TERMS AND CONDITIONS
Application and entire agreement
1. These Terms and Conditions apply to the provision of the services as booked through this site (Services) by BUGT Ltd a company registered in England and Wales under number 12331031 whose registered office is at 8 Pares Way, Ockbrook DE72 3TJ (we or us or Service Provider) to the person buying the services (you or Customer).
2. You are deemed to have accepted these Terms and Conditions when you complete booking of any session through this site for the Services and these Terms and Conditions are the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Interpretation
4. A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
6. Words imparting the singular number shall include the plural and vice-versa.
Services
7. 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.
8. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
9. 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.
Coach-Client relationship
10. 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.
Your obligations
11. You must obtain any permissions, consents, licences or otherwise that we need and must give us access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
12. If you do not comply with clause 10, we can terminate the Services.
13. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your Obligations).
Procedure
14. Coaching sessions will be delivered on-line over video conference.
15. 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.
Session cancellation and amendment
16. Either party can rearranged or cancel coaching sessions through the booking site (10to8.com) using the links in the booking confirmation emails, providing there is more than 24 hours before the session begins.
17. We assume you plan to re-schedule any cancelled session. However, you can request a refund for any session cancelled within the cancellation policy using the contact details in the invoice.
18. Refunds, where applicable under this policy, will be issued following these rules:
a. For individually booked sessions, the sessions are refunded in full at that sessions paid rate.
b. For multi-session bookings, requesting a refund requires the cancellation of all future session. The value of Services provided under the Contract at the undiscounted rate (shown on the invoice) will be deducted from the total paid, with the balance 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. The value of services provided is 5 x £100 = £500. They will receive a £300 refund (being £800 paid - £500 used).
Payment
19. Time for payment shall be of the essence of the Contract.
20. No services will be provided without full prior payment being made.
21. 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.
22. Receipts for payment will be issued by us only at your request.
23. All payments must be made in GBP unless otherwise agreed in writing between us.
Termination
24. 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. 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
d. 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
e. 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.
Confidentiality
25. 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.
26. 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.
27. We agree not to disclose any information pertaining to you without your written consent.
28. We will not disclose your name as a reference without your consent.
29. Confidential Information does not include information that:
f. was in our possession prior to its being furnished by you;
g. is generally known to the public or in your industry;
h. is obtained by us from a third party, without breach of any obligation to the you;
i. is independently developed by us without use of or reference to your confidential information;
j. we are required by statute or by court order to disclose;
k. 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;
l. involves illegal activity.
30. You also acknowledge your continuing obligation to raise any confidentiality questions or concerns with us in a timely manner.
Intellectual property
31. We reserve all copyright and any other intellectual property rights which may subsist in any services supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Release of Information
32. 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.
33. 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.
Liability and indemnity
34. 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.
35. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
36. 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.
37. 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.
38. 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
39. 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.
40. 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.
41. For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processing’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
42. 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.
43. 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.
44. 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.
45. 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: data.controller@bugt.co.uk
Circumstances beyond a party’s control
46. 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
47. 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).
48. Notices shall be deemed to have been duly given:
f. When delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
g. When sent, if transmitted by fax or email and a successful transmissions report or return receipt is generated;
h. On the fifth business day following the mailing, if mailed by national ordinary mail; or
i. On the tenth business day following mailing, if mailed by airmail.
49. 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.
No waiver
50. 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
51. 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
52. 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.
