INTRODUCTION

You are entering into this agreement in the course of a business, not as a consumer and, each order for services that you make will be with Triskell Marketing Limited and will not be effective unless and until it has been accepted by us by email or in writing. We reserve the right to refuse any orders or requests for services.

WHAT WE WILL DO UNDER THIS AGREEMENT

Provide the services (together with session materials) that you order, which we have confirmed. Details of our standard services are set out on our website / attached as a schedule to this contract. Where bespoke services are required, those will be set out in a specification/proposal which we will provide to you prior to commencing the services.

We aim to respond to requests for services within two working days, excluding weekends and public holidays.

WHAT YOU AGREE TO DO UNDER THIS AGREEMENT

Supply us with any information and assistance reasonably requested, or otherwise necessary, or relevant for us to perform our obligations under this agreement.

Also, please note that the content of the services we provide are tailored to each individual/organisation on a confidential basis and must not be passed on to anyone else without our prior permission.

We are happy for you to show our materials to other people, as long as our identity as author always remains clear on the face of each document. However, this permission may be withdrawn at any time.

OWNERSHIP OF INFORMATION

Legal and beneficial title to all intellectual property rights existing in any documentation, data, know-how, methods and concepts, used or developed by us in providing the services, shall, as between you and us, belong to and will remain vested in us.

DATA

When you place an order, all personal data provided to us will be used in accordance with data protection laws and our privacy policy.

OUR PROMISE

We will use all reasonable care and skill in providing the services you order under this agreement, including the use of suitable and experienced associates, but we do not guarantee any results of the services. Any decision you make, having received any of our services, are your own and you remain wholly responsible for any decisions and actions you take.

CONFIDENTIALITY

The services are provided on a confidential basis and we will use reasonable endeavours to ensure that no elements of your order or the services are disclosed to any third party (other than our employee(s)/associate(s) who deliver the services to you), unless we are required to do so by law or any competent regulatory body. However, where possible, such disclosure will only be made after consultation with you.

Any confidential information received by either of us about the technical or commercial activities of the other will not be disclosed to any other person except to the extent that such information is public, other than as a result of the breach of any obligation of confidence.

PRICES

We will provide you with details of our fees (and any expenses) at the time of providing the service proposal. If you are happy with the proposal and our fee and expenses, we shall require you to confirm this by writing or email.

PAYMENT

In all cases (unless we agree otherwise) payment in full will be required before we deliver the requested services to you. Payment can be made by you by telephone transfer into the Triskell account or by sending us a cheque, with guarantee details.

DELIVERING THE SERVICES YOU ORDER

While we will endeavour to always deliver the service(s) (including session materials) on time, we will not be liable to you for any late delivery of the service(s) (including session materials), and time for delivery shall not be of the essence in this agreement, but we will try to let you know in advance if we are unable to deliver and agree another date with you.

WHAT HAPPENS IF THINGS GO WRONG?

We will try to resolve any problems promptly and to our mutual satisfaction.

However, if we are unable to do so, the total of our liabilities arising under or in connection with this agreement (whether arising from our negligence or from breach of this agreement or howsoever) will not exceed the price you have paid for any service(s) (including session materials) under this agreement.

We will have no liability whatsoever in connection with any loss or damage caused by the failure of the equipment you use in connection with this agreement.

Notwithstanding anything to the contrary in this agreement (whether this agreement continues in force or not) we will not be liable to you for any loss of contracts, loss of revenue, loss of use or profits or business or for any extra operating costs or any indirect or consequential loss whatsoever or howsoever caused.

Nothing in this agreement will operate so as to exclude or in any way limit our liability for death or personal injury caused by our negligence, or any other liability that may not be excluded or limited as a matter of English law.
We contract on behalf of our employees, subcontractors, freelancers and consultants for the purposes only of securing for them the benefit of protection under this section of the agreement.

AMENDING OR REJECTING AN ORDER

If you wish to cancel your order you may do so, provided we have not already started to provide the services. See our cancellation policy below.

We will confirm the details of your order by email or in writing. You should check them and you will then have 7 days, provided the services have not yet started, to amend your order. You should make the request in writing and we will use reasonable endeavours to incorporate your request into the services we provide. If any agreed staged payment is missed, the agreement is immediately cancelled and the fee immediately becomes payable in full.

Cancellation Policy for coaching/mentoring sessions
Fees quoted are for an entire programme of coaching/mentoring and any staged payment arrangements do not change the fact, that by committing to a programme of sessions, you are agreeing to pay the programme fee in full.

All cancellations to be made in writing and for cancellations

received more than eight weeks before the start of the block of sessions, we will refund 75% of the session fees

received three to eight weeks before the start of the sessions, we will refund 50% of the session fee

received within two weeks of the session will not result in a refund and the full fee will be charged, with the option of a replacement session time offered

Cancellation Policy for training courses
All cancellations to be made in writing and for cancellations

received more than eight weeks before the start of the course, we will refund 75% of the course fee

received three to eight weeks before the start of the course, we will refund 50% of the course fee

received within two weeks of the course will not result in a refund and the full fee will be charged

ENDING THIS AGREEMENT

This agreement will end when the service(s) (including session materials) ordered have been delivered and when we have received full payment for them.

Without restricting any other of our rights or remedies, either party may terminate this agreement immediately upon written notice in the event that the other commits a material breach incapable of remedy or fails to remedy any other material breach within 30 days of receipt of a written notice thereof or has a receiver, administrator or an administrative receiver appointed or becomes the subject of a resolution or order for winding up or bankruptcy.

APPOINTMENT OF ASSOCIATES

To enable us to provide you with the services in the most appropriate way, we have the right to assign or sub-contract the whole or any part of this agreement to associates of our choice without your prior consent.

The services we provide are tailored to your needs, but if you want anyone else to receive the services and make the payments you must seek our prior written consent.

UNFORSEEN EVENTS

We are entitled to delay or reduce the level and/or scope of service(s) (including session materials) if we are prevented from or hindered or delayed in obtaining or delivering the services (including session materials) as a result of any circumstances beyond our reasonable control.

GOVERNING LAW

This agreement is governed by and construed in accordance with English law and is deemed to have been made in England and we both agree to submit to the non-exclusive jurisdiction of the English courts.

The headings in this agreement are for reference only and do not affect their construction.

All terms in this agreement, which are either expressed to survive or which are by implication intended to survive termination or expiry of this agreement, will continue to survive after the termination or expiry of this agreement.

GENERAL ISSUES

This agreement is the entire agreement between us and it supersedes any previous agreement between us relating to any services we provide, unless otherwise agreed in writing by us both.

We both agree that by entering into this agreement, neither of us has relied on, and is not able to have any remedy for any statement, promise, representation or understanding (whether it is made negligently or innocently) of any person other than what is expressly promised in this agreement. The only remedy available for breach of the promises in this agreement is for breach of contract. Nothing in this paragraph attempts to limit or exclude any liability for fraud.

No failure or delay in enforcing any of our rights under this agreement will prejudice or restrict those rights. If we waive our rights to require you to comply with this agreement it will not operate as a waiver of any further exercise of that right and a waiver of any breach will not operate as a waiver of any subsequent breach.

We both agree that each provision of this agreement is severable and distinct from any other. If any part of this agreement is found to be illegal, invalid or unenforceable in whole or in part, we both agree that the legality, validity and enforceability of the remainder of this agreement is not affected.

No terms of this agreement are intended for the benefit of any third party, except where expressly stated in this agreement, and we both agree that it is not intended that any term of this agreement should be enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999. If you chose to make an order, these terms and conditions only apply to that order and not any future orders.

We recommend that you print off a copy of these terms and conditions of business (Version 2005:1) or save them electronically for your information and reference.

TRISKELL MARKETING LTD. Registered in England No: 4620974

Registered office: Burlington House, 40 Burlington Rise, East Barnet, Herts EN4 8NN England.