- These terms
1.1 What these terms cover. These are the terms and conditions on which we supply services to you. The services detailed in these terms and conditions include the Enlightenment Programme.
1.2 Why you should read them. Please read these terms carefully before you purchase your service. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Coaching with Eileen, a sole trader in England and Wales. Our email address is firstname.lastname@example.org and postal address postal address: Unit 49892, PO Box 15113, Birmingham, B2 2NJ. Our registered VAT number is 294135493.
2.2 How to contact us. You can contact us by writing to us at email@example.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when you purchased a service.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your purchase. Our acceptance of your purchase will take place when the payment for your purchase is taken, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your purchase. If we are unable to accept your purchase, we will inform you of this in writing and will not charge you for the service. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the service or because we are unable to meet a delivery deadline you have specified.
4. Your rights to make changes
If you wish to make a change to the service you have purchased, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7- Your rights to end the Contract).
5. Our rights to make changes
5.1 Minor changes to the services. We may change the services, if we do so we will notify you:
a) to reflect changes in relevant laws and regulatory requirements;
b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the service;
c) Content being taught;
d) Date/time of Enlightenment Programme calls;
e) Venue change. Or a change from a physical venue to holding the services online.
6. Providing the services
6.1 When we will provide the services. We will supply the services to you from the date set out in the purchase, for the time period set out in the purchase or until either you end the contract for the services as described in clause 7 or we end the contract by written notice to you as described in clause 9.
a) The Enlightenment Programme is an ongoing service. We will supply the services to you until either the services are completed or the subscription expires or you end the contract as described in clause 7 or we end the contract by written notice to you as described in clause 9.
b) Digital Content. We will make the digital content available for download by you as soon as possible. This will usually be within two days of the Online Class/Group completion.
6.2 We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
6.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you, for example, name, address, email address, telephone number. This will have been stated in the order process. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and clause 2 will apply). We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.5 Reasons we may suspend the supply of services to you. We may have to suspend the supply of a service to:
a) deal with technical problems or make minor technical changes;
b) update the service to reflect changes in relevant laws and regulatory requirements;
c) make changes to the service as requested by you or notified by us to you (see clause 5).
6.6 Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending the service.
6.7 We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 11.4) and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see clause 11.6). We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 11.5).
7. Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
a) If what you have bought is misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back), see clause 10;
b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.4
c) If you have just changed your mind about the service, see clause 7.2. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.5.
7.2 7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
a) we have told you about an upcoming change to the service or these terms which you do not agree to (see clause 5.2);
b) we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed;
c) there is a risk that delivery of the service may be significantly delayed because of events outside our control;
d) you have a legal right to end the contract because of something we have done wrong.
7.3 If you want to end the contract without a good reason.If you are not ending the contract for one of the reasons set out in clause 7.2, you may either:
a) Swap the service to The 121 Coaching Programme. You may be entitled to a partial refund or you may need to pay more for The 121 Coaching Programme. The difference in price between the two programmes will be explained to you in writing. OR
b) The minimum commitment period before you can end your contract with the Enlightenment Group Programme is three months. After that three months, you can end the contract but the contract will not end until 30 days after the day on which you contact us. For example, if you tell us you want to end the contract on 4 February the services will stop on 3 March. We will only charge you for services up to 3 March and will refund any sums you have paid in advance for services after 3 March. You will also be charged an admin fee 20% of the total amount of payments left of the 12 month programme. For example, if you initially commit to the 12 month Enlightenment Programme with a monthly subscription of £200 but wish to end the contract after 3 months. You will not have to pay for the remaining 9 months but you will have to pay an admin fee of £360.
7.4 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.5 When you don’t have the right to change your mind.You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running.
a) digital products after you have started to download or stream these;
b)services, once these have been completed, even if the cancellation period is still running.
7.6 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
a) Enlightenment Programme. You have 14 days after the first payment is taken. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
b) Digital content that has been download or streamed. You have 14 days after the day the first payment is taken, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
8. How to end the contract with us (including if you have changed your mind)
Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at firstname.lastname@example.org.
8.1 How we will refund you. We will refund you the price you paid for the services, by the method you used for payment.
8.2 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a service at any time by writing to you if:
a) you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, email address, phone number;
c) you display inappropriate behaviour and/or are not behaving in accordance to coaching guidelines.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for services we have not provided and we may deduct or charge you £30 as compensation for the net costs we will incur as a result of your breaking the contract.
10. If there is a problem with the service
10.1 How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can write to us at email@example.com
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights. We recommend you review the Consumer Contracts Regulations (2013) or see the Citizens Advice website www.adviceguide.org for detailed information regarding your key legal rights.
11. Price and payment
11.1 Where to find the price for the service. The price of the service (which includes VAT) will be the price indicated on the email when you purchase the product. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the service you purchase.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your purchase date and the date we supply the service, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.
11.3 When you must pay and how you must pay. We accept payment via Stripe and GoCardless. You must pay the monthly subscription fee indicated on the email when you purchased the product. Or, you can pay the full amount in advance of the services being delivered to you. This will be agreed in advance of agreeing to the contract.
If you require an invoice, we will invoice you for the price of the services when we have completed them. Payment options can be discussed with us by emailing firstname.lastname@example.org.
11.4 We can charge interest if you pay late. If you do not make any payment to us by the due date (See clause 11.3) we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England. This interest shall accrue on a weekly basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, and for defective products under the Consumer Protection Act 1987.
12.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by keeping your device(a) system up-to-date and having anti-virus software to protect your device (s).
13. How we may use your personal information
14. Other important terms
14.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products/services, we can still require you to make the payment at a later date.
14.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
N.B.Enlightenment Programme Terms & Conditions. If you have not purchased the Enlightenment Programme but have purchased the 121 Coaching Clients, Live Workshops (on premises), or the Play A Bigger Game Mindset Retreat, please see the Terms & Conditions here.