Consulting and collaboration

1. Introduction

These Terms and Conditions ("Terms") govern the provision of consulting services ("Services") by Jonathan Wei ("Consultant") to the client ("Client"). By engaging the Consultant, the Client agrees to these Terms.

2. Scope of Services

• The Consultant agrees to provide Services as outlined in the agreed project proposal.

• Any changes to the scope must be mutually agreed upon in writing and may be subject to additional fees.

3. Consultation and Proposal

• Contact: Head over to the contact page to reach out!

• Initial Meeting: A 30-minute introductory meeting to discuss needs, objectives, and project scope.

• Proposal: An estimate of the time required, deliverables, timelines, and cost breakdown will be provided following the initial meeting. Approval on scope, timeline, and budget is required before proceeding.

4. Fees and Payment

• Standard rate: A standard rate will be drawn up depending on the nature of the project.

• Surcharges: 1.5x surcharge for after-hours and overtime work, and a 2.0x surcharge for weekends and public holidays (rush jobs), based on 20 hours available per week for consultation services.

• Upfront Payment: A 50% upfront fee is required before the commencement of work.

• Milestone Payments: For larger projects, payments will be made upon completion of specific phases as outlined in the project proposal.

• Final Payment: The remaining balance is due upon project completion and client approval.

• Additional Costs: Any additional costs such as raw/special materials, tools, transport, postage, licenses, permits, etc., will be billed to the Client. The Client must provide approval before such expenses are incurred.

• VAT/GST: Rates are exclusive of VAT or GST and are subject to change without prior notice.

5. Deliverables and Deadlines

• Timelines: The Consultant will provide an estimated timeline for the completion of the project.

• Revisions: One revision is included during the project. Additional revisions will require further hours at the standard hourly rate.

• Post-Project Support: The Consultant offers 30 days of post-project support for general issues or questions. Significant changes will require additional hours.

6. Confidentiality

• Non-Disclosure: The Consultant agrees to keep all confidential information provided by the Client private and secure.

• NDA: If required, a Non-Disclosure Agreement (NDA) can be signed to protect sensitive information.

7. Intellectual Property and Usage Rights

• Ownership of Deliverables: Upon full payment, the Client has the right to use all deliverables produced during the project. The Consultant retains ownership of all new intellectual property developed during the project.

• Licensing: The Client is granted a license to use the deliverables within the scope of the project. Redistribution, reselling, sublicensing, or commercial use beyond the initial scope is prohibited without prior written consent.

• Pre-Existing IP: Any pre-existing intellectual property used in the deliverables remains the property of the original owner.

• Redistribution: The Client may not redistribute, resell, or sublicense the deliverables without prior written consent.

• Modification: The Client is permitted to modify the deliverables for internal use. Any public or commercial modifications must credit the original work and comply with the licensing agreement.

• Attribution: The Consultant retains moral rights to be credited as the creator of the deliverables, where applicable.

• Integrity: Any modifications to the deliverables should not negatively impact the Consultant's reputation or the quality of the original work.

• Portfolio Use: The Consultant may showcase the project in their portfolio and use it as a case study, unless restricted by an NDA.

• Client Promotion: The Client may use the Consultant's name and credentials in their marketing materials to promote the success of the project.

• Incomplete Projects: In the event of project termination before completion, ownership rights to any partial deliverables will be negotiated based on the proportion of work completed and payments made.

• Transfer of Rights: All rights and obligations can be transferred to a third party only with mutual written consent.

8. Communication and Updates

• Regular Check-Ins: The Consultant will provide regular updates on project progress and address any concerns. Check-ins can be done via email or video call.

• Feedback: The Client agrees to provide timely feedback to ensure clear communication and project success.

9. Cancellation and Rescheduling

• Before Work Starts: If the project is cancelled before work starts, 75% of the upfront payment will be refunded. The remainder covers the time already blocked off.

• After Work Has Begun:

  • Within the First 25% of the Project: 50% of the upfront payment will be refunded.

  • After 25% of the Project is Completed: No refunds will be issued. However, if milestone payments were made, any remaining milestones will be cancelled.

• Rescheduling: Notify the Consultant at least 48 hours in advance. Rescheduling is subject to availability and may incur additional costs.

• Emergency Cancellations: In case of emergencies, the Consultant will do their best to accommodate and reschedule without additional charges.

• Termination by Consultant: The Consultant reserves the right to terminate the project if there are consistent delays or lack of communication from the Client. No refunds will be issued for the work already completed.

• Sickness and Unavailability: If the Consultant is unable to work due to sickness or unforeseen circumstances, the Client will be notified immediately and alternative arrangements will be discussed. If rescheduling is not feasible, a partial refund may be provided based on the work completed to date.

10. Limitation of Liability

• Assumption of Risk: The Client acknowledges and agrees that all services provided by the Consultant are undertaken at the Client's own risk. The Consultant shall not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to injury, loss of income, property damage, or loss of life, arising from the provision of Services. The Client assumes full responsibility for any risks associated with the Services provided, including but not limited to the use of deliverables or actions taken based on the Consultant's advice or recommendations.

• Indemnity: The Client agrees to indemnify and hold harmless the Consultant from any claims, liabilities, damages, or expenses (including legal fees) arising out of or related to the Services provided, including but not limited to injury, loss of income, property damage, or loss of life resulting from the Client's use of the deliverables or actions taken based on the Consultant's advice or recommendations.

11. Dispute Resolution

• Negotiation: Any disputes will be resolved through good faith negotiation between the Consultant and the Client.

• Mediation: If a resolution cannot be reached through negotiation, the dispute will be referred to mediation.

12. Governing Law

• These Terms shall be governed by and construed in accordance with the laws of the country where the Consultant is based.

13. Future Projects

• The Consultant is open to exploring future opportunities for collaboration on new projects.

• Feedback from the Client is always welcome to improve services and processes.

14. Amendments

These Terms may be amended from time to time. Any amendments will be communicated to the Client in writing.

15. Acceptance

By engaging the Consultant, the Client agrees to these Terms and Conditions.

16. Contact Information

For any queries regarding these terms and conditions, please contact via the contact page.

1. Introduction

This Privacy Policy outlines how Jonathan Wei ("Consultant") collects, uses, discloses, and protects the personal data of clients and visitors ("you" or "your") on our website and through our services, in compliance with the General Data Protection Regulation (GDPR).

2. Data Controller

Jonathan Wei

Contact information via the contact page.

3. Data Collection

I collect and process the following types of personal data:

• Contact Information: Name, email address, phone number.

• Professional Information: Job title, company name, and project details.

• Financial Information: Payment details for invoicing.

• Technical Data: IP address, browser type, and operating system.

• Usage Data: Information about how you use our website and services.

4. Legal Basis for Processing

I process your personal data based on the following legal grounds:

• Consent: When you have given clear consent for us to process your personal data for a specific purpose.

• Contract: When the processing is necessary for the performance of a contract with you.

• Legal Obligation: When we have a legal obligation to process your personal data.

• Legitimate Interests: When the processing is necessary for our legitimate interests, provided that these are not overridden by your rights and interests.

5. Use of Personal Data

I use your personal data for the following purposes:

• To provide and manage our services.

• To communicate with you about your project and our services.

• To process payments and manage invoices.

• To improve our website and services.

• To comply with legal and regulatory requirements.

6. Data Sharing and Disclosure

I do not sell your personal data. I may share your data with third parties only in the following circumstances:

• Service Providers: I may share data with trusted service providers who assist me in operating my business, provided they agree to keep your data secure and confidential.

• Legal Requirements: I may disclose data if required by law or in response to valid requests by public authorities.

• Business Transfers: In the event of a merger, acquisition, or sale of assets, your personal data may be transferred to the new owner.

7. Data Security

I implement appropriate technical and organisational measures to protect your personal data from unauthorised access, disclosure, alteration, or destruction.

8. Data Retention

• I retain your personal data only for as long as necessary to fulfil the purposes for which it was collected, including any legal, accounting, or reporting requirements.

• Data is stored locally on secured premises and backed up online on Google Drive. 

9. Your Rights

Under GDPR, you have the following rights regarding your personal data:

• Access: The right to request access to your personal data.

• Rectification: The right to request correction of inaccurate or incomplete data.

• Erasure: The right to request deletion of your personal data.

• Restriction: The right to request restriction of processing of your personal data.

• Data Portability: The right to request the transfer of your data to another organisation.

• Objection: The right to object to the processing of your personal data.

To exercise these rights, please contact me via the contact page.

10. Cookies

My website uses cookies to enhance user experience and analyse website traffic. You can control cookie settings through your browser.

11. Changes to this Privacy Policy

I may update this Privacy Policy from time to time. I will notify you of any significant changes by posting the new policy on my website.

12. Contact Me

If you have any questions about this Privacy Policy or our data practices, please contact me via the contact page.

1. Purpose

This Data Protection Policy ensures that Jonathan Wei complies with data protection laws, including the GDPR, and safeguards the personal data of clients, employees, and other stakeholders.

2. Scope

This policy applies to all personal data processed by Jonathan Wei, including data collected via our website, during the provision of services, and through other interactions.

3. Data Protection Principles

I adhere to the following principles when processing personal data:

• Lawfulness, Fairness, and Transparency: Personal data is processed lawfully, fairly, and transparently.

• Purpose Limitation: Data is collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes.

• Data Minimisation: Data collected is adequate, relevant, and limited to what is necessary for the intended purposes.

• Accuracy: Personal data is accurate and kept up to date.

• Storage Limitation: Data is retained only for as long as necessary for the purposes for which it was collected.

• Integrity and Confidentiality: Data is processed in a manner that ensures appropriate security, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage.

4. Data Subject Rights

I respect and uphold the rights of data subjects as outlined in GDPR, including the rights of access, rectification, erasure, restriction of processing, data portability, and objection.

5. Data Security

We implement appropriate technical and organisational measures to protect personal data, including:

• Access Controls: Limiting access to personal data to authorised personnel only.

• Encryption: Using encryption to protect sensitive data in transit and at rest.

• Regular Audits: Conducting regular audits to ensure data security measures are effective.

• Incident Response: Having a clear procedure in place for responding to data breaches and incidents.

6. Data Processing Activities

I document all personal data processing activities, including:

• The purposes of processing.

• Categories of data subjects and personal data.

• Recipients of personal data.

• Data retention periods.

• Security measures in place.

7. Data Protection Impact Assessments (DPIA)

I conduct DPIAs for processing activities that are likely to result in high risks to the rights and freedoms of data subjects.

8. Third-Party Processors

I ensure that all third-party processors comply with GDPR requirements by:

• Conducting due diligence on their data protection practices.

• Including data protection clauses in contracts.

• Monitoring their compliance with data protection standards.

9. Data Breach Response

In the event of a data breach, I will:

• Notify the relevant supervisory authority within 72 hours.

• Inform affected data subjects without undue delay if the breach is likely to result in a high risk to their rights and freedoms.

• Take appropriate measures to mitigate the breach and prevent future incidents.

10. Review and Updates

This policy is reviewed annually and updated as necessary to ensure ongoing compliance with data protection laws and best practices.

11. Contact Information

For any queries or concerns regarding this policy or my data protection practices, please contact me via the contact page.