Terms & Conditions
- Unless otherwise agreed in writing, these conditions of service (“Conditions”) apply exclusively to each transaction (“Contract”) for the provision of services (“Services”)
by the Coach (“Coach”) to a client of Services (“Client”) (together “the Parties”).
The Services offered include, but are not limited to, coaching, workshops, set up and 1. consultancy.
- The Coach is Pineapple White Media with a registered office at Greenfield Barn, Collin Lane, Broadway, Worcestershire, WR12 7PB.
- The headings used are for convenience only and do not affect the interpretation of these Conditions.
- Any dispute or question unresolved between the Parties shall be referred in London to a single arbitrator to be agreed. Should the dispute not be settled by way of arbitration within a period of 30 days from commencement of the hearing, or an arbitrator cannot be agreed, the unresolved dispute shall be heard by the courts of England who shall have jurisdiction in connection with the dispute.
- Each Contract will only confer rights and benefits on the Coach and the Client and no 2. third party will acquire any rights or benefits under the Contract or these Conditions.
- The Contract (Rights of Third Parties) Act 1999 is therefore excluded.
- The Contract may not be assigned by the Client but the Coach may assign or sub contract all or any of its rights or obligations.
- Any waiver by the Coach of any breach of the Contract by the Client will not be treated as waiving any subsequent breach of the same or any other provision. 1.
- Any notice given under these conditions must be in writing and be addressed to the registered office or principal place of business of the addressee or any other address as may at the relevant time have been notified of the correct address to service the documents. Any notice must be given by hand or sent by first class (airmail if overseas) recorded delivery post. E-mail is not effective notice. Notices may be faxed provided they are also sent in accordance with this Condition.
2. PRICE AND PAYMENT TERMS
- The price of the Services (“the Services”) is dependent on which package the Client selects and each package is a set price payable in advance and in full, as cleared funds. All prices for the packages are made clear on the website.
- Any additional provision of Services is charged at the rate stipulated on the invoice.
- The price of the Services will be payable upon booking, or within 7 days from date of invoice if a set up package is required.
- If the price is not paid in full when due then, without affecting any of the Coach’s other rights or remedies, the Coach may cancel the Contract or charge interest at 6% per year above Barclays Bank base rate at the time on all unpaid amounts.
- The Client agrees that the payment made for the Services is consideration to form a binding contract between the Coach and the Client and agrees and accepts these Conditions shall govern the .
3. INTELLECTUAL PROPERTY
- The Coach operates under the brand name `Pineapple White Media” including its pineapple logo.
- The Client is not permitted to use the logo without prior consent from the Coach, which it is not obliged to give.
- The Contract and provision of Services does not give rise to any rights in any intellectual property of the Coach.
- For Services where the Coach is responsible for the operation of the account of the Client, the Client warrants that the images and or logo’s and any other material it has requested to be publicised does not, to the best knowledge of the Client, infringe any third party intellectual property rights.
- Where Clause 3.4 is deemed to have infringed any third party property rights and the Client had knowledge of this, the Client shall indemnify the Coach against any and all costs associated with defending any claim made against the Coach, to include but not limited to legal costs, loss of profits, damage to reputation, loss of business, including any consequential losses suffered by the Coach.
4. CONFIDENTIAL INFORMATION
- The Coach understands that in providing the Services to the Client, the Client may divulge information that it regards as a secret and is confidential in nature.
- The Coach agrees that any information that the Client makes the Coach aware is confidential, (if made orally it must confirm at the time that the information is confidential, or if tangible information, it is marked `Confidential’), shall not divulge or disclose the confidential information to any third party, save for those parties who are required to know of the information to be able to perform the Contract.
5. LIMITATION OF LIABILITY
The Coach is not liable to the Client because of any representation (unless fraudulent), or any warranty (express or implied) or any other term, or any duty of common law, or under the express terms of the Contract, for:
Any loss of profit, business, contracts, opportunity, goodwill, revenue, anticipated savings, expenses, costs or similar loss; and/or
Any indirect, special or consequential loss or damage (whether for loss of profit or otherwise); Whether caused by the negligence, breach of contract or tort, of the Coach arriving out of or in connection with the Contract.
6. ENTIRE AGREEMENT
These Conditions set out the entire agreement between the Parties and supersedes
any previous agreements between the Parties in relation to the subject matter of the Contract. The Client acknowledges that in entering into this Contract is has not relied on any representation, warranty, agreement or statement not set out in these Conditions and that (in the absence of fraud) it will not have any right or remedy arising out of such
representation, warranty, agreement or statement and that its only remedy for breach of theseConditionsisforbreachofContactunderthe termsoftheseConditions.
The Coach operates a zero-tolerance to bribery and corruption and modern slavery and conducts its business in an honest and ethical manner. If it is determined that the Client is seeking to flout or disregard the laws as defined in the Bribery Act 2010 and/ or Modern Slavery Act 2015 and any other laws applicable to bribery and corruption in respect of any of the contracts entered into with the Coach, the Coach has the right to terminate the Contract/s immediately with no liability to the Client and the Coach shall co-operate fully with any authorities in respect of any investigation relating to any alleged or actual flouting or disregard of such laws. The Client shall indemnify the Coach against any losses, liabilities, damages, costs and expenses incurred by, or awarded against, the Coach as a result of any breach of these provisions by the Client.
The Client is only permitted to terminate the Contract if it is proven that there has been a breach by the Coach of any of the provisions of the Consumer Rights Act 2015.
8. LAW AND JURISDICTION
These Conditions and each Contract are governed by English Law and subject to clause 1.5 (arbitration clause) the Parties agree to the exclusive jurisdiction of the English Courts.