Mentorship Terms and Conditions
The following expressions shall have the following meanings:
1.1 “Mentor” means Collaborative Consulting Ltd;
- “Client” means any party who enters into a contract for mentoring Services with the Mentor;
1.3 “Application Form” means a booking document, registration form, letter of engagement, quotation or other written instruction describing the Services and requesting a contract for those Services;
1.4 “Services” means mentoring services as described in the Application Form and these Terms and Conditions;
1.5 “Fees” mean the payment for Services as outlined in these Terms and Conditions and the Application Form;
1.6 “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the Mentor;
1.7 “Agreement” means the contract between the Mentor and the Client for the provision of the Services incorporating these Terms and Conditions.
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by the Mentor to the Client and shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Mentor.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Mentor may be entitled in relation to the Services, by virtue of any statute, law or regulation.
3 APPLICATION FORM
3.1 The Application Form is attached to these Terms and Conditions.
3.2 The Application Form must be accepted by the Client in its entirety.
3.3 The Agreement between the Mentor and the Client, incorporating these Terms and Conditions, shall only come into force when the Mentor confirms acceptance in writing to the Client.
4 SERVICES AND DELIVERY
4.1 The Services are as described in the Application Form and in these Terms and Conditions.
4.2 Any variation to the Services must be agreed by the Mentor in writing.
4.3 The Mentor shall take all reasonable measures to keep information correct but may alter mentoring techniques and services at any time. The Mentor shall notify the Client in writing of any such changes.
4.4 The Services shall commence on Monday 29th Feb and shall continue (subject to the terms of this Agreement) until May 29th (13 weeks).
4.5 The Services shall be carried out online through a Facebook Call, Skype, Google Hangout or any other method as agreed by the Mentor
4.6 Dates given for the delivery of Services are estimates only and not guaranteed. Time for delivery shall not be of the essence of the Agreement and the Mentor shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Services.
4.7 Mentoring sessions shall be conducted on an individual or shared basis as agreed with the Mentor and specified on the Application Form.
4.8 Mentoring sessions shall take place online as determined and intimated by the Mentor to the Client.
5.1 The price for Services is as specified in the Application Form and is inclusive of any other charges as outlined in the Application Form.
5.2 The terms for payment are as specified in the Application Form.
5.3 The minimum duration for a mentoring session is 45 minutes.
5.4 The Client is responsible for the full costs of any books and materials provided or otherwise required by the Mentor for the purpose of providing the Services.
5.5 The Client must settle all payments for Services within 14 days from the invoice date.
5.7 The Client will pay interest on all late payments at a rate of 4% per annum above the base-lending rate of The Bank Of England.
5.8 The Mentor is also entitled to recover all reasonable expenses incurred in obtaining payment from the Client where any payment due by the Client is late.
5.9 The Client is not entitled to withhold any monies due to the Mentor.
5.10 The Mentor is entitled to vary the price to take account of:
5.10.1 any additional Services requested by the Client which were not included in the original Application Form;
5.10.2 any reasonable increase in rates, if applicable;
and any variation must be intimated to the Client in writing by the Mentor.
5.11 The Mentor shall be responsible for the payment of National Insurance contributions, Income Tax, VAT or other liabilities arising out of remuneration for providing the Services.
6 CLIENT OBLIGATIONS
- The Client agrees to cooperate fully with the Mentor with regard to the obligations set down in these Terms and Conditions.
- The Client must attend mentoring sessions promptly, including making video calls or sending any requested e-mails on time. If the Client is delayed in respect of these commitments the Mentor shall not be under any duty to extend the time of the session or reply to any video or e-mail messages.
- The Client must ensure that regular practice of learned skills is undertaken between each session and any tasks set by the Mentor are completed in full.
- The Client agrees to pay the Fees as specified on the Application Form and in these Terms and Conditions.
- The Client must behave in a respectful and appropriate manner at all times. Disruptive or threatening behaviour will result in termination of this Agreement. In such cases no refunds shall be payable by the Mentor to the Client.
- The Client must bring to the attention of the Mentor any dissatisfaction with the Services as soon as the Client becomes aware of such issues.
- Persons other than the Client are not permitted to attend a lesson unless the prior consent of the Mentor has been obtained.
6.9 The Client must take responsibility for their own development and the exploration of new ideas, strategies and approaches.
7 MENTOR OBLIGATIONS
7.1 The Mentor shall supply the Services as specified in the Application Form and in these Terms and Conditions.
7.2 The Mentor shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with any recognised codes of practice and government guidelines.
7.5 The Mentor shall provide the agreed support for the facilitation of the Client’s professional development against an agreed set of objectives. The Mentor cannot guarantee the achievement of these objectives.
7.6 The Mentor will seek to enable the Client to improve their quality of life and to achieve their desired outcomes. However, the Client has sole responsibility for taking important decisions in their life. The Mentor has no liability for any loss incurred by any Client, whether financial or otherwise, following commencement of mentoring sessions, or for any perceived failure by the Client, whether justified or otherwise, to achieve a material improvement in quality of life or to achieve their desired outcomes or goals.
7.7 Personal information supplied by the Client during a session or otherwise will be treated as confidential. It will not be disclosed to a third party without the Client’s prior permission, except where required by law or where action might be necessary to prevent harm to the Client or someone else.
8.1 Payments for mentoring fees are non-refundable and non-transferable.
8.2 A refund is only considered in exceptional circumstances where the Client contacts the Mentor within 3 days of the first booked session. Any such refund is made at the discretion of the Mentor and is subject to an administration fee of 50$ deducted prior to any refund being made.
9.1 Fees are non-refundable in the event of cancellation of a session or course of sessions on the part of the Client. Clients are advised to hold insurance to cover such circumstances.
9.2 If the Mentor is unable to hold a booked session all attempts will be made to provide an alternative mentor of the same professional standard or to offer an alternative date that is suitable to the Client.
9.3 In the event that the Mentor cancels a lesson a full refund of Fees shall be made to the Client.
10 PERSONAL INFORMATION
The Mentor shall comply with the Data Protection Act 1998 and any other applicable data protection legislation concerning the processing of the Client’s personal data.
11.1 The Mentor may terminate this Agreement with immediate effect if the Client demonstrates any physical or verbal abuse towards the Mentor.
11.2 The Client may terminate the Agreement if the Mentor fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 30 days after notification of non-compliance is given.
11.3 The Mentor may terminate the Agreement if the Client has failed to make over any payment due within 14 days of the sum being requested.
11.4 Either party may, with immediate effect, terminate the Agreement by notice in writing to the other if:
11.4.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
11.4.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
11.4.3 the Mentor passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
11.4.4 the Mentor ceases to carry on its business or substantially the whole of its business; or
11.4.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
11.5 In the event of termination the Client must make over to the Mentor any payment for Services incurred up to the date of termination.
11.6 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
13 LIMITATION OF LIABILITY
13.1 The Mentor shall not be liable under any circumstances to the Client or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Client or other third party howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
13.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Mentor for death or personal injury, however the Mentor shall not be liable for any direct loss or damage suffered by the Client or third party howsoever caused, as a result of any negligence, breach of contract or otherwise.
The Client shall indemnify the Mentor against all claims, costs and expenses which the Mentor may incur and which arise directly or indirectly from the Client’s breach of any of its obligations under these Terms and Conditions.
15 FORCE MAJEURE
Neither party shall 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, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Mentor.
17 THIRD PARTY RIGHTS
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
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.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
Any notice to be given by either party to the other may be served by email.
21 ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
22 GOVERNING LAW
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 England and Wales courts.