Find a Feminist Freelancer Consultancy Directory Terms and Conditions
This website, located at www.womensaid.org.uk, (the “Site”), including the Members’ Area and Survivors Forum (each as defined in the Terms of Use), is owned and operated by the Women’s Aid Federation of England (“Women’s Aid”, “we” or “us”). Women’s Aid is a registered charity in England (No. 1054154), and a company limited by guarantee registered in England No: 3171880.
These “Find a Feminist Freelancer” consultancy directory terms and conditions (“Directory Terms”) apply to the Site, access to the directory located on the Members’ Area of our Site (the “Directory”), your listing as an individual that has established themselves as an expert in their field, or has undertaken specialist training in a field of expertise (a “Consultant”) on the Directory and your communication with our users that registered as members for access to the Members’ Area (“Members”) following their initial contact with you via the Directory page on our Site. These Directory Terms apply alongside, and should be read together with, the Terms of Use for the Site. If there is any conflict between these Directory Terms and our Terms of Use, these Directory Terms will control.
You should pay particular attention to the section called “Indemnities and Liability”, as this excludes or limits our legal liability in connection with these Directory Terms and your publication as a Consultant on the Directory. If you do not agree to these Directory Terms and the Terms of Use, we will not publish you as a Consultant on the Directory. These Directory Terms also explain that Women’s Aid is solely a platform provider and all liability for the Consultancy Services (as defined below) you provide rests with you.
Please read these Directory Terms carefully and then complete a Publication Request (as defined below) and select ‘Accept’ if you agree. Please note that your acceptance of these terms will not form a contract between us and you unless and until we have verified your identify and qualifications (as detailed under the Section headed ‘Verification Process’). If you breach any of these Directory Terms, we have the right to remove your details from the Directory and/or terminate your access to the Site immediately without notice.
Publication on the Directory
You may request to be published as a Consultant on the Directory by completing our publication form (a “Publication Request”) and providing information in relation to your skills, qualifications, credentials and expertise, and the type of services you will make available to our Members, as detailed further under the Section headed ‘Verification Process’.
Submitting a Publication Request constitutes an offer to register as a Consultant to provide the Consultancy Services specified in your Publication Request. You are responsible for ensuring that your Publication Request is complete and accurate before submitting it.
By submitting a Publication Request, you hereby represent and warrant that: (a) you are not impersonating another person; and (b) all information you provide (including in relation to your qualifications, credentials and expertise) to Women’s Aid as part of the Publication Request or otherwise is provided in good faith and is complete, truthful, accurate, up-to-date and not misleading.
When you click “Accept” (or similar) to agree to these Directory Terms, or submit a Publication Request to us, that does not mean your request has been accepted or that you will be listed as a Consultant on the Directory. We will advise you via email as to whether your Publication Request has been accepted. We reserve the right to accept or reject, or request a revision of or further information in relation to, any Publication Request in our sole discretion. Once we have notified you via email that your Publication Request has been accepted, a contract will be formed between us at that time, on and subject to these Directory Terms.
You acknowledge and agree that Women’s Aid provides the Directory to its Members solely for the purposes of allowing its Members to access details of the Consultants and the services the Consultants provide in their field (“Consultancy Services”). Women’s Aid does not accept any commissions, nor does it offer any preferential treatment to Consultants or the order in which Consultants’ details appear on the Directory. Publication data and certain other information about you are governed by our Privacy Policy.
Verification Process
‘Consultant’ status is given to individuals that have accepted these Directory Terms and have been verified by us as having appropriate qualifications and or accreditations in their field of expertise, and whose Publication Request has been accepted by us in accordance with these Directory Terms. Your publication as a Consultant on our Directory is at our sole discretion and by applying to be a Consultant, you acknowledge and agree to accept the decision of Women’s Aid in this regard.
In order to process your Publication Request we may request that you provide certain information, including:
- a CV or your personal information, work history, and education;
- expert credentials and certifications (including degree level and those from professional governing bodies);
- passport or drivers’ license;
- membership certification to your applicable regulated professional body;
- references;
- Confirmation of holding a relevant and appropriate DBS certificate
- any other information we consider necessary to process your Publication Request.
If you do not provide any of the above information or such other information as we may reasonably require when requested, we may not be able to complete the verification process and/or accept your Publication Request.
We will always advise that members carry out additional checks and require direct evidence from consultants, critically evidence of DBS certification.
We also advise that Women’s Aid members ensure that they are satisfied with the intellectual property arrangements between them and their consultant.
Fees and Payment
We charge an annual fee for the listing of your details on our Directory (“Listing Fees”). The introductory Listing Fees for tax year 2022 is £50 for anyone joining up until March 31st 2023. From April 2023 an annual listing will then be charged at £100. We may require you to pay Listing Fees to us directly via bank transfer or credit card, or we may use a third-party payment processor (“Payment Processor”). The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to these Directory Terms. We are not responsible for any errors by a Payment Processor.
You have the right to request for your details to be removed from our Directory at any time. However, you will not be entitled to receive a refund of any Listing Fees paid if your request for removal is received 14 days following the date your details are published on the Directory.
We will require payment for Listing Fees for each subsequent year on each anniversary of the date we first received payment of the Listing Fees (“Payment Date”), unless we receive written notice from you at least 30 days’ prior to the Payment Date that you do not wish for your details to be listed on our Directory for the following year. We reserve the right to increase our Listing Fees on 60 days’ notice. If you do not agree with the increase, you must give us 30 days’ notice following receipt of our notice of increase and we will remove your details from our Directory.
Contact from Members
Our Members will have the ability to contact you via the contact page available on the Directory page on our Site (the “Initial Communication”). We will receive a copy of any Initial Communications sent to you by a Member (which our Members consent to pursuant to our Member Terms). When responding to the Initial Communication you will be required to contact the Member directly by the contact information provided by the Member in the Initial Communication. We do not obtain nor require copies of any correspondence between you and any Member following the Initial Communication.
Consultant’s obligations
Following your receipt of a communication from any of our Members and prior to your commencement of the Consultancy Services you must enter into a separate agreement with the Members that sets out the nature of the relationship in respect of the Consultancy Services to be provided and any other terms required by applicable laws or regulations. Women’s Aid will not be a party to, and will have no responsibility or liability under, such agreement between you and the relevant Members.
You must: (a) ensure the Consultancy Services are provided in a professional manner, with all due skill and care and in accordance good industry practice and the equivalent standard for performing services of a similar type to those being offered and performed by the Consultant and applicable law; (b) have all necessary registrations, qualifications, certifications, regulatory approvals, consents, permits, licences and authorisations required for you to perform the Consultancy Services; and (c) cooperate with Women’s Aid if Women’s Aid is subject to any investigation, enquiry or similar relating to the Consultancy Services, your publication as a Consultant on the Directory or any other matter relating to you, or if Women’s Aid receives any complaint from a Member or any other person in relation to you or any Consultancy Services you provide.
Warranties
You hereby warrant to Women’s Aid that: (a) you have all necessary registrations, qualifications, certifications, licences, permits, consents, or approvals from and by, and have made all necessary notices to all governmental authorities having jurisdiction, to the extent required to perform the Consultancy Services; (b) you are not, have never been, and are not expected to become, precluded by a decision of a regulatory or professional body, or by any act of a competent government authority under applicable law, from carrying out the activities required to be carried out in performance of the Consultancy Services; (c) you are not, have never been, and are not expected to become, the subject of any investigation or other relevant proceedings that could (in an adverse outcome), result in any of the events described in paragraph (b) occurring; (d) acceptance and agreement of and performance of these Directory Terms by you and all documents and information to be delivered by you under these Directory Terms to the best of you knowledge and belief, will not violate any applicable law or the rights of any person; (e) these Directory Terms have been duly accepted and agreed by you and constitute your legal, valid and binding obligation, enforceable against you in accordance with their terms; and (f) you will inform us immediately if there is any change in your circumstances, including any expiration, revocation, change or otherwise to your professional qualifications or certification, or if you become subject to any investigation by any industry or regulatory body or any legal proceedings or any nature in your professional capacity; and (g) you will comply with all applicable data protection laws in relation to your processing of users’ personal data.
Removal from the Directory
You acknowledge and agree that we may remove your publication as a Consultant from our Directory at our sole discretion, at any time and for any reason, without prior notice to you.
You may request for your details to be removed from the Directory at any time. Following your request we will remove your details as soon as reasonably possible from the Directory.
Removal of your details from the Directory will not affect the rights or liabilities of either party accrued prior to such removal.
Liability and indemnities
You agree to indemnify and keep indemnified Women’s Aid and its affiliates and its and their officers, employees, directors and agents (collectively, the “Indemnified Persons”) on demand from and against all losses, liabilities, damages, costs and expenses incurred or suffered by any Indemnified Person(s) arising out of or in connection with: (a) any claim by a Member or other third party in connection with the performance or non-performance of the Consultancy Services or your publication on the Directory as a Consultant; (b) any breach by you of these Directory Terms; (c) any breach by you of any applicable law or regulation; and (d) any negligent or other wrongful act or omission by you.
Women’s Aid will not be liable whether in contract, tort (including negligence), breach of statutory duty or otherwise (to the maximum extent permitted by applicable law) for any: (i) loss of revenues, data, profits, contracts, use, opportunity, business or anticipated savings, goodwill or reputation (in each case whether direct or indirect); (iii) special, incidental or consequential loss or damage, suffered or incurred by you arising out of or in connection with these Directory Terms, your publication as a Consultant on the Directory or the Consultancy Services; or (iii) failure or delay resulting from any condition beyond its reasonable control.
You assume all responsibility in connection with any advice, information, materials or content you provide to our Members in connection with the Consultancy Services. In no event will Women’s Aid be liable for damages of any kind (including, without limitation, any special, incidental, or consequential damages) arising out of or in connection with any information, materials or content you provide to a Member in connection with the Consultancy Services.
To the extent permitted by law, Women’s Aid shall have no liability to you under these Directory Terms. In the event Women’s Aid is unable to exclude our liability to you under these Directory Terms, then to the extent permitted by law, Women’s Aid’s total aggregate liability to you under or in connection with these Directory Terms (whether in contract, tort (including negligence), breach of statutory duty or otherwise) will not exceed £100. Nothing in these Directory Terms will in any way exclude or limit a party’s liability to the other party for: (a) death or personal injury caused by that party’s negligence; (b) fraud or fraudulent misrepresentation; and/or (c) any other matter for which it would be illegal to exclude or attempt to exclude its liabilities.
Changes to these terms and the Directory
Women’s Aid may vary these Directory Terms, or of any of the documents referred to in them, at any time in its discretion. If Women’s Aid does this, Women’s Aid will post the changes on this page and will indicate at the top of this page the date these Directory Terms were last revised. Women’s Aid will also notify you, either through the Directory user interface, in an email notification or through other reasonable means.
Women’s Aid may amend the Directory, or any part of it, at any time in its discretion. If Women’s Aid does this, Women’s Aid will notify you, either through the Directory user interface, in an email notification or through other reasonable means.
Your continued access to or use of the Directory after you have been notified of any changes to the Directory or these Directory Terms constitutes your acceptance of such changes.
General
These Directory Terms contain the entire agreement between us and you with respect to their subject matter. A person who isn’t a party to these Directory Terms has no rights under them, whether under the Contract (Rights of Third Parties) Act or otherwise. If either we or you have any right to enforce these Directory Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance. If a court or other authority decides that any part of these Directory Terms is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.
Jurisdiction and applicable law
These Directory Terms and any dispute or claim arising out of or in connection with them or their subject matter, whether of a contractual or non-contractual nature, are governed by and construed in accordance with English law. You can bring legal proceedings in relation to any access to or use of our Site or these Directory Terms, in the English courts or your local courts, if you reside outside England and Wales.
Last updated July 2022