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General terms and conditions of trading
 
     
 

Terms and conditions

General terms and conditions of trading

All bookings for Simply Speaking training and consultancy are accepted subject to the following terms and conditions. Completion of the booking form, together with full payment of the relevant course fee(s), constitutes acceptance of these terms. View pdf version.

Definitions

"The Company", "Simply Speaking", "we" and "us" means Simply Speaking Limited. "The Client" means the company, participant or person named on the booking form for whom Simply Speaking Ltd has agreed to provide training in accordance with these conditions. "Course" and "training session" mean any training session, whether group or individual training, and whether public or bespoke. "Consultancy" means ongoing coaching and consultancy.

Bookings

No booking will be deemed as accepted by the company unless and until confirmed in writing and unless and until payment has been received in full. A VAT invoice and joining instructions will be sent to acknowledge your booking. Please contact us if you have not received them within 7-10 days of making your booking. The fee for each training session includes any consultancy necessary to ascertain your needs prior to training, all written materials and one email or telephone consultation (not longer than 15 minutes) per participant, to be taken within a six week period directly after the training session. Extra costs include bespoke requirements such as professional audio-visual recordings and customised workbooks. For in-house training taken off-site and for public courses the fee also includes lunch (when training times run through lunchtime) and refreshments. Course outlines and prices are correct at time of going to print but may be subject to change. The company may at any time, without notifying the client, make changes to a training session, postpone, cancel or discontinue the training session booked. Under these circumstances the client will be booked on an appropriate alternative training session at no extra charge, or offered a refund.

The fee for ongoing consultancy services includes all written materials and email, Skype and telephone contact as specified in the consultancy package. The Executive Consultancy package includes two hours of one-to-one consultancy per month, involving either a two-hour meeting or two hours of telephone or Skype conversations, plus unlimited email contact for the duration of the contract period. The Board Level Consultancy package includes four hours of one-to-one consultancy per month, which can be taken as one or two two-hour meeting(s) and/or any number of telephone or Skype conversations - with a total contact time of no more than four hours - plus unlimited email contact for the duration of the contract period. The telephone calls will be made by each client to the company. We will endeavour to schedule telephone or Skype consultations within 3 days of receiving a request from the client, but we do not guarantee this. Prices are correct at time of going to print but may be subject to change.

All prices quoted exclude VAT. We reserve the right to refuse or restrict anyone from attending our training sessions or using our consultancy service.

Cancellations

If you are unable to attend a training session (or send someone else in your place) please notify us as soon as possible. You should send any notice of cancellation by email to info@simply-speaking.co.uk and post a hard copy to Simply Speaking Limited, 1345 High Road, London N20 9HR

Notice Provided Cancellation Fees Postponement Fees
More than 21 days 0 0
14-21 days 50% of fees 0
7-14 days 100% of fees 25% of fees
Less than 7 days 100% of fees 50% of fees

Public course dates may vary subject to demand. All courses will be run subject to the number of participants. Simply Speaking may cancel any course if fewer than 4 bookings are received, in which case we will notify you approximately 10 days prior to the course to offer an alternative, or if you prefer, refund your booking fee. In no circumstances will the company be liable for any amount in excess of the agreed fee for the seminar in question. In particular the company will not be responsible for contingent travel, accommodation or other expenses of seminar participants arising from cancellation. Consultancy packages are paid for and begin immediately on booking, and on cancellation we will retain a percentage of the fees paid, depending upon the number of weeks after booking at which you cancel.

Consultancy Package Notice Provided After Booking Percentage of Fees Retained By Simply Speaking
3-month subscription Less than 2 weeks 33%
2 - 6 weeks 66%
More than 6 weeks 100%
6-month subscription Less than 2 weeks 17%
2 - 6 weeks 33%
6 - 10 weeks 50%
10 - 14 weeks 66%
14 - 18 weeks 83%
More than 18 weeks 100%
Additional months thereafter Any period of notice 100%

To cancel a telephone or Skype consultation within a consultancy package we require 48 hours notice and we will endeavour to reschedule the consultation within a reasonable time period, to be determined at the discretion of Simply Speaking. To cancel a face-to-face meeting within a consultancy package we require at least 7 days notice and we will endeavour to reschedule the meeting within a reasonable time period, to be determined at the discretion of the company.

Force majeure

The company shall not be liable to the client or be deemed in breach of contract by reason of any delay or failure to perform any of the company's obligations in relation to the training session or consultation if this was due to any cause beyond the company's reasonable control. We will use our best endeavors to provide the courses, trainers and consultants booked. However we reserve the right to change the content, timing, date and venue of a training session or consultation and we reserve the right to change the trainer or consultant. Cancellations or changes by us for whatever reason will not result in any obligation or liability to the client other than the prompt return of any fees paid for training or consultancy or the issuance of a credit note in lieu or the rescheduling of the consultation.

Warranty

The company will use all reasonable care and skill in providing the training and/or consultancy you order under this agreement, including the use of suitably qualified and experienced trainers and consultants However we make no warranty as to the results attained by attending our training sessions or by receiving our consultancy services. Furthermore, any decisions participants make having received our training and/or consultancy are their own and they remain wholly responsible for their actions. Except as expressly represented otherwise, and to the extent not prohibited by law, all training, including any documentation provided by or on behalf of the company to the participant is furnished on an 'as is' basis without warranty of any kind, whether express, implied, statutory or otherwise especially as to quality, reliability, timeliness, usefulness, sufficiency and accuracy.

The company cannot be held liable for any claim of any kind, including negligence, for any loss or damage arising out of, connected with, or resulting from our training sessions or consultancy packages. In no event whatever shall the company be liable for any incidental or consequential damages including but not limited to damage to property, injury or death, or any other loss that may result directly or indirectly from any use of the training or consultancy provided by the company. The company also disclaims any liability for participants who incorrectly select the wrong public course in error.

Copyright

All rights reserved. No part of the training material or website may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, electronic, mechanical, photocopying, or otherwise, without prior permission in writing of the copyright owner. Any audio or video recording or photography of our courses or consultancy is prohibited unless permission has been agreed in writing in advance. We reserve the right to eject offenders and to confiscate recording or photographic material without liability of any kind whatsoever to the company, its employees or agents, and without refund of fees paid.

Ownership and quality of information

Legal and beneficial title to all the intellectual property rights existing in any documentation, data, know-how, methods and concepts used or developed by us in providing training seminars and/or consultancy services shall belong to and will remain vested in us. All conditions or warranties (whether express or implied by statute or common law arising from conduct or a previous course of dealing or trade custom or usage or otherwise) as to the quality of the training and consultancy materials we supply or their fitness for a particular purpose (even if that purpose is made known expressly or by implication to us) are expressly excluded.

Liability

Except in respect of death or personal injury caused by the company's negligence, or as expressly provided in these conditions, the company shall not be liable to the client by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by negligence of the company, its servants or agents or otherwise) which arise out of or in connection with the provision of the training session or consultancy package and the entire liability of the company under or in connection with the contract shall not exceed the amount of the company's fees for the provision of the training session or consultancy package except as expressly provided in these conditions. To the extent not prohibited by law, the company will not be liable for any consequential, incidental, special or other indirect damages, arising from these terms. In the event that the company fails to provide training or consultancy in accordance with these terms, our entire liability and the client's exclusive remedy shall be for the company to refund all fees received from the client. In no event shall the aggregate liability for damages against the company, its employees or agents, arising from these terms whether by contract or tort exceed the amount the client has actually paid. To the extent not prohibited by law, the limitations in this section shall apply to personal injury and death. Under no circumstances are we, or our agents, liable for claims for loss or damages to your records or data, special incidental or indirect damages or for any economic consequential damages (including loss of profits or savings) even if we are informed of the possibility.

Indemnification

The client agrees to indemnify and hold the company harmless against any and all claims resulting from the fault or negligence of the client or its participants in connection with these terms.

Data protection

Under the terms of the Data Protection Act 1998 we have been registered by the Information Commissioner regarding our use of personal data. We follow strict security procedures in the storage and disclosure of information which is given to us to prevent unauthorised access. All the personal data provided will be used in accordance with the data protection laws and our privacy policy.

Privacy policy

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

The information we collect

We may collect the following information: your name and job title, your contact information including email address and telephone number, your areas of interest in terms of training, coaching or consultancy.

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons: internal record keeping, to improve our products and services, to send occasional promotional email about new products, special offers or other information which we think you may find interesting (you can tell us not to do this by sending an email request to info@simply-speaking.co.uk), to contact you from time to time for market research purposes (you can tell us not to do this by sending an email request to info@simply-speaking.co.uk), to customise our website according to your interests.

Controlling your personal information

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Simply Speaking Limited, 1345 High Road, London N20 9HR. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

General

We will try to resolve any problems promptly and to our mutual satisfaction. However, if we are unable to do so, the total of our liabilities arising under or in connection with this agreement (whether arising from our negligence or from breach of this agreement or howsoever) will not exceed the price you have paid for the service(s) (including training materials) under this agreement. If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.

Changes to this agreement

We may modify these terms and conditions on written notice. The modified terms and conditions will apply to your booking unless you cancel your booking prior to the effective date. Additional or different terms and conditions in any purchase order confirmation or other communication from you are void.

Governing law

These terms are governed by and to be construed in accordance with English Law. Any disputes shall be subject to the exclusive jurisdiction of the English courts. Your completion of the booking form constitutes a legally binding contract. If you have any questions about 'the small print' please call us on 08456 800 456 or email us. Notwithstanding these terms and conditions we aim to provide our clients with the best possible service and will usually try and accommodate all reasonable requests and circumstances. If you have any concern or query about anything to do with our training sessions or consultancy packages please contact us straight away.

 
 
 
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