“We” are:
Kerry Curl, trading as Kerry Curl Coaching, of 15 Ream Close, Godmanchester, Huntingdon, PE29 2PL
(“KCC”)
“You” are:
The customer or customers that received the Proposal (where more than one person, they shall be jointly and severally liable).
(“Client”)
1. THE ASSIGNMENT
1.1 The Assignment is to provide coaching and related services to your business (“Services”) to you as set out in our proposal (“Proposal”).
1.2 The Assignment may include any other business services we agree to do that are reasonably necessary for your requirements by a KCC.
1.3 The Services shall be as set out on our website.
1.4 The Services shall be delivered by Kerry Curl or any other nominated person from time to time, with equivalent experience, qualifications, or relevance as KCC shall in their absolute discretion appoint. This is a contract for services and occasional substitution for a quality guest speaker, trainer or industry figure shall be allowed.
1.5 The Assignment will provide most value where the Client actively participates in the activities and sessions provided as part of the Services. Regular or persistent failure to participate in these activities will reduce the effectiveness of any coaching provided and may be deemed to be material fault by the Client and allow KCC to terminate the Assignment in accordance with 3.2.2.
1.6 The Client understands coaching is not therapy and does not substitute for therapy, psychological assessment, or assistance, nor any other medical advice.
1.7 The Client is solely responsible for creating and implementing his/her own decisions, choices, actions, and results arising from any Services or other materials provided under the Assignment.
1.8 The Assignment is provided subject to these Terms and Conditions (“Terms”).
2. PRICE AND PAYMENT
2.1 The price for the Assignment is set out in the Proposal. (There is no VAT). All prices and payments are in GBP. The price excludes any expenses that will be incurred by KCC, where and if payable, these will be agreed in writing in advance of incurring them, with you.
2.2 The price (whether paid by instalments or otherwise) plus any expenses shall be the fees of KCC (“Fees”). Any changes you request to the Proposal, or any additional work requested by you subsequently, may lead to additional Fees.
2.3 The Services shall be delivered by Skype or Zoom, or on a nominated private online platform hosting our membership and the Services or Goods we provide to you such as online discussions, calls, meeting, videos, templates and other relevant resources or materials.
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2.4 The Assignment is for an initial fixed term of either 3, 6 or 12 months, and the Services cannot be terminated early save as set out in clause 3. Instalment payments of the Fees is allowed in monthly, 3 or 6 monthly intervals, but the Assignment is always for the initial minimum term.
2.5 At the end of the initial fixed term you will be invited to renew for a further fixed term.
2.6 The Fees for the Services shall be paid in advance. KCC may agree to allow the Client to spread the cost by allowing payment by instalments. The Fees are for the complete programme, and you should refer to clause 3 below for the consequences of cancellation and/or rescheduling any of the Services.
3. REARRANGEMENTS OR CANCELLATION OF SERVICES
3.1 The Assignment can be cancelled by either party in writing or by email to hello@kerrycurlcoaching.co.uk subject to the matters set out in this clause.
3.2 By KCC:
3.2.1 If KCC cancels the Assignment, save in accordance with clause 3.2.2 below, it will be of immediate effect, and the Fees paid for any Services not yet delivered will be refunded. Any Services provided to you up to the date of cancellation shall be paid for by you, but no further sum or compensation will be payable to you by KCC arising from such cancellation.
3.2.2 The Assignment or Services may also be terminated by KCC if payment of the Fees is not made in accordance with the Terms, or if the Client commits a material breach of any of the Terms and fails to remedy the breach within 14 days of being notified in writing, or the Client makes any statements or behaves in any way or requests KCC to undertake any actions that are discriminatory, illegal or immoral, or if the Client enters into any form of insolvency arrangement. Upon termination the Client shall immediately pay any outstanding sums to KCC. There shall be no refunds.
3.2.3 In the unlikely event of KCC having to reschedule the Services, KCC will give the Client as much notice as reasonably practical and offer alternative dates to deliver the Services as soon as practicable. No refunds, sum or compensation will be payable to the Client by KCC arising from such rescheduling.
3.3 By the Client:
3.3.1 The Client is entitled to a 14-day cooling off period in which they may change their mind and terminate the Assignment/Services. The Client may cancel without reason by written notice to hello@kerrycurlcoaching.co.uk within 14 days of accepting the Proposal, and in this instance KCC will refund all sums paid by the Client without deduction.
3.3.2 Thereafter, if the Client seeks to cancel the Assignment or Services or any part of the Services, then the Fees for all agreed Services for the fixed term (whether provided at the date of cancellation or otherwise) will be payable in full by the Client. Any sums already paid by the Client will be forfeited. If instalments have been agreed, the Fees must still be paid in full for all Services whether provided or not at the time of cancellation.
4. INTELLECTUAL PROPERTY
4.1 “Intellectual Property” means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights. We provide you with a licence to use our Intellectual Property as part of the Assignment. The licence is personal, irrevocable, non-transferable and non-sub-licencable. The licence does not allow the Client to use any Intellectual Property for its own commercial purposes.
4.2 The Client agrees:
4.2.1 not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
4.2.2 to notify us of any suspected infringement of our Intellectual Property;
4.3 The Client agrees so far as concerns software provided or made accessible by KCC to the Client, the Client will not:
4.3.1 copy, or make any change to any part of its code;
4.3.2 use it in any way not anticipated by these Terms;
4.3.3 give access to it to any other person than you, the licensee in these Terms;
4.3.4 in any way provide any information about it to any other person or generally.
5. GENERAL
5.1 Signature or acceptance (in writing or by actions) of the Proposal supplied by KCC to the Client, or an email indicating the Client’s wish to progress with the Services, or payment of the Fees set out in the Proposal, will constitute an acceptance in full of these Terms.
5.2 The Services shall terminate when they are completed, and all payments have been made in full. Variations to the Services may only be agreed in writing. Services outside the scope of the Proposal will attract additional charges. We may vary our prices for the Services but will always give you 14 days’ notice of any increase, and only at the end of any fixed term.
5.3 KCC shall use reasonable endeavours to meet any performance dates, but such dates shall be estimates only.
5.4 The Fees will be paid after invoices are rendered from time to time. No VAT is applicable. Payment terms are on invoice and payment is not deemed to have been made until the Fees have been paid in full. If payment is not made in full and within time the Services may be suspended and payment in advance may be required before the Services are re-commenced. KCC reserves the right to require all Fees to be paid in advance of the commencement of the Services where applicable and agreed in writing.
5.5 If payment is not made in accordance with these Terms, KCC reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made alongside an administration fee of £50.
5.6. 5.6.1 Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services or making proper use of the Services. Each party recognises and accepts its obligations with regard to the control and the processing of personal data under the current data protection legislation and regulations. For more information on this, please see our privacy notice Privacy Policy (kerrycurlcoaching.com)
5.6.2 This restriction does not apply to any use or disclosure authorised by the Client or required by law; any use or disclosure which KCC, in their absolute discretion, considers necessary or advisable to prevent illegal acts or harm to the Client or to others; or any information which is already in, or comes into, the public domain otherwise than through an unauthorised disclosure.
5.7 Unless otherwise agreed in writing, the property and copyright or any other intellectual property rights in any Intellectual Property or materials produced by KCC to deliver the Services shall remain ours. They may not be copied or used without our written permission.
5.8 KCC's liability in respect of any loss of good will, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special, or indirect loss or damage will be NIL.
5.9 KCC will use reasonable care and skill in performing the Services. Where any valid claim in respect of the Services is made the Client may only be entitled to a refund of the Fees or part of the Fees. In respect of any other direct losses (in Contract or Tort) the total liability of KCC will not exceed £1,000.000.00 (x million pounds)
5.10 Nothing in these Terms will exclude or limit liability for death or serious injury caused by KCC's negligence.
5.11 If KCC is limited or hindered from providing Services booked by the Client due to circumstances beyond its control e.g. government intervention, Acts of God, civil disturbance, war, national or local disaster, strikes, labour disputes, epidemic and or pandemic, then the liability of KCC to the Client shall not exceed the amount paid by the Client for the Services. The Fees paid shall be non-refundable, (being an approximation of the value of Services already rendered and or expenses incurred) and KCC shall (where the value of the Services already delivered to the Client or expenses incurred is greater than the value of the Deposit) be entitled to be paid additionally for all Services delivered to the Client up to that point. KCC shall not be liable for any additional losses incurred by the Client in such circumstances.
5.12 KCC reserves the right to use images of work undertaken during the Services for marketing, promotional, competition and editorial purposes. If you do not wish to give consent to this use of the work or your image, then you must confirm this by email within 14 days of entering into this agreement.
5.13 Nothing in these Terms is intended to create a partnership or joint venture between KCC and you, and no party has the right to act as agent for the other or to bind the other party in any way.
5.14 It is agreed that there is no representation, warranty, collateral agreement or condition applicable, except as expressively provided by these Terms and the Proposal.
5.15 These Terms and any dispute arising from them shall be governed by the laws of England and Wales.
