Terms and Conditions

Standard Service TERMS AND CONDITIONS

BACKGROUND: 

These Terms and Conditions are the standard terms for the provision of services by Norfolk Coaching Services a Sole Trader, whose registered address is 10 William Black Way, Strumpshaw, Norwich, Norfolk. NR13 4FQ.

1. Definitions and Interpretation 

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business  Day” means any day other than a Saturday, Sunday or bank holiday;

“Calendar  Day” means any day of the year;

“Contract  or Agreement” means the contract for the provision of ‘Coaching   Services, as explained in Clause 3;

“Deposit” means an advance payment made to Norfolk Coaching Services under sub-Clause 5.5;

“Month” means a calendar month;

“Price” means the price payable for the Coaching Services;

“Services” means the services which are to be provided by Norfolk Coaching Services to you as   specified in your Coaching Request (and confirmed in the Coaching Agreement);

“Order or Coaching Request” means your Request for Coaching Services 

“Order Confirmation” means NCS acceptance and confirmation of your Request for Coaching Services as  described in Clause 3;

“Norfolk Coaching Services/NCS/Us/Our” means Norfolk Coaching Services a Sole Trader

1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.

2. Information About Norfolk Coaching Services

2.1 Norfolk Coaching Services is a Sole Trader whose registered address is 10 William Black Way, Strumpshaw, Norfolk.

2.2 Alison Jakes is a qualified coach and accredited coaching practitioner with the European Mentoring and Coaching Council.

3. The Contract

3.1 These Terms and Conditions govern the sale and provision of Services by Norfolk Coaching Services (NCS) and will form the basis of the Coaching Agreement between NCS and you. Before submitting a Request for Coaching, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask the business owner for clarification.

3.2 Nothing provided by NCS including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Request for Coaching constitutes a contractual offer that I may, at my discretion, accept.

3.3 A legally binding contract between NCS and you will be created upon acceptance of your Request for Coaching, indicated by Our Request for Coaching Confirmation. This will be provided in writing.

3.4 NCS shall ensure that the following information is given or made available to you prior to the formation of the Coaching Agreement between NCS and you, save for where such information is already apparent from the context of the transaction:

3.4.1 The main characteristics of the Coaching Services;

3.4.2 Our identity (set out above in Clause 2) and contact details (as set out below in Clause 11);

3.4.3 The total Price for the Coaching Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;

3.4.4 The arrangements for payment, performance and the time by which (or within which) NCS undertake to perform the Coaching Services;

3.4.5 Our complaints handling policy;

3.4.6 Where applicable, details of after-sales services and commercial guarantees;

3.4.7 The duration of the Coaching Agreement, where applicable, or if the Agreement is of indeterminate duration or is to be extended automatically, the conditions for terminating the Agreement;

4. Orders

4.1 All Coaching Requests made by you will be subject to these Terms and Conditions.

4.2 You may change your Request for Coaching at any time before NCS begins providing the Coaching Services by contacting NCS. Request need to be confirmed in writing.

4.3 If your Coaching Request is changed NCS will inform you of any change to the Price in writing.

4.4 You may cancel your Coaching Request within 14 days of placing it. If you have already made any payments to NCS under Clause 5 (including, but not limited to any Deposit), subject to sub-Clause 5.6, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of acceptance of your cancellation. If you request that your Order be cancelled, you must confirm this in writing. If you wish to cancel the Services after this time period, or once NCS have begun providing the Coaching Services, please refer to Clause 10.

4.5 NCS may cancel your Request for Coaching at any time before Coaching begins providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of reasonable control. If such cancellation is necessary, NCS will inform you as soon as is reasonably possible. If you have made any payments to NCS under Clause 5 (including, but not limited to any Deposit paid), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of NCS informing you of the cancellation. Cancellations will be confirmed in writing.

5. Price and Payment

5.1 The Price of the Coaching Services will be that shown on Norfolk Coaching Services website in place at the time of your request. If the Price shown in your request differs from the current Price NCS will inform you upon receipt of your request.

5.2 NCS may provide a quote for a bespoke coaching package.

5.3 NCS Prices may change at any time but these changes will not affect Requests for Coaching that NCS have already accepted.

5.4 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, NCS will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where NCS have already received payment in full from you.

5.5 Before NCS begin providing a bespoke Coaching Service packages, you will be required to pay a Deposit of 10% of the total Price for the Services. The due date for payment of your Deposit will be included in the Order Confirmation.

5.6 In certain circumstances, if your Order for bespoke Coaching Services is cancelled, your Deposit will be refunded in full or in part. The amount due will be calculated based upon the Price for the Services, and the amount of work (if any) already undertaken by NCS. Please refer to sub-Clauses 4.4 and 4.5 if your Order is cancelled before the Coaching Services begin, or to Clause 10 if the Services are cancelled after they have begun.

5.7 The balance of the Price will be payable once NCS have provided the Coaching Services OR in the case of individual coaching which is charged on an hourly basis, in arrears during the provision of the Services.

5.8 NCS accept the following methods of payment:

5.8.1 Bank Transfer;

5.8.2 PayPal;

5.9 If you do not make payment to NCS by the due date as shown on your Coaching Agreement, NCS may charge you interest on the overdue sum at the rate of 2% per annum above the base lending rate of Barclays Bank. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.

5.10 The provisions of sub-Clause 5.10 will not apply if you have promptly contacted NCS to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.

6. Providing the Services

6.1 As required by law, NCS will provide the Services with reasonable skill and care, consistent with best practices and standards in the Coaching sector, and in accordance with any information provided by NCS about the Coaching Services and about NCS.

6.2 NCS will begin providing the Services on the date confirmed in Coaching Agreement.

6.3 NCS will continue providing the Services as agreed in the Coaching Agreement. 

6.4 NCS will make every reasonable effort to complete the Coaching Services on time (and in accordance with your Request). NCS cannot, however, be held responsible for any delays if an event outside of control occurs. Please see Clause 9 for events outside of control.

6.5 If NCS require any information or action from you in order to provide the Services, You will be informed of this as soon as is reasonably possible. 

6.6 If the information or action required of you under sub-Clause 6.5 is delayed, incomplete or otherwise incorrect, NCS will not be responsible for any delay caused as a result. If additional work is required from NCS to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, NCS may charge you a reasonable additional sum for that work. 

6.7 In certain circumstances, for example where there is a delay in you sending information or taking action required under sub-Clause 6.5, NCS may suspend the Services (and will inform you of that suspension in writing).

6.8 In certain circumstances, for example where NCS encounter a technical problem, NCS may need to suspend the Coaching Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention NCS will inform you in advance in writing before suspending the Services.

6.9 If the Services are suspended under sub-Clauses 6.7 or 6.8, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from NCS by their due date(s).

6.10 If you do not pay Us for the Services as required by Clause 5, NCS may suspend the Services until you have paid all outstanding sums due. If this happens, NCS will inform you in writing. This does not affect Our right to charge you interest under sub-Clause 5.10.

7. Problems with the Services and Your Legal Rights

7.1 NCS always use reasonable efforts to ensure that provision of the Coaching Services is trouble-free. If, however, there is a problem with the Services NCS request that you inform NCS as soon as is reasonably possible.

7.2 NCS will use reasonable efforts to remedy problems with the Coaching Services as quickly as is reasonably possible and practical. 

7.3 NCS will not charge you for remedying problems under this Clause 7 where the problems have been caused by NCS, any of our agents or employees or sub-contractors or where nobody is at fault. If NCS determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, sub-Clause 6.6 will apply and NCS may charge you for remedial work.

7.4 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. 

8. Our Liability

8.1 NCS will be responsible for any foreseeable loss or damage that you may suffer as a result of NCS breach of these Terms and Conditions or as a result of negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and NCS when the Coaching Agreement is created. NCS will not be responsible for any loss or damage that is not foreseeable.

8.2 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

8.3 Nothing in these Terms and Conditions seeks to exclude or limit liability for failing to perform the Coaching Services with reasonable care and skill or in accordance with information provided by NCS about the Coaching Services or about NCS.

8.4 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

9. Events Outside of Our Control (Force Majeure)

9.1 NCS will not be liable for any failure or delay in performing obligations where that failure or delay results from any cause that is beyond NCS’s reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond reasonable control.

9.2 If any event described under this Clause 9 occurs that is likely to adversely affect performance of any obligations under these Terms and Conditions:

9.2.1 NCS will inform you as soon as is reasonably possible;

9.2.2 NCS obligations under these Terms and Conditions will be suspended and any time limits that NCS are bound by will be extended accordingly;

9.2.3 NCS will inform you when the event outside of control is over and provide details of any new dates, times or availability of Coaching Services as necessary;

9.2.4 If an event outside of control occurs and you wish to cancel the Coaching Agreement, you may do so in accordance with your right to Cancel under sub-Clause 10.3.3. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of NCS acceptance of your cancellation notice;

9.2.5 If the event outside of NCS control continues for more than 4 weeks, NCS will cancel the Coaching Agreement in accordance with NCS right to cancel under sub-Clause 10.6.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of the cancellation notice.

10. Cancellation

10.1 If you wish to cancel your Order for the Services before the Services begin, you may do so under sub-Clause 4.4.

10.2 Once NCS have begun providing the Services, you are free to cancel the Services and the Contract at any time by giving NCS 1 month written notice. If you have made any payment for any Coaching Services NCS have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of acceptance of your cancellation. If NCS have provided Coaching Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, NCS will invoice you for those sums and you will be required to make payment in accordance with Clause 5.

10.3 If any of the following occur, you may cancel the Coaching Services and the Coaching Agreement immediately by giving NCS written notice. If you have made any payment to NCS for any Coaching Services NCS have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of acceptance of your cancellation. If NCS have provided Coaching Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, NCS will invoice you for those sums and you will be required to make payment in accordance with Clause 5. If you cancel because of NCS breach under sub-Clause 10.3.1, you will not be required to make any payments to NCS. You will not be required to give one month notice in these circumstances:

10.3.1 NCS have breached the Contract in any material way and have failed to remedy that breach within one month of you asking NCS to do so in writing; or

10.3.2 NCS enter into liquidation or have an administrator or receiver appointed over assets; or

10.3.3 NCS are unable to provide the Coaching Services due to an event outside of Our control (as under sub-Clause 9.2.4); or

10.3.4 NCS change these Terms and Conditions to your material disadvantage.

10.4 NCS may cancel your Request for Coaching Services before the Services begin under sub-Clause 4.5.

10.5 Once NCS have begun providing the Services, NCS may cancel the Services and the Contract at any time by giving you one month written notice. If you have made any payment to NCS for any Coaching Services NCS have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of NCS cancellation notice. If NCS have provided Coaching Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, NCS will invoice you for those sums and you will be required to make payment in accordance with Clause 5.

10.6 If any of the following occur, NCS may cancel the Coaching Services and the Coaching Agreement immediately by giving you written notice. If you have made any payment to NCS for any Services NCS have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of NCS cancellation notice. If NCS have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, NCS will invoice you for those sums and you will be required to make payment in accordance with Clause 5. NCS will not be required to give 14 days’ notice in these circumstances:

10.6.1 You fail to make a payment on time as required under Clause 5 (this does not affect our right to charge interest on overdue sums under sub-Clause 5.10); or

10.6.2 You have breached the Contract in any material way and have failed to remedy that breach within one month of NCS asking you to do so in writing; or

10.6.3 NCS are unable to provide the Coaching Services due to an event outside of Our control (for a period longer than that in sub-Clause 9.2.5).

10.7 For the purposes of this Clause 10 (and in particular, sub-Clauses 10.3.1 and 10.6.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub-Clause 10.3.1 and Us under sub-Clause 10.6.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

11. Communication and Contact Details

11.1 If you wish to contact NCS, you may do so by telephone at 07356 028771 or by email at norfolkcoachingservices@outlook.com.

11.2 In certain circumstances you must contact NCS in writing (when cancelling an Order, for example, or exercising your right to cancel the Coaching Services). When contacting Us in writing you may use the following methods:

11.2.1 Contact NCS by email at norfolkcoachingservices@outlook.com  or

11.2.2 Contact NCS by pre-paid post at Norfolk Coaching Services, 10 William Black Way, Strumpshaw, Norwich, Norfolk..

12. Complaints and Feedback

12.1 NCS always welcome feedback from customers and, whilst NCS always use all reasonable endeavours to ensure that your experience as a customer is a positive one, NCS nevertheless want to hear from you if you have any cause for complaint.

12.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from www.norfolk.coachingservices.org 

12.3 If you wish to complain about any aspect of your dealings with NCS, including, but not limited to, these Terms and Conditions, the Coaching Agreement, or the Coaching Services, please contact NCS in one of the following ways:

12.3.1 In writing, addressed to Alison Jakes, Norfolk Coaching Services, 10 William Black Way, Strumpshaw, Norwich. NR13 4FQ.

12.3.2 By email, addressed to norfolkcoachingservices@outlook.com 

12.3.3 By contacting NCS by telephone on 07356 028771

13. How NCS Use Your Personal Information (Data Protection)

NCS will only use your personal information as set out in NCS Privacy Policy available from www.norfolkcoachingservices.org 

14. Other Important Terms

14.1 NCS may transfer (assign) obligations and rights under these Terms and Conditions (and under the Coaching Agreement, as applicable) to a third party (this may happen, for example, if NCS sell the business). If this occurs you will be informed by NCS in writing. Your rights under these Terms and Conditions will not be affected and NCS obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

14.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without NCS express written permission.

14.3 The Contract is between you and NCS. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

14.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

14.5 No failure or delay by NCS in exercising any of NCS rights under these Terms and Conditions means that NCS have waived that right, and no waiver by NCS of a breach of any provision of these Terms and Conditions means that NCS will waive any subsequent breach of the same or any other provision.

15. Governing Law and Jurisdiction

15.1 These Terms and Conditions, the Coaching Agreement, and the relationship between you and NCS (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales. 

15.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.

15.3 Any dispute, controversy, proceedings or claim between you and NCS relating to these Terms and Conditions, the Contract, or the relationship between you and NCS (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.