Terms & Conditions
NANCY FLORENCE – ONLINE COACHING TERMS
I am so pleased you have decided to use my services or resources - please read the following important terms and conditions before you commit to using them.
This contract sets out:
your legal rights and responsibilities;
my legal rights and responsibilities; and
certain key information required by law.
The intention is that it will bring clarity to our relationship, protect both of us and take care of the business side of things so that we can get on with the inspiring part! Please let me know if there are any clauses that you do not understand or that contradict your understanding of my services.
In this contract:
‘I’, ‘me’ or ‘my’ means Nancy Florence; and
‘You’ or ‘your’ means the person buying or using my services and resources.
If you would like to speak to me about any aspect of this contract, please contact me by e-mail at email@example.com
I am a coach and BACP Accredited Psychotherapist.
I am a sole trader, my name is Nancy Ajavon trading as ‘Nancy Florence’ and my trading address is 30 Weir Hall Avenue, London N18 1EB.
1.1. If you buy coaching services from me (‘services’) you agree to be legally bound by this contract.
1.2. If you use any of my free resources (for example podcasts, workbooks, discovery sessions or any other resources I may offer free of charge from time to time) you also agree to be legally bound by this contract as appropriate, excluding the clauses relating to payment and consumer rights legislation.
1.3. When buying any services or using any resources you also agree to be legally bound by:
1.3.2. extra terms which may add to, or replace, some of this contract, for example any specific written contract between us;
1.3.3. specific terms which apply to my services, for example programme or service descriptions which are set out on the webpage for that programme or in email correspondence between us. If you want to see these specific terms, please visit the relevant webpage for the programme or look at the services description I have sent you in an email or request it from me.
All these documents form part of this contract as though set out in full here.
2. Information I give you
2.1. Certain sections of this contract only apply to you and me if you are a ‘consumer’, that is if you are an individual acting for purposes wholly or mainly outside your business or profession. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that I must give you certain key information before a legally binding contract of sale between you and me is made (see the summary box below). I shall give you this information in a clear and understandable way either in this contract or the relevant programme or service description.
Information I shall give you
I shall give you information on:
the main characteristics of the services you want to buy
who I am, where I am based and how you can contact me
the total price of the services
the arrangements for payment, carrying out the services and the time by which I shall carry out the services
how to exercise your right to cancel the contract
my complaint handling policy
3. Ordering services from me
3.1. Below, I set out how a legally binding contract to buy services between you and me is made:
3.2. You place an order either on the site by clicking on the relevant paypal or transferwise link or I shall send you the link by email or by bank transfer.
3.2.1. When you place your order at the end of the online checkout process by clicking on the paypal link on my site, or by clicking on the paypal link I send to you by email, I shall acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
3.2.2. Any quotation given by me before you make an order for services is not a binding offer by me to supply such services. Any prices set out in a quotation remain valid for 30 days.
3.2.3. When you decide to place an order for services with me, this is when you offer to buy the services.
3.2.4. I may contact you to say that I do not accept your order, for example if I do not think my services are right for you or there has been a mistake in the pricing or description of the services, or my circumstances have changed since I gave you the quotation for the services .
3.2.5. I shall only accept your order when I confirm this to you by sending you a confirmation email. At this point:
a. A legally binding contract will be in place between you and me, and
b. I shall start to carry out the services as set out in the programme description on this website or in a services description agreed between us.
4. Carrying out the services
4.1. Where you buy services from me and you are a consumer, you have protection under consumer rights legislation, including that the services must be carried out with reasonable care and skill.
4.2. I shall carry out the services within the time period which is set out in the programme description.
4.3. All coaching sessions (including rearranged sessions) must be taken within the timeframe specified in the programme description or services description or they will expire. In the case of my 3 month programme, all coaching sessions must be taken on a weekly basis within 3 months of the first session, and in the case of my 6 month programme, all coaching sessions must be taken on a weekly basis within 6 months of the first session, unless:
4.3.1. a session falls on a Bank Holiday in which case we shall agree on a suitable date to reschedule that session; or
4.3.2. a session falls during either your or my annual leave, in which case we shall give each other at least one week’s notice in writing and agree on a suitable date to reschedule that session.
4.4. In addition to sessions which are rescheduled under 4.3.1 or 4.3.2, you can rearrange any two coaching sessions during a coaching programme providing you give me at least 48 hours’ notice. If you give me less than 48 hours’ notice, fail to turn up for a session or have already rearranged 2 sessions in a coaching programme, unless I agree otherwise with you in advance, you will be deemed to have taken the session and you will not be able to reschedule it or entitled to any compensation for missing it.
4.5. For sessions which are not part of a 12 week programme, you must give me at least 48 hours’ notice of cancellation otherwise the full rate is payable for that session.
4.6. With the exception of 1-day VIP intensives, which often take place face to face, all sessions take place remotely via the means of communication agreed with you in advance. There may be an additional charge for face to face meetings.
4.7. My carrying out of the services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but I shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include internet failure or other IT problems, if I am ill or if you change the services you require from me and I have to do extra preparation.
4.8. I may use third parties in supplying some of my services to you. For example, my VIP days may include spa treatments, meals and other special treats provided by carefully chosen third parties. You acknowledge that I ordinarily contract with these third parties on their normal terms of business which may not be entirely consistent with this agreement. If any delay or failure by a third party properly to provide subcontracted services causes a delay or failure in my performance of this agreement, it is agreed that:
4.8.1. I shall use all reasonable endeavors to apply for your benefit all practicable rights or remedies available from the relevant third party; and
4.8.2. except to the extent the delay or failure is caused by a failure to use my best care and skill in the management or selection of a third party, I shall not be in breach of this agreement and shall have no liability to you arising out of any such failure.
5. Your responsibilities
5.1 You will pay the price for the services in accordance with the programme description.
5.2 You will provide me with such information and assistance (and ensure that any information is complete and accurate) as I reasonably need to provide the services.
5.3 Coaching is not therapy or counselling. It may involve all areas of your life, including work, finances, relationships and education. You acknowledge that deciding how to handle these issues, the choices you make in relation to them and whether or not you follow through on any agreed action is exclusively your responsibility. For this reason, although I fully expect great things to happen, I cannot guarantee any specific outcomes or that all clients will achieve the same results.
5.4 My role is to offer you guidance and accountability and help you make positive lifestyle and business changes in order to make progress towards your goals. The information I provide to you is not medical advice and is not intended to take the place of seeing licensed health professionals.
5.5 Coaching does not treat mental disorders and is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or medical treatment of any kind. By entering into this agreement you confirm that you will not use it in place of any form of therapy.
5.6 If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of working with a coach and that this person is aware of and supports your decision to proceed with the coaching programme described in the relevant programme or services description.
5.7 You will keep me informed of any changes to your medical health or personal circumstances.
6. Charges and payment
6.1 The price for the services is set out in the programme description.
6.2 Usually I require full payment in advance to provide the services. The fees are non-refundable except for:
6.2.1 where I cancel a programme other than under 13.3 below, you are entitled to a partial refund for sessions which you have paid for in advance and which you have not received; and
6.2.2 if you are a consumer, your right to a ‘cooling off’ period as described below.
6.3 Payment is via the ‘pay now’ button on this website or as agreed between us.
6.4 Usually I require payment in full in advance but I may agree to payment by instalments, in which case a supplementary fee may be chargeable. If I agree to accept payment by instalments and you fail to make any of the instalment payments on the due date then I shall invoice you immediately for the whole of the outstanding balance and payment for that invoice will be due by return.
6.5 If any payments are not paid on the due date, I may charge interest on any balance outstanding at the rate of 4 percentage points a year above Lloyds TSB Bank plc's base rate.
7. Right to cancel this contract for consumers
7.1 If you are a consumer and you buy services from me you have the right to cancel this contract within 14 days without giving any reason. You are a consumer if you are an individual acting for purposes which are wholly or mainly outside your business.
7.2 The cancellation period will expire 14 days after the commencement of the contract.
7.3 However, if you confirm to me you wish me to start to provide the services during the 14 day cancellation period then you lose your right to cancel.
7.4 Following confirmation from you under 7.3, if you start a programme during the cancellation period and subsequently decide that you do not wish to proceed with the sessions, I am not able to refund to you any of the payments you have made as payment is for the programme as a whole and not for individual sessions. This is a reflection of the amount of preparation I need to put into the programme to make it most effective for you and the amount of time I shall dedicate and set aside for preparing for and attending our sessions together. This policy also helps you with your own accountability and commitment to improving your life and your business through the services.
8. Effects of cancellation
8.1. If you are a consumer and you cancel this contract in accordance with the cooling off period in clause 7.1, I shall reimburse to you all payments received from you except where I am allowed to keep such payments, for example where I have started carrying out the services within the 14–day cancellation period.
8.2. I shall make the reimbursement promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise.
9. Intellectual property
If I provide you with any materials during the services, whether digital or printed, any intellectual property in those materials belongs to me and unless we agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.
10. How I may use your personal information
10.1 I shall use the personal information you give to me to:
10.1.1 provide the services;
10.1.2 process your payment for the services; and
10.1.3 inform you about any similar products and services that I provide, though you may stop receiving this information at any time by contacting me.
10.2 All information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others.
10.3 I shall not give your personal information to any third party unless you agree to it.
It is my mission to help as many working mums as I can. If you are pleased with the coaching you have received from me, I ask you to introduce me by email to 2 people you know who you think would benefit from my support. By way of a thank you, if you introduce me to someone who is not already on one of my mailing lists or in my Facebook group, and they sign up to one of my coaching programmes, I shall pay you a referral fee of 5% of the fee for the initial coaching programme they sign up to. I shall pay you the referral fee as soon as I have received payment in full and in cleared funds from the new client.
12. Resolving problems
12.1 In the unlikely event that there is a problem with the services, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.
12.2 I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.
12.3 If you are buying services from me nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
13. End of the contract
13.1 If a programme or services description specifies a length of time for services to be provided, then subject to clause 12.2 below, the services will terminate at the end of that timeframe.
13.2 If I provide services to you on an ongoing basis and the relevant programme or services description does not specify a timeframe then either you or I may terminate the services by one month’s written notice to each other.
13.3 Either you or I may terminate the services and this contract immediately if:
13.3.1 the other party commits any material breach of the terms of this contract and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that this contract will be terminated if the breach is not resolved; or
13.3.2 the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
13.4 If this contract is ended it will not affect my right to receive any money which you owe to me under this contract.
14. Limit on my responsibility to you
14.1 Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible for any:
14.1.1 losses that:
a. were not foreseeable to you and me when the contract was formed
b. that were not caused by any breach of these terms on my part
14.1.2 business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.
14.2 My total liability to you is limited to the amount of fees, if any, paid by you for the services.
15.1 I shall try to resolve any disputes with you quickly and efficiently.
15.2 If you and I cannot resolve a dispute using our internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.
15.3 The law of England and Wales will apply to this contract.
16. Third party rights
16.1 No one other than a party to this contract has any right to enforce any term of this contract
17. Entire Agreement
17.1 If you are not a consumer, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of me which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.