One Degree Training & Coaching Terms & Conditions

Page 1 of 4 25 March 2023

These Terms and Conditions apply to all Services provided by us, One Degree Training & Coaching Ltd, a company registered in England and Wales under company number 14053252, whose registered office address is at Commerce House, Carlton Boulevard, Lincoln, England, LN2 4WJ (“the Company/we/us/our”).

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

“Client/you/your” means the individual, firm or corporate body purchasing the Services. Where an individual is entering into this Contract on behalf of a business, the individual confirms they have the authority to enter into this Contract on behalf of that business and the business will be the Client in the context of the Contract;

“Contract” means the contract formed in accordance with clause 2, which will incorporate and be subject to these Terms and Conditions, together with any special terms agreed in the Proposal;

“Participant” means any individual attending a session.

“Proposal” means our proposal to carry out the Services which, unless otherwise stated, remains open for acceptance for a period of 30 days and sets out the entire scope of Services to be provided;

“Services” means the coaching, training and mentoring sessions to be carried out by us as detailed in the Proposal; and

“writing” and “written” includes emails and similar communications;

2. The Contract 2.1 We will send you a written Proposal detailing the Services and our fees. A legally binding Contract will be formed when you accept our Proposal, by sending us written confirmation or by paying the deposit. The Contract will incorporate, and be subject to, these Terms and Conditions.

2.2 You are responsible for ensuring that our Proposal reflects your requirements. Our Proposal is based on the information provided to us at the time we prepare it. If any errors or differences are noticed, we reserve the right to make adjustments to the Proposal.

2.3 We will use all reasonable endeavours to complete our obligations under the Contract on time, but time will not be of the essence in the performance of our Services.

3. The Services 3.1 The content will be available to you on the start date stipulated and will continue to be available for the period agreed in accordance with the Proposal.

3.2 We make no warranty that any Services provided will be uninterrupted or error-free and we also can’t guarantee that they will meet your requirements; however, our aim is to always offer you the very best service possible.

3.3 The Services are not guaranteed to produce the same results as others taking part in the Program, we cannot be held responsible for the quality and/or outcomes of the Services we have provided for different industries or businesses.

3.4 It is your responsibility to carry out any agreed actions in advance of the next Session and to provide us with such information and assistance relating to the Services as we may reasonably require.

3.5 We will provide you with information and advice in connection with the Services. However, you are required to conduct your own investigations and research and we accept no responsibility for any actions taken following our advice or recommendations.

3.6 If a Participant is late to any session, we reserve the right to cancel or shorten the session. If a Participant is late or fails to attend the session for any reason, no refund or reduction of price will be given.

3.7 You may substitute Participants in group or online sessions, however coaching and mentoring are personal to the named Participant in the proposal.

3.8 The Services are not guaranteed to produce results, we cannot be held responsible for the quality and/or outcomes that Participants experience.

3.9 It is your responsibility to carry out agreed actions in advance of the next session and to provide us with any information as we may require.

3.10 The Services shall be for a fixed number of sessions within the programme, as detailed in our Proposal. It is your responsibility to ensure you make use of your allocated sessions, if you have not used all your sessions your sessions shall be lost, unless we have agreed otherwise in writing. We will ensure that we do

not work over your allotted time for the sessions, however if you require additional, we may be able to

upgrade you, but reserve the right to increase the fee.

3.11 We are able to provide our Services in a variety of ways to meet your specific needs. Our Sessions may be delivered in a face-to-face format, or in an online format, a group format and one to one. Where we provide the premises for the Services, it shall be your responsibility to notify us of any accessibility or allergen information of a Participant which may affect the choice of venue or facilities.

3.12 The Services are in no way to be construed as psychological counselling or any type of therapy. If, at any time, we believe that you would benefit from a different form of coaching, therapy, or support, we shall let you know and may make recommendations to suppliers. You are under no obligation to accept these suggestions but if you decide to, you will need to ensure the relevant supplier is suitable for your needs. A separate contractual relationship will be created between you and the supplier, under separate terms and conditions.

4. Variations and Amendments 4.1 If you wish to vary the Services, you must notify us as soon as possible. We will attempt to make any required changes and will invoice you for any additional costs.

4.2 If we have to make any change in the Services, we will notify you immediately. We will try to keep changes to a minimum and will offer you arrangements as close to the original as is reasonably possible.

4.3 Any agreed changes will be carried out in accordance with these Terms and Conditions and any price increase as a result of an agreed change will be payable in accordance with the terms for payment below.

5. Fees and Payment 5.1 All invoices are payable at the time of your acceptance of our Proposal. This will secure your programme and we cannot guarantee availability until payment is received in full.

5.2 Where agreed in our Proposal, we may offer you monthly payment terms, which shall be payable in advance throughout the term.

5.3 Payments are to be made via bank transfer, debit, or credit cards.

5.4 Where applicable, we will charge for mileage together with all other reasonable travel expenses, accommodation and other costs incurred by us in performing the Services.

5.5 You also agree to pay for any additional services that are not specified in the Proposal. These additional services will be charged at our usual rate at the time.

5.6 The time for payment is of the essence of the Contract. If you don’t make payment by the due date then, we will have the right to suspend the Services and charge you interest at the rate of 8% per year above The Bank of England base rate calculated daily in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

6. Rescheduling and Cancellation 6.1 Consumers have a legal right to a 14-day cooling off period from the date the Contract is formed. You may cancel the Services during this 14-day period for any reason. You can confirm your cancellation in any way, and we will refund any payments made within 14 days of the cancellation.

6.2 However, if you expressly state that you wish to begin the Services within this initial 14 day cooling off period, your right to cancel within this period will be lost, and we reserve the right to charge for works completed until the point of cancellation.

6.3 After the cooling off period has expired, you will no longer be entitled to cancel the Services except in accordance with clause 7, and payment will remain due for all Services outlined in the accepted Proposal.

6.4 If you wish to reschedule an individual session with us, we will be entitled to invoice for:

6.5 100% of our fees if the cancellation takes place within 48 days of the session date; 6.5.1 50% of our fees if the cancellation takes place more than 7 but fewer than 14 days before the session date.

6.6 We will only allow an individual session being rescheduled once. Further rescheduling will be chargeable. If you cancel or reschedule, we will also charge for any costs incurred, such as expenses. We will attempt to reschedule the session to meet your preferred date and time, however we cannot guarantee this will be possible.

6.7 If, due to unforeseen circumstances, we have to reschedule or cancel a session, we will contact you as soon as possible to minimise disruption and will book another session for you as soon as possible.

7. Cancellation 7.1 Either Person has the right to cancel the Services immediately if the other Person:

7.2 has committed a material breach of this Contract. If the breach it is able to be rectified, this must be done within 14 days; or 7.2.1 goes into bankruptcy or liquidation either voluntary or compulsory.

7.3 In the event of cancellation, all payments required will become due immediately.

7.4 Any and all obligations which continue beyond the cancellation, of this Contract will continue after cancellation on a proportional basis.

8. Confidentiality: Each Person undertakes that whilst working with each other, they may disclose confidential information to each other. Both persons agree that they will not use the confidential information, except as allowed by the other person. Each Person will maintain confidentiality and will not distribute information to anyone, unless authorised by the other Person in writing, excepting where required by our professional standards. Such reasons include but are not limited to causing harm to yourself or others or committing an illegal act.

9. Copyright 9.1 We reserve all copyright and any other rights in connection with the Services. We reserve the right to prevent infringement of such copyright.

9.2 Provided you make payment in full, we will assign to you the intellectual property rights in materials we have developed solely for you.

9.3 Any advice and documentation we provide is for use strictly by you as the Client. Under no circumstances may this be used, reproduced, lent, sold or otherwise circulated without our express written consent.

10. Assignment and Sub-Contracting 10.1 You may not, without our prior written consent, assign or transfer any of your rights or obligations under this Contract.

10.2 We may at any time assign, transfer, sub-contract, or deal in any other manner with all or any of our rights or obligations under this Contract, without your consent.

10.3 Where we sub-contract any of our obligations under the Contract, we will be responsible for every act or omission of the sub-contractor as if it were an act or omission of our own.

11. Liability and Indemnity 11.1 Nothing in these Terms and Conditions excludes or seeks to exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

11.2 Except as provided in clause 11.1 above, we will not, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims in connection with the Services. All warranties or conditions whether express or implied by law are expressly excluded, to the maximum extent permitted by law.

11.3 In the event of a breach by us of our obligations under the Contract, your remedies will be limited to damages, which in any event, will not exceed the total fees paid by you under the Contract.

11.4 We will provide, to the best of our knowledge, advice, guidance and best practice based on the information provided by you. However, we cannot accept responsibility for any actions taken as a result of our advice or recommendations. Additionally, we cannot be held liable for any consequences should our professional advice not be taken.

12. Force Majeure: Neither Person shall be liable for any failure or delay in their obligations where it results from any cause beyond their reasonable control. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism or war, governmental action or any other event that is beyond the control of the Person in question.

13. Data Protection 13.1 Both persons agree to comply with all applicable data protection legislation including, but not limited to, the Data Protection Act 2018 and UKGDPR and any amendments to it.

13.2 We reserve the right to record sessions to anonymously use within the Company to develop our Services.

13.3 You are responsible for all data disclosed to us when providing our Services to you.

14. Waiver: No failure by either Person in exercising their rights under the Contract will be deemed to be a waiver of that right, and no waiver by either Person of a breach will be deemed to be a waiver of any other breaches of the same or any other provision.

15. Severance: In the event that one or more of clauses are found to be illegal, invalid or otherwise unenforceable, that they will be deemed severed from these Terms and Conditions. The remainder of these Terms and Conditions will remain valid and enforceable.

16. Notices: Notices will be deemed to have been received 24 hours after an email is sent or three working days after the date of posting of any letter. It will be enough to prove, in the case of a letter, that it was properly addressed to the address provided, stamped and placed in the post and in the case of an email, that it was sent to the correct email address.

17. Law and Jurisdiction 17.1 These Terms and Conditions and the relationship between you and us will be governed by the laws of England and Wales.

17.2 Any dispute, controversy, or claim between you and us will be subject to the jurisdiction of the courts of England and Wales.