Terms and conditions

The terms and conditions set out below are the terms and conditions upon which The Global Coaching Company Limited (TGCC) (as defined below) is prepared to provide the services to the Client and a binding contract will only be created upon the payment of the deposit mentioned below.

1.Rates and Fees
All rates for presentations shall be as individually agreed with The Global Coaching Company Limited (TGCC) management office. All products will be either as recommended retail rate or agreed discounted rates (all to be agreed with TGCC’s management office).

2.Legal Construction
In the event of any inconsistency between these conditions and the terms and/or conditions of the order placed by the Client these conditions shall prevail unless otherwise agreed in writing by TGCC. Rights and obligations of the parties arising under this contract shall be determined, and the terms and conditions thereof shall be construed according to English Law.

3.Disbursements and Expenses
TGCC’s fee shall be exclusive of disbursements and expense items related to the agreed programme such as messenger service, postage, delivery insurance, overseas telephone charges, printing colour photocopying, photography and prints, travel, accommodation, subsistence, fax charges and similar items which will be invoiced to the Client on the relevant project, or separately as necessary plus a 12% management charge.

When the Client instructs TGCC to provide any services then the nature of the services to be provided and an estimate of TGCC’s charges will be agreed with the Client in advance.

5.Payment Terms
All bookings to be confirmed in writing to the management offices of TGCC. Bookings will only be considered firm on receipt of the deposit as detailed below (any amendment to this clause must be agreed with TGCC in advance and in writing). The date of any event booking will only be confirmed by TGCC upon receipt of the payment of the deposit mentioned below. In the event that the payment of the deposit is delayed for any reason then TGCC cannot guarantee that the event date will still be available.

Public speaking, Conference, Presentations, Workshops:

50% Deposit of Fee at time of booking.

Remaining 50% of fee to be paid by BACS no later than 7 days prior to the event.

6.Cancellation Charges
The Client agrees that 100% of the fee will be payable on cancellation for any reason.

Product Sales (to include, books, CD’s, DVD’s, work packs, media or video productions, and any other material produced and sold by TGCC):

100% payment in advance of shipment.

All goods ordered will be shipped on the understanding that they are non-returnable and all fees are non-refundable. No refunds will be given in any circumstances.

7.Foreign Currency Transactions
TGCC will invoice the Client in pounds sterling for payment in sterling without any deduction for the costs of currency conversion or the transfer of funds to the UK. To overcome problems of profit/loss on foreign currency media transactions, TGCC’s invoices will show the foreign currency amount with the sterling equivalent at the prevailing rate.

TGCC reserves the right to charge the amount of any value added or similar tax payable whether or not included in the estimate or invoice.

Goods are at the Client’s risk from physical delivery to the Client or the Client’s courier or other bailee for the transmission to the Client, whichever is the earlier.

10.Retention of Title
Notwithstanding delivery and passing of risk, title to and property of any goods supplied to the Client will remain with TGCC and will not pass to the Client until TGCC has received full payment for the goods.

Any claims must be made in writing to TGCC within 7 days of receipt of goods. If no claim is made within this period the Client is deemed to have accepted the goods at the agreed price. Any losses shall be restricted to those arising directly from the default of TGCC or its employees of a financial nature without any further consequential loss being recoverable. The signature on any order form binds the client to pay the monies described therein.

The Client shall keep TGCC indemnified against any and all proceedings, claims, damages, losses, expenses or liabilities resulting from any act of neglect or default of the Client or the proven infringement of the intellectual property rights of any third party or allegations of libel or slander provided such liability has not been occurred through the neglect or default of TGCC.

13.Consequential loss
TGCC shall not be liable for any damages, losses, expenses or liabilities arising indirectly through any neglect or default by TGCC or its employees.

14.Client’s Property
Client’s property and all property provided to TGCC by or on behalf of the Client while it is in the possession of or in transit to or from TGCC, shall be deemed to be at the Client’s risk unless otherwise agreed and the Client should insure accordingly.

15.Copyright and Intellectual Property Rights
The copyright and all other intellectual property rights in all material, presentations (oral and visual), emails, DVD’s, video or any other work produced by or assigned to TGCC will rest with and be the sole property of TGCC.

No copying of any materials provided by TGCC (in whole or part and regardless of media) or video or audio recording of any speech presentation or seminar of whatever nature delivered by TGCC shall be permitted without the express written consent of TGCC

If the Client ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due, or being a company is deemed to be unable to pay its debts or has winding up petition against it, or being a person commits an act of bankruptcy or has a bankruptcy petition against him, TGCC without prejudice to other remedies shall (a) have the right not to proceed further with the contract or any other work for the Client and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Client, such charge to be an immediate debt due, and (b) in respect of all unpaid debts due from the Client have a general lien on all goods and property in TGCC’s possession (whether worked on or not) and shall be entitled on the expiration of 14 days notice to dispose of such goods or property in such a manner and at such price as TGCC thinks fit and to apply the proceed towards such debts.

The failure of either the Client or TGCC to enforce at any time or for any period any one or more of the terms and conditions of any contract between them shall not be a waiver of them or of the right at any time hereafter to enforce all terms and conditions to that contract.

18.Force Majeure
TGCC shall be under no liability if unable to carry out any time or for any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by supplier or owing to any inability to procure materials required for the performance of the contract. During continuance of such contingency the Client may, by written notice to TGCC, elect to terminate the contract subject to the cancellation charges and timescales as already stated.

The parties will attempt in good faith to resolve any dispute or claim relating to this contract failing which they will attempt to resolve the dispute through an alternative dispute resolution procedure as recommended by the Centre for Dispute Resolution. The parties may if they both agree opt to resolve the dispute should it continue to be unresolved following any alternative dispute resolution procedure by referral to Arbitration to be carried out by a single Arbitrator agreed by the parties or recommended by the President of the Chartered Institute of Arbitrators according to the provisions of the Arbitration Act 1996 and in that event the decision of the Arbitrator would be final and binding on the parties. Any legal costs of TGCC or the client would be provided for as part of the arbitration process and arbitration would only arise on condition that such legal costs would be payable if contentions of either party were upheld by the Arbitrator in favour of that party.

20.Third Party Rights
For the avoidance of doubt nothing in this contract shall confer on any third party any benefit or the right to enforce any terms of this contract.