STANDARD TERMS and CONDITIONS
The Client wishes to engage the Company to provide a coach who will provide coaching services to the Client on the terms and conditions of this Agreement.
The Company is willing to provide a coach who will provide coaching services to the Company on the terms and conditions of this Agreement.
The Fee is a fixed fee payable in advance of the commencement of services.
The Fee is due in full regardless of whether all or any of the participants completes the work.
Client shall pay the fee in full before the performance of the Services commences.
The Company shall not be liable for any delay in or failure of performance caused by: Force Majeure.
The Company and its assigned Coach, Peter Brodie, agree to maintain the ethics and standards of behaviour set by BYS Coaching Group Ltd and the Institute of Sales Management.
The Company’s total liability shall not exceed the sum equivalent to the Contract Fee.
The Company shall not be liable for consequential, indirect or special losses
The Company shall not be liable for any of the following (whether direct or indirect): loss of profit; loss or corruption of data; loss of use; loss of production; loss of contract; loss of opportunity; loss of savings, discount or rebate (whether actual or anticipated); harm to reputation or loss of goodwill.
This coaching relationship, all information (documented or verbal) that the Client shares with the Coach or the Company will be considered as Confidential.
The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent.
The Client shall keep confidential all Confidential Information of the Company and shall only use the same as required to perform the Contract.
The Client shall not make any public announcement or disclose any information regarding the Contract, except to the extent required by law or regulatory authority.
The parties agree that the Client is a Controller and that the Company is a Processor for the purposes of processing Protected Data pursuant to this Agreement. The Client shall at all times comply with all Data Protection Laws in connection with the processing of Protected Data. The Client shall ensure all instructions given by it to the Company in respect of Protected Data (including the terms of this Agreement) shall at all times be in accordance with Data Protection Laws. Nothing in this Agreement relieves the Client of any responsibilities or liabilities under any Data Protection Laws.
A party shall not be liable if delayed in or prevented from performing its obligations due to Force Majeure, provided that it: promptly notifies the other of the Force Majeure event and its expected duration; and uses best endeavours to minimise the effects of that event.
If, due to Force Majeure, a party: is or shall be unable to perform a material obligation; or is delayed in or prevented from performing its obligations for a continuous period exceeding 14 days or a total of more than 30 days in any consecutive period of 60 days; the parties shall, within 30 days, renegotiate the Contract to achieve, as nearly as possible, the original commercial intent.
The Company may terminate the Contract at any time by giving notice in writing to the Client if: the Client commits a material breach of Contract and such breach is not remediable; the Client commits a material breach of the Contract which is capable of being remedied and such breach is not remedied within 14 days of receiving written notice of such breach; the Client has failed to pay any amount due under the Contract on the due date and such amount remains unpaid after the date on which the Service was to have commenced and Company has given notification that the payment is overdue
The Company may terminate the Contract at any time by giving notice in writing to the Client if the Client: stops carrying on all or a significant part of its business, or indicates in any way that it intends to do so; is unable to pay its debts either within the meaning of section 123 of the Insolvency Act 1986 or if the Company reasonably believes that to be the case; becomes the subject of a company voluntary arrangement under the Insolvency Act 1986;
Any dispute arising between the parties out of or in connection with the Contract shall be dealt with in accordance with the following. The dispute resolution process may be initiated at any time by either party serving a notice in writing on the other party that a dispute has arisen. The notice shall include reasonable information as to the nature of the dispute. The parties shall use all reasonable endeavours to reach a negotiated resolution through the following procedures: within 7 days of service of the notice, the parties shall meet to discuss the dispute and attempt to resolve it. If the dispute has not been resolved within 14 days of the first then the matter may be referred. The Client shall pay all sums that it owes to the Company under the Contract without any set-off, counterclaim, deduction or withholding of any kind, save as may be required by law.
The parties are independent persons and are not partners, principal and agent or employer and employee and the Contract does not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party’s behalf.
The Client recognises that any breach or threatened breach of the Contract may cause the Company irreparable harm for which damages may not be an adequate remedy. Accordingly, in addition to any other remedies and damages available to the Company, the Client acknowledges and agrees that the Company is entitled to the remedies of specific performance, injunction and other equitable relief without proof of special damages.
The Client shall comply with all laws, enactments, regulations, regulatory policies, guidelines and industry codes applicable to it and shall maintain such authorisations and all other approvals, permits and authorities as are required from time to time to perform its obligations under or in connection with the Contract.
A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Contract.
The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims