Coaching Support Service Terms and Conditions

Welcome to the Coaching Support service from Best Practice Network. Please take the time to read and understand these terms and conditions. They govern your (your or you) use of the Coaching Support service.

Once you complete the online application and payment, you agree to the terms and conditions as a legally binding contract between you and Best Practice Network. If you do not want to agree to these terms and conditions, we’re sorry but this agreement will have to end here.

1. Basis of agreement

1.1. These terms apply to the Coaching Support Service offered by Best Practice Network (“the Company”)
1.2. Any Order which you seek to place with the Company through the Company’s website or otherwise constitutes an offer by you to purchase a place on the Coaching Support service subject to these terms and conditions to the exclusion of all other terms and conditions.
1.3. Your Order shall only be deemed to be accepted by the Company when payment is confirmed and the Company notifies you in writing, usually by automated email, that your application is approved on which date (the Commencement Date) a contract between you and the Company shall come into existence on the basis of these terms and conditions and any additional terms set out in the Company’s notification of approval (the Contract).
1.4. The Contract constitutes the entire agreement between you and the Company. You shall not be entitled to rely on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.
1.5. Any example coaching or training sessions or presentations, descriptive matter or advertising issued by the Company and any illustrations or descriptions of the programmes contained in our catalogues, brochures or website are issued or published for the sole purpose of giving an approximate idea of the programmes described in them. They shall not form part of the Contract or have any contractual force except where expressly provided in these Terms and Conditions.

2. Charges and payment

2.1. The charges for the service (the Charges) shall be as described on our website and on our applications portal at the Commencement Date.
2.2. Payment in full of the Charges shall be received by the Company in advance of the Commencement Date through our online payment provider Stripe.
2.3. Should the Charges not have been paid in accordance with the Contract you will not be permitted to commence with the coaching support service.
2.4. All amounts payable by you under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being.
2.5. Subject to clause 3, Charges are non-refundable.

3. Cancellation

3.1. You may cancel the Agreement by notice in writing at any time up to 14 days after the application approval date (subject to clause 3.4). It is your responsibility to ensure and confirm that any notice of cancellation has been received by the Coach and that you have received an acknowledgement of receipt from the Company.
3.2. In the event of your cancelling the Agreement other than in accordance with clause 3.1 any Charges paid will be retained by the Company as outlined below.
3.3. In the event of your being unable to attend a coaching session on the date you originally booked you must inform your Coach directly to re-schedule the coaching session no less than 48 hours before the agreed coaching session date. If the cancellation is within 48 hours of the agreed coaching session, the Coach and Company will use reasonable endeavours to accommodate requests for transfers to alternative dates but shall be under no obligation to grant such requests. If it is not possible to arrange for you to attend an alternative coaching session date the session will be considered void and any Charges paid will be retained by the Company.
3.4. All cancellations must be sent to us in writing by email to cpd@bestpracticenet.co.uk. We cannot accept verbal course cancellations.
3.5. Substitute delegates cannot be used, unless approved in writing by the Company.

4. Sickness and Ill Health

4.1. If our performance of any of our obligations under the Contract is prevented or delayed due to sickness or ill health or the sickness or ill health of any of our coaches or employees we shall inform you as soon as is reasonably practical and such sickness or ill heath shall constitute a Force Majeure Event for the purposes of clause 8.1.

5. Intellectual Property Rights and Confidentiality

5.1. All Intellectual Property Rights (defined below) in or arising out of or in connection with the Contract and in the Materials shall be owned by the Company and nothing in the Contract shall grant you any Intellectual Property Rights.
5.2. For the purposes of this clause 5, Intellectual Property Rights means all patents, rights to inventions, utility models, copyright and related rights, trade-marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
5.3. This clause 5 shall survive termination of the Contract.

6. Limitation of Liability

6.1. Nothing in these Conditions shall limit or exclude our liability for:
6.1.1. death or personal injury caused by our negligence, or the negligence of our employees or subcontractors;
6.1.2. fraud or fraudulent misrepresentation; or
6.1.3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
6.2. Subject to clause 6.1:
6.2.1. we shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
6.2.2. our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Charges paid under the Contract.
6.2.3. Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
6.2.4. This clause 6 shall survive termination of the Contract.

7. Termination

7.1. Without limiting our other rights or remedies, we shall have the right to terminate the Contract or cancel any Order immediately by notice to you.

8. General

8.1. Force majeure:
8.1.1. For the purposes of this Contract, Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
8.1.2. We shall not be liable to you as a result of any delay or failure to perform our obligations under this Contract as a result of a Force Majeure Event.
8.1.3. If the Force Majeure Event prevents the Company from providing any of the Services for more than 6 months, we shall, without limiting our other rights or remedies, have the right to terminate this Contract immediately by giving written notice to you.
8.2. We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the Contract and may subcontract or delegate in any manner any or all of our obligations under the Contract to any third party.
8.3. No failure or delay by the Company in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise.
8.4. If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
8.5. Except as set out in these terms and conditions, any variation, including the introduction of any additional terms and conditions, to the Contract shall only be binding when agreed in writing and signed by the Company.
8.6. This 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, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

9. Disclaimer

While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

10. Governing Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts. We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. If you access these Websites from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.