Coaching agreement for Career Code Cracker coaching progamme

 

  1. Summary of key terms

 

Contents of Programme

See website at www.assetbusinessconsultancy.co.uk

 

Total payment due [if paid in full] on registration

£AS SET OUT ON THE WEBSITE

 

Total payment due if paid in instalments

AS SET OUT ON THE WEBSITE

 

Deposit

AS SET OUT ON THE WEBSITE

 

Instalments

Where instalments are paid, payment is required every 28 days until all payments specified on the website where you placed your order have been made

 

Cancellation

 

You may cancel the Contract within 14 days of the date of your registration. Please email info@assetbusinessconsultancy.co.uk stating clearly your wish to cancel and we will provide you with a full refund.

 

Guarantee

You may request a full refund up to the date falling 14 days after the start date of the Programme. See paragraph 8.2 for more details.

 

 

Application of terms and conditions

 

2.1  These terms and conditions (“Terms”) apply to the Boardroom to Boss coaching Programme (“Programme”) operated by Lucille Roache,  

       trading as Asset Business Consultancy of Suite 2A, Blackthorn House, St Pauls Square, Birmingham, B3 1RL (“we” or “us”). By registering to

       be a participant in our Programme, you agree to the following Terms and that these prevail over any inconsistent terms or conditions

       contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing.

 

2.2  The agreement between us and you, the person or entity registering to be a participant in the Programme (“you”) and which is subject to

       these Terms (“Contract”), shall come into effect upon us emailing you to confirm our acceptance of your registration form for the Programme

       and shall continue until terminated in accordance with these Terms.

 

 

2.3  If you are purchasing online, the order process will be as follows:

 

2.3.1 Proceed to the sales page, complete your details and proceed to checkout and make payment as directed;

 

2.3.2 if you are paying by PayPal, you will be re-directed to the PayPal website for you to make payment and then once payment is made, you will

         be re-directed back to our site;

 

2.3.3 we will send you an email acknowledging your order confirming whether we have accepted your order.

 

2.3.4 If at any stage you have made an error in your order, you may email us at info@assetbusinessconsultancy.co.uk to correct any errors.

 

2.4   If you are purchasing online, you should print a copy of these Terms for your records as we will not be filing a copy and we may change

        these Terms from time to time.

 

2.5   These Terms should be read in conjunction with our Website Terms of Use, Privacy Policy and Acceptable Use Policy (all of which can be

         found on our website www.assetbusinessconsultancy.co.uk (“site”).

 

2.6   Any content posted or submitted by you to our site in the course of the Programme is subject at all times to the Acceptable Use Policy.

 

2.7  Where you are a corporate entity, “you” as used in these Terms shall be deemed to include your officers and employees and you shall procure that such officers and employees fully comply with these Terms.

 

3 Programme

 

3.1 The Programme will be provided over the course of 12 weeks and shall be delivered by a combination of online sessions and telephone

      sessions, where selected as detailed on the site.

 

3.2  The date and time of all telephone sessions, if included as part of your purchase are as to be agreed between us and you. We will provide you

       with as much notice of any change as is possible but we shall not be liable to you in any way for any change to such dates or times. Please

       check the site regularly for updates on changes to dates and times.]

 

3.3 If your programme includes coaching sessions and you  need to cancel your session, you should provide us with as much notice as possible

      (by emailing info@assetbusinessconsultancy.co.uk  or by calling 07484 303888 and we will endeavour to reschedule the session to a mutually

      convenient date and time. If you provide us with less than [24] hours’ notice or fail to provide us with any notice we may not be able to

      reschedule the session and shall not be obliged to refund you any amounts paid in relation to such session.

 

3.4 If you arrive late for a Session, we will try to extend the end time but if this is not possible, the session will end at the scheduled time and we

      will not be obliged to refund you any amounts paid in relation to such session.

 

3.5 In Person Sessions may be held by mutual agreement, subject to reasonable travel expenses and will take place in third party venues such as

      hotel meeting rooms and you agree to comply at all times with such venue’s policies and rules in relation to such venue (particularly fire

      safety and health and safety rules). We will require you to leave if you do not comply with such policies and rules (and shall not be obliged to

      refund you any amounts paid in relation to such session).

 

3.6 You are responsible for your own belongings that you take to an In Person Session and neither we nor the venue will be liable for any loss,

      damage, theft or destruction of any of your belongings.

 

3.7 You agree to indemnify us against any claim from any third party (and associated costs and expenses (including professional fees)) arising out

      of your actions or inactions while at a venue as part of the Programme.

 

3.8 Group telephone sessions, where applicable, shall start and end at the scheduled times regardless of the time that you join the call. If you are

      late for an individual telephone call, this may be extended at our discretion but if we need to end at the scheduled time, we shall not be obliged

     to refund you any amounts in relation to such session.

 

3.9 Any digital materials included in the Membership require the following hardware and software and other functional requirements in order to

      be fully used: including Adobe, internet connectivity and the ability to play videos

 

Online Sessions

 

3.10 The online sessions of the Programme are held on third party secure servers and we have taken all reasonable steps to ensure that the

        online content will be available at all times during the course of the Programme but in the event that such content (or any content added by

        you or other participants in the Programme) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be

        stored, we shall have no liability in any circumstances.

 

3.11You agree to keep your user details and your password for the site confidential at all times and to not disclose them to any third party. You

       must notify us immediately if you become aware of any unauthorised use of your account and you shall indemnify us against all claims,

       damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorized use of your

        account.

 

4. Goods

 

4.1 Where we are providing goods or products (such as CDs, DVDs or binders) (“Products”) as part of the Programme or otherwise, the following

     terms and conditions of this paragraph 4 shall apply.

 

4.2 Any photographs of the Products on our site are for illustration purposes only.

 

4.3 Your order will be fulfilled by the estimated date set out in our confirmation email or as described on our site, unless there is an event outside

      of our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will endeavour to contact you

      with a revised estimated delivery date.

 

4.4 Delivery will be completed when we deliver the Products to the address you gave us when you placed the order and the Products will be your

      responsibility from the completion of delivery.

 

5. Payment

5.1 The total price payable for the Programme is as set out on the website.

 

5.2 You may choose to pay by instalments or in one lump sum and the total price payable shall depend upon which option you have chosen and

      shall be as set out on the website.

 

5.3 If you choose to pay in instalments a deposit of the amount set out on the website and referred to in the key terms referred to above is

      payable on registration for the Programme. You will then be invoiced for a further [2] instalments for the amount set out on the website and

      referred to in the summary of key terms every 28 days until the total price payable has been paid. Such invoices must be paid within 7 days of

      the date of the invoice or where payment has been made online, payment will be taken on the same date each month as the date that the

      initial payment was made, using the payment method originally used to make payment.

 

5.4 Payment is to be made by any method that is detailed on our site from time to time.

 

5.5 Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date

      due we reserve the right to (i) charge interest from the date due for payment to the actual date of payment at the rate of 3% above the base

      rate of Metro Bank from time to time in force and/or (ii) suspend the availability of the Programme until such time as payment is made or the

      Contract is terminated.

 

5.6 The total price payable as set out on the website is exclusive of Value Added Tax (and any other applicable taxes or duties) which shall be

      added at the applicable rate where necessary.

 

5.7 You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with

      your participation in the Programme.

 

5.8 All payments are non-refundable other than as set out in paragraph [6.5 and] 8.2 below.

 

6.  Our obligations

 

6.1 We warrant to you that the Programme and Programme materials purchased from us is of satisfactory quality and reasonably fit for the

     purpose for which the Programme is supplied. 

 

6.2 Other than as set out in paragraph 6.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to

      the nature of coaching and the fact that your success is dependent on a number of factors over which we have no control, we do not

      guarantee any particular results.

 

6.3 We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising

      from such information being inaccurate or not up-to-date or otherwise.

 

6.4 We acknowledge that in the course of the Programme we will have access to your confidential information and we agree not to (except in the

      proper course of our duties) use or disclose to any third party such confidential information. This restriction does not apply to:

 

     (a)any use or disclosure authorised by you or required by law;

     (b)any use or disclosure which we in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or  

        to others; or

     (c)any information which is already in, or comes into, the public domain otherwise than through our unauthorised disclosure.

 

6.5 You may cancel the Contract within 14 days of the date of you registering for the Programme by emailing us at

      info@assetbusinessconsultancy.co.uk stating your clear intention to cancel or by using the form of cancellation annexed to this agreement at

      Annex 1. If we receive such email within 14 days of the date of you registering for the Programme, we shall provide you with a full refund of

      the amount paid by you up to such date, within 14 days of the day on which we received your valid notice of cancellation and usually by the

      method originally used by you to pay for your purchase.

 

6.6  If you request immediate performance of the Contract you acknowledge that you will lose your right of withdrawal from the Contract once the

       service contract is fully performed. If you cancel the Contract before the services have been fully performed, you agree that you will pay for

       the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in

      comparison with the full coverage of the Contract.

 

6.7 You agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in

      paragraph 4.7 above and you acknowledge that you will lose your cancellation rights in relation to such digital content.

 

6.8 You acknowledge and agree that your personal data will be processed by and on behalf of us as part of us providing the Programme to you.

 

7. Intellectual Property

 

7.1 We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Programme and all content within the

      Programme and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the

      Programme or the content of the Programme to you or to any other person.

 

7.2 You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way

      any of the content or materials contained in the Programme.

 

7.3 We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content of the

      Programme for the purposes for which the Programme were provided only.

 

7.4 Except as set out in paragraph 7.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our

      logo is strictly prohibited without our prior written consent.

 

7.5 You may not without our prior written consent make any audio or visual recordings of any part of our Programme.

 

7.6 We may from time to time record the Programme being delivered during your attendance.  You authorise us to use your image and voice in

     any such recordings without payment, other condition or need for further consent.

 

7.7 You acknowledge that certain information contained in the Programme and Programme materials is already in the public domain.

 

7.8 You are not permitted to sell or promote products or services to other participants in the Programme at or during any part of our Programme

      without our prior written permission.

 

7.9 The provisions of this paragraph 7 shall survive termination of the Contract.

 

8 Term and termination

 

8.1 The Contract shall continue until the end of the Programme when the Contract shall expire other than for the Terms that are specifically

      stated to remain in force.

 

8.2 You may terminate the Contract at any time after the date falling [30 days] from your date of registration for the Programme [but before the

      date falling [35 days] from your date of registration] by emailing us at info@assetbusinessconsultancy.co.uk and clearly stating your wish to

      terminate and explaining how the Programme has not enabled you to meet its stated objectives. If we agree (acting reasonably) that the

      Programme has not enabled you to meet its stated objectives as a result of the Programme (rather than as a result of your action or inaction

      or your personal attributes) we may, subject to our discretion provide you with a full refund of the amount paid by you up to that date for the

      Programme.

 

8.3 Notwithstanding the provisions of paragraph 8.1 or 8.2, either of us may terminate the Contract on written notice to the other with immediate

      effect if at any time:

 

8.3.1 The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or

 

8.3.2 The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to

         a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or

         winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted

        of a custodial offence (other than a road traffic offence); or

 

8.3.3 The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to

         bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.

 

8.3.4 The other party acts in a way which is abusive or in any other way which makes the continued relationship untenable

 

8.3.5 The other party continues to refuse arrive for coaching sessions late, or not at all on 2 or more occasions, without advance notice or a

         reasonable explanation

 

8.4  On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms

       (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).

 

8.5 Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of

      termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date

      of termination.

 

8.6 Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other

      remedy.

 

8.7 Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date

      of termination of the Contract.

 

8.8 This paragraph 8 shall survive termination of the Contract.

 

8.9 Where the Contract expires, this shall be treated as a termination for the purposes of paragraph 8.7 and all other paragraphs that refer to

      “termination”.

 

9. Liability

 

9.1 Nothing in this paragraph 9 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent

      misrepresentation or for any matter for which liability cannot be legally excluded or limited.

 

9.2  We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of

       goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages,

       charges or expenses suffered or incurred by you as a result of you entering into the Contract and/or us providing the Programme.

 

9.3 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in

      connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you

      for the Programme.

 

9.4 If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we

     shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or

     delay.

 

9.5 We shall not be not liable for additional costs incurred by you as a result of changes in (i) the Programme, (ii) any other content, (iii) the

      location of venues, (iv) the time and date of sessions or (v) trainers, instructors or coaches.

 

9.6 The provisions of this paragraph 9 shall survive termination of the Contract.

9.7 You acknowledge and agree that:

 

9.7.1 The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or

        agreement between us relating to the provision of the Programme (which shall be deemed to have been terminated by mutual consent);

 

9.7.2 in entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or

         understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Programme

         other than as expressly set out in the Contract.

 

10. General

 

10.1 By registering for our Programme you warrant that:

10.1.1 You are legally capable of entering into binding contracts; and

10.1.2 You are at least 18 years old; and

10.1.3 You are resident in England and Wales; and

10.1.4 That all information you provide us with is materially true and accurate at all times and not misleading in any way.

 

10.2 You accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting

        notices on our site.  You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and

        other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This

       condition does not affect your statutory rights.

 

10.3 We may vary these Terms (other than the price payable by you for the Programme) as we see fit from time to time and if we do, we shall

        notify you by email of the change of terms. Your continuation with the Programme will be deemed to be your acceptance of any new Terms.

 

10.4 The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or 

        any of your rights under the Contract.

 

10.5 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any

        time during the term of the Contract.

 

10.6 If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies

       to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from

       compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of

       any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.

 

10.7 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition

        or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest

        extent permitted by law.

 

10.8 A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any

        term of the Contract.

 

10.9 The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent 

        of any person that is not a party to the Contract.

 

10.10 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual

           disputes or claims) shall be governed by and construed in accordance with English law.

 

10.11 We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises

          out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).

 

10.12 Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.

 

 

ANNEX 1

MODEL CANCELLATION FORM

 

To [Asset Business Consultancy of Suite 2A Blackthorn House, St Pauls Square, Birmingham, B3 1RL (info@assetbusinessconsultancy.co.uk)]

 

I hereby give notice that I cancel my contract of sale for the supply of the following services:

………………………………………………………………………………………………………………………………………

 

 

Ordered on ………………………………………………………………………………………………………

 

Name of consumer ………………………………………………………………………………………………………

 

Address of consumer ………………………………………………………………………………………………………

 

Signature of consumer ………………………………………………………………………………………………………

 

Date ………………………………………………………………………………………………………