Terms of Business - Coaching & Hypnosis Sanctuary

Terms Of Business

Introduction

    • In order to avoid repeating your name and mine in these terms, I use the words “I” and “me” to refer to Coaching and Hypnosis Sanctuary and “you” to refer to you, my client. 
    • If there is any inconsistency between these terms and my client care letter, or any variation of it evidenced by the action plan(s), then the terms of the client care letter and/or wellbeing action plan(s) shall prevail. You will have accepted these terms and my client care letter, and any variations, if you instruct me or continue to instruct me after receiving them.
    • These terms apply to all the work I do for you unless we agree otherwise in our client care letter, or variation of it, until I accept a new instruction from you on the express basis of other or varied terms.

     

    1. Instructions
    • The agreed scope of your instructions to me is set out in our client care letter to you, or any variation of it, as may be amended by other communication(s) between you and me. 
    • Unless specifically agreed by us to the contrary, my duty of care is to you as my client and does not extend to third parties. Advice given by me is provided on the basis of the instructions to which it relates and is for your benefit only. My advice may not be used or relied upon for any purpose other than the purpose for which it is specifically given and may not be used or relied upon by any person other than you without my prior written consent. Any exceptions to this clause will be found in my client care letter or any variation of it.

     

    1. Our Obligations to You
    • To ensure that our liability and obligations to you are fair and proportionate, in addition to the provisions set out below, I may include provisions in my client care letter, or any variation of it, to you which limit my obligations to you. 
    • I will be providing the service to you and it is me who will owe you a contractual duty to you, but [where applicable] not to any relevant family member as identified in our client care letter, nor to your employee as identified in my client care letter. It is me who has the contractual relationship with you.
    • Nothing in these terms or our client care letter, or any variation of it, shall operate to unlawfully affect and restrict your statutory rights or your rights pursuant to the common law of England and Wales except where you have chosen to waive any such rights.

     

    1. Fees
    • These are shown initially in my client care letter, or any variation of it, and will be updated by any written action wellbeing plan from me to you. In keeping with the fees formula, all fees will be paid in advance of coaching program or therapy as appropriate. Should there be a conflict between these standard terms of conditions and our client care letter in any regard, the terms of the client care letter will prevail.

     

    1. E-mail

           5.1 I will communicate with and send documents to you by e-mail. You accept that you will be responsible for installing and running antivirus software.

     

    1. Your Information and Data Protection
    • I am a data controller for the purposes of the General Data Protection Regulation 2016 and the Data Protection Act 2018 (the “Data Protection Legislation”). We will use the information you provide us primarily for the purpose of providing our services to you and for the related purposes, which may include:
    • Updating and enhancing client records; 
    • Analysis to help us manage my business;
    • Statutory returns if and where applicable;
    • Compliance with all aspects of my business;
    • Personal data obtained by us for the purpose of verifying your identity in accordance with the law on money laundering and terrorist financing will only be used by me for the purposes of preventing criminal activity generally, including money laundering or terrorist financing, unless:
    • Using it otherwise is permitted under any enactment; or
    • You have consented to it being used otherwise.
    • My use of such information is subject to your instructions, the Data Protection Legislation and my duty of confidentiality. Inevitably I may need to disclose some information to third parties and I accept your instructions on the basis that I have your authority to do so where reasonable, lawful and necessary for the purposes of dealing with any matter on which you instruct me and comply with legal, and professional requirements.

     

    1. Retention and Storage of Recorded Information
    • The confidential information will be stored or archived safely and for no longer than you permit or is necessary, to ensure I comply with the law of England and Wales. By the delivery of notice of these terms and conditions, you authorise us to destroy or delete those documents, materials and records at any time after twenty-eight days unless you tell me to the contrary.

     

    1. Variation
    • I may change these terms from time to time depending upon what is required. No variation to the client care letter, or these terms shall be binding on me unless agreed to by me in writing.

     

    1. Severance
    • If any provision (or part provision) of our engagement letter to you or these terms shall be found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the other provisions (or the rest of the provision) of my engagement letter to you or these terms, which shall remain in full force and effect.
    • If any provision (or part provision) of our client letter to you or these terms is found to be illegal, invalid or unenforceable, but would be legal, valid or enforceable if some part were to be deleted or modified, such provision (or part provision) shall apply with such deletion(s) and/or modification(s) as may be necessary to make it or them legal, valid and enforceable.

     

    1. Survivorship
    • Any provision of our engagement letter to you and any provision contained in these terms which expressly or impliedly has effect after termination or expiration of our engagement shall continue to be enforceable notwithstanding such termination or expiration.

     

    1. Third Party Rights
    • Save as provided for in my client care letter or any variation of it to you, the agreement established by that letter and these terms is made solely for your and our benefit and is not intended to benefit or create any right enforceable by any person other than you or us (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
    • Notwithstanding that any provision in the client care letter to you or these terms may be or become enforceable by a person other than you or us, the provisions of that letter and these terms may varied amended, terminated, rescinded or cancelled by agreement between you and us without the consent of any such person.

     

    Governing Law and Jurisdiction

    • Our relationship with you and any dispute or claim arising out of or in connection with our relationship with you shall be governed by and construed in accordance with the laws of England and, save as is provided for in paragraph 14.2 below, the courts of England have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with our relationship with you. 
    • I have the right (this provision being included for our benefit alone) to bring (in our absolute discretion) proceedings against you in the courts of any other country which may have jurisdiction.