These Terms and Conditions will apply to the purchase of the Prospering Practices services by you (the Customer or you).
We are Sarah Johnson trading as Prospering Practices of The Rocks Road, East Malling, West Malling, Kent, ME19 6AT with email address sarah@prosperingpractices.com; telephone number 07956 390419; (the Supplier or us or we).
These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
1. Interpretation
Contract: the contract between you and us for the supply of Services in accordance with these Terms.
Services: the services advertised on the website that we are providing to you on these Terms.
Order: the Customer’s order for the Services from the Supplier as submitted following the process set out on the Website.
Privacy Policy: the terms which set out how we will deal with confidential and personal information received from you via the website.
Website: our website https://prosperingpractices.com on which the services are advertised.
2. Basis of Agreement
2.1 These Terms constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us that is not contained within these Terms.
2.2 A contract shall be formed between us (“Contract”) upon you purchasing the Services and shall continue unless and until terminated.
2.3 The minimum term of the Contract for Prospering Practices Membership packages is 3 months.
3. Services
3.1 We shall provide the Services with all due care, skill and ability and shall use reasonable endeavours to meet any timescales agreed between us, but if we fail to meet these dates you shall not have any legal rights in relation to this.
3.2 We shall provide the following Services to you: Business coaching, mentoring and supervision (“Services”)
4. Fees and Booking
4.1 The fees for the Services are as set out on the website at the date we accept the order, or as per the order form you complete at the time of purchase, and are quoted in GBP.
4.2 For Services where fees are payable in one single payment, we will charge you the fixed price in advance.
4.3 Where the fees are payable as an online transaction via a subscription plan, the payments will be processed every month from the date of the initial payment.
4.4 Without prejudice to any other right or remedy, if you fail to pay on the due date, we may:
(a) charge interest on the sum due from the due date for payment at the annual rate of 4% above the base lending rate; and
(b) suspend all Services until payment has been made in full.
4.5 If you wish to cancel your membership after the 3 month minimum period, you will need to give 3 working days' notice or your payment may still be taken.
5. Confidential Information and Materials
5.1 We acknowledge that we may have access to confidential information and data about your business, your suppliers and your customers in the course of providing the Services. We shall not use or disclose to any third party any such confidential information, except where we need to in order to properly perform the Services.
5.2 You will keep all information about our business, our suppliers and our customers strictly confidential.
6. Data Protection
We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
We collect and process personal data in accordance with our Privacy Policy which you can view at: https://prosperingpractices/privacy-policy/.
7. Intellectual Property
7.1 We are the owner of all intangible assets included in the Services and any materials, content or other work provided as part of the Services.
7.2 Where you provide us with a testimonial or review then in doing so you consent for us to publish this on our website or via our social media channels to promote our business. You can amend your consent at any time by emailing us.
8. Termination
8.1 Either of us may terminate this Contract for any reason with no liability to the other (apart from liabilities that had already accrued and been incurred).
8.2 You may terminate this Contract if we commit any serious or repeated breach or non-observance of any of the provisions of this Contract and such breach is not remedied within 14 days of notification of breach.
8.3 We may terminate this Contract with immediate effect with no liability to provide any further services to you if at any time:
(a) you fail to make a payment when due and payable under this Contract;
(b) you commit any gross misconduct affecting our business;
(c) you commit any serious or repeated breach or non-observance of any of the provisions of this Contract.
8.4 If either of us terminate this Contract you will not be entitled to any refund of payments that have been made, and the payments that are outstanding will continue to be due and payable.
9. Obligations on Termination
On termination of this Contract you shall immediately pay to us any unpaid fees or other sums payable under this Contract. Termination will not affect either of our outstanding rights or duties, including our right to recover from you any money you owe us under these Terms.
10. Status
Our relationship to you will be that of independent contractor and nothing in these Terms shall make us your employee, worker, agent or partner.
11. Limitation of Liability
11.1 We do not exclude liability for (i) death or personal injury to any person caused by our negligence, (ii) liability for any fraud or fraudulent misrepresentation made by us or (iii) liability for any other matter which we may not legally exclude or limit. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time the Contract was made, or (ii) any loss or damage suffered by you as a result of advice or opinions given by us or by any of our associates or consultants.
11.2 In the event that we are found liable to you for any loss or damage, this liability shall be limited to the amount of any fees you paid to us in accordance with these Terms in the 12 months preceding the date on which any claim is made.
11.3 This clause 11 shall survive termination of the Contract.
12. Notices
All notices sent by you to us must be sent to Sarah Johnson, The Rocks Road, East Malling, West Malling, Kent, ME19 6AT or by email to sarah@prosperingpractices.com. We may give notice to you at either the email or postal address you have provided to us. Notice will be deemed received and properly served 24 hours after an email is sent or four days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email, that the email was sent to the specified email address of the addressee.
13. Assignment and subcontracting
13.1 We may at any time assign, transfer, subcontract or deal in any other manner with all or any of our rights under these Terms.
13.2 You shall not, without our prior written consent, assign, transfer, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms.
14. General
14.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will (to that extent only) be ‘severed’ from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
14.2 If we delay in exercising any rights under these Terms or by law, that shall not constitute a waiver of such right or prevent us from exercising that right at a later date.
14.3 We may vary these Terms at any time (other than in relation to the fee to be charged).
14.4 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
14.5 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by English law and we both agree to the exclusive jurisdiction of the English court.
14. General
14.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will (to that extent only) be ‘severed’ from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
14.2 If we delay in exercising any rights under these Terms or by law, that shall not constitute a waiver of such right or prevent us from exercising that right at a later date.
14.3 We may vary these Terms at any time (other than in relation to the fee to be charged).
14.4 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
14.5 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by English law and we both agree to the exclusive jurisdiction of the English court.