TERMS AND CONDITIONS
1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by Selvey Consulting Ltd trading as WIZZ&CO a company registered in England and Wales under number 11439975 whose registered office is at 71 Queen Victoria Street, London, EC4V 4BE (we or us or Service Provider) to the person buying the services (you or Customer).
2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Elizabeth (Wizz) Selvey
Selvey Consulting Ltd t/a WIZZ&CO, 14 Feathers Place, Studio 20 Meantime Studios, London, England, SE10 9NE (hereinafter "Business Owner")
Definitions and Interpretations:
In this agreement the following expressions have the meanings given in this clause;
‘Charges’ the fees and charges to be paid for Services delivered to the Client;
‘The Company’ or ‘Company’ Selvey Consulting Ltd t/a WIZZ&CO;
‘Coaching’ ‘Consulting’ and Mentoring’ the Service to be provided, including but not limited to, business mentoring, business consulting, life coaching, personal coaching, executive coaching, mentoring, supervision services;
’Session’ a meeting to provide services to the Client;
‘Package’ the booking of multiple sessions to provide services to the Client;
‘Event’ a planned occasion to deliver services to the Client or Clients.
The clause and sub-clause headings do not form part of this agreement and must not be considered in it’s construction or interpretation
The terms and conditions below apply to all Coaching, Consulting and Mentoring related services provided by Selvey Consulting Ltd t/a WIZZ&CO to any individual or organisation ("the Client") and constitute the contract for the service to be provided for the Client.
2. Services
2.1 The terms 'Coaching' ‘Consulting’ and ‘Mentoring’ as here used, covers, but is not limited to, business coaching, business consulting, life coaching, personal coaching and executive coaching for Clients and where applicable includes mentoring or coaching or supervision services provided for Clients, coaches or others.
2.2 Coaching and, or mentoring is not psychological counselling or any type of therapy and should not be construed as such.
2.3 . The Services ordered by the Company are not a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. The Company is not acting as a mental health counsellor or a medical professional. The Services provided by the Company are not a substitute for counselling, therapy, psychotherapy, psychoanalysis, mental health or substance abuse treatment.
2.4 For legal purposes, it is understood by all involved parties that ‘Coaching’ ‘Consulting’ and ‘Mentoring’ are currently unregulated industries and that the Services provided by the Company are not “licensed“ by any UK Body, Institution or Regulator even though the sessions may take place in the UK.
2.5 The Company shall provide the Services as agreed in writing but will not guarantee, nor be held liable, to the Client for the outcome of the Services or any decisions or actions taken as result of the Services provided by the Company.
2.6 Any changes or amendments to the Services agreed in writing may be subject to an additional fee to be determined and confirmed by the Company in writing.
2.7 The Company must be informed, in writing, of any changes or details that will affect the role of the Company. Any changes or additions to the scope of work and fees must be made in writing and agreed by all parties before any further works take place.
2.8 The Company may from time to time advise, guide and recommend suppliers to the Client. The Client is under no obligation to use or engage the services of such Suppliers that have been suggested by the Company.
2.9 Where the Client wishes to engage the Services of any said Supplier, the Client will be bound by separate and independent agreement with that Supplier, and there will be no liability nor responsibility whatsoever to the Company.
3. Working with us
3.1 At no time and under no circumstances whatsoever shall the Company tolerate abusive, violent, destructive, menacing, or harassing behaviour from the Client or any party acting on behalf of the Client. This behaviour will be treated as a Breach of Contract, and all Services will cease with immediate effect. All remaining fees will be due regardless of further Services not commenced and without any refund of monies paid.
3.2 The Company will, at all times, maintain strict confidentiality in relation to Client data and any information learned during the course of working with the client. This includes, but is not limited to, financial, strategic and operational data. This does not include Client feedback which is gathered with the intent of sharing in the public domain.
3.3 The Company will seek permission for any case study prior to writing, and approval prior to publishing.
3.4 The Client must not distribute or make available any templates, ways of working or detailed session information to anyone outside of their organisation (save for professional services working with the Client on their business such as accountants, website designers, copy writers, brand designers and strategists or business coach to whom it is relevant).
4. Credits and privacy
4.1 The Client permits the Company to use images of the Client including, but not limited to, social media, posts, competitions, press releases, magazines and features, for promotional purposes only. The Company will seek permission to use images that identify the Client's home or anyone not party to this contract.
4.2 The Client consents to the Company holding and processing data for legal, personnel, administrative and management purposes and the holding of and processing of any personal data of a sensitive nature as defined in the Data Protection Act 2018.
5. Bookings and deposits
5.1 No booking shall be deemed to be confirmed or accepted by the Company unless and until the Client has paid the total invoice amount or has agreed in writing to the terms of the arrangement set out by the Company and the booking has been confirmed in writing by the Company.
5.2 The Company is not under any obligation to continue holding provisional bookings for coaching, consulting or mentoring sessions or packages, or retreats, networking events or any other events or sessions, beyond 10 working days from the time of the provisional booking.
6. Payments
6.1 Payment for Services provided by the Company to the Client must be received in full before the first session takes place, unless categorically stated differently in writing or in the invoice, from the Company to the Client.
6.2 Payment for Services provided by the Company must be paid within 10 working days of receiving an invoice. Late payments will result in a weekly fee of £25 (+ VAT).
6.3 Any query arising from an invoice must be notified to the Company in writing within 5 working days of the date of the invoice receipt. Failure to comply will render the full invoice amount to be payable on the due date.
6.4 Non-payment as per the payment terms set out in this Agreement, will result in the Company being unavailable to the Client.
6.5 Non-payment of the total amount due for this booking will be considered breach of contract and the Company reserves the right to take legal action as necessary to secure payment in full.
6.6 If the final payment is not paid by the date stipulated in writing or in the invoice the Company retains the right to withhold any further work including cancelling all future sessions and, or packages, and, or retreats, networking events or any other events or sessions, unless payment, including the late payment fee, is made immediately.
6.7 Where payment is not received, the company reserves the right to withhold and retain all monies received to date and will not be liable to the Client to repay any previously received monies.
6.8 Payments to any other suppliers must be made by the Client directly unless otherwise agreed in writing.
6.9 Where any payments are made on behalf of the Client , the Company must receive exact payments cleared in its bank account in advance of any purchasing required on behalf of the Client.
7. Client cancellations and changes
7.1 This Clause applies to the following: where the Client (a) cancels a session, (b) (c) changes the date of an agreed session, (c) cancels a package, (d) changes the dates of a package, (e) cancels attendance at an Event;
7.2 Where Clause 7.1 applies, the following cancellation and, or change charges will apply, unless confirmed otherwise in writing by the Company. In addition, the Client will settle any third-party charges incurred by the Company on behalf of the Client;
Session; More than 5 working days’ notice 0% fee of the full Charge
Less than 72 working days’ notice 50% fee of the full Charge
Less than 24 hours’ notice 100% of the full Charge
Package; More than 20 working days’ notice 0% fee of the full Charge
Less than 20 working days’ notice 50% fee of the full Charge
Less than 10 working days’ notice 100% of the full Charge
Event; More than 20 working days’ notice 0% fee of the full Charge
Less than 20 working days’ notice 50% fee of the full Charge
Less than 10 working days’ notice 100% of the full Charge
7.3 Where the Client terminates, or cancels, this contract, a general rule will apply whereby payments made up until that point will, as standard, be non-refundable and the Company will not be liable for any further claim nor legal action in accordance with the laws of England and Wales.
7.4 All cancellations must be received in writing from the Client and will be deemed to take effect from the date of receipt.
7.5 Any postponement of confirmed business will be considered as a cancellation in accordance with this Clause 7. The Client shall, in that eventuality, be liable for any and all costs or expenses incurred by the Company as a direct result of the said changes, postponement or any reasons articulated in Clause 7.1.
8. Liability
The Company holds Public and Professional Liability Insurance to cover legal liability for loss, damage or injury to third parties.
The Company will seek to enable the Client to set and achieve goals to assist in bringing about desired outcomes for the Client. The Client has sole responsibility for any decisions they may make, and the Company accepts no liability whatsoever, in any circumstances or situations, for the Client’s actions or the consequences of the Clients actions.
The Company accepts no liability for any loss incurred by any Client, whether financial or otherwise, following commencement of a session, package or attendance at any Event, or for any perceived failure by the client, whether justified.
The Company shall not be held liable for the failure of delivery of any good or service provided by third parties whether contracted by the Company or the Client.
The Company shall not be liable to the Client or any Supplier engaged, for any loss, direct or indirect, or consequential, as a result of the recommendation of any Supplier to the Client.
The Company shall not be liable for loss or damage suffered by the Client as a result of an action, brought by a third party. This clause shall apply even in where the Company had foreseen or advised of the possibility of it.
The Company or its employees or agents shall not be liable for any damage, loss, delay or expenses caused to the Client, its employees, agents, or any other persons except insofar as it results from the negligence of the Company or breach of contract.
The Company shall not be liable for damage to personal property of the Client, its employees or property damage caused to the Clients personal or business property or personal injury arising as a result of the negligence of the Company.
9. Force Majeure
9.1 The Company shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including, but not limited to, acts of God (other than one arising from or related to directly or indirectly from volcanic ash), strikes, lock outs, accidents, war, re, breakdown of plant or machinery, and the Company shall be entitled to a reasonable extension of its obligations.
10. Severance
10.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11. Governing Law
11.1. These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.
12. Company rights and obligations
12.1. If the Company cancels or terminates this contract, or cancels any Sessions, Packages or Events for any reason other than that set out in Clauses 3, Clauses 7 and Clauses 9, the Company will pay to the Client the sum of the Services that have not been completed, but not including Work and Services that have been delivered, (including VAT), within 30 days of informing the Client in writing that the booking is cancelled.
12.2. The Company must give written notification to the Client of the termination or cancellation of this contract.
12.3 There may be occasions where the Company may recommend to the Client that they seek an alternative service more suited to their needs. In this situation, the Company will fully discuss the reasons for the recommendation with the Client. It is the Client’s sole responsibility to decide whether to follow the recommendation and the Company does not accept any liability for the outcome of any decisions the Client makes.
12.4 Where Clause 12.3 is exercised, the Client must pay the Company the sum of the Services completed up to and including that date, (including VAT) and where applicable, the Company must repay all payments and monies received for Services not delivered to the Client.
13. Performance
13.1 This Clause applies where the Client is dissatisfied with the Services provided by the Company. The Client must raise their dissatisfaction with the Company immediately, preferably in writing, and permit the Company the opportunity to discuss and resolve the said issue(s).
13.2. Should both parties be unable to resolve the dissatisfaction, the Client may terminate this Agreement with immediate effect. This must be confirmed in writing by the Client to the Company. The Company reserves the right to retain all monies received to date and holds no further liability of Services to the Client.
13.3. The Client is liable for payment in full to the Company for all Services rendered and delivered up to and including the date of termination (including VAT).
13.4. The Company will not be liable for any further claim nor legal action in accordance with the laws of England and Wales.
14. General
14.1. Except in respect of death or personal injury caused by the Company’s negligence, the Company is not to be liable for the death of, or injury to the Client or its employees and invitees, or for damage to any property of theirs.
14.2. The limit of liability for breach of contract or negligence shall be limited to the total professional liability insurance in place by the Company at the time.
14.3. This Agreement supersedes any previous agreement between the parties.
14.4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
14.5. No variation to this Contract is valid unless agreed by both parties in writing.
14.6. In the event of any dispute which cannot be resolved by both Parties it is agreed that the process of mediation will commence before arbitration or litigation.
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
This agreement shall be governed by the laws of England and Wales.