Terms and conditions
“Client” is the person (or persons) who receives the Services (where more than one they are joint and severally liable)
“Services” are training courses or days offered through our website or other social media channels.
“Trainer” shall be Making Your Business Shine Ltd registered office at Bank House, White Lane, Middle Assendon, Henley-on-Thames (company number 10256990)
2. Price and payment
2.1 The Price for the Services is set out on the website “Price”. Our Prices are shown with VAT were applicable and VAT will be charged at the prevailing rate from time to time on our Services as of 1st September 2020.
2.2 The Price shall be the fees of the Trainer and payment of 100% of the Price is due in full at time of booking, save as set out clearly on our website for particular Services which offer a split payment option.
2.3 Where split payment options are available, each instalment must be paid on time, and failure to pay any instalment on time may result in the Trainer cancelling or amending the Services, in their sole discretion.
2.4 Payments are collected automatically through Teachable, the platform which hosts the Services. If the platform attempts to collect payment for the Services from the Client three times without success, then the Services are automatically cancelled and the Client shall have no further access to the Services. In such circumstances, the Client shall remain liable to pay the full Price.
3. Cancellation of agreement
3.1. The Services can be cancelled by either party in writing or by email to firstname.lastname@example.org subject to the matters set out in this clause.
3.2 If the Trainer cancels the Services, except as set out in clause 4.7, the Price will be repaid to the Client within 14 days of cancellation, and no further refunds, sum or compensation will payable to the Client by the Trainer arising from such cancellation.
3.3 In the unlikely event of the Trainer rescheduling the Services, alternative dates will be offered. No further refunds, sum or compensation will payable to the Client by the Trainer arising from such rescheduling.
3.4 If the Client seeks to cancel the Services then the Price paid shall be forfeited and non-refundable in its entirety. Any fees not paid at the time of cancellation by the Client shall be due in full immediately. This includes any instalments yet to be paid at the time of cancellation. No further sums will be due from the Client to the Trainer arising from such cancellation.
4. General Conditions:
4.1 The Trainer shall use reasonable endeavours to meet any performance dates, but such dates shall be estimates only and time is not the essence of the contract.
4.2 The fees will be paid at the time of booking and payment is not deemed to have been made until the fees have been paid in full. If payment is not made in full and within time the Services may be suspended and payment in advance may be required before the Services are re – commenced.
4.3 If payment is not made in accordance with the above clauses, the Trainer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
4.4 Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services or making proper use of the Services. Each party recognises and accepts its obligations with regard to the control and the processing of personal data under the current data protection legislation and regulations. For more information on this, please see our Privacy Notice on our website at https://business-shine.co.uk/privacy-policy-notice/
4.5 The Client grants to the Trainer consent to use any work including photographs and videos created as part of the Services to show off its services and designs, together with the right to display images as part of its portfolio and to write about the Services on websites, and in its marketing materials. If you do not wish to grant this consent, you must confirm prior to entering this agreement, and in that event the Trainer reserves the right to withdraw the offer of the Services.
4.6 (a)The Trainer will use reasonable care and skill in performing the Services. Where any valid claim in respect of the Services is made the Client may be entitled ONLY to a refund of the Price or part of the Price.
(b)The Trainer’s liability in respect of any loss of good will, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be NIL.
(c) Nothing in these Terms will exclude or limit liability for death or serious injury caused by the Trainer’s negligence.
4.7 The Services may be terminated if payment of the fees are not made in accordance with these terms; or if the Client commits a material breach (which shall include the circumstances set out in clause 2.4 above) of any of these terms and fails to remedy the breach within 14 days of being notified in writing; or the Client makes any statements or behaves in any way or requests the Trainer to undertake any actions that are discriminatory, illegal or immoral; or if the Client enters into any form of insolvency arrangement, or suspends its business. Upon termination the Client shall immediately pay any fees incurred to that point, to the Trainer.
4.8 If the Trainer is limited or hindered from providing Services booked by the Client due to circumstances beyond its control eg. government intervention, Acts of God, civil disturbance, war, national or local disaster, strikes, labour disputes, then the liability of the Trainer to the Client shall not exceed the amount paid by the Client for the Services. The Trainer shall be entitled to be paid for all Services delivered to the Client up to that point. The Trainer shall not be liable for any additional losses incurred by the Client in such circumstances.
4.9 Nothing in these terms are intended to create a partnership or joint venture between the Trainer and the Client, and no party has the right to act as agent for the other or to bind the other party in any way.
4.10 Variations to the Services by the Client may only be agreed in writing. Variations to the Services by the Trainer may be essential if Services or suppliers need to be substituted. In such event, the same level of Services or goods or suppliers will be provided but limited changes are inevitable. The Trainer will endeavour to maintain quality and value as far as reasonably possible.
4.11 Following the conclusion of the Services the Trainer may wish to contact you to request testimonials, recommendations, or feedback on the Services. By agreeing these terms, you are consenting to that contact by the Trainer after the conclusion of the Services.
14.12 The Trainer asserts their intellectual property rights, including copyright, over the written materials produced by the Trainer as part of the Services. The written materials shall not be reproduced, copied, shared or used elsewhere without the written permission of the Trainer. If you wish to use any of the Trainer’s materials either internally with others in your business, or externally, please ask us first. We will normally grant permission, although we will charge a licence fee if extensive use is requested eg for producing your own training packages. All rights are entirely reserved by the Trainer.
14.13 These terms and any dispute arising from them shall be governed by the laws of England and Wales.
Company details: Making Your Business Shine Ltd registered at Bank House, White Lane, Middle Assendon, RG9 6BD. Company Number: 10256990 VAT Registration number: 354223225