Terms and Conditions


1. Application of these terms: We value clear and transparent communication. These terms of business apply to all dealings between you (the client) and us. ‘Open Workshop’ are our training programmes that are open to the public. For corporate and in-house work, we provide a project proposal and our terms and conditions up front to help projects – and relationships – run smoothly once work begins. We also provide some products and services on or through the internet.

2. Instructions: We will carry out work which is chargeable to you only o When you book on an Open Workshop; or o When you purchase a product of service online; or o In accordance with a project proposal or service offering agreed between you and us, and/or as otherwise instructed by you.

3. Performance of consultancy & advisory: We will use our best endeavours to fulfil your business requirements in accordance with the project proposal and/or instructions.

4. Distance selling and ‘consumers’: Our products and services are principally provided on a ‘business-to-business’ basis. If you are a ‘consumer’ and trading with us as such, you may have additional statutory rights. Whatever your status, by making your payment to us, you are requesting us to start work on your project and/or provide the services you have ordered. Please note: You will not, unless we agree otherwise, be able to cancel your contract with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or on any other basis once we have started performance of services for you or once you have downloaded a paid-for product.

5. Fees: Open Workshops and online services/products are offered at standard fees as shown on our website (if applicable). Online purchases are non-refundable once purchased. For corporate and in-house projects, our consulting fees will be specified in our quotation or proposal. Charges for additional time, and rechargeable expenses, will also be set out there. Fees are subject to VAT or other applicable sales taxes. Bookings, overruns and rescheduling: Dates of bookings have to be agreed in advance between us. When we have booked meetings or workshops with you within a Project, we have committed that time to you and may well have rejected other fee-paying work for that slot. We shall have the right to charge for all booked time, whether or not you use it, and to charge additional fees at the project rate for time overruns on meeting and workshop schedules. o Group Workshop cancellations: You have the right to do the following up to 31 days in advance of a group training programme with no charge:

– ask for a different facilitator – change the workshop content – change the participant numbers – change the location – cancel the training With regards to the above, client shall be entitled to a refund of any pre-paid fees and shall not be obligated to pay any unpaid, provided that Client shall reimburse Heart in Business for any out of pocket expenses actually incurred by Heart in Business prior to receipt of the Cancellation Notice, including any non-refundable travel and lodging expenses, and the costs incurred with respect to any custom or other content for the Services. o Group Workshop Cancelation charges – 31 days or more before training 0% – 15-30 days in advance of the training 50% – 14 days in advance of the training 100% o 1-2-1 Coaching cancellations: You have the right to do the following up to 7 days in advance of a 1-2-1 session with no charge: – ask for a different coach – change the session content – change the location – cancel the coaching o Cancelation outside of 7 days for 1-2-1 work – 7 days or more before training 0% – 6 days or less in advance of the training 50% – 48 hours or less in advance of the training 100%

6. Payment terms: We may invoice unbilled fees and expenses in advance, or in stages as the project proceeds. Invoices are payable within 14 days unless otherwise agreed in writing. We shall be Heart in Business Ltd entitled to withhold and/or reschedule services while amounts payable to us are overdue.

7. Confidentiality: We will treat all information received from you (except information published generally by you) as strictly confidential and will only use or disclose it as may be required in the performance of services.

8. Copyright: On payment of our invoices, you acquire a royalty-free, nonexclusive licence to use, for your own internal purposes only, the materials produced by us during the consultancy;

o This licence does not include the right for you to authorise any other person or organisation (including associated companies or firms and subsidiaries) to use those materials;

o This licence does not include the right (unless expressly agreed in writing by a Heart in Business Ltd Director on a case by case basis) to use those materials for training any other individual, writing any article or blog, or producing or contributing to any manual or any other published material.

9. Open Workshops: o Confidentiality: If you are participating in a public session you must refrain from disclosing any information that could be regarded as slanderous, libellous, breach of contract or breach of data protection rules on your part. You are not ‘off the record’ in any way in a public session. o Recording: We may record and monitor courses. We may publish the complete recordings or edited highlights. You agree that all property rights in public sessions belong exclusively to us. o Participant substitution: Substitution of participants is freely allowed, provided that each place on a programme may only be taken by one person for the duration of the whole programme. o Rescheduling, cancellation and variation: If the session does not run on the date/time advertised for any reason, we will offer an alternative session (from the list of available dates). We shall have the right to change the facilitator(s)/trainer(s)/coach(es) at our absolute discretion. If a venue is involved, we reserve the right to change the venue (within the same broad area). o Once you have booked on an Open Workshop, your place is non- refundable. You may change the date of your participation, provided you give no less than two weeks prior notice for a one-day programme, or not less than one months’ notice for a programme of more than one day.

10. Disclaimer: Advice given and documentation drafted by us is designed to support and supplement and focus your efforts, and give you guidance and encouragement. But your engagement is essential to the results you will achieve, and although we are confident of our processes, the quality of our inputs, and are proud of our track record over the years, we cannot guarantee particular outcomes for you.

11. Our trainers and coaches: We take a lot of time to select and train our trainers and coaches. We hope you are delighted with their work – please let us know so that we can pass on your comments. If you are not completely delighted, please let us know why not – you’ll help us improve our service, and we’ll be grateful. Our trainers and coaches are under contract with us to work for you through Heart in Business only. If you want to book repeat or further work, please ask us and we’ll be delighted to assign them to your project. Do not ask them directly (as you would be encouraging them to break their contracts with us).

12. Complaints procedure:

We aim to meet or exceed your expectations. If you have any complaint about our services, please apply in writing to us without delay.

13. Exclusion and limitation of liability: o Our fee rates are determined on the basis of the limits of liability set out in these Terms of Business. Before contracting for work to be done, you may request that we agree to a higher limit of liability (provided insurance cover can be obtained therefor), in which case our fee rates may be adjusted upwards. o Any personal liability of any of our directors, partners, employees, agents or sub-contractors arising in any way out of the performance or non-performance of the consultancy services is hereby expressly excluded. o We shall have no liability for any indirect or consequential losses or expenses suffered by you, however caused, including, but not limited to, loss of anticipated profits, goodwill, reputation, business receipts or contracts, or losses or expenses resulting from third party claims. o Subject to the terms of the next paragraph, our aggregate liability to you, whether for negligence, breach of contract, misrepresentation or otherwise, shall in no circumstances exceed the cost of the provision of the services which gives rise to such liability in respect of any occurrence or series of occurrences. o Nothing in these Terms shall be interpreted as excluding or restricting any legal liability for death or personal injury resulting from our negligence or the negligence of our employees, agents or sub-contractors.

14. Termination: Further work on a project may be terminated at any time by either party, by notice in writing to the other party, without prejudice to the obligation to pay for all fees and expenses already incurred. Firm commitments entered into are to be honoured, whether for performance before or after actual termination date.

15. Force majeure: We will not be liable for failure to provide services where it is not reasonably practicable to do so due to circumstances beyond our control.

16. Interest: We reserve the right to charge interest on overdue amounts (see clause 7) at the rate of 2.22% per month (equivalent to our unauthorized overdraft rate from the bank). Subsequent payments will be applied to interest and finance charges first, and then applied to fees/costs outstanding.

17. Applicable Law: All contracts for the supply of goods or services by Heart in Business Limited shall be governed by the laws of England and exclusively justiciable in the English courts.