PowerWood Consultancy and Coaching Services Terms and Conditions

Welcome to PowerWood and thank you for supporting us.

1. Application and Parties.

These Terms and Conditions (“Terms“) apply to the provision of services detailed in the accepted Consultancy Services Scope (defined below) by PowerWood Project CIC (a company registered in England and Wales with company number 8986490 whose registered office is 123 Cale Way, Wincanton, BA9 9DB, United Kingdom) (“we” or “us”) to the client as stated in an accepted Consultancy Services Scope (“you”), each a “Party” and together the “Parties”.

2. Entire Agreement.

These Terms and the accepted Consultancy Services Scope (together, the “Agreement”) are the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf. These Terms apply to the Agreement to the exclusion of any other terms that you impose or incorporate (or attempt to impose or incorporate) or which are implied by trade, custom, practice or course of dealing.

3. Consultancy Services Scope.

1. “Consultancy Services Scope” means the scope of work agreed in writing or on audio by you and us, including any additional terms which are incorporated either by attachment or reference (“Additional Terms”).

1. Additional Terms. Additional Terms may include (for example) specifications, descriptions of services, third party terms and service level agreements. The Additional Terms may be available online or in hard copy.

Changing the scope. The Parties agree that changes to a Consultancy Services Scope will require the written agreement of both Parties.

4. Free Consultation

1. Before agreeing on the Consultancy Services Scope, we will talk with you about your expectations and requirements (a “Free Introductory Talk”).

1. During this Free Introductory Talk you will get the chance to assess if you think or feel if working with us is right for you.

1. Following the Free Introductory Talk, if we think that you would benefit from our services, we will send you a quote for performing any additional services. This quote will set out the Consultancy Services Scope.

1. All information you provide to us during the Free Introductory Talk will be processed in accordance with our privacy policy available here: https://www.powerwood.org.uk/powerwood-consultancy-services-privacy-policy/.

For further details on the Free Introductory Talk please see here: https://www.powerwood.org.uk/free-talk-with-a-professional/.

5. Notices

1. By using our services you agree and acknowledge that:
  1. 1. the degree of benefit obtained through the services may vary between clients;
  1. 1. advice provided by us will be tailored to support conditions and/or concerns identified and agreed by both parties; and
  1. our services are not a substitute for professional medical advice and/or treatment.

You further understand and agree to the following:
1. 1. you are responsible for contacting your GP about any health concerns; and
1. you give permission for us to contact your GP on your behalf if we consider that this is necessary.

6. Provision of Services.

1. Delivery. We will deliver any ordered consulting, development, training or other services as described in the applicable Consultancy Services Scope.

1. Acceptance. The acceptance process for work performed will be described in the applicable Consultancy Services Scope and will apply only to the deliverables specified. To the extent an acceptance process is not described in the Additional Terms, services will be deemed accepted upon delivery.

1. Dependencies. You agree that our ability to deliver services may depend on the accuracy and completeness of any information provided by you and your reasonable and timely cooperation.

1. Performance. We will perform the services using generally recognised practices and standards. You agree that you will provide prompt notification of any concerns you may have about the provided services and we agree that we will re-perform any service that fails to meet the agreed standard.

1. Sessions out of office hours.
  1. 1. Our standard hours are Monday to Friday, 09:00 to 18:00.
  1. Subject to availability, you may choose to schedule your session at the following times and in such a case the additional fees specified below will apply:
    1. 1. Sessions on Monday, Tuesday, Wednesday and Thursday evenings between 18:00 to 20:30 cost £20 extra per hour.
    1. Sessions on Saturday mornings from 10:00 to 12:30 cost £30 extra per hour.

1. Recording coaching sessions.
  1. 1. Your coaching sessions may at times be recorded as audio files. Such recordings are used for training, evaluation and development purposes only and your anonymity will be preserved.
  1. 1. You may request a copy of any session recording at any time within three months of the date of that session. Where a recording has been made, it will then be made accessible to you.
  1. 1. Within a reasonably period of time after engaging us you will be invited to a Google document page on which you will find any information referred to and agreed during your sessions and further information and links to a dropbox folder where you can find the recording of your session (where applicable). You can access these documents for up to 30 days after your last session.
  1. If you would prefer that none of your sessions are recorded, you must advise us accordingly.

1. Access to PowerWood strategies, tools and documents.
  1. 1. As part of the coaching process we may grant you access to strategies, tools and documents we have developed. These strategies, tools and documents are issued to you for your own personal development and you agree that your use and our provision of these documents is governed by the terms and conditions available here: https://www.powerwood.org.uk/terms-and-conditions-of-online-and-services-and-products/.
  1. If you experience difficulties accessing this information please contact office@powerwood.org.uk.

Relistening to the audio of the conversations and sharing. You can find audio recordings of your PowerWood consultations in your personal PowerWood dropbox. You will have 30 days from your last session to listen to these recordings.

7. Price.

1. Prices are as written by us in the Consultancy Services Scope and exclude taxes, unless otherwise quoted. We will charge separately for reasonable out-of-pocket expenses, such as travel expenses, as long as you agree to these in advance.

1. Tiered fee structure. At our discretion we may use a tiered model for fees, based on family income, to make the services more accessible. Fees will depend on gross family income, including benefits before tax and National Insurance Contributions.

Concession fee. You may be eligible for the concession rate if your family income is below £10,000 per annum or if you are experiencing financial hardship (to be determined in our absolute discretion). Please contact us at directors@powerwood.org.uk for further information.

8. Changes or cancellations of appointments.

1. Changes.
  1. 1. You can change the date of your appointment by:
      1. sending an email to office@powerwood.org.uk; or
      1. by phoning the office on +44 (0) 20 329 05 764 during Monday to Friday, 09:00 to 11:00 during term time (as defined by Devon County Councils website (https://new.devon.gov.uk/educationandfamilies/school-information/school-term-dates).
  1. Such notice to change the time or date of your appointment must be provided at least 24 hours in advance of our appointment or you will be charged for the full cost of your appointment.

Cancellations. Appointments on a Monday must be cancelled by 9:30 on the Friday before the appointments. If cancelled within 24 hours of the appointment, on a Friday after 9:30 for a Monday appointment, or if we cannot reach you at the phone number/Skype name provided by you at the scheduled time, you will be charged for the entire consultation.

9. Payment.

1. You agree to pay all invoiced amounts by the earlier of (i) seven (7) days from our invoice date or (ii) one week before your first appointment with us. We may suspend performance of our obligations under Consultancy Services Scopes if you breach your obligations under this clause (Payment). We shall be entitled to charge statutory interest on any late payments under the Agreement.

1. Payments methods.
  1. 1. We may from time to time appoint a third party to take payments on our behalf. You agree that when paying via such a third party that the third party’s terms and conditions will apply to such payments.
  1. 1. You may alternatively pay for the services by bank transfer by transferring the fee amount set out in the invoice to the bank account details below:
      1. Bank: Co-Operative bank
      1. Name: PowerWood Project CIC
      1. Sort code 08-92-99
      1. Account number 65762053
      1. Reference: your name and invoice number.
  1. You can pay by credit card by phoning the office.

Payments by Direct Debit.
1. 1. You may be eligible to pay for your sessions by monthly instalments through Direct Debit. This feature is available at our discretion and is only available in the UK and certain other European countries. If you wish to enquire about this option please contact office@powerwood.org.uk.
1. 1. We manage direct debit payments through GoCardless and you agree that GoCardless’ terms and conditions will apply to your use of their services.
1. Please note that payments by Direct Debit will be subject to a 3% surcharge.

10. Feedback.

You are the expert on your child/children and on what does and does not work within your family, belief system and lifestyle. Please reflect on the advice, suggestions and propositions in light of your personal beliefs and experiences and share your feedback with us. Please also feel free to provide feedback on how accurate our interpretations during the session feel to you, and whether the ideas and practical suggestions discussed work for you and your family.

11. Intellectual Property (IP).

1. Our licence of IP. All documents provided to you as part of our coaching process are developed by us or Simone de Hoogh. These documents are intended for your own personal development, and you may not distribute, copy or share this information aside from with your partner or co-parent. You may access this information for up to 30 days after your last session.

Transfer of IP. No transfer of ownership of any intellectual property will occur under the Agreement. All documents, strategies and tools to which we grant you access are the intellectual property of us or Simone de Hoogh.

12. Information.

1. Confidentiality.
  1. 1. Where information disclosed by one Party to the other under the Agreement is marked as ‘confidential’ or the circumstances of its disclosure reasonably dictate that it should be considered confidential, the other Party shall treat such information as confidential and shall use the higher of (i) commercially reasonable efforts or (ii) the same efforts as the receiving Party uses in relation to its own confidential information, to protect the confidential information. Disclosed confidential information must: (i) only be used by the receiving party, and (ii) not be disclosed to any other company or person (subject to the carve out below).
  1. This obligation of confidentiality does not apply to us if we have serious concerns about your safety, or the safety of others. In such a circumstance you hereby grant us the right to disclose any relevant information to a medical professional,the emergency services or any other third party which we decide is reasonably required.

Personal Information.
1. 1. As part of providing services to you and your family we will collect, use and process your personal information as detailed in our privacy policy available here: https://www.powerwood.org.uk/powerwood-consultancy-services-privacy-policy/. Please read this statement as it included important information which applies to you.
1. To the extent that you provide us with the personal information of a third person, you warrant to us that you will have sought the prior consent of that third person.

13. Limitation of Liability.

Our liability to you under the Agreement is limited to the amount paid by you to us under the Agreement. Neither Party will be liable for indirect, special or consequential costs or damages, or lost revenues or profits, downtime costs, loss or damage to data. This clause does not limit either Party’s liability for any liability which may not be limited or excluded by applicable law.

14. Force Majeure.

Except for payment obligations, neither Party will be liable for delays due to causes beyond its reasonable control.

15. Termination.

The Agreement may be terminated on written notice by a Party if the other Party materially breaches the Agreement and fails to remedy its breach within a reasonable period after being notified of such a breach in writing by the other Party.

16. Survival.

Any term which should reasonably be expected to survive termination of the Agreement will survive termination of the Agreement and shall apply to both Parties’ respective successors and permitted assigns.

17. Amendments.

The Agreement may only be modified through a written amendment signed by both Parties.

18. Third Parties.

The ability of third parties to enforce any rights under the Contracts (Rights of Third Parties) Act 1999 is hereby excluded.

19. Severability.

The provisions of the Agreement are intended by the Parties to be severable in the event that any part of it is held to be illegal or unenforceable (in whole or in part) and such part shall not affect the validity and enforceability of the remaining provisions or the remainder of the affected provision under the Agreement.

20. Governing Law.

The Agreement and any dispute arising under or in any way connected with the subject matter of the Agreement (whether of a contractual or tortious nature or otherwise) shall be governed by and construed in accordance with the law of England and Wales, and the parties submit to the exclusive jurisdiction of the English and Welsh Courts.

Attribution

This legal document was created with the assistance of Rocket Lawyer.