These Terms and Conditions of Business shall govern all work carried out by nurtureHR on behalf of you as the client (i.e. the party to whom our Offer of Services is addressed).
1.1 The Agreement made between nurtureHR and yourself as the client (hereafter known as You) comprises the Proposed Offer of Services (to include outline of fees) and these Terms and Conditions of Business, collectively known as “the Agreement”
1.2 The two documents in 1.1 constitute the entire and only agreement between nurtureHR and the You. The contents of these documents supersede all agreements, representations, undertakings or discussions that may have occurred previously.
1.3 Variations or additions to the agreement can be made. However, both parties must agree to the variation or addition and their agreement must be recorded in writing and be signed by both parties, otherwise it will not be binding.
2.1 nurtureHR will perform the services described in the proposal with reasonable skill and care and in a good and workmanlike manner. The standard by which the performance of the services will be measured is the professional standard expected of an experienced provider of coaching and related services.
2.2 NurtureHR will endeavour to meet any target date to which the Offer of Services refers.
2.3 You enter the coaching agreement on the understanding that the results cannot be guaranteed. The key factor in the success of coaching is the degree of commitment which you have to yourself and your goals. You acknowledge and agree that the provision of the services by nurtureHR depends upon the your carrying out of your agreed actions.
2.1 nurtureHR will use the coach named in the Offer of Services for the duration of service provision insofar as is reasonably possible or practical to do so. However, should the need arise, nurtureHR can replace this coach with others of similar experience and suitability with your consent. Such consent will not be unreasonably withheld.
3.1 During the provision of services, you shall co-operate with nurtureHR to the extent required to achieve the objectives set out in the proposal.
3.2 Your full commitment is required to agreed times and dates of coaching sessions.
3.3 Your full commitment is required to your carrying out of any agreed actions.
4.1 nurtureHR will attempt to accommodate cancellations and requests for rescheduling where possible. To cover loss of business where insufficient notice is provided for one-to-one sessions, the following charges apply for late cancellations and re-scheduling of bookings:
4.1.1 Clients will be charged at full cost in the event of you failing to attend (or telephone/Skype for telephone/Skype sessions) at the agreed time and date and/or where less than 48 hours notice is given to cancel or re-schedule.
4.2.2 nurtureHR will attempt, where possible, to accommodate requests to re-schedule or cancel a limited number of one-to-one telephone coaching sessions where more than 48 hours notice is given.
4.2.3 However, notwithstanding exceptional circumstances, repeated cancellations and/or re-scheduling (i.e. more than two per coachee) will be charged at 100% cost irrespective of period of notice given.
5.1 The Outline of Services will contain details of fees for our provision of services to you.
5.2 All fees will be paid in full in advance upon receipt of our invoice and prior to provision of our services to you.
5.3 If you do not make full payment in advance of commencement of our services as agreed, we will cancel or suspend provision of services to you.
5.4 All payments shall be made without any deduction, withholding, set-off or counterclaim whatsoever.
5.5 In compliance with the Consumer Contracts Regulations 2013 (formerly the Distance Selling Regulations), you have the right to cancel your purchase of my services within 14 days of placing your order. You may do this by emailing me through the Contact Page. If, at your request, you wish us to commence our provision of services to you within this 14 day cooling off period, you will pay the standard for any sessions received during this time and receive a refund of the remaining amount. Alternatively, should you wish to cancel before commencement of our services to you and within the 14 day cooling off period, you will receive a full refund of any payment made.
6.1 All intellectual property in any materials or programs given by us to you shall at all times remain property of nurtureHR.
6.2 Each party warrants to the other that it has complied with and will continue to comply with the provisions of the Data Protection Act 1998 in relation to the project.
6.3 Each party shall treat all Confidential Information belonging to the other party as confidential and safeguard it accordingly; and shall not disclose any Confidential Information belonging
7.1 You agree to the terms of the liability waiver completed by You at all times during the provision of the Services by Us.
7.2 Save as set out in these terms and conditions and save for liability for death and personal injury caused by our negligence and save for breach of our undertakings as to title implied by statute, all express or implied conditions, representations or warranties as to description or quality for purpose or otherwise are expressly excluded. We shall not be liable for any consequential loss or for any loss of profits, business revenue, goodwill or anticipated savings, (whether arising from breach of contract, tort, breach of statutory duty, misrepresentation or otherwise).
7.3 Due to factors beyond our control, although we use our expertise to assist you in achieving your desired outcomes, we cannot be responsible for achieving the outcome.
7.4 Without prejudice to 7.2 our liability to you is limited to the cost of the course of treatment of service.
7.5 For the avoidance of doubt, time shall not be of the essence and We shall incur no liability to You in respect of any Services completed to revised timescales
8.1 No person or entity other than the Client shall have any rights to enforce any of the terms of the Agreement against nurtureHR.
8.2 nurtureHR does not accept any liability under the Agreement to any person or entity other than the Client.
9.1 You agree that nurtureHR may:
9.1.1 Include and publish your name on its testimonials only with your express written permission.
9.1.2 With your permission, publish a testimonial provided by you on the nurtureHR website or promotional material using non-identifiable details i.e. only initials or first name and initial of surname. Your permission will not unreasonably be withheld.
10.1 Any complaints on the provision of services should be raised immediately with nurtureHR by email or telephoning using the website contact page.
10.2 Either party may terminate the agreement by written notice if the other party commits a material breach of the agreement and has failed to remedy the breach within 15 days of a written notice from the other party identifying that the breach has occurred.
11.1 The Agreement shall be governed by and construed in accordance with the laws of Scotland.
11.2 Any dispute arising out of or in connection with the Agreement will be subject to the exclusive jurisdiction of the Scottish Courts.