Terms and Conditions

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Terms & Conditions

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These terms

1. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.

2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

Information about us and how to contact us

3. thisMikeCole is a trading name of BUGT Ltd, a company registered in England and Wales under number 12331031 whose registered office is at Long Eaton Hub, 2nd Floor, 1 Union Street, Long Eaton NG10 1HH.

4. You can contact us by emailing support@thismikecole.com.

5. When we use the words “writing” or “written” in these terms, this includes emails.

Our contract with you

6. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

7. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

8. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

Our Products and Services

9. We warrant that we will use reasonable skill and care in our performance of the Services, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.

10. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.

11. Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach (us) and the Client (you) in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.

12. We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

13. In addition, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

Coach-Client relationship

14. A key part of this is the Coach-Client relationship:

a. We agree to maintain the ethics and standards of behaviour established by the International Coach Federation “(ICF)”. We recommend you review this: www.coachfederation.org/ethics.
b. You are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising or resulting from the coaching relationship. As such, you agree that we will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the Services we provide. You understand coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
c. You may terminate or discontinue the coaching relationship at any time.
d. You acknowledge that coaching is a comprehensive process that may involve different areas of your life, including work, finances, health, relationships, education and recreation. You agree that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively your responsibility.
e. You acknowledge that coaching does not involve the diagnosis or treatment of mental disorders and that coaching is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals.

i. You accept it is your exclusive responsibility to seek such independent professional guidance as needed.
ii. If you are or become under the care of a mental health professional during, it is recommended that you promptly inform the mental health care provider of the nature and extent of the Services.

f. You agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
Confidentiality

15. Each party undertakes that this coaching relationship, as well as all information (documented or verbal) that is shared between both parties during this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics.

16. Please note the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege.

17. We agree not to disclose any information pertaining to you without your written consent.

18. We will not disclose your name as a reference without your consent.

19. Confidential Information does not include information that:

a. was in our possession prior to its being furnished by you;
b. is generally known to the public or in your industry;
c. is obtained by us from a third party, without breach of any obligation to the you;
d. is independently developed by us without use of or reference to your confidential information;
e. we are required by statute or by court order to disclose;
f. is disclosed to us and as a result of such disclosure we reasonably believe there to be an imminent or likely risk of danger or harm to you or others;
g. involves illegal activity.

20. You also acknowledge your continuing obligation to raise any confidentiality questions or concerns with us in a timely manner.

Intellectual property

21. We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Service and all content within the Service and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Service or the content of the Service to you or to any other person.

22. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials contained in the Service.

23. We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content of the Service for the purposes for which the Service were provided only.

24. Except as set out in paragraph 23, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.

25. You may not without our prior written consent make any audio or visual recordings of any part of our Service.

26. We may from time to time record the Service being delivered during your attendance.  You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent.

27. You acknowledge that certain information contained in the Service and Service materials is already in the public domain.

28. You are not permitted to sell or promote products or services to other participants in the Service at or during any part of our Service without our prior written permission.

29. The provisions of this paragraphs 21 to 29  shall survive termination of the Contract.

Release of Information

30. We engage in training and continuing education pursuing and/or maintaining ICF (International Coach Federation) Credentials. That process requires the names and contact information of all Clients for possible verification by the ICF. By accepting this agreement, you agree to have only your name, contact information and start and end dates of coaching shared with ICF staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship, no personal notes will be shared.

31. According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.

Coaching sessions – booking, rescheduling, cancelling

32. Coaching sessions will be delivered online over video conference.

33. You take the responsibility to book in appointments, using the booking link provided in the invoice. This shows our availability and allows you to book a mutually suitable time.

34. Either party can rearrange or cancel 1:1 coaching sessions through the booking site (10to8.com) using the links in the booking confirmation emails, providing there is more than 48 hours before the session begins.

35. We assume you will rearrange any cancelled coaching sessions at your earliest convenience.

Refunds

36. If you are a consumer as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel the order up to 14 calendar days after the day on which the contract is entered into (the Cancellation Period). You do not need to give us, the Service Provider, any reason for cancelling the contract will you have to pay any penalty (unless we have begun the Services within the Cancellation Period in accordance with clause 37.)

37. If you schedule the Services to begin within the Cancellation Period, your right to cancel continues until either the end of the Cancellation Period, or the completion of the Services, whichever is the earlier. However, if you cancel during the Cancellation Period we may charge you for any Services provided up until the point when we receive your cancellation notice, and will provide a partial and proportionate refund accordingly. Your right to cancel the services will no longer apply once the services have been fully performed.

38. You may request a refund for 1:1 coaching sessions cancelled in accordance with clause 34, by contacting us using the contact details provided in clause 4. These refunds are calculated as follows:

a. Any undiscounted 1:1 sessions are refunded in full at the paid per session rate.
b. For discounted or multi-session 1:1 bookings, you must have cancelled all future sessions in accordance with clause34. We calculate the cost of work performed using undiscounted rates and applied to your account. Any remaining balance is then refunded.

i. For example: A client accepts and pays £800 for 10x £100/hr sessions, receiving a 20% multi-session discount. They use 5 sessions and cancel the rest in accordance of clause 26. The value of services provided is 5 x £100 = £500. They will receive a £300 refund (being £800 paid less £500 used).

c. Clause 34 excludes 1:1 coaching sessions that form part of a programme, course or product (e.g. Motivational Maps).

39. Programmes, courses and products (e.g. Motivational Maps) cannot be refunded once started, except as defined under clause 37.

Providing the products

40. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

41. We may need certain information from you so that we can supply the products to you. If so, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

42. If you have any questions or complaints about any products or services, please contact us using the details laid out in these Terms & Conditions.

Price and payment

43. Time for payment shall be of the essence of the Contract.

44. The total price payable for the Service is as set out on the order form. You may make payment via the methods that are specified on the order form. Where the payments are stated on the order form to be made in instalments or are recurring payments, you agree that we may take these payments automatically without any further consent or notice from you.

45. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

46. Receipts for payment will be issued by us only at your request.

47. All payments must be made in GBP unless otherwise agreed in writing between us.

48. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

49. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

50. If you think an invoice is wrong please contact us promptly to let us know.

Termination

51. We can terminate the provision of the Services immediately if you:

a. Commit a material breach of your obligation under these Terms and Conditions; or
b. Fail to pay any amount due under the Contract on the due date for payment; or
c. Fail to provide information required for the delivery of services purchased; or
d. Are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
e. Enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is make with its creditors; or
f. Convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.

Liability and indemnity

52. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.

53. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.

54. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provisions of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:

a. Any indirect, special or consequential loss, damage, costs, or expenses or;
b. Any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
c. Any failure to perform any of our obligations if such a delay or failure is due to any cause beyond our reasonable control; or
d. Any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e. Any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.

55. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.

56. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

Data Protection

57. When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.

58. The parties agree that where such processing of personal data takes place, the Customer shall be the ‘data controller’ and the Service Provider shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.

59. For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processing’ and ‘Data Subject’ shall have the same meaning as in the GDPR.

60. The Service Provider shall only Process Personal Data to the extent reasonable required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retina any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.

61. The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict ‘need-to-know’ basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.

62. The Service Provider shall implement and maintain technical and organisation security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.

63. Further information about the Service Provider’s approach to data protection are specified in its Data Protection Policy. For any enquiries or complaints regarding data privacy, you can email: support@thismikecole.com.

Circumstances beyond a party’s control

64. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.

Communications

65. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

66. Notices shall be deemed to have been duly given:

a. When delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
b. When sent, if transmitted by fax or email and a successful transmissions report or return receipt is generated;
c. On the fifth business day following the mailing, if mailed by national ordinary mail; or
d. On the tenth business day following mailing, if mailed by airmail.

67. All notices under these Terms and Conditions must be address to the most recent address, email address or fax number notified to the other party.

Interpretation

68. A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.

69. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.

70. Words imparting the singular number shall include the plural and vice-versa.

No waiver

71. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any right, or remedy.

Severance

72. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and jurisdiction

73. The Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

 

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