Terms & Conditions
These Terms and Conditions are for the provision of online coaching, training, technical development and consultancy services by Solofusion Ltd, a company registered in England and Wales under company number 08731294 whose registered office is at 12 Hardwick Close, Swindon, Wiltshire, SN25 4TR
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|Means the agreement between us and you which shall be deemed to incorporate these terms and the terms on any individual proposal
|Means the price payable for services
|Means both us and you and party shall refer to either one of us.
|Means the coaching programme provide by us
|Means any service which we may supply and which you may request via our website(s), email, phone or in person.
|Means Solofusion ltd. (also includes our employees, agents, representatives, and 3rd party suppliers)
|Means our website(s) on which we offer our services.
|Includes electronic mail and comparable means of communication.
|Means the client; the person/company (including their employees, agents or assigns), who purchases and/or receives the service(s) from us
2. The Contract
Any proposal we provide is only valid for up to 30 days from date of issue. These terms and conditions should be read and accepted by you prior to your purchase.
You accept that by purchasing any of our services, you agree to be bound by these terms and conditions.
These terms & conditions and any proposal constitute the entire contract between the parties. Previous dealings between the parties shall not vary or replace these terms or be deemed in any circumstances whatsoever to do so.
The parties agree to do everything necessary to ensure that the terms of this contract take effect.
Your order (acceptance of the proposal) constitutes an offer by you to purchase the services in accordance with these terms.
The order will only be deemed accepted when we issue you with a written acknowledgement of order or begin the provision of the services at which point a contract will come into existence between the parties upon these terms (contract).
These Terms & Conditions apply to the contract to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Any amendment or modification of this contract or additional obligation assumed by either party in connection with this contract will only be binding if evidenced in writing, signed by each party or an authorised representative of each party.
3. Description of Services
Services are as described on our website(s) or in any proposal.
We will provide the services to you with a proper degree of skill and care. The services consist of one or several of the following: coaching and discovery sessions (both 1:1 and/or group), online resources, technical development of marketing systems and membership communities.
You will be granted lifetime access to any Solofusion online coaching materials at the time of purchase, subject to us receiving full payment from you.
This access is linked to your email address. Should you change your email address you should notify us immediately to ensure continued access.
Access will be terminated should you fail to access the resources for 12 consecutive months. You will also have access to a membership area for a minimum period of 12 months (subject to us receiving full payment from you) to enable you to interact with other users.
We will use our best endeavours to answer any questions raised in the membership area, but we will not be ‘ever present’.
We cannot be held liable for the advice given by others in the membership area. Any contact with us outside of these sessions is chargeable at our standard rates.
In the unlikely event that we are unable to complete the programme with you we will do our utmost to find a suitable alternative coach to complete it with you.
Alternatively, we will issue a refund for any payments made in relation to the proportion of the services that has not been delivered.
4. Fees and Payment
Prices and payment plans are as described on our website or in our proposal. Unless otherwise agreed in writing by us, all payments should be made online by debit or credit card, or by PayPal.
If you have opted to use one of our payment plans, we will automatically request payments from the card details you have provided on the dates agreed.
All prices listed on the website(s) are correct at the time of publication however we reserve the right to alter these in the future.
We also reserve the right to alter the services available for sale on the website(s) and to discontinue any service.
To ensure that shopping online is secure, your debit/credit card details will be encrypted by our third-party payment handler to prevent the possibility of someone being able to read them as they are sent over the internet.
Your credit card company may also do security checks to confirm it is you making the order. The price as stated on our website(s) or proposal does not include value added tax (“VAT”).
Any discounts offered by us to you for the provision of services are offered against published price lists or standard rates in force at the date of quote, and such discounts or offers are unable to be used in conjunction with any other offers available at that time. Invoices are payable within seven (7) days of the invoice date.
Any queries relating to an invoice must be received within seven (7) days from the date of the invoice. Until a query is resolved you remain liable to pay the undisputed part of an invoice within the original timescale detailed on it.
If payment of the price or any part thereof is not made by the due date, we may: ·
Cancel the contract or suspend any further provision of the services to you with immediate effect. Any such period of suspension shall be disregarded for the purpose of contractual time limits previously agreed for the completion of the services ·
Exercise our statutory right to charge interest at 8% above the Bank of England base rate per annum on late business debts under provisions in The Late Payments of Commercial Debts (Interest) Act 1998 ·
Apply a charge of £10 (to cover administrative expenses and not as a penalty) per reminder for overdue payment submitted to you. We shall be entitled to submit such reminders on a weekly basis once the fees have become overdue ·
Charge you the costs of recovery of any outstanding amount including legal costs and disbursements.
In some cases, we may receive a commission from introducing you or registering you with a service provider. The commission amount will vary depending on the supplier, the product or service you sign up to. By using our service, you consent to us receiving commission payments.
6. Your Responsibilities
You shall co-operate with and consult fully with us at our reasonable request, to enable us to fulfil our obligations under this agreement and shall promptly provide us with all information relevant to the service.
You acknowledge that any software subscription agreements that you enter into as part of this service including, but not limited to CRM software, Calendar management software or accounting software, is a contract between you and the software provider and we have no liability with regard to performance or payment of these services.
If you fail to maintain your subscription to any software being used as part of the services such that the services cannot continue, no refund will be given.
You shall be on time to any planned meetings or events. Should circumstances change and you are unable to make a scheduled meeting, a minimum of 24 hours’ notice should be given to us to rearrange. Any meeting cancelled within 24 hours of the scheduled date and time may incur additional charges.
Unless we are responsible for postponing a session, we cannot extend the overall programme length by more than one week. No refunds will be given for unused sessions.
You will struggle to optimise the coaching sessions if you have not completed your individual actions and preparation prior to attending each session.
7. Links to Other Web Sites
Our service may contain links to third-party websites or services that are not owned or controlled by us.
We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
8. Access and Communication
For all access issues please contact us on the details below. We are committed to providing you with a high-quality service that is professional and effective.
If you would like to discuss how our service could be improved or if you are dissatisfied with the service you are receiving, please let us know by contacting us on 07725 675740, or by email at Tania@solofusion.co.uk
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. The service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We do not warrant that
a) the service will function uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected;
c) the service is free of viruses or other harmful components; or
d) the results of using the service will meet your requirements.
You may cancel this agreement by giving us notice up to one week before the first session to receive a full refund of any fees paid.
If, within the first four (4) weeks of the programme, you feel it is not suitable for you, you are entitled to cancel the agreement subject to a charge for the services delivered to the date of cancellation.
If this charge is more than you have paid in fees you will be sent an invoice, if it is less, we will issue a refund for any balance.
This agreement cannot be cancelled after four (4) weeks from the first session.
All notices of cancellation must be in writing.
We reserve the right to terminate the contract with immediate effect in the event of any of the following: ·
You pass a resolution for winding up (other than for solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or ·
You cease to carry on your business or substantially the whole of your business; or ·
You are declared insolvent, or convene a meeting of creditors or make or propose to make any arrangement or composition with your creditors; or ·
A liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of your assets. ·
Your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under these terms has been placed in jeopardy.
If either party breaches a material provision under this contract, and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice of the breach, the non-defaulting party may terminate this contract immediately and require the defaulting party to indemnify the non-defaulting party against all reasonable damages.
All notices of termination of the contract should be submitted to the other party in writing.
You shall be liable to pay to us, on demand, all reasonable costs, charges or losses sustained or incurred by us arising directly or indirectly from any fraud, negligence, failure to perform or delay in the performance of any of your obligations under the contract, subject to us confirming such costs, charges and losses to you in writing.
13. Our Liability
Great care has been taken to ensure that the information available on our website(s) is correct and error free.
We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the website(s) will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website(s) and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our website(s).
We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible.
However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
Nothing in this agreement shall exclude or limit either party’s liability for death or personal injury resulting from the negligence of that party or their employees, agents or associates, for fraudulent misrepresentation or concealment or for any other liability that cannot be in any way excluded or limited at law.
Except as otherwise expressly provided in the agreement: ·
Our liability to you in shall be limited to the value of any fees paid under the agreement, however we shall not be liable for any economic losses (including, without limitation, any loss of profits, business, contracts, goodwill, revenue or anticipated savings) or any special, indirect or consequential losses or any destruction of data. ·
These exclusions and limitations apply to every claim related to this agreement, not just claims for breach of contract. This indemnification will survive the termination of this contract.
14. Force Majeure
Neither party to these terms and conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party.
Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, pandemic, epidemic, governmental action or any other event that is beyond the control of the party in question.
Unless the parties have signed a separate agreement containing more specific provisions in relation to confidentiality (in which case the provisions of such agreement will continue to apply in lieu of this clause), each party will keep any confidential information disclosed by the other secret.
Neither party may use or take advantage of any such confidential information without the discloser’s consent, even after the end of this Agreement.
This obligation does not apply to
(i) information known to the receiver before disclosure by the other party, or
(ii) information which becomes public knowledge without fault on the part of the receiver, or
(iii) disclosures made to the extent required by some applicable legal or regulatory requirement. You understand that anything shared by any member in a group session is done so confidentially and that you undertake not to pass on directly or indirectly any specific information pertaining to any member, which might be construed as personal or delicate.
16. Data Protection
‘Data Protection Legislation’ refers to The Data Protection Act 2018 and any secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time.
All personal information that We may collect (including, but not limited to, Your name, postal address, email address and telephone number) will be collected, Used and held in accordance with the provisions of Data Protection Legislation as defined above.
In certain circumstances, and with Your consent, We may pass Your personal information on to credit reference agencies.
These agencies are also bound by the Data Protection Legislation as defined in above and should Use and hold personal information accordingly.
We will not pass on Your personal information to any other third parties for marketing purposes without first obtaining Your express consent.
For delivery of our services, you are the data controller and we are the data processor.
Subject matter of processing The subject matter of the processing under this contract will or may be sales and marketing related personal data of customers of the controller.
Duration of processing The data will be processed and/or erased in accordance with the controller’s instruction.
The processor will unless instructed otherwise cease processing any personal data and erase such data after a period of 6 years after which they may be destroyed without further notice.
Nature and purpose of the processing The nature and purpose of the processing is for the controller to receive support from the processor in relation to the set-up of CRM and marketing automation software and processes.
The processing will be limited to such matters with processing being conducted electronically and by hard copy information.
The categories of data subjects and type of personal data The categories of data subjects will include those recorded on the controller’s email manager, accounting software, CRM and other such systems. The type of personal data will include, where appropriate, names, addresses, email addresses, contact details, phone numbers, bank account details, data relating to the contract (including terms and conditions), marketing preferences, and personal details (such as birthdays).
Obligations of processor
The processor will:
Only process personal data on the documented instructions of the controller, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by union or member state law to which the processor is subject. In such a case the processor shall inform the controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest.
Ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
Take all measures required to implement appropriate technical, and organisational measures to ensure a level of security appropriate to the risk to such data, including where appropriate; the use of pseudonymisation/encryption of personal data; the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services; the ability to restore the availability and access to personal data in a timely manner in the event of a physical, or technical incident; a process for regularly testing, assessing, and evaluation ,the effectiveness of technical and organisational measures for ensuring the security of the processing.
Not engage a sub processor without prior specific or general written authorisation from the controller.
Where the processor does engage a sub processor the processor will place on the sub processor the same obligations that are placed upon the processor by this contract.
Shall assist the controller insofar as it is possible in the controller fulfilling its obligation to respond to requests for exercising the data subject’s rights.
Assist the controller in ensuring compliance with data protection legislation around the security of personal data considering the nature of processing and the information available to the processor.
At the choice of the controller, delete or return all the personal data to the controller after the end of the provision of the services relating to processing, and delete existing copies unless the law requires storage of the personal data.
Make available to the controller all the information necessary to demonstrate compliance with our obligations as a processor and allow for and contribute to audits, including inspections, conducted by the controller or another auditor mandated by the controller.
17. Intellectual Property
All materials provided for our programmes including graphics, code, text products, software, audio and design are owned by us or used by us under licence from the owners.
No content in whole or in part of our materials may be copied, reproduced, uploaded, posted, displayed, linked to or used in any way without our prior written permission.
Any such use is strictly prohibited and will constitute an infringement of our copyright and other intellectual property rights or in the case of material licensed to us, the owner of such materials.
18. Other Important Terms
This agreement represents the entire agreement between the parties in respect of the services and shall prevail over any conditions contained or referred to in any of your documents or otherwise.
If any part of this agreement is found to be void or un-enforceable by any court of competent jurisdiction, such part shall be severed from this agreement, which will otherwise remain in full force and effect.
These terms shall remain in force until altered in writing and signed by both parties.
The failure by us at any time or for any period to enforce any one or more of these terms and conditions shall not be a waiver of them or a waiver of the right to enforce such terms and conditions on a future occasion.
You may not assign this agreement or any rights or obligations under it without our prior written consent.
Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose.
No party shall have authority to act as agent for, or to bind, the other party in any way.
A person who is not a party to the contract shall have no rights under the contract pursuant to The Contracts (Rights of Third Parties) Act 1999.
19. Governing Law and Jurisdiction
Our relationship with You will be governed by English law and will be subject to the exclusive jurisdiction of the English and Welsh Courts.