Terms and Conditions
THIS DOCUMENT COVERS:
Purchase Terms, Terms of Service, Waiver (Disclaimer)
These are the Terms and Conditions of Sheila Sharma of 3rd Floor 33 Great George Street Leeds West Yorkshire LS1 3AJ (SS)
1.General
a. ‘Client’ is any business which has contacted SS requesting information, or who has entered a Contract with SS for the provision of but not limited to online mentoring, coaching and RTT Therapy Services
b. ‘Contract’ – The legal agreement between SS and the Client for the provision of Services either as set out on the Website or contained in a Proposal.
c. ‘The Website: http:Prosper&Bloom.co.uk
d. ‘Proposal’- Customised Coaching Services offered to the Client by SS in accordance with their initial instructions supplied to SS and the Fee payable for these. The Proposal will be open for acceptance for 30 days from issue unless otherwise stated by SS in writing.
e. ‘The Fee’- The sum payable for the provision of the Services ordered by the Client as set out on the Website or in a Proposal and any additional sums agreed between the parties.
f. ‘Payment’ – can be by direct bank transfer,
g. ‘Days’- All the days in a week except Saturday, Sunday and Bank Holidays.
h. “Materials’ – all the training content that is provided by SS to the Client.
i. These Terms and Conditions will represent the whole of the Terms between SS and the Client. Any changes to these must be agreed in writing by SS.
2. The Contract
a. The Contract is made when the Client has either paid the fee or accepted a Proposal for the supply of Services and paid the initial Fee required.
b. The Contract once made cannot be cancelled by the Client.
c. A Contract from month to month will usually be for 3 months or such other term as agreed in writing between the parties. SS can terminate such a contract immediately should the Client commit a material breach of the Contract or these Terms and Conditions.
d. SS can terminate any Contract without liability if it is considered the Client is acting in a manner that could damage SS by their continued association.
e. The Contract can only be amended with the consent of SS in writing. The Client must accept that amendments requested by them may incur additional Fees and an extended Delivery Period.
f. If SS is unable to accept your order you will be informed as soon as possible.
g. SS has the right to discontinue the provision of any Services if it believes they could be libellous, illegal or a breach of any third-party rights.
h. SS will make no refunds.
i. The Client will have the opportunity to read these Terms and Conditions and any questions answered before entering the Contract and so the Client is accepting these Terms and Conditions by entering the Contract.
3. The Client’s Obligations
a. If the Client does not provide all the necessary details for the Services to be produced the Client will be contacted and must provide the outstanding information as soon as possible. The Client accepts that any such delay is acceptable due to their actions and their responsibility.
b. Information provided by the Client to SS must be complete, accurate and provided in good faith. Any changes in facts or relevant activities must be communicated to SS as soon as possible. The Client accepts that changes could lead to the Contract being amended to cover the change in circumstances.
c. Any delay in the provision of the Services arising from the failure of the Client to perform its obligations shall not be the responsibility of SS and the Client shall accept this.
4. The Services
a. The Services to be supplied under the Contract will be as set out on the Website or in a Proposal. Any amendment must be accepted by SS in writing and an additional Fee may be payable.
b. The descriptions of the Services by SS will be as accurate as possible and provided in good faith. The client acknowledges that certain information contained in the Materials may already be in the public domain and that certain aspects of the Materials are based on third party ideas and concepts.
c. The Client must satisfy themselves that the Services on the Website or Proposal meets its requirements before entering the Contract. SS is always willing to answer any questions or queries.
d. The Client must accept that the Services supplied may vary slightly from as set out on the Website or in a Proposal.
e. If the Client has any particular requirements that are essential to them, they must contact SS to discuss the matter before entering a Contract to ensure this is acceptable to SS.
f. SS reserves the right to amend the Contract where in its professional opinion such amendment will lead to an improved result for the Client.
5. The Fee
a. The initial Fee required must be paid before the Contract is made unless otherwise agreed in writing by SS. This will be through the an Invoice raised.
b. If the Fee is payable in instalments these must be paid on the due date or no further work will be carried out until payment in full is made.
c. In the event of continuous late or non-payment of invoices, SS reserves the right to request payment in advance before any future Services are supplied.
d. If a payment is not made within 30 days of the due date, then interest at 8% per annum above the current Bank of England base rate will be payable together with the current recovery fees.
e. All invoices must be paid in full without set-off, deduction or counterclaim.
f. If any instalment of the Fee is constantly not paid by the due date, then SS may require payment in full before providing any further Services. In extreme cases then SS may terminate the Contract without liability.
6. Third Parties
a. SS may refer or recommend the Client to other professionals or services that it is believed can assist the Client with their business. Whilst this will be done in good faith SS accepts no responsibility for the services provided by the Third Party.
b. The Client must satisfy themselves as to if the Third Party’s services are adequate for their requirements. Any contract is made direct between the Client and the Third Party and SS has no responsibility for payment of any fees.
7. Cancellation Policy
a. If the Client wishes to postpone an appointment with SS they must give a minimum of 24 hours’ notice and reschedule the appointment within seven days. If such notice is not given the appointment will be lost.
b. If a Client in unable to attend a group meeting this cannot be rescheduled, and it will be lost with no refund available.
8. Limitation of Liability
a. Should SS be prevented, hindered or delayed from performing their obligations under the Contract by circumstances outside of their control (including without limitation acts of God, flood, drought, earthquake, other natural disasters, epidemic or pandemic, a terrorist attack, war, civil commotion or riots, war, the threat of or preparation for war, armed conflict, the imposition of sanctions, embargo or breaking off diplomatic relations, nuclear, chemical or biological contamination, any law or action by government or public authority, the collapse of buildings, fire explosion or accident, any labour dispute or strike, non-performance by suppliers or subcontractors, interruption or failure of utility service, any action or order from the government, travel restrictions SS shall be relieved from performing their obligations and will not be in breach of the Contract or otherwise liable for any such failure or delay in the performance of such obligations.
b. The Liability of SS to the Client shall not exceed the Fee and any expenses charged.
c. SS is not liable for any indirect or consequential losses to the Client or any Third Party.
d. The Contract is exclusive to the Client and no Third Party shall have any rights under that Contract.
e. SS has no liability for any loss of profits, goodwill, reputation, special or indirect losses or any other business losses.
f. SS does not exclude liability for death or personal injury caused by the negligence of SS or their employees, agents or subcontractors or fraud or fraudulent misrepresentation.
g. It is assumed that the Client is purchasing the Services in the course for their own use unless advised in writing by the Client and this is accepted by SS.
h. The Client is liable for any reasonable costs, liability, damages, loss, claims or proceedings arising from loss or damage to any equipment including that of any third party caused by the client, its agents or employees.
10. Intellectual property
a. All copyright, trademarks and all other intellectual property rights in all Services, books, Materials, photos, artwork, and design shall remain always vested in SS. Any attempt to copy any designs, artwork, images, or materials or books, or reproduce, transmit, publish, display exploit, or create derivative items shall render the Client liable for damages.
b. Upon payment in full of the Fee SS will grant the Client an indefinite licence to use any material supplied under the Contract in the Client’s own personal use.
c. If the materials supplied by SS are used by a Third Party for any purpose, not in the Contract the Client will be liable to SS for damages and will take appropriate steps to ensure such use ceases immediately.
d. If the Client wishes to use the content of the Services in a way beyond the Contract it must obtain written consent from SS and pay any Fee requested before doing so.
e. Any licence given by SS to the Client will automatically terminate should the Client become insolvent, wound up or cease trading.
f. Inside my paid programmes, certain information contained in the Materials is already in the public domain and certain of the Materials are based on third party ideas and concepts, which are curated and combined with the perspective of SS for your own use.
11. Confidentiality
a. SS will keep all information supplied to them by the Client not in the public domain in connection with the Services private and confidential and this will continue for a period of two years after completion of the Services. SS may disclose such information to any subcontractor, supplier or employee to the extent necessary to provide the Services.
b. SS will not publicise any details of the Services provided to the Client without having obtained their written consent to do so but SS may refer to the fact that they are providing Services to the Client for their own use unless the Client expressly requests that they do not do so.
c. The Client will keep all information it discovers about SS and its employees strictly confidential. This includes information relating to their business methods, practices, employees, contractors and includes all information whether labelled as Confidential or not. This continues after completion of the Services.
12. Data Protection
a. All data supplied to SS by the Client will be kept safely in accordance with the General Data Protection Regulations (GDPR)and general UK legislation as set out in their current Privacy Notice.
b. The Client will similarly comply with all current data protection legislation when dealing with data regarding SS.
13. Complaints
a. The Client must raise any problem or complaint it has with the Services immediately the issue arises, and SS will seek to find a mutually acceptable solution.
b. The Client must, in any event, raise any Complaint about the Services within 14 days of completion of the Services.
c. The complaint must be put in writing addressed to their account manager at SS who will take steps to consult with the Client and find a solution.
d. If the Client remains dissatisfied with the Services, the matter will be passed to a Director who will take whatever steps they consider appropriate to resolve the issue.
14. Severance
If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.
15. Waiver
The waiver by SS of a breach, default, delay, or omission of any of these terms or the Contract by the Client will not be construed as a waiver of any preceding or subsequent breach of the same or other provisions.
16. Transfer
The Client may not transfer any of their rights under the Contract to any Third Party.
17. Law These Terms and Conditions are governed by the law of England and Wales.
Rapid Transformational Therapy TERMS AND CONDITIONS
Please read these terms and conditions which apply to the provision of our therapy service. By making an appointment, you are agreeing to the following terms and conditions. If you are unable or unwilling to agree to these terms and conditions, then you should not book an appointment or continue with your course of therapy.
FREE INITIAL CONSULTATION You may be offered a free 20 minute online initial consultation. No therapy will be provided during the consultation.
The purpose of this initial consultation is to estimates the number of sessions required to deal with your presenting issue are given on the basis of the information presented at that time. Estimates are only rough guidelines and are subject to change.
The Fee – for Online sessions must be paid before the contract is made unless otherwise agreed in writing by SS. No deposit is required for online sessions, however payment method for online sessions must be made by bank transfer before start of the session. Where payment is not received the session will be cancelled and may be offered to someone else. It is your responsibility to pay the session fees before each scheduled session in order to confirm the appointment booking.
Cancellation & rescheduling
If you need to cancel or re-schedule a session, please provide as much notice as possible. Notification must be made via email or phone call at least 48 hours prior an online session.
Refunds No refunds will be issued for cancellations within 48 hours of online sessions. Session fees are for my time and professional expertise and are not a guarantee of a successful outcome. Therefore, no refunds will be given for any sessions where you have attended and paid for the session.
Where a discount therapy package has been booked and paid for in advance, if you choose to discontinue your therapy process before attending all the sessions, a pro rata refund will be issued after deduction of the full standard session fee for any sessions you have had.
CONTACT Any contact between sessions will be by email info@prosper&bloom.co.uk
MEDICAL OR PSYCHOLOGICAL CONDITION
If you are receiving care or treatment from any medical, healthcare or therapy practitioner, e.g. GP, Psychologist, Psychiatrist or Counsellor, you may be asked to seek their permission before any therapy sessions can commence. Please note that I will be unable to offer my professional services if you suffer from epilepsy or any form of psychosis.
AGE RESTRICTIONS You must be at least 18 years old to participate in online sessions.
HYPNOTHERAPY RECORDINGS should not be listened to whilst driving, operating machinery or undertaking any other activity where concentration is required. Any recording provided is for your personal use only and must not be shared, lent, copied or sold under any circumstances.
Guarantees The agreement to work on the issues presented by you in no way implies or guarantees the resolution of your presenting issue(s). No outcome can or will be guaranteed. However, I will always endeavour to use my best efforts and skills to work towards your goals and intended outcomes.
CONFIDENTIALITY All contact, including sessions, telephone conversations and emails, will be conducted in confidence. All recordings, conversations and notes will remain confidential, except in the following.circumstances:
Where you give permission for confidentiality to be broken.
Where I am compelled by a court of law
Where the possibility of harm to yourself or others exists
Where a referring GP or other healthcare professional requires a report. A copy of the report will be available on request.
LIABILITY & INDEMNITY Under no circumstances will Sheila Sharma be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the advice or information provided to you during professional services provided by [practitioner name]. In addition, you agree to defend, indemnify, and hold [practitioner name] harmless from and against any and all claims, losses, liabilities, damages and expenses (including legal fees) arising out of your participation in the professional services.
GOVERNING LAW These terms and conditions and any other matters arising out of or in relation to these terms, shall be governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts to settle any dispute which may arise out of or in connection with these terms and conditions.
TERMS AND CONDITIONS UPDATES are subject to revisions without notice. Please familiarise yourself with any amendments if you have re-started therapy with me after a long period of absence.
DATA PROTECTION For my services, your personal data is collected, processed, used and stored in accordance with the following privacy policy: [link to privacy policy/statement]. By booking an appointment, you signify your acceptance of this Privacy Policy. If you do not agree to this policy, please do not book an appointment. The terms of this Privacy Policy may change from time to time without prior notice to you, so please check my website periodically for any changes.
CONCERNS & COMPLAINTS If you have a concern or complaint regarding your therapy, please discuss this with myself in the first instance and I will endeavour to resolve the issue.
STATEMENTS OF UNDERSTANDING
By signing the Client Agreement, you agree to abide by the terms and conditions of the Client Agreement. You also agree with the statements below:
I confirm that I have been advised by Sheila Sharma of the scope of the therapies that she provides and give my full consent to receiving therapy sessions from Sheila Sharma.
I understand that results may vary from person to person and the agreement by Sheila Sharma to work on the issues or problems presented by me, using whatever therapies are appropriate to my situation, in no way implies or guarantees the resolution of any presenting problems or issues. I understand that hypnotherapy or any other therapy or information provided by Sheila Sharma is not a replacement or substitute for medical, psychological or psychiatric treatment. If I have any doubts or concerns about my health, I will seek advice from an appropriate qualified healthcare professional.
I declare that, if advised by Sheila Sharma prior to or following any therapy sessions, to seek medical approval, I will consult with my GP, hospital consultant and/or other healthcare professional and gain the appropriate written approval for [practitioner name] prior to the next therapy session.
I have been advised that I am free to terminate any or all sessions at any time.
I understand that my level of motivation is vital in the therapy process, and I agree to participate to the best of my ability at all times, including making reasonable use of therapeutic suggestions during and between sessions, as well as listening to my audio recordings and/or carrying out other therapeutic tasks as appropriate.
I have accurately and truthfully answered any questions and provided background information during the initial consultation and /or first therapy session and will continue to do so during any subsequent therapy sessions.
CONFIDENTIALITY
By using the website you accept the terms, I consent that Sheila Sharma may release information to a specific individual or agency if it has been determined that I, as a client, am in imminent danger to myself or others; or if a subpoena of records has been requested.
I also understand that, at any time, Sheila Sharma may discuss aspects of my case with other colleagues keeping my full name and identity completely confidential always unless I have given permission otherwise.
