Terms & Conditions

1. Interpretation and General Provisions
1.1. Capitalised terms have the meanings given to them in the Service Agreement or as defined below.
1.2. In this Agreement (a) Hang up the Moon shall also be referred to as “our”, “us”, “we” (b) the Client shall also be referred to as “you”, “your” (c) the singular shall include the plural (and vice versa) and reference to one gender shall also be reference to all others genders.
1.3. These are the terms and conditions (“Terms and Conditions”) upon which Hang up the Moon makes its Services available to you and by instructing Hang up the Moon, you are irrevocably accepting these Terms and Conditions to the exclusion of all other terms and conditions between you and Hang up the Moon in relation to the Services provided by Hang up the Moon and you have not relied on any representation or warranty given by us except as expressly stated or referred to in this Agreement.
1.4. No failure or delay on our part in exercising any right, power or remedy hereunder shall operate as a waiver thereof nor shall any single or partial exercise of such right, power or remedy preclude any other or further exercise of such right, power or remedy and our rights shall not be affected by the granting of any time or indulgence to you.

2. General
2.1. Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
2.2. Hang up the Moon reserves the right to up-date or to amend these Terms and Conditions at any time without notice. It is therefore the Client’s responsibility to check the Terms and Conditions on a regular basis for any changes.
2.3. A signed Service Agreement must be completed before commencement of work as agreed by both parties. By signing the Service Agreement, you agree to be bound by these Terms and Conditions. The Service Agreement will include the hourly rate agreed by both parties and shall be subject to annual review.
2.4. The Agreement may be terminated with 30 days written notice by either party, unless otherwise agreed in writing.
2.5. Hang Up The Moon reserves the right to refuse work if deemed to be illegal or immoral or for any other reason.
2.6. It is the responsibility of the Client to specify their deadline in writing for completion of any assignment prior to service commencement or during the initial consultation, however such deadlines shall be accepted or rejected by Hang up the Moon at its sole discretion.
2.7. Responsibility for the final inspection of the completed work rests with the Client. Any errors in any work shall be notified by the Client within 24 hours of receipt of such work. Where reasonably practical and subject always to the limitations set out herein, any error or omission generated by Hang up the Moon will be corrected free of charge. Any other correction or addition will be charged at the normal rate. In any event, any errors not identified within 24 hours will incur the previously agreed hourly rate in the Service Agreement.
2.8. Completed work will be returned to the Client via email, first class post, or special delivery in accordance with the Clients’ requirements. The Client may not refuse delivery by any method or in any format.
2.9. All incoming e-mails, attachment, files and disks are scanned for viruses by Hang up the Moon. Any emails, attachments or documents which appear to be corrupted, contain viruses or in any way appear suspicious will remain un-opened and deleted. It is the Client’s responsibility to ensure emails sent and received are free from corruption or viruses and do not contain any malware. Hang up the Moon does not accept any responsibility or liability for any transmitted viruses, corruption or malware.

3. Services
3.1. Hang up the Moon is a Bespoke Assistant Service. The services may include, but are not limited to, administrative, marketing and promotional assistance, event planning and personal organisation and acting as an agent to obtain goods and services from third parties (“Services”).
3.2. All Services shall be agreed by the Client and Hang up the Moon when Hang up the Moon accepts your instruction.

4. Rates
4.1. Hang up the Moon provides three pricing options; by the hour/monthly retainer/per project. Hourly fee at a rate of £45.00 per hour. A minimum of 1 hour is charged, thereafter time is rounded up to 15-minute increments. A full breakdown of hours is provided upon request. Monthly retainer fee at a rate of £45.00 per hour (minimum of 10 hours per month). A full breakdown of hours is provided upon request. Project fee is an individual quote provided accordingly with requirements which can be subject to revision if the scope of the project changes.**Hang up the Moon’s fees are based on Services carried out from Monday to Friday (except public holidays and bank holidays) between the hours of 9am and 5pm. Any Services which require Hang up the Moon to work outside of these hours shall be charged at a higher rate which, where previously anticipated, will be agreed with you by Hang up the Moon prior to commencement or shall be at Hang up the Moons’ discretion where this is not possible and in any event no less than one and a half times the Hourly Fee.
4.2. Hang up the Moon charges for reasonable travel time at the agreed hourly rate and mileage expenses at 0.45p per mile. Any additional expenses that are incurred including, but not limited to, stationery, printing, packaging, postage, phone calls, travel, etc. on behalf of the Client will be charged at cost and invoiced accordingly.
4.3. Hang up the Moon may request a 50% deposit from a new Client prior to commencement of the Services.
4.4. Quotations for specific projects or assignments will be made on the basis of information supplied by the Client.
4.5. Hang up the Moon reserves the right to submit a revised quotation should the Client change their original requirements either before or after the commencement of the projects or assignment. For the avoidance of doubt, the Client shall remain liable for the Services and any costs or expenses incurred in relation to the original requirements up until any modification or cancellation including any costs or expenses due and payable after the modification or cancellation.
4.6. Hang up the Moon reserves the right to increase prices with prior written notice.

5. Invoicing & Payment
5.1. You will be invoiced on a monthly basis for all Services already provided by Hang up the Moon (or part thereof) and any costs or expenses incurred by Hang up the Moon in relation to the Services.
5.2. Payments to be made by cheque are payable to Polly Dysterre-Clark or BACS bank transfer to the Hang up the Moon bank account (details on invoice).
5.3. Payment terms are strictly 7 days from the date of the invoice.
5.4. Any late payment will incur interest at the rate of 8% per annum on outstanding balances.
5.5. Where invoices remain unpaid for 14 days after the date of the invoice, Hang up the Moon may, at its sole discretion, decide not to provide Services until the invoice is paid. In any event, Hang up the Moon shall retain all rights over and use of any material, documents and shall not in any way be liable to the Client for materials or Services until all invoices have been paid in full.
5.6. In instances where Hang up the Moon pays a third party (“Supplier”) a sum over £50.00 on the Client’s behalf, the Client shall be required to pay Hang up the Moon, in advance, the full amount of the sum required or outstanding, before payment is made on behalf of the Client to the Supplier.

6. Cancellation
6.1. If you order Hang up the Moon’s Services, you may cancel those Services on giving at least 10 working days prior written notice whereupon you will be entitled to a full refund of any money held save for any expenditure already incurred. For the avoidance of doubt, you will remain liable for any amounts owed to or incurred by Hang up the Moon or any third party in relation to the Services or any associated costs incurred which were incurred prior to cancellation or will become due after cancellation but were authorised prior to cancellation.
6.2. In cases of cancellation where you have not given the necessary notice, Hang up the Moon reserves the right to charge a cancellation fee of 50% of the proposed Service charge plus any costs already involved.
6.3. You may change the commencement date of Hang up the Moon’s Services without any liability by giving 5 working days notice in writing.
6.4. Where Hang up the Moon has already commenced the Services, and you wish to cancel, you will not be entitled to any refund and will be liable for payment for all Services which have been carried out plus any costs incurred or that will become due.
6.5. In the event you cancel goods or services from a Supplier, you are bound by the terms and conditions of the Supplier and the Client agrees to indemnify Hang up the Moon and hold Hang up the Moon harmless against any claim brought against Hang up the Moon in relation to the cancellation of any such goods or services.

7. Suppliers
7.1. Hang up the Moon will use its reasonable endeavours to ensure that all Suppliers used by Hang up the Moon are reputable, offering quality and value to their customers, as well as to monitor the goods and/or services provided by our Suppliers.
7.2. Hang up the Moon is not responsible or liable for the actions, omissions, goods, products or services provided by any Supplier or its employees and/or agents and you agree that Hang up the Moon is merely acting on your behalf.
7.3. The Client accepts liability for any and all costs payable to a Supplier which are incurred or invoiced for in the provision of the Services and shall indemnify and hold Hang up the Moon harmless against any claim brought by a Supplier for any sums payable to a Supplier which are incurred or invoiced for in the provision of the Services.
7.4. No guarantees, representations or warranties are given by Hang up the Moon for or on behalf of any Suppliers. You will be subject to the terms and conditions of any Supplier in connection with the supply of any goods or services.

8. Travel Services
8.1. Hang up the Moon is not an authorised travel agent or tour operator but liaises with authorised travel agents and travel service providers on your behalf.
8.2. You will be subject to the terms and conditions of the travel or holiday operator for any travel services including but not limited to travel tickets and package holidays.
8.3. Hang up the Moon shall not be liable for any costs or losses or other expenses incurred or suffered as a result of any travel delays, cancellations or any missed travel arrangements by the Client.

9. Tickets
9.1. Hang up the Moon may obtain tickets for events either through ticket agents or auction websites.
9.2. Hang up the Moon will confirm ticket prices with the Client prior to purchase, but the Client shall remain liable for the full amount paid or payable for the ticket.
9.3. All ticket sales and purchases are final and no refunds or cancellations can be issued by Hang up the Moon after reservation or purchase of tickets.
9.4. In the event of a cancellation or missed performance for any reason, Hang up the Moon shall in no way be liable for the cost of the tickets or for any additional costs, losses or expenses.
9.5. Postage fees, service charges and additional costs that may have applied or have been incurred in the provision of the Services are non-refundable.
9.6. You agree that Hang up the Moon is not responsible or liable for any failure by Royal mail, any courier or transport service, ticket agent or an auction website to deliver or post tickets to you in time.
9.7. You will be subject to the terms and conditions of the ticket agent or auction website for any tickets.
9.8. Hang up the Moon will not be liable for the tickets or the provision of them in any way.

10. Website & Emails
10.1. Hang up the Moon will use reasonable endeavours to ensure that the Hang up the Moon website and the email system of Hang up the Moon is accessible at all times. However, there may be times when, due to circumstances beyond Hang up the Moon’s control, or for maintenance purposes, the website and email system are unavailable. In these circumstances you accept that Hang up the Moonn will not have any responsibility for any loss, cost, expense or damage which you may suffer as a result.
10.2. Hang up the Moon will use reasonable precautions to ensure that the Hang up the Moon’s email system and documentation which is sent to or accessible by the Client is free from viruses and malware but Hang up the Moon cannot guarantee that it will be completely free of viruses or malware.
10.3. Hang up the Moon recommends that you maintain up to date virus protection software on your computer(s) and devices.
10.4. You accept that Hang up the Moon will not be responsible for any loss, cost, expense or damage which you may suffer as a result of a virus or other malware received from the Hang up the Moon, its website, links, email system or other electronic documentation.

11. Consumer Protection (Distance Selling) (Amendment) Regulations 2005 and 2014
11.1. Under these Regulations, the Client’s normal rights to cancel the Services within seven days of instruction will not apply once performance of the Services has commenced and by instructing us to perform the Services you are agreeing to those Services commencing immediately unless Hang up the Moon is specifically instructed otherwise.

12. Confidentiality, Data Protection & Privacy Policy
12.1. Hang up the Moon acting as a processor for data protection purposes is committed to protecting your privacy and only processes Personal Data In order to fulfil our contract with you in the provision of the Services.
12.2. Hang up the Moon will handle all personal data which it receives from you in accordance with the General Data Protection Regulations and the Data Protection Act 2018 as amended from time to time.
12.3. You represent and warrant that, in relation to any personal data you share with us that you have the authority and necessary permissions and consent to share such personal data with us and shall indemnify Hang up the Moon, its directors and employees in full against a breach of this clause 12.3.
12.4. We may request additional information which is necessary for us to provide you with the Service you request, for example your preferences or experiences. This information may be considered by some people as Personal Data. The reason we ask for this information is because it can help Hang up the Moon find suitable Suppliers or manage and interpret your needs and requests. This information shall not be shared with third parties other than in accordance with these terms & conditions and your instructions.
12.5. Due to the bespoke nature of the Services offered by Hang up the Moon and in the fulfilment of our contract with you, you consent to and agree that it may be necessary to transfer Personal Data to another organisation to provide services to you including, but not limited to, making a reservations on your behalf. You further consent and agree that it may be necessary to transfer Personal Data outside the EEA in the performance of the Services by Hang up the Moon when acting on your instructions.
12.6. Where it is necessary to transfer Personal Data outside the EEA, Hang up the Moon shall only do so where there is an adequacy decision by the European Commission or other measure in place to protect your personal data acceptable under the General Data Protection Regulations and the Data Protection Act 2018 as amended from time to time.
12.7. We may need personal data in order to fulfil our obligation to provide the Services. Where you do not provide the information or allow us to use personal information for the provision of the Services, we may be unable to provide the Services to you. In these circumstances, we accept no liability whatsoever towards you and you shall remain liable to and indemnify us for any amount we would have been entitled to if we had been able to provide the Services and for any losses we may have suffered.
12.8. Any personal data will only be retained for as long as it is required to perform the contractual Services and in accordance with relevant legislation after which it shall be deleted.
12.9. You may contact Polly@hangupthemoon.com for further information or visit our Privacy Policy at http://hangupthemoon.com/privacy-policy.

13. Complaints Policy
13.1. Hang up the Moon will use all reasonable endeavours to respond to complaints received in writing from you in accordance with the following procedure.
13.2. All complaints must be submitted to Hang up the Moon in writing and sent by post or email within 14 days of the event or action giving rise to the complaint occurring.
13.3. Hang up the Moon will carry out an investigation and aim to respond to you in writing within 30 working days of acknowledging the complaint outlining the next steps and what action may be taken.
13.4. If the complaint concerns the conduct, goods or services of a Supplier or other third party, you should write directly to the Supplier and send a copy of the complaint to Hang up the Moon.
13.5. Hang up the Moon is not responsible for the actions, goods or services provided by Suppliers or their employees, agents or sub-contractors but Hang up the Moon may at its discretion, choose to help resolve issues where possible.

14. Force majeure
14.1. A “force majeure” event means an event beyond the reasonable control of the Client or Hang up the Moon including without limitation a strike, lock-out, labour dispute, act of God, War, civil commotion, malicious damage, compliance with a law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, pandemic, terrorist activity and other circumstances affecting the supply of the Services.
14.2. Neither the Client nor Hang up the Moon shall be responsible to the other for any delay in performance or non-performance due to a force majeure event.
14.3. On the occurrence of a force majeure event, each party shall inform the other as soon as reasonably practical that the event has delayed or prevented performance under these Terms and Conditions and thereafter shall take action within its power to comply with the Terms and Conditions as fully and as promptly as reasonably possible.

15. Disclaimer
15.1. Nothing in this Agreement excludes or limits Hang up the Moon’s liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
15.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Hang up the Moon’s Services, site or any content on it, whether express or implied. In particular the material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy.
15.3. Hang up the Moon will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
i. use of, or inability to use, our website;
ii. the Services or content or services supplied by third parties;
iii. use of or reliance on any content displayed on our site or in any publication;
iv. loss of profits, sales, business, or revenue;
v. business interruption;
vi. loss of anticipated savings;
vii. loss of business opportunity, goodwill or reputation;
viii. any indirect or consequential loss or damage.
15.4. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.5. Save as set out in these Terms and Conditions, Hang up the Moon’s total liability to the Client or any third party arising out of or in connection with the Services, this Agreement or any other matter shall not exceed the sum paid to by the Client to Hang up the Moon for the Services in the month that the liability arose.

16. Rights of Third Parties
16.1. These terms and conditions are for the benefit of the Client and Hang up the Moon, and are not intended to benefit, or be enforceable by anyone else.

17. Governing Law and Jurisdiction
17.1. The Client and Hang up the Moon irrevocably agree that these terms and conditions shall be governed by and construed in accordance with the law of England and Wales and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions, the Service Agreement or its subject matter.