Terms and Conditions of Sale – Services
These Terms and Conditions are the standard terms for the sale of services by Chris Barton Coaching.
“Client” means the individual or organisation who buys or agrees to buy the Services from the Supplier;
“Contract” means the contract between the Supplier and the Client for the provision of Services incorporating these Terms and Conditions;
“Services” means the services that the Client agrees to buy from the Supplier;
“Supplier” means Chris Barton Coaching who owns and operates chrisbartoncoaching.co.uk;
“Terms and Conditions” means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
“Website” means chrisbartoncoaching.co.uk
Nothing in these Terms and Conditions shall affect the Client’s statutory rights as a Consumer.
These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Client and shall prevail over any other documentation or communication from the Buyer.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
Any complaints should be addressed to the Supplier’s in writing and sent via the methods as provided on the Contact page
Any special conditions applying to the provision of the Services will be agreed between the Supplier and the Client and will be provided in writing.
All orders for Services shall be deemed to be an offer by the Client to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
When making an order through the Website, the technical steps the Client needs to take to complete the order process are described in the order processing section of the website.
4. PRICE AND PAYMENT
The price of the Services shall be that stipulated on the Website or Email or other written document. VAT, where applicable, will be clearly stated.
The total purchase price, including VAT and other charges, if any, will be displayed in the Client’s shopping cart (or proposal) prior to confirming the order.
After the order is received the Supplier shall confirm by email the details, description and price for the Services together with information on the right to cancel.
Payment of the price plus VAT, if applicable, must be made online at the time of order, unless otherwise agreed. Payment must be made without deduction or set-off.
Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.
Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
5. SCHEDULE OF DELIVERY
The coaching schedule will be arranged between the Supplier and the Client and can be booked up to 3 months in advance. The Supplier will recommend the frequency of the sessions based on a professional assessment of the Client’s requirements. This recommendation, or plan, is not binding and may be altered and adjusted by mutual agreement, in accordance with the terms set out in this agreement.
The number and frequency of sessions will be agreed at the start of service between the Supplier and the Client, and confirmed by the Supplier by email or written correspondence. Where no specific number is agreed sessions will be provided on a session by session basis.
In return for the fees payable by the Client (or by a third party on their behalf), the Supplier agrees to provide the service as described below and in accordance with these terms and conditions.
The Client agrees to pay fees for the service in accordance with these terms and conditions
In situations where a third party pays the fees, the third party counts as an Agent acting on behalf of the Client.
The date that the first session takes place shall be deemed to be the start date for the service. Where the Client is unhappy with any of the terms and conditions, they can contact the Supplier to discuss any concerns and see if they can be resolved before the first session. Participation by any individual in the first session constitutes acceptance of these terms and conditions.
Format of Sessions
Face to face (venue by mutual agreement), via Skype; telephone sessions; or other format where such is agreed. Unless otherwise agreed, for Skype and telephone sessions the Client is responsible for telephoning the Supplier at agreed times. The Supplier is responsible for ensuring that they are available for consultation at agreed times.
The length of each session is as agreed between the Supplier and the Client before coaching sessions commence.
The Supplier may agree to provide additional coaching sessions after completion of the initial agreed session(s). These terms and conditions will apply to any additional sessions so provided and the Per Session Fee will remain the same as originally agreed except where the Supplier notifies the Client in writing by letter or e-mail of a change to the Fee or to any other term or condition in accordance with the section in these terms and conditions headed “Variation of Terms and Conditions”.
Dates and Times of Sessions
The date and time of the first session and any subsequent session will be agreed between the Supplier and the Client by phone or email and confirmed by the Supplier by email or letter.
Sessions can only be rearranged in accordance with the section in these terms and conditions headed “Rearranging Sessions” below.
If a Client needs to rearrange a session, they should provide at least 48 hours notice. No refunds will be given to clients for unused coaching sessions unless 48 hours notice has been given. In exceptional circumstances the Supplier may need to rearrange a coaching session. In those instances she will also give the client 48 hours notice where practical.
Where a client pays for a session or sessions in advance they must have the session(s) that they have paid for within 6 months of the payment or their fee is forfeited.
The Supplier shall begin to perform the Services as described in the order and the delivery date of these services will be confirmed in writing with the Client. The Supplier is under a legal obligation to supply the Services in conformity with the Contract.
The Supplier shall perform the Services with reasonable skill and care
The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice if the Buyer breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable.
7. RIGHTS OF SUPPLIER
The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Client places an order.
The Supplier reserves the right to withdraw the Services from the Website at any time.
The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.
8. AGE OF CONSENT
Where the Services may only be purchased by persons of a certain age the Client will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Services.
If the Supplier discovers that the Client is not legally entitled to order certain Services, the Supplier shall be entitled to cancel the order immediately, without notice.
The Client, has the right to cancel the Services at any time without giving any reason; however if scheduled appointments have been made for the delivery of the services and the cancellation is received within 14 days of the appointed service date, then the full fee remains payable.
The Client must provide cancellation of services in writing to the email address as provided on the Contact page of this website.
10. LIMITATION OF LIABILITY
In the event of any breach of these Terms and Conditions by the Supplier the remedies of the Client shall be limited to damages which shall in no circumstances exceed the price of the Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
11. FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.
13. CHANGES TO TERMS AND CONDITIONS
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Client upon making a purchase.
Any renewal of the Services will be subject to the Supplier’s then current Terms and Conditions
Variation of Terms and Conditions
Where an Initial Number of Sessions is agreed, any changes to these terms and conditions intended to take effect prior to the conclusion of those Initial Number of Sessions will only have effect if agreed by both the Supplier and the Client and confirmed by the Supplier in writing by email or letter.
14. GOVERNING LAW
This contract is governed by the law of England whose courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings or legal claim of any nature relating to the service provided or the contract.