These terms and conditions apply to Services provided by Acaria Coaching and Consulting Ltd (company number 12342769) (“Acaria Coaching and Consultancy Ltd” or “we” or “us”) to you as Client (“you” or “your”).
1.0 The Contract
1.1 These Terms constitute the contract between the Consultancy and the Client for the supply of Consultancy Services by the Consultancy and are deemed to be accepted by the Client by virtue of its request for meeting, training, development, workshops or materials and reports from the Consultancy.
1.2 The Consultancy commits in good faith to provide the Consultancy Services with all reasonable skill and care and with good industry practice; and use competent, appropriately qualified, skilled and experienced personnel in the provision of the Consultancy Services.
1.3 These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by a Director of the Consultancy, these Terms prevail over any terms of business or purchase conditions put forward by the Client.
1.4 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Consultancy and the Client and are set out in writing and a copy of the varied terms are given to the Client stating the date on or after which such varied terms shall apply.
2.1 The Client agrees to pay the charges of the Consultancy business as outlined in the Statement of Works or Consultancy Agreement. Any additional services and associated costs will be agreed in advance and will form an addendum to those agreement, to be signed by an authorised signatory of the Client. Any relevant local taxes, if applicable, are payable on the entirety of these charges.
2.2 Should there be a delay by the Client, for any reason, the delivery of these services beyond 9 calendar months of the date of this agreement, the consultancy is not obligated to return any fees charged or deliver any consultancy services.
3.1 The Consultancy undertakes that it shall not, at any time, disclose to any person any confidential information concerning the business, affairs, companies, clients or suppliers of the other party, except as permitted by this clause.
3.2 The Consultancy may disclose the Client’s confidential information:
(i) to its employees, officers, representatives, subcontractors, auditors, or advisers who need to know such information for the purposes of carrying out its obligations under the Agreement. The Consultancy shall ensure that its employees, officers, representatives, subcontractors, auditors, or advisers to whom it discloses the Client’s confidential information comply with the confidentiality obligations in this clause; and
(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
3.3 The Consultancy shall not use the Client’s confidential information for any purpose other than to perform its obligations under the Agreement.
4.0 Limitation of Liability:
4.1 Nothing in the Agreement shall limit or exclude either party’s liability for:
- death or personal injury caused by its negligence, or the negligence of its personnel, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- any other liability which cannot be limited or excluded by applicable law; or
4.2 Subject to Clause 4.1, both Parties’ liability, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement shall be limited to one hundred thousand British pounds (£100,000).
4.2 Both Parties shall maintain in force, with a reputable insurance company, insurances sufficient to cover the liabilities that may arise under or in connection with this Agreement.