Legal Terms and Conditions – Caroline Rushforth – wwwcarolinerushforth.com
a. ‘Client’ is any business which has contacted CR requesting information, or who has entered a Contract with CR for the provision of but not limited to coaching services, mentoring support, supervision, training, consultancy and speaking services (the Services).
b. ‘Contract’ – The legal agreement between CR and the Client for the provision of Services either as set out on the Website or contained in a Proposal.
c. ‘The Website’- https://www.carolinerushforth.com
d. ‘Proposal’- Customised Coaching and Training Services offered to the Client by CR in accordance with their initial instructions supplied to CR and the Fee payable for these. The Proposal will be open for acceptance for 30 days from issue unless otherwise stated by CR in writing.
e. ‘The Fee’- The sum payable for the provision of the Services ordered by the Client as set out on the Website or in a Proposal and any additional sums agreed between the parties.
f. ‘Payment’ – can be by direct bank transfer, debit or credit card, Square and PayPal
g. ‘Days’- All the days in a week except Saturday, Sunday and Bank Holidays unless otherwise agreed in writing by CR
h. These Terms and Conditions will represent the whole of the Terms between CR and the Client. Any changes to these must be agreed in writing by CR.
2. The Contract
a. The Contract is made when the Client has either paid the Fee through the Website or accepted a Proposal for the supply of Services and paid the initial Fee required.
b. The Contract once made cannot be cancelled by the Client.
c. A Contract from month to month will usually be for 12 months or such other term as agreed in writing between the parties. CR can terminate such a contract immediately should the Client commit a material breach of the Contract or these Terms and Conditions.
d. CR can terminate any Contract without liability if it is considered the Client is acting in a manner that could damage CR by their continued association.
e. The Contract can only be amended with the consent of CR in writing. The Client must accept that amendments requested by them may incur additional Fees and an extended Delivery Period.
f. If CR is unable to accept your order you will be informed as soon as possible.
g. CR has the right to discontinue the provision of any Services if it believes they could be libellous, illegal or a breach of any third-party rights.
h. CR will make no refunds.
i. The Client will have the opportunity to read these Terms and Conditions and any questions answered before entering the Contract and so the Client is accepting these Terms and Conditions by entering the Contract.
3. The Client’s Obligations
a. If the Client does not provide all the necessary details for the Services to be produced the Client will be contacted and must provide the outstanding information as soon as possible. The Client accepts that any such delay is acceptable due to their actions and their responsibility.
b. Information provided by the Client to CR must be complete, accurate and provided in good faith. Any changes in facts or relevant activities must be communicated to CR as soon as possible. The Client accepts that changes could lead to the Contract being amended to cover the change in circumstances.
c. Any delay in the provision of the Services arising from the failure of the Client to perform its obligations shall not be the responsibility of CR and the Client shall accept this.
4. The Services
a. The Services to be supplied under the Contract will be as set out on the Website or in a Proposal. Any amendment must be accepted by CR in writing and an additional Fee may be payable.
b. The descriptions of the Services by CR will be as accurate as possible and provided in good faith.
c. The Client must satisfy themselves that the Services on the Website or Proposal meets its requirements before entering the Contract. CR is always willing to answer any questions or queries.
d. The Client must accept that the Services supplied may vary slightly from as set out on the Website or in a Proposal.
e. If the Client has any particular requirements that are essential to them, they must contact CR to discuss the matter before entering a Contract to ensure this is acceptable to CR.
f. CR reserves the right to amend the Contract where in its professional opinion such amendment will lead to an improved result for the Client.
g. The Client must accept that when “Lifetime Access” is shown, that this is the lifetime of the product, not the lifetime of the Client or of CR. CR will provide 3 months notice by email to the Client if a product is retired and will no longer be available.
5. The Fee
a. The initial Fee required must be paid before the Contract is made unless otherwise agreed in writing by CR. This will be either through the Website or when an Invoice is raised following receipt of a Proposal through the PayPal payment link or direct bank transfer.
b. If the Fee is payable in instalments these must be paid on the due date or no further work will be carried out until payment in full is made.
c. In the event of continuous late or non-payment of invoices, CR reserves the right to request payment in advance before any future Services are supplied.
d. If a payment is not made within 30 days of the due date, then interest at 8% per annum above the current Bank of England base rate will be payable together with the current recovery fees.
e. All invoices must be paid in full without set-off, deduction or counterclaim.
f. If any instalment of the Fee is constantly not paid by the due date, then CR may require payment in full before providing any further Services. In extreme cases then CR may terminate the Contract without liability.
6. Third Parties
a. CR may refer or recommend the Client to other professionals or services that it is believed can assist the Client with their topics. Whilst this will be done in good faith CR accepts no responsibility for the services provided by the Third Party.
b. The Client must satisfy themselves as to if the Third Party’s services are adequate for their requirements. Any contract is made direct between the Client and the Third Party and CR has no responsibility for payment of any fees.
7. Resources and Books
a. All books and other written materials sold separately from the Services are produced in good faith, but CR accepts no liability for their relevance to or use by the Client.
b. Payment for all such book or materials must be made in full through the designated payment method before they will be dispatched or made available to download by the Client.
8. Cancellation Policy
a. If the Client wishes to postpone an appointment with CR they must give a minimum of 48 hours’ for face to face sessions and 24 hours’ notice for online sessions. A reschedule of the appointment must be within seven days. If such notice is not given the appointment will be lost.
b. Any late reschedule or cancellation not within the above notice period will be accounted for unless otherwise stated in writing by CR.
c. In the event of a late arrival to a session, the time will be deducted and the sessions will finish at the original booked time.
9. Limitation of Liability
a. Should CR be prevented, hindered or delayed from performing their obligations under the Contract by circumstances outside of their control (including without limitation acts of God, flood, drought, earthquake, other natural disasters, epidemic or pandemic, a terrorist attack, war, civil commotion or riots, war, the threat of or preparation for war, armed conflict, the imposition of sanctions, embargo or breaking off diplomatic relations, nuclear, chemical or biological contamination, any law or action by government or public authority, the collapse of buildings, fire explosion or accident, any labour dispute or strike, non-performance by suppliers or subcontractors, interruption or failure of utility service, any action or order from the government, travel restrictions CR shall be relieved from performing their obligations and will not be in breach of the Contract or otherwise liable for any such failure or delay in the performance of such obligations.
b. The Liability of CR to the Client shall not exceed the Fee and any expenses charged.
c. CR is not liable for any indirect or consequential losses to the Client or any Third Party.
d. The Contract is exclusive to the Client and no Third Party shall have any rights under that Contract.
e. CR has no liability for any loss of profits, goodwill, reputation, special or indirect losses or any other business losses.
f. CR does not exclude liability for death or personal injury caused by the negligence of CR or their employees, agents or subcontractors or fraud or fraudulent misrepresentation.
g. It is assumed that the Client is purchasing the Services in the course of a personal or business topic unless advised in writing by the Client and this is accepted by CR.
h. The Client is liable for any reasonable costs, liability, damages, loss, claims or proceedings arising from loss or damage to any equipment including that of any third party caused by the client, its agents or employees.
10. Intellectual property
a. All copyright, trademarks and all other intellectual property rights in all Services, books, materials, photos, artwork, and design shall remain always vested in CR. Any attempt to copy any designs, artwork, images, or materials or books, or reproduce, transmit, publish, display exploit, or create derivative items shall render the Client liable for damages.
b. Upon payment in full of the Fee CR will grant the Client an indefinite licence to use any material supplied under the Contract in the Client’s own current life or business.
c. If the materials supplied by CR are used by a Third Party for any purpose, not in the Contract the Client will be liable to CR for damages and will take appropriate steps to ensure such use ceases immediately.
d. If the Client wishes to use the content of the Services in a way beyond the Contract it must obtain written consent from CR and pay any Fee requested before doing so.
e. Any license given by CR to the Client will automatically terminate should the Client become insolvent, wound up or cease trading.
a. CR will keep all information supplied to them by the Client not in the public domain in connection with the Services private and confidential and this will continue for a period of two years after completion of the Services. CR may disclose such information to any subcontractor, supplier or employee to the extent necessary to provide the Services.
b. CR will not publicise any details of the Services provided to the Client without having obtained their written consent to do so but CR may refer to the fact that they are providing Services to the Client in their business materials unless the Client expressly requests that they do not do so.
c. The Client will keep all information it discovers about CR and its employees strictly confidential. This includes information relating to their business methods, practices, employees, contractors and includes all information whether labelled as Confidential or not. This continues after completion of the Services.
12. Data Protection
a. All data supplied to CR by the Client will be kept safely in accordance with the General Data Protection Regulations (GDPR )and general UK legislation as set out in their current Privacy Notice.
b. The Client will similarly comply with all current data protection legislation when dealing with data regarding CR.
a. The Client must raise any problem or complaint it has with the Services immediately the issue arises, and CR will seek to find a mutually acceptable solution.
b. The Client must, in any event, raise any Complaint about the Services within 14 days of completion of the Services.
c. The complaint must be put in writing addressed to their account manager at CR who will take steps to consult with the Client and find a solution.
d. If the Client remains dissatisfied with the Services, the matter will be passed to a Director who will take whatever steps they consider appropriate to resolve the issue.
If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.
The Client may not transfer any of their rights under the Contract to any Third Party.
These Terms and Conditions are governed by the law of England and Wales.