Geoff Nicholson Terms of Service
General Terms & Conditions of Supply of Service
Geoff Nicholson t/a GN Coaching
Version 1.0 - valid from 1st September 2021
Interpretation. In these conditions of service:
— "Supplier" / "Coach" / "Trainer" means Geoff Nicholson t/a GN Coaching whose main office is at 237 Darras Rd, Ponteland, Newcastle upon Tyne, NE20 9AJ
— "Customer" or "Client" means the person who purchases the Services.
— "Services" means the services ordered by the Customer from the Supplier, in an order which has been accepted by the Supplier.
— “Retainer” means an agreed monthly payment to retain the services of Geoff Nicholson t/a GN Coaching regardless of usage and will be paid as to the payment terms unless cancellation notification has been provided by the customer in writing.
Performance/Session Dates. The Supplier shall use reasonable efforts to meet any stated dates for performance/session but shall not be liable (in contract, negligence or otherwise) for any loss or damage resulting from its failure to do so, howsoever caused.
Queries and Complaints. Notification of queries and/or complaints must be notified to the Supplier in writing within [fourteen (14)] days of the problem arising, or [fourteen (14)] days of completion of the Services, whichever is the earlier.
Prices. Unless another price is quoted by the Supplier in writing and accepted by the Customer, the price of the Services is the Supplier's relevant standard price for the particular Services as at the date of the order as set out on our website or correspondence from time to time.
Expenses. Unless expressly quoted as including all expenses, all prices are exclusive of the Supplier's reasonable hotel, travel and other out-of-pocket expenses in providing the Services. The Customer shall reimburse the Supplier for such expenses, subject to the Supplier properly vouching for them.
VAT. Unless expressly quoted as including VAT, all prices are exclusive of value-added tax or any other government taxes or duties which, if applicable, shall be paid by the Customer.
Time of Invoice. Unless otherwise agreed in writing, The Supplier may invoice the Customer at such times as the Supplier deems fit with a final invoice upon completion of the Services.
Payment Terms. Payment is due within seven days of the date of invoice or prior to the commencement of the first session, whichever is the earlier. If you fail to make payment in accordance with these terms and conditions the Supplier may cancel your booking without notice. If your booking is cancelled for breach of this term you agree to pay a lost opportunity fee equivalent to the full invoice value.
Any Prompt Payment Discount offered shall not be construed as a reduction, temporary or permanent, of any of the supplier’s prices. No rebate, discount, credit, waiver of fees or refund is available for any cancellation.
No Deductions. The Customer shall make all payments in British Pounds, without set-off or counterclaim and free and clear of all taxes, deductions, withholdings and other charges.
Interest. The Customer shall pay to the Supplier interest on any overdue amount at a rate of 8% per annum above the base rate of the Bank of England from the due date for payment until payment, calculated on a daily basis and compounded monthly. Interest will be payable both before and after judgment.
Warranties. The Supplier warrants that the Services will be provided with due skill, care and diligence. There may be occasions when Geoff Nicholson t/a GN Coaching may recommend to the client that they seek an alternative or additional services. In this event, Geoff Nicholson t/a GN Coaching 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 Geoff Nicholson t/a GN Coaching does not accept any liability for the outcome of any decisions the client chooses to make.
Remedy. Subject to Clause 16, if the Supplier is in breach of the warranties given by it under Clause 12, its liability shall be limited to reimbursement of the price of the Services in question.
No Other Liability. Subject to Clause 16, the Supplier shall have no further liability to the Customer other than as described in Clause 13, whether under these conditions of service or on any other basis including liability in tort as a result of the sale of the Services.
Consequential Loss Etc.: Subject to Clause 16, the Supplier shall not under any circumstances be liable to the Customer by reason of any representation or warranty, condition or other term or any duty of common law, or under the express terms of these conditions or service, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by the negligence of the Supplier, its employees or agents or otherwise, even if advised of the possibility of such damages.
Non-Excludable Liability. Nothing in these conditions of service shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or any of its employees or agents, nor shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer.
Sub-Contracting: The Supplier may, in its discretion, delegate any of its duties in the provision of the Services.
Relationship of the Parties: Nothing in these conditions of service or elsewhere shall be deemed to make the Supplier an employee, agent or partner of the Customer for any purpose whatsoever.
Application. These conditions of service shall apply to any purchase of services under an order which is accepted by the Supplier. No other terms shall apply to the sale of the Services, including any standard conditions of purchase of the Customer, even if they are printed on the written order of the Customer or any other document issued by the Customer.
If the client needs to rearrange a session, meeting or any form of support session, at least 48 hours’ notice is required to carry forward the unused session free of any additional charge. Where less than 48 hours’ notice is given the unused session will be forfeited.
In exceptional circumstances, Geoff Nicholson t/a GN Coaching may need to rearrange a session. In these circumstances, Geoff Nicholson t/a GN Coaching will use reasonable endeavours to provide a mutually satisfactory alternative appointment with the client.
The client may terminate their coaching contract as long as it is not part of a program, product or service with a fixed period at any time in writing. Any monies owed at the time of cancellation to Geoff Nicholson t/a GN Coaching will become due immediately. Refunds on payments made against future sessions will be at the discretion of Geoff Nicholson t/a GN Coaching.
By exception, Geoff Nicholson t/a GN Coaching may be unable to provide further coaching or support to the client and terminate the service early. Where necessary,y Geoff Nicholson t/a GN Coaching may suggest it appropriate to signpost the client to other professionals in the event of a risk to the client or others.
In such a circumstance, the client will be given reasonable notice of termination by Geoff Nicholson t/a GN Coaching where practicable and refunded any advance payments made for coaching or support sessions not yet provided.
Geoff Nicholson t/a GN Coaching will respect the client’s privacy and seek written permission before disclosing they are a client.
Personal or business information supplied to Geoff Nicholson t/a GN Coaching by the client in coaching sessions or any type of business meeting or discussion will be treated as confidential. No information will be disclosed to a third party without the client’s prior permission, except where required by law. All written or documented information will be securely stored and kept for that purpose it was provided in line with the UK Data Act 2018.
The assignment start date will be a date agreed between the client and Geoff Nicholson t/a GN Coaching and shall be deemed to be the start date for the service. This may be either the date of the first coaching session, formal meeting or another agreed assignment start date.
Geoff Nicholson t/a GN Coaching will seek to enable the client to set and achieve goals that will help to bring about desired outcomes for the client. The client has sole responsibility for any decisions they may make following coaching with Geoff Nicholson t/a GN Coaching.
The duration and timing of sessions will be confirmed within the services. In the event the client arrives late, a coaching session or meeting will continue to finish at the prearranged time. In the event, the coach arrives late to any coaching session or meeting Geoff Nicholson t/a GN Coaching will use reasonable endeavours to provide a satisfactory response to make up any lost time.
Geoff Nicholson t/a GN Coaching reserve the right at any time to change the date and/or venue of any meeting or session or to cancel it altogether if they deem it necessary by reason of fire, flood, extreme weather conditions, acts of war (whether declared or not) or violence, malicious damage, explosion, earthquake, strike, civil disturbances, political unrest, riot, labour dispute, power cuts, pandemic, epidemic, staff illness, government directive, recommendation or legislation or any other cause beyond their control; or if they for any other reason deems it necessary or advisable. In such cases, the customer waives any and all claims he might have against the suppliers for refunds, damages or expenses.
Workshops provided by Geoff Nicholson t/a GN Coaching will be provided with full details stated on the invoice provided, accepting this agreement will also include the cancellation policies and costs incurred.
Governing Law. These conditions of service shall be governed by English law.