Please read all of these Terms and Conditions
The following words shall have the following meanings:
1.1 ‘Agreement’ shall mean these ‘Terms and Conditions’ and any other document providing a specification or description of the goods and services supplied.
1.2 ‘Customer’ shall mean a person or organisation purchasing goods or services from the Company.
1.3 ‘Company’ shall mean Bempowered Ltd.
1.4 ‘Delegate’ shall mean a person representing a customer, or being the Customer, and receiving, participating or otherwise benefitting from the goods and services supplied by the Company.
1.5 ‘Intellectual Property Rights’ shall mean all patents, trademarks, copyright, registered and unregistered designs, and know how.
1.6 ‘Goods’ shall mean specific items purchased by the Customer.
1.7 ‘Services’ shall mean those tasks, responsibilities, duties, etc. given in a Specification to meet the requirements of the Customer.
1.8 ‘Specification’ shall mean a document providing detail of the Services and Goods being purchased and provided.
2.1 This Agreement shall apply to all contracts relating to the Supply of Goods and Services provided by the Company.
2.2 Services may be provided on the premises of the Customer or those of a third party.
2.3 Preparation for the delivery of Services may be undertaken at the offices of the Company, on the premises of the Customer or those of a third party.
2.4 Goods and services may be delivered using a third party.
2.5 The Customer may not use any of the Intellectual Property, including trademarks, logos, etc of the Company without prior written approval from the Company.
3 Delegate Courses
3.1 Provisional bookings to attend a course may be made by telephone or email.
3.2 The Customer may make bookings for more than one Delegate, but limited by the capacity of the total number of Delegates that may attend a particular course.
3.3 The Company reserves the right to refuse admittance onto a course if preparatory work has not been completed by the Delegate at least 7 days prior to the commencement of the particular course.
3.4 The Company reserves the right to improve the Specification without prior notice to the Customer.
3.5 The Specification will contain information about the date, time, venue and joining arrangements for the booked course. If for any unforeseen circumstance the venue is no longer available, the Company reserves the right to deliver the Service at an alternative venue and to advise the Customer(s) and Delegate(s) as soon as possible.
3.6 The Company reserves the right to postpone and reschedule a course if the number of Delegates attending makes the course unviable, or the Company is prevented from providing the Service by unforeseen events, including in particular, but not limited to, illness of staff delivering the Service.
3.7 In the event of the Company being obliged to postpone or reschedule any course in relation to Clause 3.6, the Customer will be notified as soon as reasonably practicable. The Company in addition will refund in full all monies paid by the Customer, or at the option of the Customer to apply the monies to the rescheduled, or alternative course. The Company shall not be responsible for any additional costs and inconvenience caused to the Customer.
4 Bespoke Training Courses & Staff Development
4.1 The Customer may request the Company to develop a new course, modify an existing course, provide individual training & coaching or assist in the development of the staff.
4.2 Upon the Company accepting such a request the Customer will analyse and determine the requirements for the course, training, coaching or development and together with the Company will jointly prepare and agree a Specification for the course or programme of work.
4.3 In consideration of carrying out the Specification, the Customer agrees to pay the Company the set-up costs which shall be payable to the Company, whether or not the Specification (e.g. bespoke course) is delivered by the Company.
4.4 If the Specification is delivered by the Company, the provision of clause 6.4 of this Agreement shall apply.
4.5 If the course, training or coaching is delivered on the premises of the Customer, the provision of clause 5 of this Agreement shall apply.
5 Courses at Customer Premises
5.1 By prior arrangement with the Company, and subject to the provisions within this clause, the Company agrees that it will provide courses to the Customer at the premises of the Customer for charges set out in this Agreement in clause 6.
5.2 The Company reserves the right to increase the charges, in the event that the normal course day is extended beyond the reasonable control of the Company or by request from the Customer.
5.3 The Customer agrees to provide suitable course facilities as agreed in advance with the Company.
5.4 The Customer shall indemnify the Company against loss or damage to the equipment and/or the injury or death to Company employees or Company agents arising out of the use of the
equipment under the provision of this clause save where the same is caused by negligence by the Company.
6.1 To register a place on a Delegate courses full payment of course fees must be received by the Company for each delegate attending at least 90 days prior to the commencement of the course. An invoice and confirmation of payment will be issued by the Company upon receipt of payment.
6.2 At the discretion of a Director of the Company, the Company may consider a written payment plan for individual Customers. Should the Company not receive timely payments in accordance with the plan, the Company reserves the right to receive full payment or to cancel the agreement and apply the cancellation policy as set out in Section 7.
6.3 When Goods or Services have been supplied at a negotiated discount, payment for the full discounted price shall become immediately payable. An invoice and confirmation of payment shall be issued retrospective to payment.
6.4 For bespoke courses supplied in pursuant of clause 4, the Company will invoice the Customer firstly when the bespoke development work has been completed and secondly, prior to the course being delivered by the Company, unless specifically agreed in writing that balance of payment will be received after delivery of the course.
6.5 For other Services pursuant in clause 4, clause 5 and clause 6 invoices will be issued by the end of the calendar month during which the Service was delivered.
6.6 Invoiced amounts shall be due and payable as outlined at clause 6.
6.7 The Customer may make payment to the Company by cash, direct transfer to the Company bank account, by cheque, credit/debit card via World Pay merchant services or by using PayPal with the prior agreement of the company.
6.8 All payments will be made in Great Britain Pound Sterling (GBP £)
6.9 If the Customer fails to make any payment when due, the Company reserves the right to levy a late payment charge calculated at the rate of 2.0% per month compound above Bank of England base rate, applicable after as well as before any judgements on the unpaid amount or part thereof. If the customer consistently fails to make payment, the Company reserves the right, without prejudice to other remedies it may have, forthwith to terminate any contractual arrangement. Customers are agreeing to make payments on the date they are due and will ensure funds are available for payments to be collected as they are agreed. Failure to make agreed payments when due may result in the full balance becoming payable. The matter may be referred to a third party for collection and any associated costs will be added to the balance due.
7 Cancellation, transfer and refunding arrangements .
7.1 Acceptance of these terms and conditions recognises that in the case of purchase of a training course, the Company will have incurred administration costs and coaching support from a coach/trainer (whether or not the trainer or coach was contacted) was available from the time of enrolment. The refund policy is based on that support having been available as well as any of the training materials received at the time of enrolment.
If a Customer cancels the Agreement pursuant to Goods or Services related to the provisions of clause 3, clause 4 or clause 5 the following shall apply:
a) No deposits or partial deposits will be refunded. If a partial deposit has been agreed, this is to reserve a place on the course dates agreed during enrolment, and the balance of the full deposit is still required, even if a decision is made by the customer to withdraw from the training. The balance of the full deposit is also non-refundable. Full deposits are: £600 NLP Practitioner/£600 Master Practitioner/ £500 Professional Coaches Programme.
b) Pre-course materials that have been issued cannot be refunded under any circumstance and a charge for the supply of materials will always be made.
c) Cooling off period: you have 7 days from the time of payment for a training course to change your mind and receive a full refund, subject to condition 7.1(a) and 7.1(b).
d) Following the cooling off period (see 7.1(b)), any cancellation of the agreement or failure to make payment in accord with a payment plan by the Customer, the Company reserves the right to retain all funds paid to cover the support and administration costs prior to the course.
e) At the discretion of a Director of the Company, it may be possible for the Customer to seek to transfer deposits and the funds already paid to be applied to another course, rather than cancelling. If this is done not less than 90 days prior to the start of the original course date, subject to the availability and numbers on other courses, the customer may transfer to another course. If the request is made within 90 days of the original course date all special offer or package prices applied to the booking cease to apply due to the increased logistical and administration costs incurred and the new agreed course date will be charged at full website price. The full course payment is required to be paid prior to the start of the original course date before the new course date is confirmed.
The amended attendance has to be made within 12 months of the original course date. If the amended attendance is not taken within the 12 month period the course will be deemed to have been used and no refunds of any kind will be payable.
f) If during training the Customer decides that continuation of the course is inappropriate (e.g. due to illness or other legitimate reason), provided the matter has been discussed with the trainer/coach, then at the discretion of a Director of the Company the Customer may be transferred to another suitable course provided by the Company at no charge .
g) The Company shall not be liable for the Customer not attending or abandoning the course, and will not refund fees to any Customer after the completion of the course to which the Customer was enrolled.
h) In order to maintain the standards of accreditation bodies, the Company shall not be liable for costs of Customers who do not successfully complete the training and gain the appropriate award and/or certification.
i) The Company shall not be liable to refund differences in fees that may arise when Customers make bookings at different times or for discounts negotiated.
j) If in the opinion of the trainer/coach a Customer has to be excluded from a course of training (e.g. for inappropriate behaviour), the Company will not make any refund.
7.2 If the Company cancels the Agreement, being for actions reasonably in control of the Company, pursuant to Goods or Services related to the provisions of clause 3, clause 4 or clause 5 not being delivered, the following shall apply;
a) The Customer will be notified as soon as possible and entitled to a refund of those monies paid and received by the Company, less any deposits paid for the cost of pre-course materials supplied to the Customer, or
b) The Customer shall be offered transfer to an alternative date and/or venue to attend an equivalent course
c) The Company shall not be liable for any other costs incurred by the Customer.
7.3 If the Company cancels the Agreement, being for actions outside the control of the Company, pursuant to Goods or Services related to the provisions of clause 3, clause 4 or clause 5 not being delivered, the following shall apply:
a) The Customer will be notified as soon as possible and at the discretion of a Director of the Company shall be offered transfer to an alternative date and/or venue to attend an equivalent course.
b) The Company shall not be liable for any other costs incurred by the Customer.
8 Delivery of Goods
8.1 The Company shall dispatch Goods upon receipt of payment to the Customer or nominated delegate, and not a third party.
8.2 The Company will dispatch the Goods using a third party.
8.3 The Company will not accept any liability for the late delivery of Goods or if the Goods were damaged during delivery.
8.4 The Company will not accept any liability for Goods not being delivered for reasons outside of the control of the Company.
8.5 The Company warrants that the Goods will be in good order at the time of dispatch.
8.6 The Customer will notify the Company if the Goods are not received within 7 days of the expected delivery date.
8.7 The Customer shall notify the Company of any defects in the Goods supplied within 7 days of receipt.
9 Warranty and Limitation of Liability
9.1 The Goods and Services provided under this Agreement are at the Customer’s request.
9.2 The Customer accepts responsibility for verifying that the Specification, Goods and Services are suitable for the requirements of the Customer or Delegates.
9.3 The Company will use all reasonable skill and care in the preparation, presentation and delivery of the Specification supplied. All other conditions, warranties, guarantees and representations whether express or implied, statutory or otherwise are excluded.
9.4 Other than specified in this clause, the Company liability for loss and damage whether arising in contract, tort or otherwise, shall be limited to a claim for damages. The maximum aggregate liability will be the charges for the Good and Services out of which the damage has arisen.
9.5 The Company will not be liable for indirect, special or consequential loss (including loss of anticipated profit or data) howsoever arising, even if the Company has been advised of such a potential loss.
9.6 No action regardless of form arising out of the provision of Goods and Services under this Agreement may be brought by either party more than two years after the cause of the action has been accrued.
10 Intellectual Property
10.1 The copyright and all other Intellectual Property Rights in all materials used to supply the Goods and Services shall remain the sole and exclusive property of the Company.
10.2 The Customer agrees not to copy, or permit the copying of all materials supplied as Goods and Services, nor disclose or permit the disclosure or sell or hire the same to third parties, nor use the same for running similar Services provided by the Customer unless the express and written permission of the Company is gained.
11 Times of Business
11.1 The Company shall normally operate office-based services between the hours of 09.00 to 17.30 Monday to Friday, excepting public holidays.
11.2 The Company will also provide Goods and Services that are Training related at times as agreed in the Specification; which shall usually be between the hours of 08.30 to 20.30, Monday to Sunday, inclusive.
12 Governing Law & Jurisdiction
12.1 This Agreement shall be governed and construed in accordance with the laws of England & Wales.
12.2 Modifications to the policy may be made, and the current version shall be that published on the Company website.
13 Affiliate Program
13.1 The purpose of this affiliate program is to provide an incentive to third parties to refer prospective clients for Bempowered Ltd products, seminars and trainings.
13.2 The affiliate program is administered on an individual basis and a Director of the Company will confirm inclusion in the program, in writing, which will also detail the terms of the agreement.
13.3 A referral is made when the referrer submits to the Company a third party’s name and contact details who is not currently in the Company database.
13.4 The referrer will receive a one-time previously agreed payment when the named referral either purchases a product or attends a Bempowered Ltd seminar or training and when payment has been made in full. Payment is only made on the first product purchased or training course package attended.
13.5 Any product purchase or Course enrolment must occur within one year of the referral’s entry into the Company database.
13.5 To ensure proper credit is given for referrals made, the referrer must send to the Company office an email with Referral in the Subject Line and the referrals name and details in the text box.
13.6 Entry into the Company database is usually made in conjunction with an information request for a training brochure, schedule, or information pack or upon enrolment in a seminar or training. The referrer must provide the company with all the necessary information at the time of a referral so that the company can provide an efficient and prompt service.
13.5 Referral credits will NOT to be paid on the following:
a) Enrolments made after the one-year period has expired.
b) Referrals given after a customer have already been entered into the Company database. This means they are an active customer at the time of referral and are not new to the Bempowered Ltd.
c) Additional products purchased, or trainings attended after the first product or seminar or training package as mentioned above.
d) Attendance at events where the Bempowered Ltd is not the sole organiser.
e) Any retrospective claims.