- In these terms and conditions:
a) the ‘Company’ is Jane James’s Consultancy Limited;
b) the ‘Owner’ is Jane James;
c) the ‘Services’ are the provision by the Company of virtual training; and
d) the ‘Client’ is the person, company and/or legal entity to whom the Services are provided.
Payment and Fees
- Fees quoted are exclusive of VAT which shall in addition be payable by the Client at the applicable rate.
- Unless otherwise agreed as specified in the quotation, fees are payable on the date the Services booked. The Company accepts payments by electronic bank transfers/BACS or PayPal.
- The Company reserves the right to cease the provision of work or any further work on the Services until full payment is received.
- The Client agrees to indemnify the Company for all legal costs incurred as a result of seeking to recover the amount of any unpaid fees (in full or in part). The Client agrees that such legal costs shall be added to the debt payable by it under these terms and conditions.
- All copyright, patents and any and all industrial and intellectual property rights in any and all documentation, materials, reports and all other information developed, written, provided or produced pursuant to the Services do vest or shall vest in the Company and/or the Owner immediately and unconditionally upon being developed, produced or written.
- Training products, materials for accredited mental health and wellbeing training remain the intellectual property of the third party provider(s).
- Each party shall treat as confidential and not reproduce or disclose to any other party any information which is stated to be the confidential and/or trade secret information of the other party, or which may be reasonably presumed to be so, including (but not limited to) training assessments, plans, programmes, study and course materials, presentations whether physical or electronic, software programs, correspondence, details of these terms and conditions or any services, fees or quotations and/or other material.
- Each party shall safeguard the above information to the same extent that it safeguards its own confidential and proprietary information and in any event with not less than a reasonable degree of protection. Notwithstanding the foregoing, the Company shall be entitled to provide to third parties only such information as is necessary for it to perform its obligations in relation to the Services or as may be required by law. The obligation of the parties not to disclose information shall not apply to information which was already in the public domain, or in the rightful possession of the other party, at the time of its disclosure, or which is disclosed as a matter of right by a third party or which passes into the public domain by acts other than the unauthorised acts of the other party.
- Cancellation by the Client of the Services will incur the following fees:
- Cancellation more than 20 working days prior to agreed start date for the Services: no charge less 3rdparty accredited mental health and wellbeing manuals already received/ordered which cannot be cancelled.
- Between 10 and 20 working days prior to agreed start date for the Services: 50% of the agreed fee.
- Fewer than 10 working days prior to agreed start date for the Services: full charge of the agreed fee.
- The ‘start date’ is the first date on which delivery of the Services commences.
- Cancellation of the Services will not be effective unless the Client gives notice of the cancellation by email to firstname.lastname@example.org.
- Where a delivery of Services is cancelled by the Client at any time, the Company reserves the right to make a reasonable charge for any preparatory work it has already carried out, together with any costs and expenses already incurred, in respect of the expected work.
- The Company may cancel any provision of Services with 5 working days’ notice in circumstances where, in its reasonable opinion, it is no longer possible or viable for it to provide the Services.
- The Client shall not bring any claim or legal proceedings personally against any employee, director or shareholder of the Company arising out of any aspect of the Services.
- The Company shall have no liability to the Client in relation to damages to the Client’s software caused by the introduction of a computer virus.
- Nothing in these terms and conditions shall confer any right or remedy upon the Client to which it would not otherwise be legally entitled.
- No liability can be placed on the Company or the Owner for any error in third party materials, including their processing of your information, nor the operating status of their websites.
- The Company and/or the Owner will not be held liable and problems or issues the Client may have with its internet access.
- Save as expressly mentioned in these terms, it is not intended by the Client or the Company that any term which may be construed as conferring a benefit on any person who is not a party to this agreement (these terms of business) should be enforceable by such a party, whether under the provisions of the Contracts (Rights Of Third Parties) Act 1999 or otherwise. If, arising out of the Services for the Client, a third party makes a claim against the Company and/or the Owner or if the Company and/or the Owner are joined in any legal proceedings, the Client agrees to indemnify Company and/or the Owner against any loss or damage (including all reasonable costs and expenses) which the Company and/or the Owner may suffer in connection with any such claim or proceedings.
- In the event that the Client is dissatisfied with the Services provided, the Client should notify the Owner at the earliest possible occasion, who shall attempt to resolve the complaint.
- The waiver or failure of either party to exercise in any respect any right or remedy pursuant to this Agreement shall not be deemed a waiver of any further rights or remedies.
- Any contract resulting from a Company fee quotation shall be governed and construed in accordance with English law and jurisdiction.
- The relationship between the Company and the Client is that of independent contractors and nothing in this Agreement shall be construed:
- to give either party the power to direct or control the activities of the other party;
- to constitute the parties as employer and employee (nor worker), principal and agent, partners, joint venturers, co-owners or otherwise participants in any joint undertaking; or
- to allow either party to create or assume any obligations on behalf of the other party for any purpose.
- The Company shall at all times exercise reasonable care and skill in the provision of the Services.
- If any provision of these terms and conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
- These terms and conditions and the relevant quotation constitutes the entire agreement between the parties and supersedes all previous negotiations and agreements, written or oral, express or implied between the parties with respect to the Services. No amendment to this Agreement shall be effective unless specifically stated to amend this Agreement and executed by authorised representatives of both parties.
- In the event of any conflict between the provisions of these terms and conditions and in any purchase order and/or any other document issued by Client, the provisions of these terms and conditions shall prevail notwithstanding any provision to the contrary in any purchase order and/or other document issued by Client.
- This Agreement shall be governed and construed in accordance with the laws of England and Wales, and subject to the jurisdiction of the English courts.
Acceptance of Terms
- The Client’s continued instruction of the Company and/or acceptance of the provision of Services, having received these terms and conditions will be treated for all purposes as its full acceptance all these terms and conditions without the requirement for written or signed approval or consent from the Client.