My Terms and Conditions Agreement
These terms and conditions where created to avoid any conflict, unpredicted problems or to avoid any party trying to take advantage of the other from concealed or deceptive terms and conditions. These terms will remain publicly available and so any company which has access to my information will have my domain name either directly or from my email address so nothing is concealed from my side. As under the Agreed Acceptance section any contract I enter into is with the companies terms, but also using these terms as primary in any case of dispute. This is agreed when offering me a contract in the first place with full knowledge of who I am.
  1. Agreement Terms
    1. "Me", "Myself", "My", "I" or any other term referring to my person (Jonathan George Bakewell)
    2. "Company", "Companies", "Body" any formally trading body with which I enter into an agreement with for example but not limited to; employment contracts, privately commissioned work by tradesmen, mobile phone contracts, credit agreements, bank accounts, store cards or loans.
    3. "Initial agreement" The agreement from the company with myself as it stood on the date of entering in to an agreement not permitting not permitted changes under these terms since that date. Changes made after that date to these terms are considered agreed to by the Agreed Acceptance terms below if argued later by these terms.
    4. "accepting changes", "in writing" refers to documentable and provable agreement between myself and any company that I have completely agreed to any changes to the initial agreement however excluding any changes that would negate or in any other way render invalid any clauses in these terms. Any list of changes with multiple pages must be signed per page by myself or the company to ensure no ambiguity between copies.
  2. Agreed Acceptance.
    1. This agreement supersedes any other agreement entered into by myself with any company disregarding any terms to the contrary in the company's terms and conditions. Should any changes to a company's terms and conditions differ from the terms laid out in my agreement it is agreed that this agreement is adhered to primarily over the company's terms and conditions. It is agreed that this agreement is always the primary set or terms.
    2. Should the company disagree with this agreement when entering into an agreement with myself then a 28 day (20 working day not withholding bank or public holidays) grace period is provided to decline the original agreement unless the company has already benefited financially or otherwise in which case these terms are considered agreed to. Should the 28 day period pass then it is considered that ample opportunity to disagree to these terms has passed and the company fully agrees to these terms and accepts that they are primary in cases of discrepancy over their terms.
    3. If the company declines any obligation due to these terms then a grace period of up to 28 day (20 working day not withholding bank or public holidays) to change provider of service(s) is accepted without financial loss incurred by myself other than that originally agreed for the period of notice. During the declines of obligation grace period all service(s) agreed to when entering in to the agreement will continue as per the initial agreement.
    4. Intentionally misleading wording such as "offering you the opportunity to apply for", or any other phrase deliberately implying that the company is offering service(s), not that I have to apply for them and that they may be knowingly different from the advertised or promoted service(s) by the company will be counted by myself and the following terms as if the company was simply offering the service(s) directly as per the advertisement or promotion and be bound by the same terms laid out here not as if I had sought the company out and applied for said service(s).
    5. Offers to apply for credit facilities, by store or bank/building society card will be counted by these terms as a direct offer as per the advertised terms at time of agreement not withholding terms overwritten by these terms and not counted as myself making an application, simply completing missing information for the company on the offer they have sent to myself and thereby agreeing to all terms laid out herein.
    6. The company agrees that if any ambiguity occurs then it will undertake any and all costs to myself (legal or otherwise).
  3. Updates to this agreement.
    1. Any alterations or additions to this agreement will be clearly marked and dated. This agreement is subject to change without notice. A hard copy of this agreement is available upon request to any company of which I am under a current agreement. The agreement is understood to be accepted as per the original version dated 12/10/2004, less any updates as noted by added dates after the date of entering in to a new agreement.
The Agreement
  1. General Agreement
    1. These terms are, and will remain publicly available on my personal website who I have sole ownership and control over. As publicly displayed these terms will provide acceptance by display to any company which is entered into an agreement with in accordance with the Agreed Acceptance section of these terms.
    2. Out of contract or rolled over contracts will be covered by the same pricing and overall terms that make up both the companies and primarily this terms and conditions without changes to offerings unless explicitly accepted in writing by myself, by text message or email.
    3. Companies cannot use change of ownership as the new owners must be bound by the original clauses of the original contract taking in to account the clauses here dated up to the date of the initial agreement.
    4. Varying prices during contract are not permitted and original prices must remain regardless of if the prices are higher or lower unless expressly explicitly accepted in writing by myself, by text message or email. Varying prices are considered expressly accepted if they are listed fully price per date in the initial agreement for example 6 month half price introductory offer it is already assumed agreed the price will change back to double after 6 months.
  2. Privacy Agreement
    1. None of my information, personal or otherwise, provided to the company will be shared with any other third party, parent, sister or child company of the body of which I enter into the agreement with unless without identifying information such as name, phone number, address, email address or IP address. (updated 28/03/2017, added "email address")
    2. If the company provides search or comparison for work needed or financial services only the information explicitly required to complete the search or comparison is shared to other companies.
    3. I will not share any private information of the company unless to specifically enforce or raise awareness off unsolicited braches to privacy acts or my own privacy agreement.
    4. This privacy act replaces or overrules any privacy act of the company of which I enter into an agreement should there be any ambiguity between the two privacy statements.
    5. It is assumed legal authorities are allowed access to any and all information held by companies provided correct court orders are provided.
    6. Any information that I choose to promote regarding myself such as on social media publicly, this information is shared solely on that site and not copied or used by any other party regardless of terms of use of the site after the Agreed Acceptance period.
  3. Employment Contract(s)
    1. All work will be carried out to the best of my abilities and to the job specification provided by the company.
    2. Any training required will be supplied by the company at the companies expense. Should I fail training if based on a test or qualification due to my own fault I will pay for a second set of training assuming training can be proven to be sufficient in more than 60% of cases.
    3. Travel is expected to be covered by myself unless it exceeds 0.5% of monthly post tax take home. All costs over the 0.5% of monthly post tax take home will be covered by the company. Travel expenses is assumed to be the cheapest form of transport available to myself regardless of extra time using that method not including walking if home to workplace exceeds 3.5 mile / 60 minute radius of home.
    4. Garden leave as it is know is assumed none enforceable by the company should it hinder myself finding new employment. Should new employment in the same field be found within this period it is agreed payment is stopped as of the new start date but none prior to this can be claimed by any legal means. It is agreed that any information or intellectual property pertaining to the original company is destroyed prior to starting new employment save it is used for the sole purpose of creating a CV for myself or solely personal use.
    5. Errors occurring from lack of training will be exempt from disciplinary proceedings and training will be further provided unless training has been provided for the issue previously then it is assumed correct formal proceeding for suitable disciplinary action. (Added 22/03/2006)
    6. For any emergencies regarding life or death situation within my family, suitable time to address and solve these situations shall be granted so long as the time period does not exceed that which would be reasonable, paid as normal without using holiday allowance. During such emergencies if possible any work will be conducted from home to ensure the company does not loose out on work hours. (Added 16/06/2017)
    7. Should any company decide to declare bankruptcy or fold then every effort will be made to ensure I have sufficient time to find a new job before the date of such action. Sufficient time shall be a period of no less than 2 months. Failure to provide sufficient time will result in the director(s) or shareholder(s) who's decision it was personal liability for my personal loss regardless of company registration meta. (Added 10/12/2017)
    8. During any period of a work from home scenario all work will continue as expected as much as is possible in the different location. If anything is explicitly required within the place of work for a task then that task cannot be completed unless substitute items can be couriered over at the companies expense. (Added 24/04/2020)
    9. When working from home no expectation will be upon myself to extend hospitalities to clients or partners unless expressly agreed by myself in writing or via email and text message. (Added 24/04/2020)
    10. Whilst working from home any costs exceeding the normal amount of costs of travel to and from the place of work will be covered by the company if the work from home is not optional, such as if phone calls or sending of letters and faxes costs more than the normal bus fare or fuel costs of normal travel. (Added 24/04/2020)
  4. Service Provider(s)
    1. During any dispute services will remain operating as normal as per initial agreement awaiting the outcome of said dispute.
    2. Failing to provide the level of service promised by the company will result in the company having to make any alterations possible to provide the service promised or allow myself to change provider without loss or interruption to service and without adhering to any notice periods or contract length terms to move to a different provider who does provide the initially promised service.
    3. Alterations to prices, unless clearly indicated at the time of taking out the initial agreement by specific unit per price measure are not accepted in either direction without express permission from myself in writing and the initial agreement will continue to be provided excluding any prices may vary clauses in the companies terms. Variable factors are not inclusive as termed to be specific. ("Variable factors" clarification added 16/03/2022)
    4. Discontinuation of a service to force a change to a new package is not accepted, and the package must be provided as it was originally stated up to and including any set out date at which the package was set to expire in the package and terms of the company at the time of taking out the agreement.
    5. Any service or product underneath this clause that does not state an explicit expiry date is assumed to continue the originally stated on time of entering in to the agreement indefinitely. If the company goes in to liquidation and is purchased by another they also purchase the responsibilities and agreement as is rather than requiring a new acceptance period.
    6. Notice period of discontinuation of current package must be made 2 calendar months prior to the date of discontinuation to allow for arrangements to be made to find alterative supplier. If the same service is provided under a new name to appear a new package but is in essence and clearly the same as the old, I will be moved to the new package at the original packages price at discontinuation date in adherence with clause 4(d).
    7. Out of contract pricing will remain as per the initially agreed price or lower, price rises are not accepted unless expressly agreed to by myself in writing, email or text message.
    8. I reserve the right to withhold payment due to incorrect billing until the bill is corrected. (Added 29/10/2019)
    9. The company may not use threatening behaviour or add additional fees to any accounts I hold with them until this process is completed. (Added 29/10/2019)
    10. If myself and the company cannot agree on the figure due, an independent authority for the sector will be engaged to asses the situation. During which time Section 4 H and 4 I of these terms shall apply. (Added 29/10/2019)
    11. If funds are withheld and an agreement has been made to repay at a specific rate/price over specific time this will be upheld by myself and the company no mater the extent of the delayed period and the overdue funds value. (Added 29/10/2019)
  5. Hired Service(s)
    1. Accepting deposit or prepayment pre period of rental will be considered accepting this agreement due to constituting profit on behalf of the company hiring out the equipment therefore negating the 28 day period and the company will be notified of such at time of hire.
    2. All damages to the equipment not implicitly covered by the companies insurance and not expected from normal use of the equipment will be subject to repair or replacement by myself, whichever is cheaper and will be actioned within 28 days from receipt of written notification of the problem.
    3. Written notification will be on date of receipt in any problems, not from date of purchase due to weekends or different methods of post and communication altering the time at which I am first made aware.
    4. Any injuries or damages caused due to improper maintenance of the equipment shall the sole responsibility and liability of the company hiring the equipment.
    5. Any injuries or damages caused due to improper use of the equipment shall the sole responsibility and liability of myself unless due to a fault with the equipment.
  6. Provided Service(s) (added 27/01/2017)
    1. All services I provide to a company on a per job basis will be completed within as short a timescale as possible. Any problems occurred will be notified immediately and any unforeseen extra expenditure will be covered by myself up to but not exceeding the initial price for work contracted.
    2. Initial consultation and detailed work spec will be free of any charges.
    3. Work will not commence until the scope and specification of the project, along with a finally agreed price is confirmed in writing between both parties.
    4. Any delays due to unforeseen extra work as long as it is covered in the initial specification agreed prior to starting work will be covered by myself so long as to not add anything to the agreed specification of the project.
    5. Details of the specification and charges are not to be shared by either myself or the company to avoid copyright issues from either side.
    6. All work, graphical or code, will remain my property until the bill is settled in full then all rights to the work will become the sole property of the company other than the right to use imagery or information that is none exclusive for the purposes of promotion for further work for myself.
    7. Any additional changes added during the work will be charged and covered by the company if not laid out in the initial specification and agreement, for example changes to, or additional work required. (added 12/12/2019)
    8. Any work deemed continuation will be agreed on price or per time price before and will continue until that deadline unless negotiated and extended in writing and payment is made prior to the start of the extended period. (added 12/12/2019)
  7. Contracted Service(s) (added 27/01/2017)
    1. All services the company provides on a per job basis will be completed within as short a timescale as possible. Any problems occurred will be notified immediately and any unforeseen extra expenditure will be covered by the company up to but not exceeding the initial price for work contracted.
    2. Initial consultation and detailed work spec will be free of any charges from the company.
    3. Work will not commence until the scope and specification of the project, along with a finally agreed price is confirmed in writing between both parties.
    4. Any delays due to unforeseen extra work as long as it is covered in the initial specification agreed prior to starting work will be covered by the company so long as to not add anything to the agreed specification of the project.
    5. Details of the specification and charges are not to be shared by either the company or myself to avoid copyright issues from either side.
    6. All work will remain the companies property until the bill is settled in full then all rights to the work will become the sole property of myself other than the right to use imagery or information that is none exclusive for the purposes of promotion for further of the company.
    7. Any additional changes added during the work will be charged and covered by myself if not laid out in the initial specification and agreement, for example changes to, or additional work required. (added 12/12/2019)
    8. Any work deemed continuation will be agreed on price or per time price before and will continue until that deadline unless negotiated and extended in writing and payment is made prior to the start of the extended period. (added 12/12/2019)
  8. Financial Service(s)/Agreement(s)
    1. Any financial agreements will remain in place as originally stated upon entering into an agreement or by myself accepting changes to an agreement.
    2. When an account is created and a date of interest payment / fee payment is set, that date is not to move regardless of when my money goes in to or out of the account.
    3. Accepting changes to any agreement must be made by myself performing a physical act such as agreeing to the explicit changes by; phone, email, text message or online agreement. Records must be kept by the company to provide irrefutable proof it was myself and no other party accepting theses changes if any question is raised later.
    4. All accounts are considered individual to each other and no money will be taken from one account to cover another unless done so directly by myself. If a store has multiple names money paid to one cannot be used for another, and if I have multiple accounts with a bank or building society then money cannot be taken from one account for another (setting off).
    5. No changes are accepted to and the original agreement must be upheld as it stood upon entering into the agreement regardless of terms to allow changes in the companies agreements and terms without myself specifically agreeing to them with the exception of changes to the Bank of England's base rate.
    6. Should the original company the agreement was entered into with cease trading for any reason such as bankruptcy or sale, the agreement provided originally will remain with the administrators or new owners and not changed in any way from their original terms at date of entering in to other than the body to which the agreement is made, any changes that had been subsequently agreed to added or amended to the original agreement.
    7. Any amendments to the product, such as adding or removing services and add-on features would be counted as invalid and only the features and specifics on the product at the time of entering in to the agreement would be counted regardless of the companies terms unless agreed by myself.
    8. Any features removed by the company from the product if later required by myself will still be provided to the letter of the original agreement as it stood at the time of entering in to the agreement at the companies cost if it no longer provides these services.
    9. Changes up or down to credit limits and such facilities as overdrafts will only be accepted if explicitly agreed in writing by myself.
    10. Credit will only be repayable on demand if agreed by myself at the time of the demand and only at a rate that does not incur financial hardship upon myself. No charges will be levied against myself for taking such time to repay if the time is longer than that which the company is asking for.
    11. Minimum payments agreed at the date of entering in to the agreement with the company will be met as per the terms of the companies agreement.
    12. Late payment fees will not be accepted if it is impossible for myself to make the payments by fault of the company, for example but not limited too; inaccessible website with no other means of contact, locked or suspended login with no working way to repair from my side, faults on payment gateways at the companies side.
    13. If a credit account is withdrawn by the companies decision and becomes unusable to myself, even by sale to another company of the original company, all outstanding debt from myself to the company is counted as cleared and taken on by the company with no cost to myself.
    14. Changes to interest rates both positive and negative are not accepted if greater than the changes to the Bank of England's base rate of interest. (added 28/07/2015)
    15. Amendments to credit limits are not accepted higher or lower unless specifically agreed to. Any change without agreement leading to financial loss by myself will be chargeable to the company inclusive of damages of 5% plus the base rate of the Bank of England AER as it stood at the time of the change that caused a dispute. Any and all legal costs to recover this will be covered by the company regardless of if successful or not. (added 12/05/2016, updated 30/05/2020 - changed "PA" to "AER")
    16. No attempt to force acceptance of any changes will be made by the company by any means such as freezing accounts or access to funds after the initial agreement is signed and the 28 day period of acceptance to these terms or any profit or potential profit is made by the company. (added 12/05/2016)
    17. Any argument as to if agreement was made for changes it is upon the company to prove that agreement was made to changes and the product will remain as originally agreed until such mater is resolved. (added 1/04/2017)
    18. Any late payment charges added as a result of breaching these terms and conditions will be removed from my credit file if they where to have any effect my credit score at the expense of the company within 14 days. (added 13/06/2018)
    19. Going over agreed overdraft / credit limits is not agreed too, and transaction that takes and account over an agreed limit is to be declined not incurring extra charges for going over the limit as the limit is the limit. No unauthorised limits are authorised and must not be available else entering them will be counted as authorised credit and treated the same way as authorised credit. (added 30/05/2020)
    20. No company can add charges on to an account taking a credit limit over its limit then adding charges for going over the limit. If any charges take an account over the limit then that is counted as normal credit forever and further transactions by the company or myself will be declined and I will be notified in writing. (added 30/05/2020)
  9. Force Majeure (added 28/09/2016)
    1. In the event of an occurrence beyond the control of either party which prevents either the company or myself fulfilling the combination of the companies terms and these terms, all agreements that cannot be upheld will be held until such a time as it is possible to do so again.
    2. No action will be taken by myself or the company to attempt to claim for losses under these events unless it was avoidable to do so.
    3. If during any crisis it is possible to completely or partially uphold the joint terms then all sections must be upheld to the best of both parties abilities even if only in part.
    4. The Force Majeure terms will apply in the event of;
      1. War - Either directly effecting by the term my homeland or the registered country of the company or by effecting routs of communication/delivery where no other rout is available.
      2. Strike action - On the behalf the company in full whereby none striking staff members cannot take over the responsibilities necessary to fulfil the agreement.
      3. Riots - Effecting either myself or the company whereby ability to get to or from or communicate with the company is impossible by any means.
      4. Crime - If myself or the company are unable to continue working and can not work in any other fashion to complete agreements due to not having access to required or essential facilities after crime has prevented either party from fulfilling their side of the agreement.
      5. Epidemic - If myself or the company are unable to continue working and can not work in any other fashion to complete agreements due to lock down type scenarios where the governing body of the country has decided to emplace such restrictions.
      6. Flooding - If myself or the company are unable to continue working and can not work in any other fashion to complete agreements due to not having access to home or office due to flooding.
      7. Failure of Essential Utilities - If the company or myself is shut down by power cut, or closed due to lack of water supply making it not suitable for human occupation. (added 12/05/2018)