Terms and Conditions for the Supply of Goods and Services
1 Definitions The following words shall have the following meanings:
1.1 ‘Agreement’ shall mean these ‘Terms and Conditions’ and any other document providing a specification or description of the goods and services supplied. 1.2 ‘Customer’ shall mean a person or organisation purchasing goods or services from the Company.
1.3 ‘Company’ shall mean Future Creation Associates Ltd.
1.4 ‘Delegate’ shall mean a person representing a customer, or being the Customer, and receiving, participating or otherwise benefiting from the goods and services supplied by the Company.
1.5 ‘Intellectual Property Rights’ shall mean all patents, trademarks, copyright, registered and unregistered designs, and know how.
1.6 ‘Goods’ shall mean specific items purchased by the Customer for their Delegates and or Employees.
1.7 ‘Services’ shall mean those Therapeutic Treatments, tasks, responsibilities, duties, etc given in a Specification to meet the requirements of the Customer. 1.8 ‘Specification’ shall mean a document providing detail of the Services and Goods being purchased and provided.
2.1 This Agreement shall apply to all contracts relating to the Supply of Goods and Treatment / Coaching Services provided by the Company.
2.2 Services may be provided on the premises of the Customer or those of a third party by agreement.
2.3 Preparation for the delivery of Services may be undertaken at the offices of the Company, on the premises of the Customer or those of an agreed third party.
2.4 Goods may be delivered using a third party.
2.5 The Customer may not use any of the Intellectual Property, including trademarks, logos, etc of the Company without prior written approval.
3 Delegate Treatment Services
3.1 Provisional bookings to attend a Treatment Service may be made by telephone or email.
3.2 The Customer may make bookings for more than one Delegate, but limited by the capacity of the total number of Delegates that may attend a particular Treatment Service on any given day.
3.3 The Company reserves the right to refuse admittance into a course of Treatment, if preparatory work / taskings have not been completed by the Delegate(s) / Employees and received by the Company at least 2 days prior to the commencement of the particular treatment service Coaching Course.
3.4 The Company reserves the right to improve the Specification of the Treatment / Coaching provided without prior notice to the Customer.
3.5 The Specification will contain information about the date, time, venue and joining arrangements for the booked Treatment Service / Coaching Course. If for any unforeseen circumstance the venue is no longer available, the Company reserves the right to deliver the Treatment Service / Coaching Course at an alternative venue and to advise the Customers Delegate(s) and or Employees as soon as possible.
3.6 The Company reserves the right to postpone and reschedule a treatment service / coaching course if the Company is prevented from providing the Treatment Service / Coaching Course by unforeseen events, including in particular, but not limited to, illness of staff delivering the Treatment Service / Coaching Course.
3.7 In the event of the Company being obliged to postpone or reschedule any Treatment Service / Coaching Course in relation to Clause 3.6, the Customer will be notified as soon as reasonably practicable. The Company in addition will refund in full all monies paid by the Customer, or at the option of the Customer to apply the monies to the rescheduled, or alternative Treatment Service / Coaching Course. The Company shall not be responsible for any additional costs and inconvenience caused to the Customer and or their Delegate(s).
4 Bespoke Coaching Courses & Workforce Development
4.1 The Customer may request the Company to develop a new Coaching Course and or provide individual training & coaching or assist in the development of their workforce.
4.2 Upon the Company accepting such a request the Customer will analyse and determine the requirements for the coaching course, including any associated training & development and together with the Company will jointly prepare and agree a Specification for the course or programme of work.
4.3 In consideration of carrying out the Specification, the Customer agrees to pay the Company the set up costs which shall be payable to the Company, whether or not the Specification (e.g. bespoke Coaching Course) is delivered by the Company.
4.4 If the Specification is delivered by the Company, the provision of clause 6.4 of this Agreement shall apply.
4.5 If the course, training or coaching is delivered on the premises of the Customer, the provision of clause 5 of this Agreement shall apply.
5 Treatment Services at Customer Premises or Customer designated Premises
5.1 By prior arrangement with the Company, and subject to the provisions within this clause, the Company agrees that it will provide Treatment Services / Coaching Services to the Customers Delegate(s) and or their Employees at the premises of the Customer or at the Customers designated Premises for charges set out in this Agreement in clause 6.
5.2 The Company reserves the right to increase the charges in the event that the normal Treatment Service / Coaching Service day is extended beyond the reasonable control of the Company or by request from the Customer.
5.3 The Customer agrees to provide suitable Treatment Service / Coaching Training facilities at their own or at their Designated Premises as agreed in advance with the Company.
5.4 The Customer shall indemnify the Company against loss or damage to the equipment and or the injury or death to Company Delegates and or Company Employees or Company Agents arising out of the use of the equipment under the provision of this clause save where the same is caused by negligence by the Company.
6.1 Upon registering a place on a Customers Employee Coaching Course or for a Customers Delegates Treatment Service, full payment of Coaching or Treatment fees must be received by the Company for each of the Customers Employees or Customers Delegates attending the Coaching / Treatment services at least 10 days prior to the commencement of the course of Coaching / Treatment. An invoice and confirmation of payment will be issued by the Company upon receipt of payment.
6.2 Should the Company not receive timely payments in accord with the plan, the Company reserves the right to receive full payment or to cancel the agreement and apply the cancellation policy as set out in Section 7.
6.3 When Goods or Services have been supplied at a negotiated discounted rate, payment for the full discounted price shall become immediately payable. An invoice and confirmation of payment shall be issued retrospective to payment.
6.4 For bespoke Coaching courses supplied in pursuant of clause 4, the Company will invoice the Customer firstly when the bespoke development work has been completed and secondly, when the Coaching course has been delivered by the Company as per clause 6.1.
6.5 For other Services pursuant in clause 4, clause 5 and clause 6 invoices will be issued in the calendar month during which the Service was delivered.
6.6 Invoiced amounts shall be due and payable within 14 days of the date of issue or as stated on the invoice.
6.7 The Customer may make direct transfer payment to the Company bank account, or by cheque or by credit/debit card.
6.8 If the Customer fails to make any payment when due, the Company reserves the right to levy a late payment charge calculated at the rate of 2.5% per month compound above Bank of England base rate, applicable after as well as before any judgements on the unpaid amount or part thereof. If the customer consistently fails to make payment, the Company reserves the right, without prejudice to other remedies it may have, forthwith to terminate any contractual arrangement.
7 Cancellation, transfer and refunding arrangements .
7.1 Acceptance of these terms and conditions recognises that in the case of treatment or coaching, support from a Company coach / therapist (whether the coach or therapist was contacted) was available from the time of enrolment. The refund policy is based on that support having been available as well as any of the Treatment Service materials / Coaching materials received at the time of booking. If a Customer cancels the Agreement pursuant to Goods or Services related to the provisions of clause 3, clause 4 or clause 5 the following shall apply: a) Pre-treatment / coaching course materials that have been issued cannot be refunded under any circumstance and a charge for the supply of materials will always be made b) Cooling off period: you have 7 days from the time of payment for a Coaching training course to change your mind and receive a full refund, subject to condition 7.1(a) c) Following the cooling off period (see 7.1(b)), any cancellation of the agreement or failure to make payment in accord with a payment plan by the Customer, the Company reserves the right to retain all funds paid to cover the support and administration costs prior to the course. d) At the discretion of the Director of the Company, it may be possible for the Customer to seek to transfer the funds to be applied to another course of treatment / coaching course, rather than cancelling. A transfer fee of 10% +VAT of the full course fee shall become immediately payable. e) If during a Treatment Service or Coaching Training, the Customer decides that continuation of the Treatment / Coaching course is inappropriate (e.g. due to illness or other legitimate reason), provided the matter has been discussed with the Company’s therapist / coach, then at the discretion of the Director of the Company the Customer may be transferred to another suitable Treatment date / Coaching course provided by the Company at no extra charge. f) The Company shall not be liable for the Customer not attending or abandoning their Treatment Service booking / Coaching course, and will not refund fees to any Customer after the completion of the treatment service / coaching course to which the Customers Delegate(s) and or staff were enrolled. g) The Company shall not be liable to refund differences in fees that may arise when Customers make bookings at different times or for discounts negotiated. h) If in the opinion of the Therapist / Coach a Customers Delegate and or Employee has to be excluded from a Treatment Service / Coaching Course training (e.g. for inappropriate / offensive behaviour), the Company will not make any refund.
7.2 If the Company cancels the Agreement, being for actions reasonably in control of the Company, pursuant to Goods or Services related to the provisions of clause 3, clause 4 or clause 5 not being delivered, the following shall apply; a) The Customer will be notified as soon as possible and entitled to a refund of those monies paid and received by the Company, less the cost of pre treatment / pre coaching course materials supplied to the Customers Delegates and or Employees, or b) The Customer shall be offered transfer to an alternative date and / or venue to attend an equivalent treatment service / coaching course. c) The Company shall not be liable for any other costs incurred by the Customer or their Delegates and or the Customers Employees. 7.3 If the Company cancels the Agreement, being for actions outside the control of the Company, pursuant to Goods or Services related to the provisions of clause 3, clause 4 or clause 5 not being delivered, the following shall apply:
a) The Customer will be notified as soon as possible and at the discretion of the Director of the Company shall be offered transfer to an alternative date and / or venue to attend an equivalent treatment service / coaching course. b) The Company shall not be liable for any other costs incurred by the Customer, their Delegate(s) and or the Customers Employees.
8 Delivery of Goods
8.1 The Company shall dispatch treatment materials / coaching materials (Goods) upon receipt of payment, to the Customer or their nominated delegate(s) and or employees, and not to any other third parties.
8.2 The Company may dispatch the Goods using a third party.
8.3 The Company will not accept any liability for the late delivery of Goods or if the Goods were damaged during delivery.
8.4 The Company will not accept any liability for Goods not being delivered for reasons outside of the control of the Company.
8.5 The Company warrants that the Goods will be in good order at the time of dispatch.
8.6 The Customer will notify the Company if the Goods are not received within 7 days of the expected delivery date.
8.7 The Customer shall notify the Company of any defects in the Goods supplied within 7 days of receipt.
9 Warranty and Limitation of Liability
9.1 The Treatment / Coaching Goods and Services provided under this Agreement are at the Customer’s request.
9.2 The Customer accepts responsibility for verifying that the Specification, Goods and Services are suitable for the requirements of the Customer or their Delegate(s) and or the Customers Employees.
9.3 The Company will use all reasonable skill and care in the preparation, presentation and delivery of the Specification supplied. All other conditions, warranties, guarantees and representations whether express or implied, statutory or otherwise are excluded.
9.4 Other than specified in this clause, the Company liability for loss and damage whether arising in contract, tort or otherwise, shall be limited to a claim for damages. The maximum aggregate liability for the Company will be the charges for the Goods and Services out of which the damage has arisen.
9.5 The Company will not be liable for indirect, special or consequential loss (including loss of anticipated profit or data) howsoever arising, even if the Company has been advised of such a potential loss.
9.6 No action regardless of form arising out of the provision of Goods and Services under this Agreement may be brought by either party more than two years after the cause of the action has been accrued.
10 Intellectual Property
10.1 The copyright and all other Intellectual Property Rights in all materials used to supply the Goods and Services shall remain the sole and exclusive property of the Company.
10.2 The Customer agrees not to copy, or permit the copying of all materials supplied as Goods and Services, nor disclose or permit the disclosure or sell or hire the same to third parties, nor use the same for running similar Services provided by the Customer unless the express and written permission of the Company is gained.
11 Times of Treatment Services / Coaching Courses
11.1 The Company shall normally provide Goods and Services between the hours of 09.00 to 17.30 Monday to Friday, excepting public holidays.
11.2 The Company will also provide Goods and Services at times as agreed in the Specification.
11.3 The Company will also provide Goods and Services to Customers Delegates and or Employees at times and days outside the scope of (11.1) when specifically requested, negotiated and agreed by the Company & the Customer, there will be an additional cost element to this which would be negotiated and agreed with the Customer at the time of request / agreement.
12 Governing Law & Jurisdiction
12.1 This Agreement shall be governed and construed in accordance with the laws of England & Wales.
12.2 Modifications to the policy may be made, and the current version shall be that published on this website.