Terms + conditions for business coaching, online services and DIY Archive templates from Alice Writes Copy.
I am so pleased you have decided to use my services and resources - please read the following important terms and conditions before you commit to using them.
This contract sets out:
your legal rights and responsibilities;
my legal rights and responsibilities; and
certain key information required by law.
The intention is that it will bring clarity to our relationship, protect both of us and take care of the business side of things so that we can get on with the good stuff! Please let me know if there are any clauses that you do not understand or that contradict your understanding of my services.
In this contract:
‘I’, ‘me’ or ‘my’ means Alice Brown, trading as Alice Writes Copy; and
‘You’ or ‘your’ means the person buying or using my services and resources.
If you would like to speak to me about any aspect of this contract, please contact me by e-mail at hello@alicewritescopy.com
or telephone on 0 (+44) 7749 470498
BACKGROUND
I provide business coaching, handbooks and templates, copywriting, Squarespace website design, marketing and brand strategy services, to help small businesses with their online impact and the efficiency of their company. Because I only provide coaching to businesses, consumer protection legislation does not apply to this agreement.
I am a sole trader, and my trading address is Flat 1, 85 Tower Road, Newquay, TR7 1LX, UK, trading as Alice Writes Copy.
1. Introduction
1.1. If you buy coaching services, handbooks or templates from me (‘services’) you agree to be legally bound by this contract.
1.2. If you use any of my free resources (for example podcasts, workbooks, discovery sessions or any other resources I may offer free of charge from time to time) you also agree to be legally bound by this contract as appropriate, excluding the clauses relating to payment.
1.3. When buying any services or using any resources you also agree to be legally bound by:
1.3.1. my website terms of use and privacy policy;
1.3.2. extra terms which may add to, or replace, some of this contract, for example any specific written contract between us;
1.3.3. specific terms which apply to my services, for example programme or service descriptions which may be set out on the webpage for that programme or in email correspondence between us. If you want to see these specific terms, please visit the relevant webpage for the programme or look at the services description I have sent you in an email or request it from me.
All these documents form part of this contract as though set out in full here.
2. Ordering services from me
2.1. Below, I set out how a legally binding contract to buy services between you and me is made:
2.2. You place an order either on the site by clicking on the relevant payment link or I shall send you the link by email. Please read and check your order carefully before submitting it.
2.2.1.When you place your order at the end of the online checkout process by clicking on the payment link on my site (where you will be sent to pay via either Stripe of Paypal), or by clicking on the Paypal link I send to you by email, I shall acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
2.2.2. Any quotation given by me before you place an order for services is not a legally binding offer by me to supply such services. Any prices set out in a quotation remain valid for 21 days.
2.2.3. When you decide to place an order for services with me, this is when you make a legal offer to buy such services from me.
2.2.4. I may contact you to say that I do not accept your order, for example if I do not think my services are right for you or there has been a mistake in the pricing or description of the services, or my circumstances have changed since I gave you the quotation for the services .
2.2.5. I shall only accept your order when I confirm this to you by sending you a confirmation email or start to provide the services, whichever happens earlier. At this point:
(a) a legally binding contract will be in place between you and me, and
(b) I shall start to carry out the services as set out in the programme description on this website or in a services description agreed between us.
3. Carrying out the services
3.1. I shall carry out the services with reasonable care and skill.
3.2. I shall use reasonable endeavours to carry out the services within the timescales agreed between us or set out in a services description but time of performance is not of the essence of this contract. This means where I miss a timescale agreed with you, as long as I have used reasonable endeavours to meet the timescale, this will not entitle you to terminate the contract with me or ask for a refund or any form of compensation.
3.3. All project start dates are predetermined in your contract. All 1-to-1 coaching sessions (including rearranged sessions) must be taken within the timeframe specified in the programme description or services description or they will expire.
3.4. You can rearrange a project by giving me no less than 7 days notice. If you give me any less than 7 days notice, you forfeit your deposit, and I will let you know the next available start date within my calendar. You can rearrange any 1-to-1 coaching sessions, providing you give me at least 48 hours’ notice. If you give me less than 48 hours’ notice or fail to turn up for a session in a coaching programme, you will be deemed to have taken the session and you will not be able to reschedule it or entitled to any compensation for missing it.
3.5. All sessions take place remotely via the means of communication agreed with you in advance. There may be an additional charge for face to face meetings.
3.6. Please note that I may record our calls for training purposes and administration purposes and by entering into this contract with me you consent to the recording of our calls for these purposes.
3.7. My carrying out of the services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services. I shall make reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances and I shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include illness, IT issues and problems with internet connectivity or if you change the services you require from me and I have to do extra preparation.
3.8. To the maximum extent permitted by law, we exclude any and all implied warranties in respect of the services, except as expressly set out in this agreement.
4. Your responsibilities
4.1. You will pay the price for the services in accordance with the programme or services description.
4.2. You will provide me with such information and assistance (and ensure that any information is complete and accurate) as I reasonably need to provide the services.
4.3. You and I shall agree on a method of communicating with each other between sessions and adhere to that method.
4.4. Coaching is not therapy or counselling. It may involve all areas of your life. You acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them and whether or not you follow through on any agreed action is exclusively your responsibility. For this reason, although I fully expect great results to come from our coaching sessions, I cannot guarantee any specific outcomes or that all clients will achieve the same results. The results are entirely dependent on your commitment and the effort you put into the programme and the actions we agree.
4.5. My role is to offer you guidance and accountability and help you make positive business and lifestyle changes in order to make progress towards your business goals.
4.6. If you are in breach of this contract, we reserve the right to suspend or curtail the services as we see fit.
4.7. You agree:
4.7.1. to obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the receipt by you of the services; and
4.7.2. to ensure that you have the right to share any information or materials with us, including any Intellectual Property Rights; and
4.7.3. to stick to the agreed timescales with your own contract, if we are working on a one-to-one basis; and
4.7.4. that I am able to use your work in my own portfolio at the end of our time together.
4.8. If the performance of our obligations under these terms is prevented or delayed by any of your acts or omissions, or those of your agents, subcontractors, consultants or employees, we shall not be liable for any costs or losses incurred by you that arise directly or indirectly from such prevention or delay.
4.9. You warrant that you have the right to disclose the confidential information and any materials to us and to authorise us to use it for the purpose of providing the services.
5. Charges and payment
5.1. All prices quoted are inclusive of VAT.
5.2. The price for the services is set out in the programme or services description on the website page that describes that specific product or service.
5.3. Usually I require full payment in advance in order to provide the services. For some programmes or services I may agree to payment by instalments, in which case a supplementary fee will be chargeable. The relevant programme or services description will state if I have agreed to accept payment by instalments. If I agree to accept payment by instalments and you fail to make any of the instalment payments on the due date then I shall invoice you immediately for the whole of the outstanding balance and payment for that invoice will be due by return.
5.4. The fees are non-refundable except for where I cancel a programme (other than under 12.3 below), you are entitled to a partial refund for sessions which you have paid for in advance and which you have not received.
In all other circumstances I am not able to refund to you any of the payments you have made, even where you do not complete your sessions with me, as payment is for the programme as a whole, not individual sessions. This is a reflection of the amount of preparation I need to put into my services and products to make it most effective for you and the amount of time I shall dedicate and set aside for preparing for and attending our sessions together. This policy also helps you with your own accountability and commitment to improving your life through my coaching programme.
In view of my clear no-refund policy, I do not tolerate any type of chargeback threat or actual chargeback from your credit or debit card company. In the event that a chargeback is placed on a purchase or I receive a chargeback threat during or after your purchase, I reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.]
5.5. Payment is via the payment button on this website or as agreed between us.
5.6. If any of your payments are not paid on the due date, I may charge interest on any balance outstanding at the rate of 4 percentage points a year above HSBC Bank plc's base rate.
6. Intellectual property
If I provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to me and unless we agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.
7. How I may use your personal information
7.1. I shall use the personal information you give to me to:
7.1.1. provide the services and products;
7.1.2. process your payment for the services and products; and
7.1.3. inform you about any similar products and services that I provide, though you may stop receiving this information at any time by contacting me.
7.2 All information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others.
7.3. I shall not give your personal information to any third party unless you agree to it.
8. Confidential information
8.1. All information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others.
8.2. When you participate in any group sessions, for example as part of a group coaching programme, you agree to keep strictly confidential any information shared by participants in those group sessions and not to share it with any third parties. You will not use the confidential information of any participant of a group session for your own benefit except with the explicit consent of that participant.
8.3. The obligations in clauses 10.1 and 10.2 will not apply to information which:
8.3.1. has ceased to be confidential through no fault of either party;
8.3.2. was already in the possession of the recipient before being disclosed by the other party; or
8.3.3. has been lawfully received from a third party who did not acquire it in confidence.
8.4. Your and my confidentiality obligations under this clause will continue after termination of this agreement.
9. Resolving problems
9.1. In the unlikely event that there is a problem with the services, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.
9.2. I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.
9.3. Nothing in this contract affects your statutory rights.
10. End of the contract
10.1. If a programme or services description specifies a length of time for services to be provided, then subject to clause 12.2 below, the services will terminate at the end of that timeframe.
10.2. If I provide services to you on an ongoing basis and the relevant programme or services description does not specify a timeframe then either you or I may terminate the services by one month’s written notice to each other.
10.3. Either you or I may terminate the services and this agreement immediately if:
10.3.1. the other party commits any material breach of the terms of this agreement and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that this contract will be terminated if the breach is not resolved; or
10.3.2. the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
10.4. If this contract is ended it will not affect my right to receive any money which you owe to me under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.
11. Limit on my responsibility to you
11.1. Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible for any:
11.1.1. losses that:
(a) were not foreseeable to you and me when the contract was formed
(b) that were not caused by any breach of these terms on my part
11.1.2. loss of business, loss of profits, loss of management time and loss of business opportunity.
11.2. My total liability to you is limited to the amount of fees, if any, paid by you for the services.
12. Disputes
12.1. I shall try to resolve any disputes with you quickly and efficiently.
12.2. If you and I cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.
12.3. The laws of England and Wales will apply to this contract.
12.4. In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage my or your website, products and services.
13. Entire agreement
These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of me which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
14. Third party rights
14.1. No one other than a party to this contract has any right to enforce any term of this contract.