The Interview Coaches Limited

Terms and Conditions of Business for delivery of services

General

The Interview Coaches Limited is a Company Registered in England under Company Number 07028884 whose Registered Office is at 8 Hyperion Avenue, South Shields, Tyne & Wear, NE34 9AE (‘the Company’)

These terms and conditions of business form the contract between the Company and the Client. These terms and conditions will prevail over any other terms and conditions between the Company and the Client whether implied by law; by custom and practice or previous course of dealing in any previous contractual relationship that may exist between the Company and the Client.

Recitals

The Client wishes to receive the Services of the Company, and the Company has the skills, background and experience in providing the Services and is willing to provide the Services all subject to the provisions of these terms and conditions of business.

NOW IT IS AGREED as follows:

1     Definitions

In these terms and conditions of business the following words shall have the following meanings:

‘Services’ means all or any one or more of the following: CV design and or creation; CV tidy and or revision; covering letter design; preparation and delivery of a mock interview including evaluation and feedback, interview coaching techniques and ways to improve an individual’s performance during interview; or any other services expressly agreed to be provided by the Company to the Client.

‘Completion Date’ means the date or dates specified between the Parties in writing; or set out in the online order form, if any; or such other date as the Parties may subsequently agree by exchange of e-mails.

‘Price’ means the total amount specified either by exchange of e-mails; in writing; or in the order form. The Price is subject to V.A.T at the rate prevailing either at the date payment is made following receipt of a VAT invoice or at the time payment is taken online by credit or debit card.

2     The Services

2.1 The Company shall provide the Services to the Client subject to these terms and conditions of business.

2.2   Prior to the commencement of the Services, the Client shall submit to the Company an e-mail; or a written request; or a completed online order form detailing the Services to be provided. The e-mail; written request; or online order form shall specify what services the Client wants.

2.3 The Client acknowledges and accepts that the Company reserves the right in its absolute discretion to cancel the Agreement between the Company and the Client forthwith should there be any matter not previously made known to the Company by the Client that may affect the Price or the quality of the service provision or the ability of the Company to provide the Service.

2.4 Where the Company cancels the Agreement in accordance with clause 2.3, the Company may refund to the Client, where applicable and in the Company’s absolute discretion, all monies paid by the Client for the provision of the Services under this Agreement.

2.5 Where the Services require any licence; consent; or approval, then it is the responsibility of the Client to obtain any such consent or approval and, on request, to provide a copy of the same to the Company prior to commencement of the Services. If the Company has not received satisfactory evidence that any of the aforementioned has been obtained, then the Company may, in its absolute discretion, cancel this Agreement without notice and without any obligation to the Client whether financial or otherwise.

3     Performance of the Services

3.1 The Company shall use best endeavours to complete the Services as quickly as possible. However it is agreed that time is not of the essence for the provision of the Services and the provision of the Services is subject always to the availability of the Company’s employees or contractors, and the quality and clarity of the instructions given by the Client.

3.2 Time shall not be of the essence:

3.2.1 for any times for when the Services are to be performed, whether given or agreed to by the Company; or

3.2.2 for the length of time that any of the Services are to take, whether specified in writing; in e-mail format; or the online Order Form or otherwise.

4 Fees and payment

4.1 The Client agrees to pay the Company, at the nomination of the Company, either the full amount for the Services by credit or debit card online prior to the commencement of the Services; a deposit of 25 % on acceptance by the Company of the provision of the Services and the balance payable within 14 days of receipt of a final VAT invoice; or the full amount for the Services within 14 days of completion of the Services or within 14 days of receipt of a VAT invoice, whichever date is sooner.

4.2 All amounts stated for the Services are exclusive of VAT and/or any other applicable taxes which shall be charged in addition at the rate in force at the date any payment is required from the Client.

4.3 If payment of the Price is rejected, cancelled or recalled by the Client’s bank, building society or other financial services provider and work has commenced for the Client, the Company will be entitled:

4.3.1 to charge interest on the outstanding amount at the rate of 5% per annum above the base lending rate of Bank of Scotland plc, accruing daily;

4.3.2 not to provide any further Services or part of the Services.

5     The Client’s obligations

5.1 The Client acknowledges and agrees that for the Company to be able to provide the Services the Client shall, strictly for the purposes of performance of this contract:-

5.1.1 co-operate with the Company and the Company’s employees and sub-contractors as the Company reasonably requires;

5.1.2 provide to the Company such information and documentation as the Company reasonably requires;

5.1.3 provide all data, and materials .

6. Protection of Confidential Information

6.1 Each Party (‘Receiving Party’) shall keep the confidential information of the other party (‘Supplying Party’) confidential and secret, whether disclosed to or received by the Receiving Party. The Receiving Party shall only use the confidential information of the Supplying Party for performing the Receiving Party’s obligations under the Agreement.

6.2 The Obligations of clause 6.1 shall not apply to any information which:-

6.2.1 was known or in possession of the Receiving Party before it was provided to the Receiving Party by the Providing Party;

6.2.2 is, or becomes, publicly available through no fault of the Receiving Party;

6.2.3 is provided to the Receiving Party without restriction or disclosure by a third party, who did not breach any confidentiality obligations by making such a disclosure;

6.2.4 was developed by the Receiving Party who had no direct access to, or use or knowledge of the Confidential Information supplied by the Supplying Party; or

6.2.5 is required to be disclosed by order of a court of competent jurisdiction.

6.3 This clause 6 shall survive termination of this Agreement for a period of 6 years.

7     Warranties, liability and indemnities

7.1 The Company warrants that it will use utmost care and skill in performing the Services and to a standard which conforms to generally accepted industry standards and best practices.

7.2 If any part of the Services is performed negligently or in breach of the provisions of this Agreement then, at the request of the Client (if the request is given within 6 months of the Completion Date), the Company will re-perform the relevant part of the Services, always subject to Clause 7.4 and Clause 7.5 below.

7.3 The Company expressly does not warrant that any result or objective whether stated in this Agreement or not shall be achieved, be achievable or be attained at all or by a given date, or any other date, in particular but not limited to any warranty that the Client will obtain employment as a result of the provision of the Services.

7.4 Except in the case of death or personal injury caused by the Company’s negligence, the Company’s liability under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, shall not exceed the Price paid to the Company under this Agreement. The provisions of this Clause 7.4 shall not apply to Clause 7.6.

7.5 Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. The provisions of this Clause 7.5 shall not apply to Clause 7.6.

7.6 The Client shall indemnify and hold harmless the Company from and against all claims and losses arising from loss, damage, liability, injury to the Company, or the Company’s employees, and third parties, infringement of third party intellectual property, or third party losses by reason of or arising out of any information supplied to the Company by the Client, within or without the scope of this Agreement. ‘Claims’ shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); and ‘Losses’ shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever.

7.7 Each of the Parties acknowledges that, in entering into this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law. Nothing in this Agreement excludes liability for fraud.

8     Termination

The Company will use all reasonable endeavours to complete the Services under the Agreement. If the Company is unable to do so for reasons beyond its reasonable control then the Company may terminate the Agreement immediately.

9 Cancellation Fees

Where the Client cancels this Agreement before the Services have been commenced or completed by the Company the Client shall still be required to pay the full Price for the Services agreed under this Agreement. The Client shall not be entitled to any refund of the Price paid.

10    General

10.1    Force majeure

Neither Party shall have any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond the reasonable control of that Party. The Party affected by such circumstances shall promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than six months, either Party may terminate this Agreement by written notice to the other Party.

10.2    Assignment

Subject to the following sentence, neither Party may assign, delegate, sub-contract, mortgage, charge or otherwise transfer any or all of its rights and obligations under any Agreement without the prior written consent of the other Party. A Party may, however, assign and transfer all its rights and obligations under any Agreement to any person to which it transfers all of its business, provided that the assignee undertakes in writing to the other Party to be bound by the obligations of the assignor under any Agreement.

10.3    Entire agreement

These terms and conditions of business Agreement contain the whole terms and conditions applicable to any agreement between the Parties in respect of the subject-matter of any agreement and supersedes and replaces any prior written or oral terms and conditions of business or agreements, representations or understandings between them relating to such subject-matter. The parties confirm that they have not entered into any Agreement on the basis of any representation that is not expressly incorporated into these terms and conditions of business. Nothing in these terms and conditions of business excludes liability for fraud.

10.4    Waiver

No failure or delay by the Company or the Client in exercising any right, power or privilege under any Agreement shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in these terms and conditions of business are cumulative and not exclusive of any rights and remedies provided by law.

10.5 Agency, Partnership etc

This Agreement shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in this Agreement. Neither Party shall have, nor represent that it has, any authority to make any commitments on the other Party’s behalf.

10.6 Severance

If any provision of these terms and conditions of business is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these terms and conditions of business and rendered ineffective as far as possible without modifying the remaining provisions of these terms and conditions of business, and shall not in any way affect any other circumstances of or the validity or enforcement of any Agreement.

10.7     Interpretation

In these terms and conditions of business unless the context otherwise requires:

10.7.1 words importing any gender include each gender;

10.7.2 words importing the singular number include the plural number and vice versa;

10.7.3 words importing persons include firms, companies and corporations and vice versa;

10.7.4 references to numbered clauses are references to the relevant clause in these terms and conditions of business;

10.7.5 any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;

10.7.6 the headings to the clauses and paragraphs of these terms and conditions of business are not to affect the interpretation;

10.7.7 where the word ‘including’ is used in these terms and conditions of business, it shall be understood as meaning ‘including without limitation’.

10.8 Law and jurisdiction

The validity, construction and performance of these terms and conditions of business and any Agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit.

10.9 Third parties

For the purposes of the Contracts (Rights of Third Parties) Act 1999 these terms  and conditions of business and any Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.