OUR TERMS AND CONDITIONS

The following Terms and Conditions (“Ts&Cs”) apply to all Services provided by Construction Coach.

The term ‘Construction Coach’ or ‘us’ or ‘we’ or ‘our’ refers to Construction Coach of [ Suite 662, 109 Vernon House, Friar Lane, Nottingham, NG1 6DQ].

The term ‘Client’ means the organisation or person who purchases Services from Construction Coach and by accepting a Proposal or making use of the Services or making payment of an invoice to use the Services supplied acknowledges that they have read, understood and agreed to these Ts&Cs to the exclusion of all others.

 

GENERAL

All work is carried out by Construction Coach on the understanding that the Client has agreed to Construction Coach’s Ts&Cs.

Construction Coach will keep confidential and will not disclose to any third parties or make use of materials or information communicated to us in confidence for the purpose of the project, save as may be reasonably necessary to enable Construction Coach to carry out our obligations in relation to the project.

Construction Coach reserves the right to change any rates and any of the Ts&Cs at any time and without prior notice.

 

PROJECT ACCEPTANCE

At the time of proposal, Construction Coach will provide the Client with a written estimate or quotation. The Client may send an official order or an email acknowledging acceptance of the quotation, which binds the Client to accept Construction Coach’s Ts&Cs. No work will commence until acceptance of the quotation has been received by Construction Coach.

 

CONTRACT

The acceptance of the proposal and these Ts&Cs constitute a Contract between Construction Coach and the Client and both Parties agree to enter into such a Contract.

The order of precedence of those documents is: the Proposal followed by these Ts&Cs.

 

CLIENT’S OBLIGATIONS

The Client shall provide Construction Coach with such information, support, co-operation and facilities as may be necessary in order to provide the Services.

 

PAYMENT

Payment by the Client will be strictly in accordance with the schedule and arrangements detailed in the Proposal.

Payments may be made by online transfer or via standing order. For both, please refer to the bank details in the Proposal.

If payment is not made in full as detailed within the Proposal, then Construction Coach reserves the right to claim statutory interest at 8% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.

The above notwithstanding, all new Clients are required to pay in full prior to Construction Coach commencing work.

 

COPYRIGHTS AND TRADEMARKS

By supplying text, images and other data to Construction Coach for inclusion in the Client’s project, the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by Construction Coach on behalf of the Client, will remain the property of Construction Coach until full payment has been received.

The Client agrees to fully indemnify and hold Construction Coach free from harm in any and all claims resulting from the Client in not having obtained all the required copyright, and/or any other necessary permissions.

 

ALTERATIONS

The Client accepts that any alterations to the Services must be agreed in writing by both parties and that changes required over and above the original Services or required to be carried out after acceptance of the proposal may be liable to a separate charge.

 

EXPENSES

Construction Coach’s expenses form part of the price. However, where extra expenses or time are incurred by Construction Coach as a result of alterations to the Services, the Client accepts that the Client shall be liable for any such fees or expenses.

 

CANCELLATION

Should the Client cancel a session or other of the Services, Construction Coach will work with the Client to reschedule the session or Services within a mutually agreed but reasonable timescale.

Construction Coach shall not give refunds for any session or Service which is cancelled and cannot be rescheduled for any reason whatsoever.

 

TERMINATION

This Services will commence on the agreed date and will continue unless and until terminated

• as provided by the Ts&Cs; or
• upon completion of the Services; or
• by either party giving to the other not less 1 months’ prior written notice; or
• if the other party should be in material breach of any provision of this Agreement on its part to be observed and performed and either such breach is incapable of remedy or the other party shall have failed to remedy such breach 30 days after receiving notice requiring it to remedy such breach; or
• if the other party is unable to pay its debts (within the meaning of Section 123 of the insolvency Act 1986) or becomes insolvent or an order should be made or a resolution for the administration, winding-up or dissolution of the other party (otherwise than for the purpose of amalgamation of reconstruction on) or an encumbrance; or
• if the Customer being an individual shall die or have a receiving order made against him or commit any act of bankruptcy.

Upon termination of this agreement the following shall become immediately due:

• Any and all outstanding invoices;
• Any costs accrued up to termination date not already subject to invoice;
• Any costs incurred by Construction Coach upon termination of the Services.

 

DISCLAIMER

Construction Coach makes no warranties of any kind, express or implied, for any and all Services that it supplies.

Construction Coach will not be held responsible for any and all damages resulting from the Services it supplies.

Construction Coach is not responsible for any loss, or consequential loss, or non-delivery of the Services, of whatever cause.

Any claim against Construction Coach shall be limited to the relevant fee(s) paid by the Client.

Construction Coach reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Ts&Cs. Construction Coach will not knowingly perform any actions to contravene these and the Client also agrees to be so bound.

 

WARRANTIES

Both Parties warrant that they are authorised and permitted to enter into the Contract, and have obtained all necessary permissions and approvals.

Both Parties warrant and undertake that they are not aware as at the date of the Proposal acceptance of anything within their reasonable control which might or will adversely affect their ability to fulfil the obligations under the Contract.

 

WAIVER

No exercise, or failure to exercise, or delay in exercising any right or remedy by either Party shall constitute a waiver by that party of that or any other right or remedy.

 

GOVERNING LAW

The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

The Parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England over any claim or matter arising under or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).

 

MEDIATION

If at any time any question, dispute or difference whatsoever shall arise as to the formation, meaning, operation, validity or effect of the Contract or the rights, duties or liabilities of the parties under or by virtue of it or otherwise or any other matter in any way connected with or arising out of the subject matter of the Contract, either party may give to the other notice in writing of the existence of such question, dispute or difference and the same shall be referred to a mutually agreed Third Party Mediator within 14 days of such notice.

 

ARBITRATION

If an attempt at Mediation should fail then the dispute or difference shall be referred to the arbitration of a single arbitrator to be agreed upon by the parties within 14 days of the failure of such an attempt, or in default of such agreement, to be nominated by the President for the time being of the Law Society of England and Wales such arbitration to be conducted in accordance with the Arbitration Act 1996.

 

SEVERABILITY

If any term or provision in the Contract shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law that term or provision or part shall to that extent be deemed not to form part of the Contract and the enforceability of the remainder of the Contract shall not be affected.

 

FORCE MAJEURE

Neither party shall be liable to the other for delays in performance attributable to acts, occurrences, events or illnesses beyond the reasonable control of such party.

 

HEADINGS

The headings in these Ts&Cs are for convenience only and are not intended to have any legal effect.

 

THIRD PARTY RIGHTS

A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

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