1. Who are we?
▶ The Freedom Geek Ltd is a private limited company registered in England. Our company number is 10679811, and our registered office is at 80 Compair Crescent, Ipswich, Suffolk, United Kingdom, IP2 0EH. Our VAT number is GB392505881.
▶ Imogen Cook is the Company Director and we have been in business since 2017. The Freedom Geek specialises in helping small business owners and startup entrepreneurs find (and work with) smart virtual assistants from the Philippines.
2. Who are these Terms for and what do they do?
2.1 All our work, products, and services are covered by these Terms
These Terms should be read alongside any booking or application form, product or download description, or payment form. The service or product that we are providing will determine which of these Terms is relevant.
These Terms describe how we do business in the clearest way possible – what you get, how to pay, and who needs to do what. Any changes or updates can only be agreed in writing by the Company Director.
2.2 Defined words and expressions
Some words have special meanings in these Terms, and they are set out in clause Definitions. We often signal where a word is being used as defined by starting it with a capital letter, but we have not done that where it would make the Terms look too odd. So “we”, “you”, and “including” are not capitalised but always have the defined meaning.
3. Confidentiality and Data Privacy
3.1 Confidentiality of your information
We will only use or disclose your confidential information as is required to perform the services requested by you or where we are required to disclose it by law. We will keep some confidential information after the completion of a service to keep a record of what we did for you.
3.2 EU Data Law and GDPR
We acknowledge our obligations with respect to personal data under EU Data Law. We are normally acting as the ‘data controller’ of personal data that we process, and we implement appropriate technical and organisational measures to ensure processing is performed in accordance with GDPR.
Where your project requires us to act as a ‘processor’ of personal data on your behalf, we shall enter into a further agreement with you covering the specific requirements of GDPR Article 28.
3.3 Cooperation
We and you will each cooperate with the other to provide reasonable assistance in complying with our respective EU Data Law obligations in connection with services.
3.4 Data Privacy Policy
Our Data Privacy Policy is available on our website here.
4. Copyright and Intellectual Property Rights
4.1 The outputs of services are our intellectual property, and we own the rights in materials.
4.2 You may print off one copy and may download extracts of any page(s) from our site for your personal reference.
4.3 You will not, at any time, do anything that would infringe our intellectual property rights, including recording, reusing, reselling or reproducing in whole or in part any information, documents or online content from the programme, except without our prior consent.
4.4 You need the expressed written permission of The Freedom Geek Director, on a case-by-case basis, to do any of the following things with materials, and if you do not have our permission, you may not do these things:
▶to authorise any other organisation (including associated companies or firms or any subsidiaries) to use those materials
▶to use those materials for writing any article or blog, or producing or contributing to any manual or any other published material, or for training or advising someone else
▶to edit or extract any part of materials into another document
5. The Freedom Geek Virtual Assistant
Placement Services
5.1 The Freedom Geek Generalist Virtual Assistant placement services include the following:
▶A selection of pre-screened candidates for interview
▶Interview guidelines, planning and support
▶Tech set-up support for recommended VA payment, management, and security systems
▶Resources to help you work with your VA
▶Dedicated Relationship Manager to handhold you through the process
5.2 The Freedom Geek Specialist Virtual Assistant placement services include the same as the Generalist services above plus the following:
▶Specially targeted job ads for the specific role
▶A non-refundable allocated amount for advertising costs
5.3 Pricing and discounts
5.3.1 Pricing for placements is as set out on our email communication with you and on the payment page. Prices are subject to applicable VAT.
5.3.2 If you have a code or coupon that will give you a discount on a product, make sure you apply it on the checkout page before confirming payment. Service discounts cannot be given any other way and cannot be applied retrospectively.
5.3.3 Prices may change at any time and the services do not provide price protection or refunds in the event of a price reduction or promotional offering.
5.4 Replacements, refunds, and guarantees
5.4.1 We are happy to provide a 3-month replacement guarantee in the event that your VA performs unsatisfactorily, resigns, or goes AWOL at no additional charge.
5.4.2 Any replacements will be for the same Job Description or VA position you originally sourced.
5.4.3 In the event that we are unable to find any qualified VA candidate meeting the Specialist VA requirements within a reasonable timeframe, and you choose to terminate the service, we will provide a full refund minus the allocated cost of advertising and administration, provided the request is made within 6 months from the date of payment.
For the purposes of this clause, a "reasonable timeframe" shall be determined based on the complexity of the Specialist VA requirements and the availability of qualified VAs in the market. We will communicate our assessment of a reasonable timeframe to you upon your request for a replacement VA.
5.5 Liability limitations
5.5.1 The Freedom Geek is not liable for the actions of the Virtual Assistants it helps to find work. Hiring Virtual Assistants with the use of our services allows you to work directly and independently with them without the company's direct involvement. Please work with them using your best judgment in any and all cases.
5.5.2 The Freedom Geek will not be responsible for failures to fulfill any obligations due to causes beyond its control.
6. The Freedom Geek Downloads and Documents
6.1 Your rights to use free and purchased products and resources that we provide:
6.1.1 Any documents or templates we provide are on the basis that they will be used as a whole, as drafted. Where indicated, some documents are editable and supplied with descriptions on the usage.
6.1.2 We do not grant you a license to edit or extract any copy from downloads and documents in whole or in part, other than any checklist or template which is expressly identified as editable.
6.1.3 If you breach our copyright by:
▶ extracting part of Materials for use in other documents;
▶ altering non-editable areas of a template;
we shall have the right to charge you
▶ the current (at the time of our discovery of the breach) regular price of the product in which you made the unauthorised modification or from which you made the unauthorised extraction;
▶ and on your own head be it whether the wording does anything useful for you or damaging to you – that shall not be our responsibility.
6.1.4 Note that our templates and documents are not for passing on to other organisations and are not for resale by you.
6.1.5 If you share the download with someone who has not purchased it, you and they will be jointly and severally liable for the cost of the purchase that should have been paid together with our costs and expenses (including fees for our own time at our standard billing rate as well as external legal and professional fees) in investigating, discovering and pursuing recompense for the breach of these Terms.
6.2 Prices, discounts, refunds
6.2.1 Fees for downloaded products are as set out on our websites.
6.2.2 If you have a code or coupon that will give you a discount on a product, make sure you apply it to the shopping cart before checking out. Product discounts cannot be given any other way and cannot be applied retrospectively.
6.2.3 Refunds are not normally available once any part of a purchase has been downloaded. Any refunds are at our entire discretion.
7. The Freedom Geek Webinars, Membership
Area, and Information Products
7.1 This section applies to webinars, groups calls and courses, including our membership area and community. Part of the services include:
▶ Live coaching and training sessions
▶ Resources, checklists, tools that we recommend
▶ Group support
▶ Membership area
▶ Online courses
7.2 Pricing
Programme fees are charged at the quoted rate plus VAT.
7.3 Coaching and group support
7.3.1 Coaching support is provided within groups for the period appropriate to your participation in the program. Applicable terms will apply, which can be found in each group. The rules are provided in the group description and are accessible before you join.
7.3.2 Notwithstanding any individual group rules, you may not use our groups to promote your business (other than by responding directly to admin requests), nor sell your services to group members outside the group unless they have expressly invited you to do so. The groups are there to provide customer support of our services and there is no right to post on any other subject. Any off topic posts, or posts deemed by the moderator to be insulting or aggressive or inappropriate in any way will be removed.
7.3.3 If you are in breach of these Terms or the rules of the group, we reserve the right to suspend or terminate your group support without compensation or a right to substitution, and without prejudice to other remedies we may have.
7.3.4 Recording
We may record and monitor courses. We may publish the complete recordings or edited highlights. You agree that all property rights of any nature in the content of sessions belong exclusively to us.
7.4 Delegate substitution
Substitution of delegates is not permitted for online courses.
7.5 Rescheduling, cancellation and variation
7.5.1 Once a private session has been firmly booked, you may not change it unless we agree in advance.
7.5.2 We shall have the right to change the trainer(s) at our absolute discretion.
8. The Freedom Geek Support Services
8.1 The Freedom Geek Support services include the following:
▶ Video Editing
▶ Other services may be added in phases. Active services will be made available on our main Support Services page.
8.2 Video Editing Services
8.2.1 Our editors will use 3rd party applications and software to fulfill the editing work required.
8.2.2 Project files will not be provided to the Client. The final output will be turned over upon approval and completion of the project. We will keep the files for 180 days after the project is completed and then these will be deleted.
8.2.3 Revisions on a project are unlimited, but will count towards the hours to be consumed.
8.2.4 Video preview and final video rendering will be counted as part of hours to be consumed. Fixed video rendering time allocation will be counted based on the guideline below. These may be subject to change without prior notice.
8.2.5 To ensure fair allocation of resources and maintain our competitive pricing, we have implemented a fair usage policy for editors' computing power. This policy allows us to deliver high-quality editing services at accessible rates, significantly lower than typical costs in markets like the UK and US.
8.2.6 Time consumed will include all activities relating to the allocated editor working on the project including previews, revisions, final renderings, all communications with the editors to define requirements/revisions including calls, emails, and messaging.
8.3 Pricing
8.3.1 Pricing for support services is as set out on our email communication with you and on the payment page. For this service, we use a bucket structure where you purchase a set number of hours and as our team works on your projects, the hours are consumed.
8.3.2 Used hours are non-refundable.
8.3.3 Every purchase of hours is valid for 90 days. If you purchase another bucket before the end of the initial 90 days, your total balance of hours will follow the latest purchase validity of 90 days. The only exception is the Taster promotion, where the hours will be valid for 30 days.
8.3.4 Prices may change at any time and the services do not provide price protection or refunds in the event of a price reduction or promotional offering.
8.4 Refunds and guarantees
8.4.1 Used hours are non-refundable.
8.4.2 We will provide the Client a 60-day guarantee beginning on the date of purchase of a bucket in which the Client may have the option to cancel and receive a refund on 50% of the unused hours. A written notice is required for us to process the refund. The only exception to this is the Taster promotion, where payment is non-refundable.
9. Definitions, Liabilities,
Complaints, Other Legal Stuff
9.1 Definitions
9.1.1 We: The Freedom Geek Ltd (more fully described above)
9.1.2 You: the person, form or organisation for whom we are providing Services or products.
9.1.3 Confidential Information: means all information
▶ that we discover because of or through our connection with you; and
▶ which is about or relating to you or your business (including financial information, products, services, service levels, customer satisfaction, proposed services and products, pricing, and margins) or your people (including your directors or partners, investors, staff, suppliers, customers, clients, prospects and contractors); but
▶ “Confidential Information” does not include information that is openly published by you, or information that is publicly available without breach of our confidentiality obligation.
9.1.4 EU Data Law: means the EU General Data Protection Regulation 2016/679 (as amended and replaced from time to time) (“GDPR”) and the e-Privacy Directive 2002/58/EC (as amended by Directive 2009/136/EC, and as amended and replaced from time to time), and all English legislation implementing, varying or applying those provisions (including the Privacy and Electronic Communications (EC Directive) Regulations 2003 and the Data Protection Act 2018, as amended or varied)
9.1.5 Including: the word “including” shall not imply any limitation on the generality of the concept or thing of which examples are being given
9.1.6 Materials: means written, audio and visual materials produced in the course of or to support delivery of or included in the output of Services, including proposals, videos, calculations, reports, designs, flow charts, plans, notes and reference material
9.1.7 Rights: means
▶ all intellectual property rights including (but not limited to) copyrights, patents, registered designs, design rights, trademarks, service marks, and
▶ the right to apply for or register any intellectual property right protection, and
▶ all rights relating to trade secrets and other unpublished information.
9.1.8 Services: the work or goods or products or downloads to be supplied by us to you.
9.2 Disclaimer
Advice given and documentation drafted by us is designed to supplement good practice and procedure – it cannot replace them. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
9.3 If you are not happy, what should you do?
We aim to meet or exceed your expectations. If you have any complaints about our services, please do not hesitate to email us at [email protected].
9.4 Exclusion and limitation of liability
9.4.1 Any personal liability of any of our directors, partners, employees, agents or sub-contractors arising in any way out of the performance or non-performance of the consultancy services is hereby expressly excluded.
9.4.2 We shall have no liability for any indirect or consequential losses or expenses suffered by you, however caused, including, but not limited to, loss of anticipated profits, goodwill, reputation, business receipts or contracts, losses or expenses resulting from third party claims.
9.4.3 Subject to the terms of the next paragraph, our aggregate liability to you, whether for negligence, breach of contract, misrepresentation or otherwise, shall in no circumstances exceed the cost of the provision of the services which gives rise to such liability in respect of any occurrence or series of occurrences.
9.4.4 Nothing in these Terms shall be interpreted as excluding or restricting any legal liability on us for death or personal injury resulting from our negligence or the negligence of our employees, agents or sub-contractors.
9.5 Termination
Further work on a project may be terminated at any time by either party, by notice in writing to the other party, without prejudice to the obligation to pay for all fees and expenses already incurred. Firm commitments entered into are to be honoured, whether for performance before or after actual termination date.
9.6 Force majeure
We will not be liable for failure to provide services where it is not reasonably practicable to do so due to circumstances beyond our control.
9.7 Severability
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, wording shall be deleted from it to the minimum extent necessary to make the term enforceable, or if that is not possible the offending provision or part-provision shall be deleted. The validity and enforceability of the rest of these Terms shall be unaffected.
9.8 No waiver
If we or you delay or fail to enforce any of these Terms on any occasion, that will not affect or limit our or your ability to enforce that term on any other occasion or at any other time.
9.9 Applicable Law
All contracts for the supply of goods or services by The Freedom Geek Limited shall be governed by English law and subject to the exclusive jurisdiction of the English courts.
