CUSTOMER / CLIENT TERMS AND CONDITIONS
BETWEEN:
(1) Beacon Learning and Performance, of 1 Nether Beacon, Lichfield, Staffordshire, WS13 7AT, United Kingdom, (referred to below as the “Company”) which is to provide training to You; and
(2) The customer/ client (referred to below as “You”)
1. Definitions and Interpretation
1.1 In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
“Business” means any business, trade, craft, or profession carried on by You or any other person/organisation;
“Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to this Agreement means the Client who receives or uses services from Us comprising one or more Sessions for the individual Client’s personal use and for purposes wholly or mainly outside the purposes of any Business;
“Fee” means the standard charge for each Session (including any necessary travelling time to Your Premises);
“Our Premises” means where applicable, the premises where We provide any Session to You, namely 1 Nether Beacon, Lichfield, but in Clause 2.17 it means “business premises” as defined in the Regulations;
“Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“Session” means any individual tuition, instruction, training, teaching, coaching or mentoring session of [Insert number e.g., 60 minutes] (or any other period that We agree on any occasion as the length of one or more particular Sessions) that We provide to You in the Subject;
“Subject/s” means the [Mental Health training, Neurodiversity training, or Neurodiversity coaching] details of which are set out in the Schedule;
“Tutor” means any tutor or teacher, including any person/s whose name/s is/are set out in the Schedule, engaged by the Company from time to time to provide any Session/s on its behalf to You;
“Us/We/Our” means the Company
“Your Premises” means Your above address in the case of any Session that We have agreed to provide to you at that address.
1.2 Unless the context otherwise requires, each reference in this Agreement to:
1.2.1 “this Agreement” is a reference to this Agreement;
1.2.2 a “Clause or sub-Clause” is a reference to a Clause or sub-Clause of this Agreement; and
1.2.3 the Schedule is to the Schedule to this Agreement and it will form part of this Agreement
1.3 The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement;
1.4 Any reference to “We” or “Us” or “Our” or the “Company” is, where the context permits or requires it, includes a Tutor acting on behalf of the Company pursuant to this Agreement;
1.5 Words signifying the singular number shall include the plural and vice versa; and
1.6 References to any gender shall include the other gender.
2. Booking, Timing and Cancellation of Sessions, and Consumer Rights
2.1 Any time/date slot for a Session is subject to availability. We will advise You of any date/time that is available but We will not reserve or guarantee that particular time/date slot unless and until it becomes a firm booking as follows.
2.2 If You ask to book a Session or series of Sessions for any particular date/time slot/s, Your request will be Your offer to book that particular date/time. Whether We accept any requested booking will be in Our discretion. Our confirmation of Your requested booking will be Our acceptance of it but it will only become a firm booking if and when it becomes a binding contract in accordance with sub-Clause 2.3 below.
2.3 If and when We accept (by email) Your offer to book a particular Session or series of Sessions and You pay for it/them, there will from the date of payment (but not any sooner) be a binding contract between You and Us for the Session concerned, except as follows.
2.4 If We specifically agree in the case of any one or more particular Sessions to be booked that You may pay for each such particular Session/ sessions in advance. There will be a binding contract for it from the time that We accept Your offer to book it.
2.5 Unless We agree otherwise, You must book each Session as part of a regular series of Sessions. Each series will be for 4 sessions. We will advise You of available time/date slots before You offer to book them.
2.6 When You book any Sessions and pay Us in advance for them, We will be entitled to keep some or all of that payment as set out in sub-Clauses 2.11 or 2.12 below if You later cancel any such Session/s without giving Us such prior notice as is required by this Agreement to be given, as explained in the following paragraphs of this Clause 2.
2.7 If You arrive at Our Premises for any Session later than its scheduled start time, or if, when We arrive on time for a Session at Your Premises, You are not ready to start the Session, We will not extend the length of it beyond its scheduled finishing time unless We specifically agree to do so at the time when We or You arrive.
2.8 We may treat a Session that You have booked as cancelled by You without giving notice to Us if You arrive (or are not ready to start) more than 15 minutes after the scheduled start time of the Session or You tell Us at any time that You will be arriving more than 15 minutes after the scheduled start time, or You do not attend at all. If We treat the Session as cancelled in any such case, We may then (but We are not obliged to) give Your time/date slot for it to any other client wishing to book that time and date slot. We may decide to make a charge to You for that cancelled Session, and sub-Clause 2.12 below will then apply.
2.9 Once a Session is booked, You may not cancel it without charge. If You cancel a Session for any reason, then irrespective of how much, if any, prior notice You give Us of the cancellation, We will be entitled to charge You for any net financial loss that We suffer due to Your cancellation but that charge will be limited to the amount of the Fee paid for that Session. We will be entitled to deduct that charge from the Fee You paid in advance for the Session and We shall refund any balance to You.
Calculation of net financial loss will take account of any time for preparation for a Session incurred or saved by Us, any travel time and/or cost incurred or saved by Us, and loss of the profit element of the Fee.
2.10 If due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You either miss or cancel a Session, We will consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under Clause 2.12. If We agree to waive such a charge on one or more occasions, We will not be obliged to do so on any other occasion even if the circumstances are the same.
2.11 We may cancel a booked Session at any time before its time/date slot in the following circumstances:
2.11.1 There is no Tutor reasonably available to Us to provide that Session for You (and/or, if relevant, to travel to Your Premises) on the date and at the time concerned; or
2.11.2 An event described in sub-Clause 8 below occurs and continues for more than 30 days;
2.11.3 We find that You are not a “Consumer” (as defined in Clause 1 above); or
2.11.4 We find that You are not aged 18 or over.
If We cancel a Session in such circumstances either We will refund to You in full the payment that You have made to Us for that Session or, if when We cancel You ask to rebook for a later substitute Session and in Our discretion We decide to accept that requested substitute booking, We will instead keep the Fee as payment for the substitute Session.
2.12 We may immediately terminate a Session if Your conduct is in Our reasonable opinion unacceptable, or if it amounts to Your breach of this Agreement. You will not be entitled to any refund for a Session started but not completed in such a case. If at that time further Sessions booked and paid for have yet to be taken, We may cancel any or all of them at the time of terminating the Session or within 48 hours after that termination, and in that case We will refund You the Fees for the remaining number of booked Sessions in the series which We cancel.
2.13 Where the contract We make with You is not made on Our Premises, the Regulations give You the rights set out in this sub-Clause 2.17, and they will be in addition to the rights given to You by the above provisions of this Clause 2. You may for any reason cancel a booked Session during the 14 day period after We accept a booking for it, but if the booking includes any Session on a date which is before the end of that 14 day period, and if You have expressly requested Us to provide any such Session in that 14 day period and We do so, You may not cancel that requested Session and You must pay for it in accordance with Clause 3, and You may only cancel any other Session(s) covered by that booking. If You request that a booking be cancelled, You must confirm this in any way convenient to You. If You cancel as allowed by this Sub-Clause 2.17, and You have already made any payment(s) to Us for the booking, We will refund the payment(s) to You within 14 days of receiving Your cancellation less the amount due for the Session(s) that We have provided that is covered by that booking.
3. Fees and Payment
3.1 You must pay the Fees for all Sessions in advance of the Session dates.
3.2 The amount of standard Fee is subject to change from time to time but We will try to give You as much prior notice as possible of any such changes, and in any event not less than 4 weeks’ notice. Any increase will only apply to bookings made after We notify You of the increase; it will not apply to any Sessions previously booked and paid for.
3.3 You may pay Us for Sessions using any of the following methods:
3.3.1 Electronic Bank Transfer
3.4 All prices of Sessions set out in this Agreement or notified to You from time to time are inclusive of VAT that is chargeable on amounts payable for Sessions.
4. Your Eligibility to Require Us to Provide Sessions under this Agreement
4.1 We will only make Sessions available to You where You are aged 18 or over and You are a “Consumer” (as defined in Clause 1 above), and Your signature of this Agreement will be deemed to be Your confirmation that You are aged 18 or over and that You will be a “Consumer” in connection with any request(s) by You for any Session.
4.2 If at any time We find that You are not aged 18 or over or are not a “Consumer”, We may without liability to You cancel this Agreement forthwith by giving You a cancellation notice and You will not then be entitled to require Us to provide any further Sessions to You. If at the time of such cancellation You have paid for any Sessions not yet due to be given, We will refund You the Fees for those Sessions.
5. Our Commitment
The following, amongst other matters are dealt with in our Proposal:
5.1 Our commitment, total Session time needed, and maximum Session time on any day/in any week;
5.2 Attendance;
5.3 Punctuality;
5.4 Provision of items by You or Us;
5.5 Tasks for You to carry out between Sessions; and
5.6 Records.
6. Health and Safety and Professional References
6.1 We will not be responsible for care or safety of any minor at Our or Your Premises.
6.2 In the interests of Your well-being, You must inform Us before You attend any Session of any medical or other condition affecting You which might be or become relevant in relation to that Session.
6.3 If You do not tell Us before a Session of anything referred to in sub-Clause 6.2 that We then discover, We may, acting reasonably, decide not to provide that or the remainder of that Session or any other Sessions booked and to treat any such Sessions as cancelled by You without notice, in which case We may make a charge to You for that cancelled Session (or part of it) and sub-Clause 2.12 above will then apply.
6.4 We will on request provide to You before You book any Sessions:
6.4.1 Evidence of the qualifications of our Tutors. We confirm that any Tutors that We provide will hold, as a minimum, the following; MHFA England Instructor, and they will be a member of MHFA England.
7. Rules
7.1 We do not permit You to:
7.1.1 Smoke anywhere on Our Premises;
7.1.2 Be accompanied at Our Premises by any child; or
7.1.3 Bring any animals into Our Premises with the exception of a guide dog. If You require the use of a guide dog, You should inform Us of that before You sign this Agreement;
7.2 You must not have any electronic device in a Session except as We agree may be used in or after that Session, e.g. a recording device used specifically to record a Session or part of it.
7.3 You must not make any copies of any books or other materials that are used in or in connection with any Session unless We agree in writing to copying of any specific book or materials (or part/s thereof) produced by Us.
7.4 If You do not comply with any of these requirements, We may cancel the Session without liability for any refund or other amount.
8. Events Beyond Our Reasonable Control
8.1 We will not be liable for any failure or delay in performing Our obligations under this Agreement resulting from any cause beyond Our reasonable control, including illness of any Tutor or of Our other relevant personnel, lack of available facilities, non-performance by suppliers, any law or any action taken by a government or public authority, act of god, or any other similar or dissimilar event or circumstance that is beyond Our control.
8.2 If any event described under sub-Clause 8.1 occurs that is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and provide details of any new dates, times or availability of Sessions as necessary. You may, without liability to Us, cancel any Session(s) which do not take place due to that event, and We will refund in full the Fees that You have paid to Us for the cancelled Session(s).
9. Limitation of Liability
9.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our or a Tutor’s breach of this Agreement or as a result of Our or a Tutor’s negligence. Loss or damage is foreseeable if it is an obvious consequence of Our or a Tutor’s breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.
9.2 We provide all Sessions only for Your personal and private use/purposes. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
9.3 Whilst We will use Our best endeavours to ensure that You make satisfactory progress, results will depend on various factors, including, without limitation, number and frequency of Sessions, whether or not You adequately attempt or complete any tasks that We ask You to carry out before or after a Session, Your aptitude, attitude, previous experience, and existing knowledge and skills. Satisfactory progress cannot be guaranteed, and We make no warranty or representation that any particular result will be brought about as a result of You taking part in any Session(s).
9.4 If You bring any personal belongings on to Our Premises, We do not undertake to keep them safe or provide any storage place for them. Their loss or damage will be at Your own risk except where such loss or damage is due to any deliberate or negligent act by Us or a Tutor. We will not be responsible for any loss or damage to Your personal belongings caused by any other student, guest or visitor to Our Premises even where You leave or store them in any place at Our premises that We or a Tutor suggest or ask You to use. We therefore advise You not to bring any valuable belongings to Our Premises.
9.5 If a Session takes place at Your Premises, We do not undertake to keep Your Premises, or Your or another’s personal belongings or household effects at Your Premises safe or secure. Loss of or damage to them will be at Your own risk except where such loss or damage is due to any deliberate or negligent act by Us or a Tutor.
9.6 Nothing in this Agreement is intended to or will exclude or limit Our liability for death or personal injury caused by Our or a Tutor’s negligence or fraud or fraudulent misrepresentation.
9.7 Furthermore, if You are a “consumer” as defined by the Consumer Rights Act 2015, or You are a consumer for the purposes of any other consumer protection legislation, nothing in this Agreement is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
9.7.1 the Consumer Rights Act 2015;
9.7.2 the Regulations;
9.7.3 the Consumer Protection Act 1987; or
9.7.4 any other consumer protection legislation,
as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
10. Status and Authority of Tutors
10.1 No Tutor is authorised by Us to enter into this Agreement on Our behalf. Only of Our director may validly do so.
10.2 If any Tutor in their own name or on their own behalf agrees or arranges to provide, or does provide, any tuition, instruction, training, teaching, coaching or mentoring to You, We will not be responsible or liable to You for any act or omission of that Tutor in relation to any such agreement, arrangement, tuition, instruction, training, teaching, coaching or mentoring.
10.3 We will be responsible and liable to You for a Tutor’s acts or omissions as set out in Clause 9.
10.4 Your contract for any Session/s to be provided under this Agreement will be with Us and not with any Tutor.
10.5 Each of Our Tutors is either a self-employed individual or is Our employee who We engage to provide You with Sessions.
11. Changes to Terms and Conditions of this Agreement
We may from time to time change any terms and conditions of this Agreement without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.
12. How We Use Your Personal Information (Data Protection)
For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice: https://www.beaconmentalhealth.co.uk/privacy-policy.
13. Regulations
We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in this Agreement for You to see now, or We will make it available to You before We accept Your request to make a booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
14. Information
As required by the Regulations:
14.1 all of the information described in Clause 13; and
14.2 any other information which We give to You about any Sessions or Us and Our business which You take into account when deciding to make a booking or when making any other decision about Sessions,
will be part of the terms of Our contract with You as a Consumer.
15. Complaints
We always welcome feedback from You and, whilst We always use all reasonable endeavours to ensure that Your experience and Your experience as Our client is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about any Session/s or any other complaint about Us, please raise the matter with Us by speaking to Amanda Jackson at Our Premises or by contacting Us by email info@beaconmentalhealth.co.uk.
16. No Waiver
No failure or delay by Us or You in exercising any rights under this Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of this Agreement means that We or You will waive any subsequent breach of the same or any other provision.
17. Severance
If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
18. Law and Jurisdiction
18.1 The Agreement, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
18.2 As a consumer, You will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
18.3 Any dispute, controversy, proceedings or claim between You and Us relating to the Agreement, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.