PURCHASE AND REFUNDS

1.  DEFINITIONS

The following definitions shall have the following meanings:

1.    “Business Coach” means Commercial Advice Services Limited, trading as Cassandra Davis of 1 Carre Gardens, Weston-super-Mare, BS22 7YB, UK.

2.    “Client” means any party who enters into a contract for coaching services or the purchase of digital downloads and other online programmes, services or resources with the Business Coach;

3.    “Coaching Booking Form” means a booking document, registration form, letter of engagement, quotation or other written instruction, including use of online booking or purchasing software and it’s confirmation emails, describing the Services and requesting a contract for those Services;

4.    “Services” means the coaching services, products, programmes and/or resources as described in the Coaching Booking Form and these Terms and Conditions;

5.    “Fees” mean the payment for Services as outlined in these Terms and Conditions and the Coaching Booking Form;

6.    “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the Business Coach;

7.    “Agreement” means the contract between the Business Coach and the Client for the provision of the Services incorporating these Terms and Conditions.

2.     GENERAL

1. These Terms and Conditions shall apply to the Agreement for the supply of Services by the Business Coach to the Client and shall supersede any other documentation or communication between parties.

2. Any variation to these Terms and Conditions must be agreed in writing by the Business Coach.

3. Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Business Coach may be entitled in relation to the Services, by virtue of any statute, law or regulation.

3.  COACHING BOOKING FORM

1. The Coaching Booking Form must be accepted by the Client in its entirety.

2. The Agreement between the Business Coach and the Client, incorporating these Terms and Conditions, shall only come into force when the Business Coach confirms acceptance in writing to the Client or when the product, programme, service or resource has been delivered to the client in the case of digital downloads and other online programmes, services or resources.

4. SERVICES AND DELIVERY

1. The Services are as described in the Coaching Booking Form and in these Terms and Conditions.

2. Any variation to the Services must be agreed by the Business Coach in writing.

3. The Business Coach shall take all reasonable measures to keep coaching information correct but may alter coaching techniques and services at any time. The Business Coach shall notify the Client in writing of any such changes.

4. The Services shall commence on the date agreed between the Business Coach and the Client and shall continue (subject to the terms of this Agreement) until terminated by either party giving not less than 2 weeks’ notice in writing or by a date mutually agreed upon in advance between the Business Coach and the Client.

5. The Services shall be carried out at the location or via the medium described on the Coaching Booking Form and agreed between the Business Coach and the Client.

6. Dates given for the delivery of Services are estimates only and not guaranteed. Time for delivery shall not be of the essence of the Agreement and the Business Coach shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Services.

7. Business Coaching sessions shall be conducted on an individual basis as agreed with the Business Coach and specified on the Coaching Booking Form.

8. Business Coaching sessions shall take place in person and/or by telephone and/or Skype and/or Facebook Messenger as determined and agreed between the Business Coach and the Client.

5.  FEES

1. The price for Services is as specified in the Coaching Booking Form and is inclusive of any other charges, as outlined in the Coaching Booking Form, including VAT which will be charged at the current rate.

2. The terms for payment are as specified in the Coaching Booking Form.

3. In the event that a session, at the Client’s request, is conducted at a place other than the Business Coach’s normal preferred venues, the Client is responsible for the expenses incurred by the Business Coach when travelling to and from the session.

4. The Client must settle all payments for Services as per the payment plan agreed upon and included in the Coaching Booking Form. Failure to adhere to 5.4 will result in the halting of services until payment is received.

5. The Business Coach is entitled to vary the price to take account of any additional Services requested by the Client which were not included in the original Coaching Booking Form.

6.  CLIENT OBLIGATIONS

1. The Client agrees to cooperate fully with the Business Coach with regard to the obligations set down in these Terms and Conditions.

2. The Client must attend Business Coaching sessions promptly, including making telephone calls or sending any requested e-mails on time. If the Client is delayed in respect of these commitments, the Business Coach shall not be under any duty to extend the time of the session or reply to any telephone or e-mail messages.

3. The Client must ensure that any tasks set by the Business Coach are completed in full between sessions by the agreed deadlines.

4. The Client must behave in a respectful and appropriate manner at all times. Disruptive or threatening behaviour will result in termination of this Agreement. In such cases no refunds shall be payable by the Business Coach to the Client.

5. The Client must bring to the attention of the Business Coach any dissatisfaction with the Services as soon as the Client becomes aware of such issues.

6. The Client is not permitted to substitute attendees for a session.

7. There will be no admittance to sessions by persons other than the Client and the Business Coach, unless the prior consent of the Business Coach has been obtained.

8. The Client must take responsibility for their own development and the exploration of any new ideas, strategies and/or approaches.

7. COACH OBLIGATIONS

1. The Business Coach shall supply the Services as specified in the Coaching Booking Form and in these Terms and Conditions.

2. The Business Coach shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with any recognised codes of practice and government guidelines.

3. The Business Coach shall hold all professional qualifications required to provide the Services.

4. The Business Coach shall hold all necessary insurance policies required to provide the Services.

5. The Business Coach shall provide the agreed support for the facilitation of the Client’s professional development against an agreed set of objectives. The Coach cannot guarantee the achievement of these objectives.

6. The Business Coach will seek to enable the Client to improve their quality of success and to achieve their desired outcomes. However, the Client has sole responsibility for making important decisions in their success. The Business Coach has no liability for any loss incurred by any Client, whether financial or otherwise, following commencement of coaching sessions, or for any perceived failure by the Client, whether justified or otherwise, to achieve a material improvement in quality of success or to achieve their desired outcomes or goals.

8.  CONFIDENTIALITY

1. Personal information supplied by the Client during a session or otherwise will be treated as confidential. It will not be disclosed to a third party, except where required by law or where action might be necessary to prevent harm to the Client or someone else.

2. The Business Coach shall comply with the Data Protection Act 1998 and any other applicable data protection legislation concerning the processing of the Client’s personal data.

9.   REFUNDS

1. Payments for Business Coaching fees are non-refundable and non-transferable.

2. A refund is only considered in exceptional circumstances where the Client contacts the Business Coach within 24 hours of a booked session. Any such refund is made at the discretion of the Business Coach.

3. Purchases of digital downloads, online products, programmes, services, resources and/or infoproducts which are downloadable or accessable in their entirety at the time of purchase, and where access cannot be removed or revoked at a later date and time, are not eligible for refunds or cancellations. All purchases are binding.

10.  CANCELLATION

1. Fees are non-refundable in the event of cancellation of a session less than 24 hours in advance on the part of the Client.

2. If the Business Coach is unable to hold a booked session, all attempts will be made to provide an alternative mutually acceptable date and/or time. If a suitable time cannot be found then a refund will be given.

11.    TERMINATION

1. The Business Coach many terminate this Agreement with immediate effect if the Client demonstrates any physical or verbal abuse towards the Business Coach.

2. The Client may terminate the Agreement if the Business Coach fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 2 weeks after notification of non-compliance is given.

3. Either party may, with immediate effect, terminate the Agreement by notice in writing to the other if:

1.       the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or

2.       the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or

3.       the Business Coach passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or

4.       the Business Coach ceases to carry on its business or substantially the whole of its business; or

5.       the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

4. Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.

12.      LIMITATION OF LIABILITY

1. The Business Coach shall not be liable under any circumstances to the Client or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Client or other third party howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

2. Nothing in these Terms and Conditions shall exclude or limit the liability of the Business Coach for death or personal injury, however the Business Coach shall not be liable for any direct loss or damage suffered by the Client or third party howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the insurance policy held by the Business Coach in the insurance year in which the claim is first notified.

13.      INDEMNITY

1. The Client shall indemnify the Business Coach against all claims, costs and expenses which the Business Coach may incur and which arise directly or indirectly from the Client’s breach of any of its obligations under these Terms and Conditions.

14.      FORCE MAJEURE

1. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

15.      ASSIGNMENT

1. The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Business Coach.

16.      THIRD PARTY RIGHTS

1. Nothing in these Terms and Conditions intend to or confer any rights on a third party.

17.      SEVERANCE

1. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

18.      WAIVER

1. The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.

19.      NOTICES

1. Any notice to be given by either party to the other may be served by email, personal service or by post to the address of the other party given in the Coaching Booking Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall, unless the contrary is proved, be deemed to be received on the day it was sent. If given by letter shall be deemed to have been served at the time at which the letter was delivered personally or, if sent by post, shall be deemed to have been delivered in the ordinary course of post.

20.      ENTIRE AGREEMENT

1. These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.

21.      GOVERNING LAW

1. These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales.