Terms & Conditions
Correct as of 3rd December 2018.
DEFINITION: These terms of business apply to any work ("the work") undertaken by Up+thrive ("I”, ‘me”) and arising from verbal or written instructions given by a Client ("the Client" "you" "they" "their").
ABIDE BY TERMS: By using this organisation and services, you will be deemed to be aged 18 or over and to have read and understood, and agree to be bound by, our Terms and Conditions. Where you are entering into an agreement on behalf of an organisation you confirm that you have the legal right to do so.
SUPPLY OF GOODS AND SERVICES: I will deliver the project as outlined in the proposal, in return for a fee. In addition I will charge for all reasonable expenses
All services are provided to the best of my ability, based on personal experience, information and facts you provide. Any opinion, statement, recommendation or anything whatsoever shall not form a guarantee.
Proposals are valid for 30 days from the date of the Proposal. Acceptance of a Proposal is deemed an order and must be confirmed by the client in writing (e-mails are accepted). I reserve the right to refuse to accept any order.
The Client confirms that they are responsible for their own results. The Client holds Up+thrive free from all liability and responsibility for any actions or results or adverse situations created.
If I make recommendations for external parties I take no responsibility for the quality of service that the client receives. This recommendation does not form any endorsement or guarantee
INSTRUCTIONS: The Client shall be solely responsible for providing Up+thrive with all the necessary information in connection with the project, and Up+thrive shall not be responsible for any shortcomings in such information.
PRICES AND PAYMENTS: The fee as specified in the proposal shall include all costs of delivering the project, except expenses unless otherwise agreed.
Expenses means all reasonable costs (travel, accommodation, phone calls,printing, postage) incurred by Up+thrive in connection with delivering the work
Any estimates of the whole or any part of the fee is given in good faith and shall be treated as an estimate only and any errors and omissions shall be excepted.
Fees as quoted in the proposal shall be valid for 30 days from the date of issue.
Payment of the fee shall be made in pounds sterling 28 days from date of invoice. Late payments may incur a fee of late payment interest (under the Late Payment of Commercial Debts Interest Act, 1998)
Up+thrive has the right to vary or increase the fee or expenses stated in the proposal if the client requests an alteration after it has been agreed.
VENUE: The client is responsible for securing a venue that has sufficient conditions to allow effective training to take place. The room needs to be large enough to comfortably seat all the delegates and have space for tables for them to use for small discussion groups. Where it is not possible to fit in the tables a separate breakout room should be provided
It is the responsibility of the client to ensure the venue contains all the necessary training equipment and the room is set out and the equipment ready prior to my arrival.
Refreshments will also be provided as stated and agreed in the proposal at no cost to Up+thrive.
INTELLECTUAL RIGHTS AND PROPERTY RIGHTS: Copyright and all Intellectual Property rights of all materials both written and pictoral, and any other work produced by Up+thrive will remain the sole property of Up+thrive and must not be reproduced or amended without prior consent.
Work carried out during the course of the project is for the sole use of the client only and shall not be used for any purpose other than that
CANCELLATION: The Client must inform Up+thrive in writing if work needs to be cancelled or postponed. On cancellation or postponement to the project or any part of it for any reason Up+thrive shall retain the copyright.
Cancellation policy for workshops is as follows:
a) If a cancellation is made within 6 weeks of the agreed course date 50% of fees and any reasonable costs incurred to date will be payable.
b) If a cancellation is made within 7 days of the agreed course date 75% of fees and any reasonable costs incurred to date will be payable.
c) If a postponement is made within 6 weeks of the agreed course date and is rescheduled within 3 months of the original date no fee will be charged, but any reasonable costs incurred to date will be payable.
d) If a postponement is made within 7 days of the agreed course date and is rescheduled within 3 months of the original date 25% of the fee and any reasonable costs incurred to date will be payable. (Any course not rescheduled to take place within the three months from the agreed date will be considered as a cancellation).
Cancellation for consultancy is as follows:
The Client may stop at any time subject to the following provisos:
If the Client terminates the project upon completion of a stage then they shall pay Up+thrive’s fees and expenses up to the end of that stage. This will be calculated by the number of hours worked to date, and any expenses occurred.
If the Client cancels the project during a stage the Client agrees to pay the full agreed fee for that stage and all expenses incurred up to the cancellation including any expenses relating to work that may have been commenced but not presented.
CONFIDENTIALITY: Both the client and Up+thrive agree that the specifications, documentation and information relating to our services are confidential.
During a workshop statements made by participants may be shared with the client but will not be attributed to an individual.
CREDIT AND REFERENCING:You confirm that I reserve the right to include, without any notice or payment due to you, details of any services provided for my use either on my website or within any printed portfolio, as an example of our work.
TIME ESTIMATE: Unless I have specifically agreed otherwise in the agreed proposal, times are estimated only. I will use all reasonable endeavours to complete my services within any time estimate that I give.
I will not be liable for any loss or damage suffered because of any unavoidable or reasonable delay in completion, including third party involvement and your failure to deliver items such as documents or information. I will keep you informed to the best of my knowledge about any delays.
LIMITATION OF LIABILITY: Up+thrive will carry out the work commissioned to a proper professional standard but otherwise it cannot and does not accept any liability for any loss suffered by the Client arising from or out of the work or any consequent product.
GENERALLY: These Terms and Conditions supersede any and all prior representations, understandings and agreements between you and us.
We reserve the right to vary these Terms and Conditions at any time and such variation takes effect when they appear on our website or we forward them to you, whichever is sooner.
These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
Kathryn Eade, Director of Up+thrive