Pam Edwards trading as Phoenix Rising with Pitch Perfect Presentations

Terms and Conditions

 September 2019

1.  General

For these Terms and Conditions:

a. The Consultant will be Pam Edwards trading as Phoenix Rising with Pitch Perfect Presentations of 44 Wimbledon Road Nottingham NG5 1GU.

b. The Client will be the individual, organisation, group or business that has requested or is the beneficiary of any Services from the Consultant.

c. For Phoenix Rising the service is the provision of Transformational Personal and Business Coaching. For Pitch Perfect Presentations the service is the provision of public speaking and networking training. These two services are jointly called ‘the Services’

2. Obligations of the Client

The Client:

a. Will provide the Consultant with full detailed, accurate information and facts requested or required for the Services to be provided. There must be honest and complete disclosure. Any changes over time must be reported and this obligation will continue until the Services are completed.

b. Accepts that the Services will be provided based on the information provided by them to the Consultant. Any issues arising from the facts not disclosed or inaccurately disclosed to the Consultant shall be their own responsibility.

c. If the Consultant requests further details or documentation in order to progress or complete the Services, the Client will answer such requests as soon as possible and in any event within 14 days of the request.

d. The Client will attend all meetings arranged as part of the Services.

3.The Services

a.For Workshops and Group Events the broad content of the service will be as set out on the Eventbrite or any website of the Consultant but that is for guidance only. If the Client has any questions or requires clarification the Client should contact the Consultant direct.

b.For 121 services the Consultant will arrange a free consultation with the Client to ascertain the Services that are appropriate. An outline of the proposed Services will be supplied together with a quotation setting out the Fee.

c. If a Client wishes to proceed following receipt of a quotation, they will be supplied with a Contract and Invoice. The agreed Services are only as described in the Contract entered between the Consultant and the Client.

d. It is essential that full information is provided to the Consultant at the outset and throughout the provision of the Services.

e. If the Client does not comply with their obligations the Client accepts that this will impact on the standard of Services the Consultant can provide and that any issues arising are the Client’s responsibility.

f. The Consultant reserves the right to amend the content of the Services as is deemed by her appropriate for the optimum result for each Client.

g. For all Services no firm outcomes are guaranteed. The Client will be provided with the tools and guidance the Consultant believes are needed to achieve the outcomes agreed at the outset. However the final outcome is completely dependent on the acts of the Client.

4.Third Party Contractors

a. All Third-Party Contractors will be engaged by the Client directly who will be solely responsible for payment of their fees and charges.

b. The Client must satisfy themselves as to the standard and service to be provided by the Third-Party Contractor as appropriate to their requirements.

c. The Consultant may suggest the use of a Third-Party Contractor in good faith but accepts no responsibility for the work provided as this is strictly an issue between the Client and the Third-Party Contractor.

5.The 121 Meetings

a. Any arranged 121 Meeting (Meeting) can be rearranged twice provided the Consultant is given 48 hours’ notice. If less notice is given, then half the Fee attributable to that Meeting will be payable.

b. If a Meeting is rescheduled more than twice at the request of the Client, the appropriate Fee will be payable. A further Fee will be payable before any rescheduled meeting can take place.

c.If any Meeting is cancelled with less than 48 hours’ notice, then the Fee for that Meeting will be payable.

d.If the Consultant must postpone a Meeting through no fault of her own, she shall have no liability to the Client and will rearrange a further date as soon as possible. The Consultant may send a suitably experienced substitute if thought appropriate but generally any such meeting will be rescheduled.

6.The Fee for a Group or Workshop

a.The Fee will be as set out in Eventbrite or such other advertisement and

will be payable by through Eventbrite. In some cases, an Invoice may be

raised and payment due by PayPal or BACS within seven-days of issue.

b.If a Group or Workshop is booked within seven days of the date of the

event payment of any Invoice is due immediately.

c.If payment is not made within the seven days, the Consultant reserves

the right to resell the booking to another party without any obligation to

the Client.

7.The Fee for Meetings

a.The Fee for a Meeting will be as in the Contract or otherwise agreed and

payment due as set out in the Contract.

b.The Fee will be due within seven days of the Invoice unless agreed

otherwise.

c.For long term Clients it may be agreed that they will pay half of the Fee

upon signing the Contract and the Client will set up a standing order for

payment of the balance in agreed monthly instalment.

d.If any monthly or other payments are not received the Consultant

reserves the right to suspend all Services to the Client until the account is

brought fully up to date. The Consultant may then ask for payment in

advance before proceeding further and in extreme cases will end the

provision of Services without liability if payments are constantly unpaid

on time.

e.The Fee paid for the Services will not include any external advertising or external payments to any other suppliers, or any expenses, unless specifically included in the Contract.

f.Any extra work required over and above the original agreed Services will be an extra charge and the Client will be advised accordingly. It can then be decided if they wish the extra work to proceed.

g.Should any Fee not be paid as above then the Consultant shall 30 days from Invoice have the right to charge interest at 8% above the Bank of England Base Rate until payment is made in full. In addition, a Debt Recovery Fee will be payable in accordance with the current legislation.

8.Intellectual Property including Copyright

a.The Intellectual Property in all written materials including documents, slides or presentations supplied in connection with any Services provided by the Consultant will remain owned by her. They must only be used in connection with the Services provided. They must not be reproduced, copied in any way electronically or otherwise or used in any way not authorised by the Consultant

b.The Consultant will grant the Client an indefinite Licence to use written materials supplied under the Services for the purposes of their personal use or own current business if the Services are supplied to that business.

c.If any materials are found to have been used except in accordance with these Terms and Conditions by the Client or by a Third Party then damages will be payable to the Consultant and the Licence granted to the Clients for their use in their business or personal use shall be immediately revoked. All materials must then be returned to the Consultant or otherwise dealt with as instructed by the Consultant.

9.Confidentiality

a.Any personal information supplied by the Client or information regarding the Client’s business agreed to be Confidential will be kept entirely confidential by the Consultant. It will be used solely for the provision of the Services unless obligated to provide it by law, a court order or any governmental or regulatory authority and not disclosed to any Third Party unless authorised by the Client.

b.The Clients accept that if the Consultant may require input from Third Parties regarding the provision of Services it may be necessary for the Consultant to disclose basic information concerning the Client in order that an accurate quotation or advice can be obtained from such Third Party. How this is dealt with at the time will be discussed and agreed between the parties.

10.General Data Protection Regulation (GDPR)

The Consultant will comply with GDPR and all other Data Protection legislation. They will provide a copy of their Privacy Notice on their websites www.phoenixrisingservices.uk and www.pitchperfectpresentations.co.uk The Consultant will only process data to the extent required to enable her to provide the Services and as necessary to comply with its own legal obligations. The Consultant may contact the Client with details of similar Services and offers in the future as allowed by GDPR.

11.Force Majeure

The Consultant will not be liable for any delay or inability to provide any Services if the delay or inability is due to an Act of God, fire, inclement or exceptional weather, industrial action, hostilities, breakdown, shortage of labour, power or other supplies, closure or issues with any proposed venue, governmental order or intervention or any cause beyond the Consultant’s control. This will include the unavoidable postponement of any workshop, event or Meeting arranged between the parties.

12.Complaints

Any issues should be raised with the Consultant, in writing, within 14 days of the issue arising.

13.Severance

If one or more of these terms are found to be unlawful or otherwise unenforceable that provision will be deemed severed from the remainder of these terms and conditions which will remain valid and enforceable.

14.Liability

a.The Consultant will provide the Services with reasonable care and skill and in accordance with the current laws and regulations.

b.If the Consultant’s performance of her obligations under the Contract for the Services is prevented, delayed or affected by any act or omission of the Client, the Consultant shall not be liable for any costs or losses incurred by the Client that arise directly or indirectly from any such loss or delay.

c.If the Consultant is prevented from completing the Contract agreed for reasons beyond her control, she will complete it as soon as possible without any recompense to the Client or if it will not prove possible to do so within a reasonable time then the Contract shall be terminated.

d.The Consultant will not be liable for any claim for indirect, special or consequential loss, damage, costs, expenses or any loss of profits made by the Client or any Third Party.

e.For Business Clients remedies in respect of any claim against the Consultant shall be limited to the refund of any payment made for the Services.

f.Nothing in these Terms and Conditions will limit or exclude liability for death or personal injury resulting from negligence or any liabilities that may not be excluded by law.

17.Applicable Law

These Terms and Conditions shall be governed by the laws of England.