Standard Terms and conditions
Office Address: Andy Coley CTC Ltd Ltd, International House, 24 Holborn Viaduct, Holborn, London, EC1A 2BN
Registered in England and Wales: 12365956
VAT Registration Number: GB339 3792 63
1. Definitions
In this document the following words shall have the following meanings:
“Agreement” means these Terms and Conditions together with the terms of any applicable Quotation Document
“Customer” means the organisation or person who purchases goods and services from Andy Coley CTC Ltd
“Delegate” means the person attending the course provided
“Participant” means the person attending the course provided
“Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable
“Quotation” means a statement of work, quotation or other similar document describing the goods and services to be provided by the supplier;
“Supplier” means Andy Coley CTC Ltd
“Coach” means the person providing coaching services
Andy Coley CTC Ltd also incorporates any services supplied through the trading names Professional-Boundaries.com
General
These Terms and Conditions shall apply to all contracts for the supply of goods and services by the Supplier to the Customer.
2. PUBLIC COURSES AND WORKSHOP PRICES, PAYMENT & REFUNDS
2.1 Where early booking prices and promotional offers are available for courses, the early booking price is only available until the expiry date of the specific promotion. After the expiry date of an offer the course will become available at an increased price or an alternative promotion specified.
2.2 The Supplier is not liable to refund fee differences that may arise due to delegates booking at different times, discounts etc.
2.3 Where an early booking price is in place, invoiced amounts for public courses shall be due on date at the time of booking or the date stated in the invoice (if applicable) to secure the early booking discount. If any applicable invoice is settled later than the date stated in the invoice an increase in the course price becomes due to the full amount of the place as published.
2.4 It is the delegate’s/ customer’s responsibility to ensure the Supplier has the full details and any required purchase order number at time of booking.
2.5 A 100% refund if cancelled within 14 days of booking. No refund is applicable outside of this period. You can however switch to a future course date for an administration charge of £15.
2.6 The conditions in 2.5 do not apply if you have received any study materials or certificates issued for the training. The Supplier is entitled to exercise discretion in 2.5 where evidence of extreme extenuating circumstances is presented.
2.8 Any refund will be credited to the same credit card or bank account as that of the original payment.
2.9 The customer/ delegate is legally responsible for providing payment once the booking is confirmed, although attendance for the programme will only be secured when full payment has been received.
2.10 Any payment plans must be agreed with the Supplier. If you have requested a payment plan you agree to ensure payments are made promptly. Any overdue payments will be subject to a 10% administration fee.
2.11 The supplier reserves the right to change the venue or date. Earliest possible notification will be given to those who have booked places. If the change is not convenient for the customer they may transfer a credit amount for their place, equal to the price paid, to a future event or workshop. If the future event the customer chooses is less than the amount paid then no credit balance is carried forward. At no time will refunds be given.
2.12 If a force majeure causes the supplier to need to cancel or postpone the event the earliest possible notification will be given to those who have booked places. In this case an online course may be offered as a substitute and no refund is given. If a postponement is planned and the change is not convenient for the customer, they may transfer a credit amount for their place, equal to the price paid, to a future event or workshop. If the future event the customer chooses is less than the amount paid then no credit balance is carried forward. At no time will refunds be given. A force majeure may include war, riots, fire, flood, hurricane, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, health pandemics and acts of state or governmental action prohibiting or impeding any party from performing its respective obligations.
3. IN-HOUSE TRAINING, COACHING OR FACILITATION PAYMENT AND CANCELLATION
3.1 When a defined service of a set number of workshops or days is delivered in-house to a company or organisation, full payment will be invoiced at the time of booking with a settlement date of 15 days from the date of invoice. Cancellations within 7 days of booking will be eligible for an 100% refund. Cancellations prior to 90 days before service commencement will be eligible for a 50% refund. When a service is commissioned for an ongoing in-house programme 40% of the estimated contract value will be invoiced at time of booking with a settlement date of 15 days from the date of invoice. This amount is non refundable. Thereafter, advanced invoices will be raised on commencement of service delivery. The Supplier is entitled to charge interest on overdue invoices from the date when payment becomes due at the rate of 1% per annum above the Bank of England base rate.
3.2 It is the customer’s responsibility to ensure the Supplier has the full details and any required purchase order number at time of booking.
3.3 Venue will be provided by the customer unless specifically agreed otherwise.
3.4 A projector, flip chart and speakers will be provided by the customer.
3.5 The supplier will advise any additional expenses in their original quotation. Expenses will be invoiced in the initial invoice stated in 1.1 above.
3.6 The customer is responsible for all health and safety requirements in respect of the venue.
4. CUSTOMER’S OBLIGATIONS
4.1 To enable the Supplier to perform its obligations under this Agreement the Customer shall:
4.1.1 Co-operate with the Supplier;
4.1.2 Provide the Supplier with any information reasonably required that is useful for the training
5. RECORDINGS
5.1 Some public workshops and programmes may be recorded via audio and video. The Supplier reserves the right to use this material for marketing. Any recording of in-house courses and workshops will only be undertaken if written authorisation of the Customer is obtained.
5.2 Anyone not wishing to participate in a recording should notify by email at info@professional-boundaries.com
6. SPECIFICATIONS
6.1 For the avoidance of doubt, no description, specification or illustration contained in any product pamphlet or other sales or marketing literature of the Supplier, and no representation written or oral, correspondence or statement shall form part of the contract.
6.2 No unauthorised use of the Supplier’s logo(s) or material provided during the training is permitted at anytime.
6.3 It may be necessary, for reasons beyond the control of the Supplier to change the venue, dates and/or trainer which will be notified by email or mail.
6.4 The Supplier is not liable for any additional travel and accommodation costs the Delegate may incur should the programme dates or venue be altered.
7. LIMITATION OF LIABILITY
7.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.
7.2 In no event shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
7.3 For public courses and masterclasses the Supplier does not accept any liability for damages whether mental, emotional or physical where a participant has failed to inform the Supplier of any pre-existing mental or physical condition that may result in the detriment to their or others health during the duration of the course or failed to take advice from their GP about attendance on the course.
7.4 For public courses and masterclasses, the participant accepts full liability for damages whether mental, emotional or physical where a participant has made the decision to join the course following any discussion regarding any pre-existing mental or physical condition.
7.5 For public courses and masterclasses, while all reasonable steps are made to ensure the accuracy of information about participants, the Supplier cannot guarantee that this information is accurate or that any participant is not a liability.
7.6 For public courses and masterclasses, the Supplier does not accept liability for the mental health or welfare resulting from any of the techniques used on the course where a participant either strays from the intended material or seeks to use the techniques during their own leisure time without the appropriate supervision and attendance of a qualified practitioner or instructor.
8. INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT AND CUSTOMER INFORMATION
8.1 All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Supplier, and the Customer shall do all that is reasonably necessary to ensure that such rights vest in the Supplier by the execution of appropriate instruments or the making of agreements with third parties.
8.2 Each learner is presented with course materials for personal use. Course materials provided by the Supplier are the copyright of the Supplier unless otherwise stated and no copies or unauthorised distribution shall be made.
8.3 The customer allows the supplier to utilise the company logo on the supplier’s website without specific written permission. The customer needs to write to the supplier within 30 days of the contract booking if they wish to over-ride this clause.
9. INDEPENDENT CONTRACTORS
The Supplier may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Customer and such engagement shall not relieve the Supplier of its obligations under this Agreement or any applicable Quotation Document.
10. SAFEGUARDING CHILDREN AND VULNERABLE ADULTS
The need to share information in order to keep children and vulnerable adults safe from abuse, takes precedence over the usual commitment to confidentiality.
11. COACHING AGREEMENT
11.1 The customer must understand and accept that the coaching services they will be receiving are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. The customer must also understand that their Coach is not acting as a mental health counsellor or a medical professional. Coaching is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment.
11.2 The customer must understand and accept that they are fully responsible for their own well-being during coaching sessions, and subsequently.
11.3 All comments and ideas offered in a coaching session are solely for the purpose of aiding the customer in achieving the defined goals they create with the coach. The customer has the ability to give their informed consent, and hereby give such consent to the coach to assist them in achieving such goals and understand that results are not guaranteed.
11.4 The customer must understand that the coach will protect their information as confidential unless they state otherwise in writing. If the customer report child, elder abuse or neglect or threaten to harm themselves or someone else, they understand that necessary actions will be taken and their confidentiality agreement limited in this capacity. Furthermore, if the coach is ordered by a court to provide information or to testify, they will do so to the extent the law requires.
11.5 The customer releases, waives, acquits and forever discharges the coach (the supplier), any agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages the customer may claim to have or that they may have arising out of acts or omissions by themselves or the coach as a result of the advice given by the coach or otherwise resulting from the coaching relationship contemplated by this agreement. The coach has no liability for any loss incurred by any customer, whether financial or otherwise, following commencement of coaching sessions, or for any perceived failure by the customer whether justified or otherwise, to achieve a material improvement in quality of life, relationship or business or to achieve their desired outcomes or goals.
11.6 If a customer needs to rearrange a coaching session, they should provide at least 72 hours notice. If a coaching programme is purchased, no refunds will be given to customers for unused coaching sessions. In exceptional circumstances the coach may need to rearrange a coaching session. In those instances, they will also give the client 72 hours notice where practical.
11.7 Coaching sessions are usually paid in advance. No refund is provided for cancellation although the session can be rearranged in accordance with point 12.6 above.
11.8 Where a customer pays for a session or sessions in advance they must have the coaching session(s) that they have paid for within 6 months of the payment or their fee is forfeited, unless otherwise agreed in writing with the supplier.
11.9 In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behaviour by the customer, actual or potential conflict of interest, or other reasons, the coach can decide to terminate the service to the customer early or refuse or be unable to provide further coaching sessions to the customer. In such a circumstance the customer will be given reasonable notice of termination where practicable and will be refunded any advance payments made for coaching sessions not yet provided.
11.10 The Supplier may allow coaches to advertise their services via this or any other website operated by them. Any agreement for coaching is between the client and the chosen coach and not with Andy Coley CTC Ltd. The customer should ask to check qualifications and documentation with the relevant coach including privacy policy, data protection and insurance. Andy Coley CTC Ltd cannot be held responsible in any way for any dissatisfaction in service. Furthermore, Andy Coley CTC Ltd will not be liable to the User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Website or any services contained in the website. You further accept that Andy Coley CTC Ltd shall not be liable for advice or counselling given by a coach or actions taken by you as a result of such advice or counselling.
12. VARIATION
These terms and conditions may be subject to amendment from time to time. If these terms and conditions are altered you will be notified by email, letter or other appropriate medium. If you have any uncertainties about these conditions as they might apply to you or your course or in-house attendance. It is your responsibility to clarify the situation by contacting us before your course or in-house attendance commences.
13. WAIVER
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 of this Agreement.
14. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
15. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the English law and the parties hereby submit to the exclusive jurisdiction of the English courts.