing services from Instigate Consulting.

2. ENGAGEMENT. Instigate agrees to perform tasks and related services to and for the Client (the “Services”) as may be requested from time to time by the Client, including, but not limited to, the services outlined in the Written Proposal which is approved in advance by the Client.

2.1 Terms

  • When a work time has been set aside (using the time specific option) and scheduled for the business this will be guaranteed to the Client for a set period as per agreement with the Client.
  • Project work and professional training will have scheduled dates and time agreed as per the Client.
  • All work completed is always strictly confidential between Instigate Consulting and the Client.
  • Instigate Consulting will provide a full and regular update to the Client.
  • The proposal includes work time dedicated to the project, associated travel, phone & stationary costs.
  • The rates provided are provided to the Client only and must not be disclosed to any third parties.
  • The proposal does not include external costs, which may be included in mentoring, training, sales & marketing tasks, i.e. advertising, flyers etc.

3. FEES & PAYMENT

  • Fees will be agreed in advance of work carried out in the Proposal.
  • For Hourly Work, a report of time spend will be provided at each stage, and invoicing will be at the end of each calendar month.
  • For Project Work 50% of the fee due is provided prior to or at commencement.
  • For Marketing Workshop 100% of the fee is due prior to commencement.
  • For Training or Courses 100% of the fee is due prior to delivery of the course or training.
  • When monthly retainer is agreed, the payment option is monthly in advance.

4. RETAINER TERM OF AGREEMENT.

Term on agreement shall be specified in the Proposal. Either Party may terminate this Agreement immediately in the event that either Party breaches this Agreement; or At any time upon 28 days’ notice written notice to following email address: louise@instigate.ie

In the event of such termination, Instigate shall be paid for any portion of the Services that have been performed prior to the termination in accordance with the Statement of Work.

5. CHANGES TO THE SERVICES. Any material changes to the Services, including the schedule, deliverables, and related fees, must be approved by the prior written consent of the Party not requesting the change.

6. SUBCONTRACTING. In the performance of its obligations hereunder, Instigate shall have the right, in its sole discretion, to assign, transfer, charge, delegate or subcontract its rights and responsibilities to any third party, provided that Instigate shall remain responsible for the performance of any such third party.

7. OFFICE HOURS AND COMMUNICATION. Office hours are Monday through Friday, 9:00 am to 5:00 pm. Missed meetings or cancellations without 24 hours’ notice will be billed to the Client. If the Client requests Services outside of the above specified hours, Instigate reserves the right to charge an additional 25% of the fees.

8. 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.

9. CONFIDENTIALITY. Instigate may obtain access to information related to Client’s business (including trade secrets, technical information, business forecasts and strategies, marketing plans, customer and supplier lists, personnel information, financial data, and proprietary information of third parties provided to the Client in confidence) that the Client considers to be confidential or proprietary or the Client has a duty to treat as confidential. Instigate will, unless having the written consent of the Client, (a) hold all Confidential Information in strict trust and confidence; (b) not use or permit others to use Confidential Information in any manner or for any purpose not expressly permitted or required by this Agreement; and (c) not disclose or permit others to disclose any Confidential Information to any third party without obtaining the Client’s express prior written consent on a case-by-case basis.

9.1. PASSWORDS. Should the Client decide to grant Instigate access to the Client’s business and/or personal accounts, the Client does so entirely at their own risk, and the Client is fully responsible for ensuring the security of the Client’s data. The Client will be solely responsible for any loss, liability or violations that might occur as a result of such access as long as any such loss can be directly tied to the work carried out under this agreement.

10. INDEMNIFICATION. Both parties agree to defend, protect, indemnify and hold one another harmless from any and all lawsuits, claims, damages, demands, liabilities or losses, including reasonable attorney fees and costs, brought, made or claimed as a result of any acts, including omissions, which are not outlined in this agreement.