TERMS AND CONDITIONS
Power To Speak
TERMS AND CONDITIONS OF BUSINESS
1 About Power To Speak and Our Products and Services
Power To Speak provides public speaking and content coaching services. These Terms, along with any documents or other processes referred to in them, set out the basis on which these products and services are provided. We will not provide any products or services to you until you have confirmed that you agree to be bound by these Terms.
We reserve the right to make changes to these Terms at any time. If we do so and at that time we are continuing to provide any services to you, we will notify you that our Terms have changed and provide you with a copy of the updated Terms. If you do not accept our new Terms you will need to let us know within fourteen (14) days, and if you do not do so you will be deemed to have accepted those new Terms.
We advise that you print and retain a copy of these Terms for your future reference.
In these Terms, references to “Power To Speak”; “we”; “us”; and “our” are references to Power To Speak, 5 Wellingtonia Gardens, Hordle, Hampshire, SO41 0DD.
References to “you” are to you, a client or prospective client of Power To Speak, and the term “your” shall be construed accordingly.
In addition to the definitions identified above, the following terms have the following meanings:
“Confidential Information” means all information, whether technical or commercial including without limitation all specifications, drawings and designs, whether disclosed in writing, on disc, orally or by inspection of documents or during discussions between you and us, where the information is (a) identified as confidential at the time of disclosure; or (b) ought reasonably to be considered confidential given the nature of the information or the circumstances of disclosure.
“Delivery” means delivery of a coaching services, and the term “Deliver” shall be construed accordingly. Please refer to section 4 – Timescales and Delivery of Services– for more details.
“Fees” means the fees payable in respect of the Package you choose, and also includes any additional costs that we invoice to you in accordance with these Terms.
“Order” means an order by you for any of our Packages.
“Package(s)” means the Coaching package(s) on offer on our Website.
“Renewal Date” means the date falling on each annual anniversary of the initial purchase date.
“Stripe” means the online secure payment portal we use to handle payments to us (Stripe).
“Terms” means these terms and conditions.
“Website” means our website at https://powertospeak.co.uk/ (or any successor website).
Any documents referred to in these Terms form part of these Terms and shall be interpreted accordingly. The clause headings in these Terms are inserted for ease of reference only and do not affect the construction or interpretation of these Terms.
In these Terms the singular shall be deemed to include the plural and the plural shall be deemed to include the singular unless the context requires otherwise.
2 Purchasing from Us
To order any of our Packages, please follow the instructions in the Services section of our Website. Once you have done so and payment has been confirmed by our ‘Stripe’ payment portal, your Order will come through to us. We may from time to time need to conduct security and other verification procedures in relation to the information you provide, and by placing an Order with us you agree to our doing so.
By placing an Order with us you warrant that you are legally capable of entering into binding contracts, that you are not in any way prohibited by any local laws to agree to these Terms or to purchase any of our Packages, and that the information you have provided to us is true and accurate. If any of that information changes then please contact us so that we can update our records.
3 Formation of Contract with Us
Your Order constitutes an offer to us to buy one of our Packages. Once we have received confirmation that your payment has been processed we will send you an order confirmation email, and the contract between you and us will be formed when we send you that confirmation email.
4 Timescales and Delivery of Your Site
Once we have confirmed your Order we will set up a delivery schedule with you within seven (7) days of an Order being placed.
5 Fees and Payments
Package prices are set out on our Website. Unless our Website states otherwise, the prices on the Website include all applicable value added taxes. We reserve the right to change our prices at any time. If we become liable to charge any taxes or duties we will contact you.
We of course make every effort to ensure the prices on our Website are correct. If for any reason they are not we will inform you of the correct price of any Package you have sought to Order and you will then have the option to proceed with your Order, subject to you paying the correct price, or to cancel your Order.
If you do not complete the payment process or if payment is not received in full (including any applicable taxes) we will not process your Order, so please ensure that you do complete all the steps on our Website to make sure your Order can be processed by us.
6 Power To Speak’s Obligations
In consideration of and subject to payment of the Fees and your compliance with these Terms, Power To Speak agrees to provide your Coaching Package in accordance with these Terms, and to perform our obligations with reasonable care and skill.
7 Your Obligations
In consideration of Power To Speak providing coaching services to you, you agree:
(a) to provide us with all information requested by us as quickly as possible so that we are able to work within the timescales agreed between us;
(b) to make every effort to meet as agreed and to let us know as soon as possible where this is not achievable; and
(c) to make payment of all Fees and any additional costs recharged to you within our payment deadlines.
8 Privacy and Data Protection
To find out about what we do with and how we look after your personal data, and your rights in relation to that data, you can read our Privacy Notice, which can be found here.
You can also find out about the cookies used on our Website by reading our Cookies Policy, which can be found here.
Both you and we agree to protect the Confidential Information of the other party against unauthorised disclosure by using the same degree of care in relation to the other party’s Confidential Information as is taken to preserve and safeguard our own Confidential Information of a similar nature, being at least a reasonable degree of care. The obligations set out in this section will not apply to Confidential Information which the receiving party can demonstrate (a) is or has become publicly known other than through breach of these confidentiality provisions; or (b) was in possession of the receiving party prior to disclosure by the other party; or (c) was received by the receiving party from an independent third party who has full right of disclosure; or (d) was required to be disclosed by law or by a governmental authority or regulatory body, and in such circumstances the party subject to the requirement to disclose agrees to notify the other party of the requirement to disclose.
10 Intellectual Property Rights
Power To Speak owns all Intellectual Property Rights and all other rights in and to Power To Speak’s Website and all other proprietary materials.
You agree that power To Speak is entitled to use and make reference to your business name and the products of our services for the purposes of marketing and advertising.
11 Termination and Cancellation:
You shall be entitled to cancel your Order at any time, for any reason, within twenty-eight (28) days of Delivery. In order to do so you will need to contact us in writing or by email at email@example.com providing the following information:
(a) notification of your wish to cancel;
(b) financial information to enable us to refund the Fees paid; and
We will make every effort to refund the full amount of Fees paid to us within seven (7) days, subject to you providing us with the information set out above.
These Terms set out the full extent of Power To Speak’s obligations and liabilities to you in relation to the products and services provided by us. All conditions, warranties or other terms concerning those products and services which might otherwise be implied into this agreement (whether by statute or otherwise) are expressly excluded.
You warrant that you have the right and authority to engage Power To Speak and to agree to these Terms. You also warrant that:
(a) all the Client Content and all information contained in it will be true, accurate and complete, is owned by you or you have permission from the owner to use it, and does not infringe the rights of any third party. We may request evidence of ownership or permissions for use of Client Content and you agree that you will provide that evidence promptly to us;
You hereby protect, indemnify, hold harmless and defend Power To Speak and our subcontractors, and will continue to do so, from any liability (whether actual or threatened and including without limitation solicitors’ fees and court costs), claim or suit, arising out of any breach by you of any of the warranties, representations or agreements in these Terms or otherwise from our use of the Client Content.
13 Limitation of Liability
In the event that we fail to comply with any of our obligations under these Terms then you agree that we will have a reasonable opportunity to correct any errors and re-perform those obligations.
If we fail to correct or remedy our obligations within a reasonable time then, subject to the next paragraph, the total amount of Power To Speak’s liability to you for all losses, damages, costs, claims and expenses, regardless of how or when they arise, whether arising in contract, tort (including negligence) or otherwise, will not exceed in aggregate the total amount of Fees paid to Power To Speak under these Terms in the twelve months prior to the date that the claim arose.
Nothing in these Terms seeks to restrict or limit the liability of you or us for anything that it would be unlawful to exclude or limit, including without limitation death or personal injury resulting your or our (as applicable) negligence and for fraud or fraudulent misrepresentation.
We (including our agents and sub-contractors) will not be liable for any (a) damage to software or other assets, (b) damage to or loss of data or content, (c) loss of profit, (d) loss of anticipated profits, (e) loss of revenues, (f) loss of anticipated savings, (g) loss of goodwill or (h) loss of business opportunity, or for any indirect or consequential loss or damage.
Whilst we work to the highest standards we are able to, unfortunately from time to time errors do happen. If they do arise and are proven to be our own errors, we will do everything we can to rectify those errors and ensure the Site functions as it is intended to. However, we will not be liable in any way to you for any third party damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate the Site or any part of it.
Notwithstanding any other provision of these Terms, Power To Speak will not be held liable for any deadline if you have failed to pay any Fees due at any stage.
Both you and we accept that the limitations and exclusions set out in these Terms are reasonable having regard to all the circumstances.
14 Events Out of Your or Our Control
Neither you nor we will be in breach of these Terms or liable for any delay in performing, or failure to perform, any of our respective obligations if that delay or failure results from events, circumstances or causes beyond that party’s reasonable control. In such circumstances the affected party will be entitled to a reasonable extension of the time for performing the relevant obligations, unless you and we agree otherwise.
If either you or we breach any of these Terms and the other waives its rights under these Terms, that waiver will not be taken or held to be a waiver in respect of any subsequent breach.
Any changes to these terms that we agree with you will only be valid if recorded in writing and signed by you and us.
All notices, documents and other communications relating to these Terms and which you wish to send to us must be in writing and sent by registered post to the address set out at the top of these Terms, or by email to firstname.lastname@example.org and, in the case of any service of legal proceedings, by both the aforesaid methods. Any notices, documents and other communications relating to these Terms and which we wish to send to you will be in writing and sent either by registered post or email (or both) to the address/email address you provide in your Order. All such notices will be deemed to have been served upon and received by the recipient on the expiry of 48 hours after posting or at the time of transmission in the case of email transmission, subject to the sending party having a delivery receipt.
If any of these Terms, or any part of any of these Terms, is invalid, illegal or unenforceable, you and we will negotiate in good faith to amend that provision so that, as amended, it is legal, valid and enforceable and, to the greatest extent possible, achieves the intended commercial result of the original provision. If such a modification is not possible, the relevant provision or part-provision will be deemed deleted. Any modification or deletion of any of these Terms or any part of any of these Terms will not affect the validity and enforceability of the rest of these Terms.
The rights granted to you under these Terms apply to you only and do not confer any rights on any third parties.
You may not assign the benefit of all or part of these Terms without our prior written consent, which we will not unreasonably delay or withhold.
You and Power To Speak are independent contractors. Neither party is the agent or partner of the other, nor do these Terms create any joint venture between you and us.
These Terms and the documents referred to in them constitute the entire Agreement between the parties. Other than where we state in these Terms anything to the contrary, for example in respect of our reliance on instructions and approvals given orally, neither party shall be under any liability for any representations made prior to or during the period that we provide the Site and any Hosting and Support services.
These Terms are governed by and will be construed in accordance with the laws of England.