Terms & Conditions
1. Confidentiality
CoachDoc guarantees that the work we do with you is confidential and that we will not discuss the work with any other consulting practices or with other clients.
We value the fact that our relationships with clients tend to be long-term; we will not undertake work with your direct competitors during the foreseeable life of our relationship with you. If we foresee any conflict of interest before or during the work, we will raise it with you.
2. Payment
Fees quoted are exclusive of value added tax or taxes which will be charged where appropriate and applicable at the date of the invoice.
Unless otherwise agreed between us in advance, payment in consideration of the services rendered, will be 28 days of us rendering an invoice (without demand, deduction or set off).
Our fees do not include expenses or other disbursements unless we specifically agree this with you. Our fees do not include the hire of accommodation, food or equipment and it is generally easy if such bookings are made and paid direct by you. Our fees do not include consumables such as psychometric instruments, 360-degree feedback reports and books.
We shall be entitled to interest on any part of the invoices not paid by the due date until payment at a rate of 2% per month, and we shall also, without prejudice to any other remedy available to us, be entitled to suspend further work until payment in full of all outstanding invoices.
3. Copyright
The materials that we use in our work belong to us unless we otherwise agree or specify in writing. Copyright in any drawings or design or any material prepared by us is vested in us.
4. Cancellation
You may wish to cancel before any services are provided and/or delivered by us. Where such cancellation is made between two to four weeks ahead of the date upon which we are due to provide and/or deliver any services, (for example, coaching sessions, training or interviews etc.) our fees will be charged at 50% and at full rate if within two weeks, unless we are able to use the time with another client. Where a cancellation renders abortive preparatory work done or expenditure incurred by us to meet your requirements, a fair and reasonable cancellation charge shall also be payable.
5. Termination
The following obligations are conditions of this agreement and any breach of them shall be deemed a fundamental breach, which shall determine this agreement immediately, and the rights and liabilities of the parties shall then be determined in accordance with Clause 7:
Failure on the part of the client to make punctual payment of all sums due to us under the contract.
Failure on our part to observe any obligations under the contract
The levying of any distress or execution against the client or the making by him of any composition or arrangement with the creditors or being a company the client’s liquidation.
Any act by you, which prejudices our copyright in all the materials or designs or drawings.
6. Termination Consequences
In the case of a termination of the contract whether by breach or otherwise we shall be entitled to:
All arrears of sums due under any invoices rendered to the client and any other sums due under the terms of the contract.
A reasonable sum for any work carried out by us prior to termination together with a reasonable profit thereof and the uncompleted portion of the contract. Any termination of this agreement howsoever caused shall not affect any rights or liability to which has accrued prior to the date of termination. The exercise by us of our right of termination under this clause shall be without prejudice to any right to damages or other remedy which we may have whether under this agreement or otherwise. Any previous waiver of our rights shall not affect our right of termination.
7. Variation
This contract may be amended or modified in whole or in part by an agreement in writing executed in the same manner and by the same parties in this contract.
8. Transfer
This agreement shall not be assigned nor transferred by either party except with the written consent of the other.
9. Waiver
The waiver by us in insisting in any one or more instances upon the performances of any provisions in this contract shall not be construed as a waiver or a relinquishment of our rights to future performance of such provisions and your obligations in respect of such performance shall continue in full force and effect.
10. Miscellaneous
In these conditions ‘us’ ‘our’ and ‘we’ means CoachDoc, and ‘you’ ‘your’ and ‘client(s)’ (etc.) shall be references to any other party with whom we contract and which shall include your employees and/or agents. Any contract formed between us and the client herein under is called ‘the contract’.
These conditions apply to all contracts for the supply of materials or services by us unless otherwise expressly agreed in writing by one of our directors.
Any quotation by us for services provided is not an offer; such offer is issued subject to our acceptance of your order for services. The placing of your order together with our acceptance shall be deemed as an acceptance of these conditions and shall override any other terms and conditions stipulated by you. Unless otherwise specifically stated in our quotation or our acceptance of your order, no warranty description, condition, statement or representation made or contained in any literature supplied by us or in negotiations whether oral or written shall be included in the contract.
Any notice to be given by either party to the other shall be delivered in writing to the registered office or last known address of the addressee and shall be deemed to have been delivered 72 hours after posting.
These conditions in each and every contract made shall be governed and construed in all respects in accordance with the laws of England and the client agrees to submit to the the jurisdiction of the English Courts.