Terms and Conditions - GILES METCALFE DIGITAL

You’ve landed on my Terms and Conditions page. I’m assuming that you’re here for one of two reasons:

You’ve clicked on the link by mistake, or
You’re thinking about working with me

If it’s the latter, please read and fully understand the Terms and Conditions (T&Cs) below.

My Terms and Conditions (T&Cs)

These terms and conditions are designed to ensure that both The Freelancer (aka Giles Metcalfe, and Giles Metcalfe Digital) and The Client understand how we are going to work together and that there is clear and fair protection in place to minimise risk and loss for all involved. Both The Client and Giles Metcalfe Digital are equally responsible for communicating with each other about what their expectations are and how their requirements will be met. If anything in these terms and conditions is unclear or appears inappropriate or irrelevant to your business or project, please don’t hesitate to discuss it with me.

All digital marketing and auditing services are offered on a freelance basis, and due consideration should be given to The Freelancer in that respect.
All costs provided do not include VAT as I am a sole trader and not VAT Registered.
Costings are valid for thirty days from the date of the quotation. The costs provided when quoting are guide prices based upon what Giles Metcalfe Digital anticipates the time and effort involved in onboarding a new client and setting up and managing the appropriate digital marketing channels (or delivering training and consultation) to be. This is based on previous experience and on typical processes, subject to full client co-operation in the provision of resources and access to accounts. Within reason, additional charges may be payable if there are significant variations to this, although the client would be made aware of this well in advance. Charges are unlikely to deviate from those quoted unless requirements change significantly.
What does the quote mean? All quotes issued by Giles Metcalfe Digital are valid for 30 days from the date of issue, although they don’t spontaneously combust or magically turn into pumpkins on the 30th night. If you need more time to think about a quote, just let me know and I’ll see if we can extend the validity for you. Most of my quotes are fixed price and cover a fixed scope of work as described. Whilst I may estimate the number of hours that I think the job will take, rest assured your quote is fixed and I’ll stick to it. There are some projects or assignments where it is not possible to provide a fixed price quote and these will clearly state that they are estimated and not fixed price. Please also note that my rates might change from time to time, in which case I’ll give you as much notice as I can, but a minimum of 30 days. Any changes to my rates will not affect existing quotes within their validity period or any current or scheduled projects where costs have already been agreed. Basically, if I’ve agreed a cost then we have agreed a cost – simple as that! Rate changes only apply to new work where costs have not yet been agreed, natch.
When does a project or assignment begin? A project or assignment begins and these terms become effective on the day that the client approves a quote or confirms that they are happy for The Freelancer to proceed with the work.
Want to back out? No problem. No harm no foul if you change your mind after you approve a quote and back out before the agreed project or assignment start date. When no work has been done by The Freelancer there is no charge. If you change your mind and wish to cancel a project or assignment after work has started then I will simply charge for the time that I have already spent working on it, rounded up to the nearest whole day (7 hours).
If I change my mind and decide to back out of a project or assignment for any reason, I will give you as much notice as reasonably possible, refund any money paid for work not yet delivered and do my very best to hook you up with an alternative provider that I know and trust.
Payment at time of booking an Audit, Consultancy or Training Session – events such as Guided Zoom Audits, Consultancy or Training Sessions are paid for in advance at the time of booking through my Calendly page. This reassures me that you are serious about the session(s) and also provides me with essential cash flow. Please be aware that money paid to me at the time of booking a session is non-refundable. If you can’t make the session then you can re-schedule it via Calendly. I will make every effort to fit you in should you need to re-schedule your session, but give me enough notice. I ask you to realise that, when you forget your appointment or fail to cancel with enough notice in advance, I miss out on an opportunity to fill that time slot or do something else constructive like paid work or networking. Since it’s easy to forget an appointment made months in advance, I limit how far ahead you can book and reminders go out to you to prompt you to attend. If you don’t show up for our session, or cancel it at very short notice and don’t reschedule it, cancellation fees will apply and no refunds will be given. No exceptions.
Cancellation policy terms are non-negotiable, and the fees are:
– Less than 24 hours’ notice will result in a fee of 100% of the reserved service price being retained.
– “No show” will likewise give rise to 100% of the booked service price being retained.
This cancellation policy enables me to keep my schedule filled and maximise the best use of my available time.
Payment Terms for Invoices – Unless otherwise stated or previously agreed in writing, all invoices are payable either:
a) on receipt, or b) within 7, 14 or 30 days of the invoice date, depending on your Payment Terms, which it would be great if you tell me about in advance of starting any work.
What if you don’t pay? In the unlikely event that you decide not to pay for something that you have asked me to do, I will do my best to work with you to find a solution. However, I will eventually need to draw the line. That’s only right and proper. If an invoice is 3 months overdue and we have not agreed a suitable payment date for you to settle it then I reserve the right to seek legal advice and pursue recovery. We don’t want it to ever come to that, so being open and honest with me about your circumstances before we start working together is really important. Good businesses pay their freelancers and suppliers on time. End of. That means within 30 days tops.
Please don’t send a cheque (or pay in cryptocurrency). My accepted payment methods are stated on my invoices. These include bank transfer or Stripe. Don’t send me a cheque. Please. Pretty please. Only my Mum ever does that. It’s the 21st century and as much as I love my Mum and her old school ways, I don’t love cheques. They’re a faff, even if I can pay them in via my banking app.
Almost all of the work that I do is charged at my standard rate. However, if you ask me to work in the evening, night time, weekend or Bank Holidays when I would normally be doing something else more fun instead, then I think it is only fair to charge extra. Similarly, if you contact me with something that you consider to be urgent and it falls outside of my usual remit, I’ll do my best to help as quickly as I can, but it will likely mean additional work and quite possibly a bit of stress, so naturally I’ll charge extra in those circumstances. Any extra charges will be added to your next invoice and itemised or invoiced for separately. Just to be clear, if out of hours work or urgent work is required through some fault of my own, or because I just feel like working in the middle of the night, I won’t charge you extra for that.
So, what are your standard working hours? I’m freelance self-employed. I work flexible hours and take time off. However, my core working hours are 10am to 4pm, Monday to Friday, excluding national holidays.
What if my requirements change? There are times during projects or assignments when you might need to change your requirements or ask for something extra. A change request is defined as anything not written in the original brief, agreed scope or quote. When you make a change request, it might well mean that the amount of work involved in the project or assignment will change. If extra work is incurred then I will charge for the extra time that I spend on it – which is only fair, right? – and you agree to pay for this time unless otherwise agreed in writing. If the job gets smaller then lucky you – I will discount your next invoice by the amount of time saved. In the case of copywriting work, most fixed price copywriting projects include some time for amendments within the scope of the original brief, but these second or third draft iterations aren’t open-ended. They expire at the point where you approve the text either verbally or in writing, or if you change the brief. After that point, the time spent on any extra draft changes that you request will be charged for at my hourly rate.
You may well have also figured out that different work takes different time, so any changes to the spec could affect your project or assignment delivery timeline. In some circumstances I might also have to delay your website or landing page launch, or the start date of a Google Ads Campaign, in order to give myself enough time to complete the changes, but if this is the case, I will let you know so that you have the option of holding back the changes until after launch.
Talking about timelines – I take timing seriously and do my absolute best to ensure that your project or assignment launches or is ready to go on time, even in cases where I face delays and changes along the way. There are some things that you can also do to help ensure that you get work delivered when you need it, including telling me exactly when you need it and being honest and telling me the reasons why this date is important to you. And no, yesterday is not possible. Give me the information, feedback, resources, access and assets that I need to do the task promptly and in the formats that I ask for. I can’t do the job you are paying me to do properly without being supplied with everything that I need. I may ask you for stuff from time to time and I will need it in a timely manner. As mentioned above, it is your project and you are welcome to change your mind, but it is important to understand that changes can require extra time. If you have a fixed deadline, it is important to be clear and decisive.
If a project is being delivered in ‘phases’, such as a Website SEO Review, then Keyword and Search Term Research, followed by PPC Campaign Creation and ongoing Account Management; payment in full for each completed phase will be required before proceeding to the next phase.
What if I stuff up? I work very hard to ensure that I consistently deliver high quality services but I’m only human. If I stuff up, I will put my hand up, admit responsibility and take ownership, sort it out or try to find a suitable way of making it up to you.
The client agrees to alert Giles Metcalfe Digital in writing via text or email to any defects or problems in relation to work and services provided, at which point Giles Metcalfe Digital will respond in a timely fashion following receipt and the communication being read. This means within 24 hours (during business hours), or within a reasonable period of time outside of business hours (evenings, weekends, Bank Holidays and UK Public Holidays, or when The Freelancer is on personal leave or on holiday). The Freelancer will respond at his earliest opportunity, which may be the recommencement of regular working hours.
Giles Metcalfe Digital accepts no liability for a negative ROI or ROAS in the case of a Google Ads PPC Campaign. Although The Freelancer will do everything in his power to get a positive ROI/ROAS, there is no guarantee of this and the client needs to be aware that their money is at risk.
It is presumed that The Client will have undertaken due diligence in respect of understanding the relevant digital marketing activity being asked for and undertaken by Giles Metcalfe Digital, and that The Client understands what is involved and what the potential outcomes may be.
The Client has a duty of care to Giles Metcalfe Digital to make explicitly clear what their requirements are and provide a clear brief on what is expected to be delivered.
If the scope of the intended work and its implementation is explicitly detailed in any quotations, reports or other documents submitted to the client by Giles Metcalfe Digital, it is understood by The Freelancer that The Client is in agreement and accepts the methodology unless The Client informs The Freelancer to the contrary in writing. Failure to do so will be taken as a tacit understanding of and agreement to the stated methodology by The Client in the event of any disputes or proceedings. So, please read and make sure that you understand the quote or report before any work begins.
The Client should familiarise themselves with the financial risks inherent in any digital marketing activity, such as paid advertising, before they start spending any money on it. Going into paid advertising half-arsed is a good way to waste your marketing budget, and you would be better off doing nothing and hanging on to your money rather than flushing it down the toilet.
The client agrees to indemnify Giles Metcalfe Digital and keep The Freelancer indemnified and hold him ‘without prejudice’ and harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. The Freelancer is not liable for any loss that may occur before, during or after the delivery or implementation of projects undertaken on behalf of the client. The Freelancer will not be held responsible for any delays, errors or losses arising from any third party.
3rd party stuff – I use third party platforms and services in the work that I do. Some of them are free to use, but some of them have to paid for. Any third-party services or packages that must be paid for and are required for the execution of individual projects carried out on behalf of the client by Giles Metcalfe Digital will necessitate an account being set up and Giles Metcalfe Digital being given access to it in order to conduct the relevant work.
Keeping schtum – I’m a professional, and understand that confidentiality is important. If you tell me something in confidence then I’ll ensure that I will ever utter a word about it in public without written permission. Similarly, you agree that you will do the same for me. With or without a formal NDA.
GDPR – With regards to data protection, all of my practices are regularly reviewed to ensure that your data is stored safely in line with EU General Data Protection Regulation (GDPR). I only share your data with trusted third party partners for the purposes of reasonably staying in touch and/or working on any ongoing project or assignment with you, with your consent. For more information on the data we store and your rights regarding this data, please see my Privacy Policy.
Costs provided allow for occasional, scheduled or impromptu Zoom Meetings or Calls at key stages for a reasonable length of time and appropriate remuneration for The Freelancer’s time between The Freelancer and The Client. Some meetings may incur additional charges for time spent, payable at time of booking and scheduling, although the client will be made aware of this in advance.
Want to meet up in person? On occasion, I will need to charge for meetings or on-site visits if the time required for travel and being on-site or at a different venue is not viable within the agreed budget. In that case, I will tell you that this is the case. I will never charge you for a meeting without discussing it with you first.
When does a project or assignment end? I love finishing projects as much as you do. It makes me feel all warm and fuzzy inside. We can consider a project finished when the deliverables have been achieved and are ready to be handed over to you. Obviously, we’re not talking about ongoing month-on-month work here. This only applies to one-off projects or assignments. Again, where work is being done in phases, payment for the completed phase needs to be received before the next phase is started. You can pay me via Stripe dead easily, so there is no excuse (and remember, no cheques!). Upon receipt of payment for the relevant work as part of the phased stages, we shall both consider that phase of the project complete unless we have agreed to complete some deliverables at a later date, in which case the project or assignment will be considered complete after those deliverables are done. If there is any dispute about completion of the deliverables then we shall agree on partial invoicing for the accepted elements, and invoice for the remainder when the final timelines are agreed. In the event that a project or assignment stalls for more than 30 days because of delays on your side, we reserve the right to invoice for the work completed up to that point.
Who owns the Google Ads Campaign? If I have set up a Google Ads Campaign under the umbrella of my own Google Ads Manager Account, I own the Campaign. This means that I won’t be allowing any new Account Managers access to that Campaign if we stop working together. If you give me access to an existing Google Ads Account or Campaign via my Google Ads Manager Account then you retain ownership of that Account or Campaign and can revoke my access permissions at any time. Please note that Giles Metcalfe Digital won’t be able to start work without access to the relevant account, and will not be liable for any costs or held responsible for any delays in the project as a result of clients failing to create an account and / or grant the appropriate access or levels of access permissions.
Handovers – Whilst The Freelancer will assist in any handover of account management and transition from one Manager to another to the best of his abilities, it is accepted that The Freelancer will charge for any activity above and beyond their usual duties, obligations and reasonable expectations. The Freelancer will not be accountable or held liable for any delay in the handover process due to tardiness, negligence, or technical issues on behalf of the third party taking over the administration of the account, or circumstances beyond the control of The Freelancer. No refunds or discounts will be offered by Giles Metcalfe Digital in retrospect should the above scenario arise. In fact, Giles Metcalfe Digital has a No Refund Policy. Clients will be made aware of this prior to any work commencing.
In the event of a breakdown in client and Freelancer relations, Giles Metcalfe Digital reserves the right to bring to an end any agreement with the client with immediate effect.
If it becomes apparent that Giles Metcalfe Digital cannot meet the client’s expectations – or vice versa – Giles Metcalfe Digital will invoice the client for any and all work undertaken or delivered up to that point and expect settlement in full in a timely manner.
In the event of the client calling a halt to the assignment part way through the month when an agreement is in place for month-by-month account management (for instance, in the case of Google Ads PPC Account Management), a reasonable notice period will be expected before cessation of work on the assignment or Account(s). Where no notice period is given, compensation in the form of the full usual amount invoiced becomes due. The full usual amount invoiced also becomes due and payment is expected where the agreed hours have been worked by The Freelancer or he has fulfilled his obligations by a given date, irrespective of the date and time of the month when the invoice usually falls due (i.e. at the end of the month). If Giles Metcalfe Digital has done implementation work in respect of the relevant project or assignment, to the best of their abilities, using their best judgement and best practice, and has fulfilled their obligation and responsibilities, then payment of any outstanding invoices in respect of that work will be expected – in full, and in a timely manner.
Credit where credit is due – I may use aspects of the work that I do for you, or quotes of nice things that you say about me, on my website, LinkedIn or other social media, and in other promotional documents such as case studies, unless otherwise agreed in writing. It’s great for me and great exposure for you. That is unless those details are financially sensitive or otherwise confidential. If so, I will of course respect your decision if you ask me not to.
As part of my commitment to the principles of the Good Business Charter (GBC), I pledge that I will pay my suppliers and any Freelancers or other businesses whose services I use immediately, and certainly within 30 days at most. This includes third party providers of software and services.
Giles Metcalfe Digital reserves the right to refuse client work on ethical grounds, and will never knowingly use unethical marketing tactics or techniques. Any pressure by the client to do so – overt or implied – will constitute a breach of contract and trigger an immediate cessation of the working relationship. I won’t jeopardise my Good Business Charter accreditation or break my pledge, so don’t ask me to do anything that does so.

Wow! You made it to the bottom of the page! Thanks for reading this far (if you did, and didn’t just scroll all the way down to the bottom). Go and make yourself a brew. You deserve it. I look forward to working with you!