Terms of Business 2025

It is mutually agreed that the following terms and conditions form an integral part of this contract and that no variation or modification shall be effective unless accepted by Future Stories in writing.

1. INTERPRETATION

1.1.    The following definitions and rules of interpretation apply in these Conditions:

“Future Stories”

Future Stories is a company incorporated and registered in England with company number 14176919. The company registration address is 14 Devon Road, Bristol, BS5 9AD.

“Business Day”

a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

“Charge(s)”

the charges payable by the Client to Future Stories in respect of the Services, including those set out in the Statement of Work together with any charges arising from any changes or any matters in addition thereto or otherwise in accordance with these terms.

“Client”

the person or firm who purchases Services from Future Stories

“Client Default”

has the meaning set out in clause 7.4.

“Commencement Date”

has the meaning given in clause 2.1.

“Conditions”

these terms and conditions as amended from time to time in accordance with their terms.

“Contract”

the contract between Future Stories and the Client for the supply of Services in accordance with these Conditions.

“Deliverable”

any output of the Services to be provided by Future Stories to the Client as specified in the Statement of Work.

“Intellectual Property Rights”

patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“Materials”

the content provided to Future Stories by or on behalf of the Client from time to time for incorporation in the Deliverables or in relation to the performance of the Services.

“Services”

the services supplied by Future Stories to the Client as set out in the Statement of Work.

“Statement of Work”

the description or specification of the Services to be provided, provided in writing by Future Stories to the Client, and any subsequent Statement of Work agreed in accordance with this agreement.

“Course”

a course, program, workshop, or other educational tool created, amended, or otherwise generated by Future Stories pursuant to the Services.

1.2.   A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

1.3.   Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.4.   A reference to person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

1.5.   A reference to writing or written excludes fax but includes email.

2. BASIS OF CONTRACT

2.1.   On the earlier of:

2.1.1. the Client accepts the Statement of Work (whether in writing, online, or otherwise);

2.1.2. the parties each otherwise indicate in writing (which may be by email or other electronic communication) their acceptance to be bound by its terms; and

2.1.3. any act by Future Stories consistent with providing the Services ,

the Contract shall commence and come into effect (“Commencement Date”).

2.2.  This Contract shall continue, unless terminated earlier in accordance with clause 10, until completion of the Services when it shall terminate automatically without notice, save that where the Services are noted in the Statement of Work as being provided on a monthly or other regular basis (“Retained Services”) then in respect of those Retained Services this Contract shall start on the commencement date and continue thereafter until either party gives to the other at least eight week’s written notice to terminate the Retained Services.

2.3. The Client may procure any of the services from time to time offered by Future Stories  in the ordinary course of business by agreeing a further statement of work with Future Stories. For the avoidance of doubt, the Services (including the Retained Services) shall not include services not expressly set out in the Statement of Work.

2.4. Any samples, drawings, descriptive matter or advertising issued by Future Stories , and any descriptions or illustrations contained in Future Stories’s catalogues or brochures, or on Future Stories ’s website, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.

2.5. These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.6. If there is a conflict between the terms of the Statement of Work and these Conditions, then these Conditions shall prevail.

2.7. Any quotation given by Future Stories shall not constitute an offer and is only valid for a period of 30 Business Days from its date of issue.

3. SUPPLY OF SERVICES

3.1.  Future Stories shall supply the Services to the Client in accordance with the Statement of Work in all material respects.

3.2. Future Stories reserves the right to amend the Statement of Work if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and Future Stories shall notify the Client in any such event in writing.

3.3. Future Stories warrants to the Client that the Services will be provided using reasonable care and skill.

3.4. Future Stories is only responsible for the Services set out in the Statement of Work and unless expressly stated otherwise in the Statement of Work, takes no responsibility and is not liable for:

3.4.1.  search engine, digital store, or other similar rankings;

3.4.2. the amount of money, profit, or savings (whether pecuniary or time-related) generated by or derived from the website or any other learning tool, social media, or other online presence;

3.4.3. obtaining licences for materials included in the Materials;

3.4.4. services which the Client instructs third parties to carry out or any fees payable to such third parties;

3.4.5. reviewing or maintaining the Client’s customer databases or advising on compliance with data protection laws (or any other applicable laws, rules, or regulations);

3.4.6. making design or any other changes or alterations that do not adhere to the criteria set out in the Statement of Work.

4. CLIENT’S OBLIGATIONS

4.1. The Client shall:

4.1.1. ensure that the terms of the Statement of Work and any information it provides for the purpose of or pursuant to the Statement of Work are complete and accurate and hereby confirms that the Services detailed are suitable for and satisfy the Client’s needs and expectations;

4.1.2. co-operate with Future Stories in all matters relating to the Services;

4.1.3. provide Future Stories with such information and materials as may reasonably be required in order to supply the Services, and ensure that such information is complete and accurate in all material respects;

4.1.4. obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start or, if the need for such arises later, as soon as possible;

4.1.5. comply with all applicable laws and regulations;

4.1.6. comply with any additional obligations as set out in the Statement of Work.

4.1.7. report to Future Stories in as much detail as possible any problems or issues in relation to the Services, or circumstances that may reasonably give rise to such, as soon as the Client becomes aware of them;

4.1.8. notify Future Stories as soon as possible of any circumstances which could impede or otherwise affect performance of the Services, providing as much detail as possible;

4.1.9. provide Future Stories with all information and assistance (including Materials) Future Stories asks for to provide the Services, including answering its questions promptly and in any event within 10 Business Days of Future Stories asking for the information or such other more urgent timescale Future Stories  may request;

4.1.10. not access, store, distribute or transmit any material during the Client’s use of the Services or Deliverables (including on the Website) that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive, facilitates or constitutes illegal activity or violates any applicable laws, is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability or any other protected characteristic or promotes unlawful violence;

4.1.11. ensure that the Materials do not infringe any applicable laws, regulations or third party rights and is not obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite hatred (racial or otherwise) or acts of terrorism, menacing, blasphemous or in breach of any third party Intellectual Property Rights); or

4.1.12. not cause damage to any of the systems or networks used by Future Stories for or relating to the Services.

5. CHARGES AND PAYMENT

5.1.  The Charges shall be calculated in accordance with Future Stories’s daily fee rate as set out in the Statement of Work and contract.

5.1.1. Future Stories ‘s daily fee rates are calculated on the basis of a 7.5 hour day worked on Business Days;

5.1.2. Future Stories shall be entitled to charge the Client for the cost of any travel or materials, e.g. train travel or stock photography, as notified to the Client in advance. This will be added to invoices as a cost charge, and set out in the Statement of Work.

5.2 Future Stories will invoice the Client at such times as are set out in the Statement of Work. The Client shall pay all invoiced amounts within 30 days of the date of invoice to a bank nominated by Future Stories and time for payment shall be the essence of the contract.

5.3  In the event Future Stories incurs any costs, damages, liabilities, or losses (including any administrative, time costs, legal costs or disbursements) as a result of any act or omission by the Client or its officers, employees, agents, contractors or subcontractors, or the Client or foregoing persons providing Future Stories with incomplete, inaccurate, or misleading instructions, information or materials then Future Stories may charge such to the Client in addition to the Charges at Future Stories’s prevailing daily rates.

5.4  All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

6. DEFAULT IN PAYMENT

6.1.  If the Client fails to make any payment by the due date for payment, then, without limiting Future Stories’s remedies under or in relation to the Contract, the Client will pay interest on the overdue sum from the due date until payment, whether before or after judgment. Interest under this clause will accrue each day at 8% a year above the Bank of England’s base rate, in line with government statutory interest on late payments.

6.2.  The Client will pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than as may be required by law).

6.3.  If the Client does not pay Future Stories on the due date for payment, whether under the Contract or any other agreement with Future Stories, Future Stories  may:

6.3.1. Stop providing the Services (and any other services Future Stories is providing to the Client (or for the Client) whether under this Contract or otherwise), until the Client pays any amounts which are overdue and until the Client pays any interest on such overdue amounts; and

6.3.2. Stop the Client from being able to access any interface, system, platform or similar that enables access, use, and management of the Website until the Client pays any amounts which are overdue and until the Client pays any interest on such overdue amounts.

7. TIMINGS

7.1.   Any timings for performance of the Services shall be set out in the Statement of Work or agreed by the parties in writing. Whilst Future Stories will use reasonable endeavours to meet any timings in the Statement of Work or otherwise agreed in writing, all timings given or agreed are estimates only and time shall not be of the essence for performance of the Services. Future Stories will always keep the Client up to date on timings.

7.2.  Any delay in the completion of the design due to unforeseen illness, or events out of Future Stories ’ control (including those set out at clause 19.8) will mean the Services may be delayed. You will be notified in writing if this is the case.

7.3.  For the avoidance of doubt, Future Stories cannot be held responsible for any delays in the completion of the Services if the Client does not promptly, and in any event within 3 Business Days (or such other timescale as she may reasonably request), provide Future Stories  with all confirmations, information, documentation, materials and assistance reasonably requested in the form and manner reasonably required.

7.4. If Future Stories ’ performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation (Client Default):

7.4.1. without limiting or affecting any other right or remedy available to it, Future Stories  shall have the right to suspend performance of the Services until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations in each case to the extent the Client Default prevents or delays Future Stories  ’s performance of any of its obligations;

7.4.2. Future Stories shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from Future Stories’ failure or delay to perform any of its obligations further to this clause 7.4; and

7.4.3. the Client shall reimburse Future Stories on written demand for any costs or losses sustained or incurred by Future Stories  arising directly or indirectly from the Client Default.

7.5. In the event that the Client Default is material or otherwise subsists for longer than 10 Business Days, Future Stories may in its sole discretion elect whether or not to re-commence the Services. If it does re-commence the Services, Future Stories may charge the Client an additional re-commencement fee of 15% of the total Charges paid and payable for in relation to the time spent re-commencing the Services and for any other resultant work that may be required to continue the Services. If Future Stories  exercises its rights in respect of late performance under this clause it shall not be entitled to any further remedies regarding losses or costs it suffers or incurs in relation to the re-commencement of the Services.

7.6. Future Stories can interrupt, postpone, delay, limit, or curtail the Services where it is reasonable for to do so and where:

7.6.1. Future Stories must take action to comply with any applicable law or regulation;

7.6.2. Future Stories needs to carry out maintenance, inspection, servicing, repair, renewal, or replacement of the services or the systems or networks used to provide the Services; and/or

7.6.3. there is an error in any of the systems, platforms, software or hardware utilised or required in relation to the Deliverable or performance of the Services.

8. CLIENT RELATIONSHIP

Future Stories is acting as an independent contractor. Employees and sub-contractors of Future Stories are not undertaking the Services as any employee of the Client, nor entering into a joint venture or partnership with the Client. Future Stories reserves the right to seek advice or assistance of the Client or any third party when required.

9. CHANGES

9.1.   Either party may propose changes to the scope or execution of the Services to be provided under the Statement of Work but no proposed changes shall come into effect until a relevant change order has been agreed in writing by both parties. A change order shall be a document setting out the proposed changes and the effect that those changes will have on the Services to be provided under the Statement of Work, applicable charges, timetable, and any of the other terms relevant.

9.2.  If the Client wishes to make a change to the Services to be provided under the Statement of Work it shall notify Future Stories and provide as much detail as Future Stories  reasonably requires, after which Future Stories  shall provide a draft change order to the Client. If the parties agree to a change order in writing, that change order shall amend the Statement of Work.

9.3.  Additions, alterations, changes in content, layout or process changes requested by the Client, will likely alter the time and cost. The Client shall offer Future Stories the first opportunity to make any changes and shall not offer such opportunity to any other person until Future Stories has provided a Statement of Work or in relation to such has declined the opportunity

10. TERMINATION

10.1. The Client may terminate the Contract (to the extent it does not apply to Retained Services – in which case clause 2.2 applies) at their convenience by giving written notice as per the details of the contract. In the event of termination of the Contract by the Client, any monies paid prior to cancellation are non-refundable and the Client will be required to pay for any Services performed prior to cancellation which have not been paid for (irrespective of whether such have been invoiced) and costs incurred in anticipation of performance of the Services which have not been paid for.

10.2. In the unlikely event of Future Stories not being able to complete the Course due to illness or events out of its control, another professional & reputable freelance contractor will be recommended to complete the work. Future Stories reserves the right to terminate the Contract at any given time by providing written notice of four weeks (with the exception of Retained Services in which case clause 2.2 applies).

10.2.1 In the event of cancellation termination of the Contract by Future Stories under this clause and such termination does not arise out of or is connected to any of the matters set out in clause 7.4, 11.4 or any other act or omission of the Client, then any monies paid prior to termination in respect of Services which are yet to be performed or costs that are yet to be incurred, shall be paid to the Client by Future Stories .

10.4. Without affecting any other right or remedy available to it, Future Stories may terminate the Contract with immediate effect by giving written notice to the Client if:

10.4.1. the Client persistently breaches the Contract or commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so;

10.4.2. the Client takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

10.4.3. the Client suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business;

10.4.4. the Client’s financial position deteriorates to such an extent that in Future Stories’ opinion the Client’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy;

10.4.5. the Client fails to pay any amount due under the Contract on the due date for payment;

10.4.6. the Client or its officers, employees, agents, contractors or subcontractors do any act matter or thing which shall, or may, adversely affect the interests of Future Stories , its business, or its officers or employees (including, for example reputational damage).

10.5. Without affecting any other right or remedy available to it, Future Stories  may suspend the supply of Services under the Contract or any other contract between the Client and Future Stories if the Client fails to pay any amount due under the Contract on the due date for payment, the Client becomes subject to any of the events listed in clause 11.2 to 11.4.6, or Future Stories  reasonably believes that the Client is about to become subject to any of them.

10.6. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.

11. INTELLECTUAL PROPERTY RIGHTS

11.1.  All Intellectual Property Rights in or arising out of or in connection with the Services (including the Deliverables) shall be owned wholly and exclusively by the Client.

11.2. Where the Client acquires title to any Intellectual Property Rights referred to in 11.1, such Intellectual Property Rights shall be assigned by the Client to Future Stories   (or such other person as Future Stories   may nominate) on the request of Future Stories  whenever that request is made, and the Client shall promptly do all such acts, matters and things as Future Stories  may reasonably require (including the execution and delivery of any documentation) in connection with such assignment.

11.3. Subject to clause 11.8, Future Stories shall not acquire any right, title or interest in or to the Intellectual Property Rights in the Materials.

11.4. The Client acknowledges that no further remuneration or compensation other than that provided in this Contract is or may be payable in respect of the performance of its obligations under this clause 11.

11.5 The Client grants Future Stories a fully paid-up, non-exclusive, royalty-free non-transferable licence to use the Materials for the term of the Contract for the purpose of providing the Services to the Client.

11.6. All Intellectual Property Rights on content and educational materials provided by Future Stories to the Client, to support the delivery of Services, remain owned by Future Stories. Future Stories grants the Client a perpetual, non-exclusive, royalty free licence to use the content and educational materials to the extent necessary for the Client to receive and use the Deliverables in its business as reasonably contemplated in the Statement of Work.

11.7. Following prior consent in writing by the Client (such consent not to be withheld or delayed), Future Stories may include any work done for the Client, including the Deliverables and their contents (at any time and any part thereof) including the Materials within any testimonials, portfolio, advertising material, magazine, website, blog or social media page and the Client hereby grants Future Stories an irrevocable, unlimited, royalty free licence of the foregoing for such purposes.

11.8. The Client is fully responsible for ensuring they have obtained full licences or permissions to use the Materials. For the avoidance of doubt this includes but is not limited to all photography, fonts, copy and content, design elements and branding of other companies. Future Stories cannot be held responsible for any losses, costs, damages, claims or other liabilities suffered or incurred by the Client for unlawful use of any Materials.

12. PROOFING (this section relates to the provision of agency and consultancy services only, not fractitioner chief CMO or CCO services)

12.1. Future Stories may, in the course of providing agency services, provide the Client with drafts, templates, samples, or other proofs of any work for approval (Proofs). The Client shall review all proofs promptly, carefully, and diligently and promptly notify Future Stories  in reasonable detail of any errors or omissions in the Proofs (Amendment Notice) or whether the Proofs are approved. The Client shall be entitled to issue Amendments, as set out in the Statement of Work. On giving an Amendment Notice, all elements of the Proof which are not detailed in the Amendment Notice shall be deemed to be approved. If an Amendment Notice isn’t given within 14 days of the Client receiving a Proof then all elements of the Proof shall be deemed to be approved. An Amendment Notice may not be issued in respect of matters previously approved, whether in the latest or an earlier Proof, unless such previously approved matters have been amended by Future Stories after such approval.

12.2. The Client shall act reasonably and in good faith in relation to the giving of an Amendment Notice.

12.4. If an amendment to a Proof has already been approved by the Client or is a deviation from the Statement of Work then such amendments shall be charged at Future Stories ’ standard rates from time to time. Future Stories shall notify the Client of any material changes to the timescale for the performance of the Services resulting from any such amendments.

12.5. Future Stories  shall bear no responsibility or liability in relation to any errors or omissions of any kind not detailed in an Amendment Notice nor for any Proof (or part of such) approved by the Client and Future Stories  shall be entitled to proceed with the Services wholly on the basis of the approval given by the Client.

12.6. In the event that:

12.6.1. any subsequent alterations, amendments, or additional works (and therefore any further drafts, proofs, or similar samples or other work) are required following initial approval by the Client; or

12.6.2. any element of the Services or Deliverable (such as design, content, style, type, or layout) is left at Future Stories ’ discretion and any alterations, amendments or additional works (and therefore any further drafts, proofs, or similar samples or other work) are requested or desired by the Client.

then the costs of such may be charged to the Client as an additional charge at the standard rates of Future Stories, from time to time.

12.7. Any mistakes noticed after completion are not Future Stories’ responsibility. Any amendments will be charged at Future Stories’ standard rates.

13. CONFIDENTIALITY

13.1. Each party undertakes that it shall not at any time during the contract disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 13.2

13.2. Each party may disclose the other party’s confidential information:

13.2.1. to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 17; and

13.2.2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

13.3. Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.

14. COMPLAINTS

Any complaints should be raised by the Client with Future Stories, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the Deliverable.

15. LIMITATION OF LIABILITY

15.1. The restrictions on liability in this clause 15 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

15.2. A party may not benefit from the limitations and exclusions set out in this clause 15 in respect of:

15.2.1. any liability that cannot be legally limited by law;

15.2.2. any indemnity given by that party under this agreement; and

15.2.3. where such liability arises out of the wilful misconduct of that party

15.3. Subject to clause 15.2, neither party shall be liable to the other for any indirect or consequential loss.

15.4. Subject to clause 15.2, the total cumulative liability of a party to the other in respect of any claims arising out of or in connection with this Contract (including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise) shall not exceed the total Charges paid and payable under the Contract.

15.5. Future Stories  has given commitments as to compliance of the Services with relevant specifications in this Contract. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

15.6. Unless the Client notifies Future Stories  that it intends to make a claim in respect of an event within six months of the date that the Client became, or ought reasonably to have become, aware of the event giving rise to the claim having occurred, Future Stories  shall have no liability for that event. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

15.7. The Client shall indemnify Future Stories  from and against all losses, damages, costs, expenses (including professional advisors’ costs and disbursements, legal costs, and disbursements (including for the avoidance of doubt any court or similar fees) incurred in connection with or arising out of:

15.7.1. any action or claim: that materials, or content placed by any person other than Future Stories, constitutes Inappropriate Content; made against Future Stories by a third party arising out of or in connection with the provision of the Services, to the extent that such claim arises out of the Client’s (or its employees’, agents’, contractors’ or subcontractors’) breach, negligent performance or failure or delay in performance of the Agreement;

15.7.2. the Client’s breach of the terms of any third party intellectual property rights utilised in relation to the Services;

15.7.3. the Client’s breach or negligent performance or non-performance of this agreement; and

15.7.4. the enforcement of this agreement (including but not exclusive to the collection of any amount payable to Future Stories   that is due and outstanding).

15.8. Future Stories shall not be liable to the Client or be deemed in breach of the agreement by reason of any delay in performing, or any failure to perform any of Future Stories’ obligations in relation to the goods, if the delay or failure was due to any cause beyond Future Stories  ’s reasonable control. Without prejudice to the generality of the foregoing the following shall without limitation be regarded as causes beyond Future Stories ’ reasonable control:

15.8.1. Act of God, explosion, flood tempest, fire or accident, epidemic or pandemic;

15.8.2. War or threat of war, sabotage, insurrection, civil disturbance or requisition;

15.8.3. Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of governmental, parliamentary or local authority;

15.8.4. Import or export regulations or embargoes;

15.8.5. Strikes, lock-outs or any other industrial actions or trade disputes;

15.8.6. Difficulties in obtaining raw materials, labour, fuel, parts or machinery;

15.8.7. non-performance by suppliers or subcontractors and interruption or failure of utility services; and

15.8.8. Power failure or breakdown in machinery and equipment.

15.9. This clause 15 shall survive termination of the Contract.

16. ASSIGNMENT

16.1. Following prior consent in writing by the Client (such consent not to be withheld or delayed), Future Stories may at any time assign, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.

16.2. The Client shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of Future Stories .

17. VARIATION

Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

18. ENTIRE AGREEMENT

18.1. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

18.2. Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

19. WAIVER

A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

20. SEVERANCE

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 24 shall not affect the validity and enforceability of the rest of the Contract.

21. NOTICES

21.1. Any notice given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case).

21.2. Any notice shall be deemed to have been received:

21.2.1. If delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; and

21.2.2. If sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service.

21.3. This clause 21 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

22. DATA PROTECTION

Future Stories  will use your personal information in accordance with the Privacy Policy which can be found at https://www.samanthabrownmarketing.com/privacy-policy

23. THIRD PARTY RIGHTS

23.1. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.