TERMS

Home Awakening Ltd - Terms of Business

We are so pleased you have decided to use our services or resources - please read the following important terms and conditions before you commit to using them.

This contract sets out:

your legal rights and responsibilities;
our legal rights and responsibilities; and
certain key information required by law.

Our intention is that it will bring clarity to our relationship, protect both of us and take care of the business side of things so that we can get on with the good stuff! Please let us know if there are any clauses that you do not understand or that contradict your understanding of our services.

In this contract:

‘Company’, ‘we’, ‘us’ or ‘our’ means Home Awakening Ltd and
‘Client’, ‘you’ or ‘, your’ means the person buying or using my services and resources.

If you would like to speak to us about any aspect of this contract, please contact us by email at [email protected]

BACKGROUND

We provide business and brand coaching. Because we only provide coaching to businesses, consumer protection legislation does not apply to this agreement.

Home Awakening Ltd registered office at 15 Victoria Mews, Mill Field Road, Cottingley Business Park, Bingley, England, BD16 1PY.

INTRODUCTION

If you sign up for my coaching services (‘services’) including all online programs and courses and 1:1 consultancy and coaching you agree to be legally bound by this contract.
If you use any of my free resources (for example, masterclasses, workshops, workbooks, discovery sessions or any other resources we may offer free of charge from time to time) you also agree to be legally bound by this contract as appropriate, excluding the clauses relating to payment.
When buying any services or using any resources you also agree to be legally bound by:

our website terms of use and privacy policy;
extra terms which may add to, or replace, some of this contract, for example, any specific written contract between us;
specific terms which apply to our services, for example, programme or service descriptions which may be set out on the webpage for that programme or in email correspondence between us ‘services description’). If you want to see these specific terms, please visit the relevant webpage for the programme or look at the services description we have sent you in an email or request it from us. All these documents form part of this contract as though set out in full here.

SIGNING UP FOR OUR SERVICES

Below, we set out how a legally binding contract to buy services between you and us is made:

You place an order either on the site by clicking on the relevant payment link placing your order and making payment does not, however, mean that your order has been accepted.
Any quotation given by us before you place an order for services is not a legally binding offer by us to supply such services. Any prices set out in a quotation remain valid for 7 days.
When you decide to place an order for services with us, this is when you make a legal offer to buy such services from us.
We may contact you to say that we do not accept your order, for example, if we do not think our services are right for you or there has been a mistake in the pricing or description of the services, or our circumstances have changed since we gave you the quotation for the services.
We shall only accept your order when we confirm this to you by sending you a confirmation email or start to provide the services, whichever happens, earlier. At this point:

a legally binding contract will be in place between you and us, and
We shall start to carry out the services as set out in the programme description on our website or in a services description agreed between us.

CARRYING OUT THE SERVICES

We shall carry out the services with reasonable care and skill.
We shall carry out the services within the time period which is set out in the description of the relevant service.
All coaching sessions whether in the program, group coaching or 1:1 (including rearranged sessions) must be taken within the timeframe specified in the description of the services or they will expire.
You can rearrange any [one] coaching session during a coaching programme providing you give us at least 24 hours notice. If you give us less than 24 hours notice, fail to turn up for a session or have already rearranged one session in a coaching programme, you will be deemed to have taken the session and you will not be able to reschedule it or be entitled to any compensation for missing it.
All sessions take place remotely via the means of communication agreed with you in advance.
Please note that we may record our calls for training purposes and administration purposes and by entering into this contract with us you consent to the recording of our calls for these purposes. If you have signed up for one of my group programs, these recordings will be accessible to future students so please be aware when sharing information. All students agree to keep information shared in group sessions confidential.
Our services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the services. We shall make reasonable efforts to limit the effect of any of those events, we shall keep you informed of the circumstances and we shall try to restart the services as soon as those events have been fixed. Examples of events that might be beyond my reasonable control include illness, IT issues and problems with internet connectivity or if you change the services you require from us and we have to do extra preparation.
Where a session or event is due to take place in person, we reserve the right to move that session online where circumstances make it necessary or preferable to do so.
Brand design consulting services. If you have bought the brand design service, this service covers 7 days of design time, which includes:

4-days for creative planning and producing 3 brand routes to choose from.
2-day for the development of the chosen route, incorporating client amends.
1-day client amends and producing final files and a style guide.
We ask for your feedback within 12- 24 hours so we can manage your creative time with our team. Any additional amends required outside of the 5 allocated days will be charged at an additional fee which will be discussed and agreed in writing prior to any additional charges being made.

YOUR RESPONSIBILITIES

You will pay the price for the services in accordance with the services description.
You will provide us with such information and assistance (and ensure that any information is complete and accurate) as we reasonably need to provide the services.
We shall agree with you on a method of communicating with each other between sessions and adhere to that method if applicable to the service purchased.
Coaching is not therapy or counselling. It may involve all areas of your life. You acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them and whether or not you follow through on any agreed action is exclusively your responsibility. For this reason, although we fully expect great results to come from our coaching sessions, we cannot guarantee any specific outcomes or that all clients will achieve the same results. The results are entirely dependent on your commitment and the effort you put into the programme and the actions we agree on.
Our role is to offer you guidance and accountability and help you make positive business and lifestyle changes in order to make progress towards your business goals.
Coaching does not treat mental disorders and is not a substitute for counselling, mental health care or medical treatment of any kind. By entering into this agreement you confirm that you will not use it in place of any form of counselling, therapy or medical treatment.
If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of working with a coach and that this person is aware of and supports your decision to proceed with the coaching programme described in the services description.
You will keep us informed of any changes to your medical health or personal circumstances.

CHARGES AND PAYMENT

The price for the services is set out in the services description. When you purchase the service you agree to these terms and conditions, you confirm your commitment to the entire programme and you will be responsible for payment in full of the price for my services and you will not be entitled to any refunds.
The services description will state if there is a payment plan. If there is a payment plan and you pay by credit or debit card, you authorise us to charge your payment method. If you fail to make any of the payments on the due dates as set out in the service description, we will contact you to arrange immediate payment. If after 7 days, the missed/failed payment hasn’t been paid we shall invoice you for the whole of any outstanding balance and payment for that invoice will be due by return.
The fees are non-refundable except for where we cancel a programme (other than under 11.3 below), you are entitled to a partial refund for sessions that you have paid for in advance and which you have not received.

In all other circumstances, we are not able to refund to you any of the payments you have made, even where you do not complete your sessions with us, as payment is for the programme as a whole, not individual sessions. This is a reflection of the amount of preparation we need to put into the programme to make it most effective for you and the amount of time we shall dedicate and set aside for preparing for and attending our sessions together. This policy also helps you with your own accountability and commitment to improving your business or career through our coaching programme.
In view of my clear no-refund policy, we do not accept any type of chargeback threat or actual chargeback from your credit or debit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in a chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.

Payment is via the payment button on this website or as agreed between us.
If any of your payments are not paid on the due date, we may charge interest on any balance outstanding at the rate of 4 percentage points a year above HSBC Bank plc's base rate.

INTELLECTUAL PROPERTY

If we provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to us and can only be used for your own personal use and you may not share them with third parties or use any of the materials as your own for your clients.
Your participation in a program does not result in a transfer of any intellectual property to you, and, as a condition of participation in the Program, you agree to observe and abide by all copyright and other intellectual property protection.
You will not use any of the methods, systems or processes we share with you for profit or monetise them in any way, including incorporating those methods, systems and processes in your own products, services and offerings for your clients, not even for free.
If you have purchased any design services then the copyright of your brand ID (logo) produced by HomeAwakening Ltd stays with HomeAwakening Ltd until all invoices relating to the work are paid in full, after which copyright transfers to the Client. HomeAwakening Ltd reserves the right to use the work as an example in the promotions of Home Awakening Ltd services. USE OF PERSONAL INFORMATION

We shall use the personal information you give to us to:

provide the services
process your payment for the services; and
inform you about any similar products and services that we provide (though you may stop receiving this information at any time by contacting us).

we shall not give your personal information to any third party unless you agree to it.
See my privacy policy here https://homeavibe.com/privacy-policy-2/ for full details of how we use your personal information.

CONFIDENTIAL INFORMATION

All information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where we consider it necessary to do so because of concerns of risk to yourself or others.
Where you participate in any group sessions, for example as part of a group coaching programme, you agree to keep strictly confidential any information shared by participants in those group sessions and not to share it with any third parties. You will not use the confidential information of any participant of a group session for your own benefit except with the explicit consent of that participant.
The obligations in clauses 8.1 and 8.2 will not apply to information which:

has ceased to be confidential through no fault of either party;
was already in the possession of the recipient before being disclosed by the other party; or
has been lawfully received from a third party who did not acquire it in confidence.

Your and our confidentiality obligations under this clause will continue after the termination of this agreement.

RESOLVING PROBLEMS

We want you to be entirely happy with the program or services purchased. In the event you do have any complaints or concerns about any aspect then we ask you to notify us by email, as soon as possible and allow us reasonable time to investigate and seek to resolve your concerns before you take any further action. For the purposes of this clause further action includes stopping payment or making any chargeback or similar claims.
We may in our option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.
Nothing in this contract affects your statutory rights.

NON-DISPARAGEMENT

The Client shall not make any false, disparaging, or derogatory statement publicly or privately regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.

END OF THE CONTRACT

If a services description specifies a length of time for services to be provided, then subject to clause 11.2 below, the services will terminate at the end of that timeframe.
If we provide services to you on an ongoing basis and the description of the relevant services does not specify a timeframe then either party may terminate the services by one month’s written notice to each other.
Either you or we may terminate the services and this contract immediately if:

the other party commits any material breach of the terms of this contract or a services description and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that this contract will be terminated if the breach is not resolved; or
the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
For the purposes of this clause, any breach by you of the rules governing your participation in my Facebook Group or any other Group hosted by us on another social media platform constitutes a material breach of this contract which is not capable of being resolved.

If we decide in our absolute discretion that we are not a good fit for each other, we may terminate this contract immediately on notice, in which case we shall give you a partial refund for any elements of the services which you have paid for in advance and which is deemed by us that you have not received.
In the event of termination, any sums owing to us under the terms of this contract shall become immediately due and payable.

CLIENT RESPONSIBILITY; NO GUARANTEES

The Client accepts and agrees that the Client is 100% responsible for the progress and results from the program.
The Company will help and guide the Client; however, participation is the one vital element to success from the programs that relies solely on the Client.
Your level of success in attaining desired results depends on the time you devote to the program, including any ideas and techniques mentioned, your finances, knowledge and various skills. The Company makes no representations, warranties or guarantees verbally or in writing regarding the Client’s performance.
The Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary.
The Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that the Client will reach its goals as a result of participation in the program and the Company’s comments about the outcome are expressions of opinion only.
The Company makes no guarantee other than that the services offered in this program shall be provided to the Client under the terms of this Agreement.

LIMIT ON OUR RESPONSIBILITY TO YOU

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:

losses that:

were not foreseeable to you and us when the contract was formed
that were not caused by any breach of these terms on my part

loss of business, loss of profits, loss of management time and loss of business opportunity.

Our total liability to you is limited to the amount of fees, if any, paid by you for the services.

ENTIRE AGREEMENT; AMENDMENT; HEADINGS

This Agreement constitutes the entire agreement between the Parties with respect to its relationship and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof.
Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement.
No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties.
The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.

COUNTERPARTS

This Agreement may be executed in one or more counterparts (including electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute the same instrument.

SEVERABILITY

Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.

WAIVER

The waiver or failure of the Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.

ASSIGNMENT

This Agreement may not be assigned by either party without express written consent of the other Party.

FORCE MAJEURE

In the event that any cause beyond the reasonable control of either party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, Government foreign travel advice, labour strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either party to perform its obligations under this Agreement, the affected party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
The Company shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of either party, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riots, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), curtailment or interruption of transportation facilities or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.
In the case of any change, modification, cancellation, postponement or delay of services due to any unforeseeable events, you acknowledge that you will have no right of refund as the Company will do its best to transfer the funds to a new date.

GOVERNING LAW

These Terms and any dispute or claim arising out of them (including non-contractual disputes or claims) shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any unresolved dispute or claim.

Last Updated: March 2023

TERMS

Home Awakening Ltd - Terms of Business

Stay Connected