Terms & Conditions

2.1 We will send you a written Proposal detailing the Services to be provided and our fees. A legally binding Contract between you and us will be formed when you accept our Proposal, by sending us written confirmation. The Contract will incorporate, and be subject to, these Terms and Conditions.
2.2 No terms or conditions stipulated or referred to by you in any form whatsoever will in any way vary or add to these Terms and Conditions unless we agree otherwise in writing.
2.3 You are responsible for the accuracy of any information submitted to us and for ensuring that our Proposal and the Services to be provided reflect your requirements. Our Proposal is based on the information provided to us at the time we prepare it. If any errors or discrepancies become evident, we reserve the right to make adjustments to it.
2.4 We will use all reasonable endeavours to complete our obligations under the Contract in a timely manner, but time will not be of the essence in the performance of our Services.

3.1 We will allocate a consultant to you when the Services commence, however, we reserve the right to change the allocated consultant at any stage during the term of the Contract. In this event, we will discuss this with you in advance of the next session and will endeavour to provide a suitable replacement, to be decided at our sole discretion. Should we be unable to provide replacement, or the replacement be unsuitable, we shall refund the monies paid on a pro rata basis.
3.2 Where the Services are to be provided face to face and you do not wish to attend our premises, you shall be required to provide an alternative location for the Services and shall be responsible for any expenses as a result.
3.3 If a Participant is late to the session, we reserve the right to refuse entry. If a Participant is late or fails to attend the session for any reason, no refund or reduction in fees will be given.
3.4 The Services are not guaranteed to produce results, we cannot be held responsible for the quality and/or outcomes of the Services we have provided.
3.5 It is your responsibility to carry out agreed actions in advance of the next session and to provide us with such information and assistance relating to the Services as we may reasonably require.
3.6 We are able to provide our Services in a variety of ways to meet your specific needs. Our Sessions can be delivered in a face-to-face format, or in an online format.
3.7 The coaching is in no way to be construed as advice, psychological counselling or any type of therapy. If, at any time, we believe that you would benefit from a different form of coaching, therapy or support, we shall let you know and may make recommendations to suppliers. You are under no obligation to accept these suggestions but if you decide to, you will need to ensure the relevant supplier is suitable for your needs. A separate contractual relationship will be created between you and the supplier, under separate terms and conditions.
3.8 We shall provide you with support where required on a 24/7 basis. However, calls shall be limited to a maximum of two free up to 15-minute consultations per week after which any additional time may be chargeable.

4.1 If you wish to vary the Services to be provided, you must notify us in writing as soon as possible. We will use all reasonable efforts to make any required changes and will invoice you for any additional costs incurred as a result.
4.2 If we have to make any change in the arrangements relating to the provision of the Services, we will notify you immediately. We will endeavour to keep such changes to a minimum and will seek to offer you arrangements as close to the original as is reasonably possible in the circumstances.
4.3 Any agreed variation or amendment will be carried out in accordance with these Terms and Conditions and any price increase necessitated as a result of an agreed variation or amendment will be payable in accordance with the terms for payment below.

5.1 All invoices are payable in full, in pounds sterling, at the time of your acceptance of our Proposal. This will secure your chosen date/time for our Services and we cannot guarantee availability until payment is received in full, without set-off, withholding or deduction.
5.2 All invoices will be inclusive of VAT where applicable.
5.3 Payments are to be made via BACS. We do not take payments via debit or credit cards.
5.4 We will charge for mileage together with all other reasonable travel expenses (including train and taxi costs as reasonably appropriate), accommodation and subsistence costs incurred by us in performing the Services, up to an agreed daily maximum amount. Copies of receipts will be made available to you. If we are required to travel for 30 minutes or more (to be decided at our discretion) from our registered office address (or if we are using a sub-contractor to perform the Services, 30 minutes from the sub-contractor’s normal place of business), we will charge for an additional half day to recover our costs for this.
5.5 You also agree to pay for any additional services provided by us at your request that are not specified in the Contract. These additional services will be charged in accordance with our current rate in effect at the time of performance, or such other rate as may be agreed.
5.6 The time for payment is of the essence of the Contract. If you fail to make any payment to us by the due date then, without prejudice to any right which we may have pursuant to any statutory provision in force, we will have the right to suspend the Services and charge you interest on a daily basis at the rate of 8% per annum above The Bank of England base rate from time to time, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Such interest will accrue after as well as before any judgment.

6.1 Consumers have a statutory right to a 14-day cooling off period from the date the Contract is formed. You may cancel the Services during this 14-day period for any reason. You can confirm your cancellation in any way convenient to you and we will refund any payments made by you within 14 days of the cancellation.
6.2 However, if you expressly state that you wish to begin the Services within this initial 14-day cooling off period, your right to cancel within this period will be lost.
6.3 If you are a consumer, after the cooling off period has expired, or once the Contract is formed, you will no longer be entitled to cancel the Services except in accordance with clause 7, and payment will remain due for all Services outlined in the accepted Proposal.
6.4 If you wish to reschedule an individual session with us, we will be entitled to invoice for:

6.4.1 100% of our fees if the rescheduling takes place within 12 hours of the session date and time;
6.4.2 75% of our fees if the rescheduling takes place within 1 day of the session date;
6.4.3 50% of our fees if the rescheduling takes place within 2 days of the session date.

6.5 We will only accommodate an individual session being rescheduled on two occasions. Further rescheduling may be chargeable in full.
6.6 If you cancel or reschedule, we will also charge for any costs incurred by us, such as expenses.
6.7 We will endeavour to reschedule the session to meet your preferred date and time, however we cannot guarantee this will be possible.
6.8 If, due to unforeseen circumstances, we have to reschedule or cancel a session, we will contact you as soon as possible to minimise disruption and will book another session for you as soon as reasonably possible.

7.1 Either Party has the right to terminate the Services immediately if the other Party:

7.1.1 has committed a material breach of this Contract, unless such breach is capable of remedy, in which case the right to terminate immediately will be exercisable if the other Party has failed to remedy the breach within 14 days after a written notice to do so; or
7.1.2 goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.

7.2 In the event of termination, all payments required under the Contract will become immediately due and payable.
7.3 Any and all obligations of the Parties which either expressly or by their nature continue beyond the termination, cancellation or expiration of this Contract will survive termination under this clause 7 on a pro-rata basis.

Each Party undertakes that throughout the duration of the Contract, the Parties may disclose certain confidential information to each other. Both parties agree that they will not use the confidential information provided by the other, other than to perform their obligations under this Contract. Each Party will maintain the confidential information’s confidentiality and will not disseminate it to any third party, unless so authorised by the other Party in writing.

9.1 We reserve all copyright and any other rights (if any) which may subsist in, or in connection with, the provision of the Services. We reserve the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.
9.2 Provided you make payment to us in full, we will assign to you the intellectual property rights in materials we have developed solely for you as part the Contract.
9.3 Any advice and documentation we provide is for use strictly by the Client named in the Proposal. Under no circumstances may this be used, reproduced, lent, sold or otherwise circulated without our express written consent.

10.1 You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this Contract.
10.2 We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under this Contract, without your prior consent.
10.3 Where we sub-contract the performance of any of our obligations under the Contract, we will be responsible for every act or omission of the sub- contractor as if it were an act or omission of our own.

11.1 Nothing in these Terms and Conditions excludes or seeks to exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
11.2 Except as provided in clause 11.1 above, we will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained in the Contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our employees, agents or otherwise) in connection with the performance of our obligations under the Contract. All warranties or conditions whether express or implied by law are expressly excluded, to the maximum extent permitted by law.
11.3 In the event of a breach by us of our express obligations under the Contract, your remedies will be limited to damages, which in any event, will not exceed the total fees paid by you under the Contract.
11.4 We will provide, to the best of our knowledge, advice, guidance and best practice based on the information provided by you. However, we cannot accept responsibility for any actions taken as a result of our advice or recommendations. Further, we cannot be held liable for any consequences should our professional advice not be taken.

Neither Party will, during the term of the Contract and for a period of 6 months after its expiry or termination, without the other’s prior written consent, appoint in any way or cause to be employed, engaged or appointed an employee, agent, director, sub-contractor or independent contractor of the other.

Neither Party shall be liable for any failure or delay in performing their obligations under the Contract where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism or war, governmental action or any other event that is beyond the control of the Party in question.

14.1 Both parties agree to comply with all applicable data protection legislation including, but not limited to, the General Data Protection Regulation 2016 (“GDPR”) and the Data Protection Act 2018 and any subsequent amendments to it.
14.2 We reserve the right to record sessions to anonymously use within the Company to develop our Services.
14.3 You are responsible for all data disclosed to us when providing our Services to you.

No failure or delay by either Party in exercising any of its rights under the Contract will be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Contract will be deemed to be a waiver of any subsequent breach of the same or any other provision.

The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (and the Contract, as appropriate). The remainder of these Terms and Conditions will be valid and enforceable.

Notices will be deemed to have been duly received and properly served 24 hours after an email is sent or three working days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that it was properly addressed to the address provided, stamped and placed in the post and in the case of an email, that it was sent to the specified email address of the addressee.

18.1 These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with, the laws of England and Wales.
18.2 Any dispute, controversy, proceedings or claim between you and us relating to the Contract or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England and Wales.