These terms and conditions will govern the relationship between:
(1) CareerBalance Ltd, whose principal place of business is 20 Little Britain, St. Paul’s, London EC1A 7DH (“CBL”) and
(2) Any person to whom CBL provides the Programme (as defined below) (“the Client”)
The Client has requested CBL to provide career counselling, career guidance and coaching, and support with job-hunting and any other career services agreed between the parties “the Programme” and the parties have agreed to enter into this agreement to regulate the relationship between them.
The following terms shall have the following meanings:
2.1 ‘Commencement Date’: the date upon which CBL receives from the Client a completed and signed Programme Booking Form
2.2 ‘Conditions’: the provisions contained in clauses 4 to 12 below which shall be incorporated into this agreement in their entirety
2.3 ‘Confidential Information’: all information passed by the Client to CBL relating to the Client’s personal details including but not limited to the Client’s name, address, age, date of birth, employment history, past and present employers’ names and addresses, and which is reasonably interpreted not to be passed onto or disseminated in any way or form to any third party and which is reasonably requested by CBL in order to enable it better to provide the Programme
2.4 ‘Materials’: all Programme documents and materials the property of which belongs to CBL and also materials which are on licence to CBL from third parties which are supplied to the Client by CBL in printed or in electronic form
2.5 ‘Notice’: notice complying with the terms of clause 12.4
2.6 ‘Payments’: Sums due to CBL as a result of the Client entering into this agreement for the provision of the Programme
2.7 ‘Programme’: one or more sessions of face to-face or telephone support provided by CBL to the Client, including career counselling, career guidance, advice on and help with job hunting, interview coaching, and any other work done by CBL for the Client and at the request of the Client. Time spent by CBL writing, reviewing and editing CVs, cover letters and application forms on behalf of the Client outside face to face or telephone sessions is treated as session time.
2.8 ‘Programme Booking Form’: the document signed by the client and marked as such confirming its purchase of the Programme and specifying the number of sessions in the Programme and payment terms. CareerBalance Limited
The Client appoints CBL to provide the Programme in return for the Payments.
4 CBL’s obligations
4.1 Services: CBL will provide to the Client career counselling, career guidance, career coaching, job hunting support, CV writing and interview coaching and such other career development and job–hunting services as agreed between CBL and the Client during the course of the Programme
4.2 Confidentiality: CBL will not at any time during or after the Programme divulge or allow to be divulged to any person any Confidential Information other than to persons who are employed or engaged by CBL or who have been authorised by the Client to receive such Confidential Information
4.3 Standard: CBL agrees to provide the Programme to the Client subject to the terms of clause 9 with reasonable skill and care.
5. The Client’s obligations
In consideration of the provision of the Programme by CBL the Client agrees:
5.1 to make the Payments at the times agreed in the Programme Booking Form promptly and without deduction or set-off
5.2 to co-operate with CBL by providing Confidential Information to CBL
5.3 to follow the reasonable instructions of CBL
5.4 to utilise the Materials in a proper manner and, except with the express permission of CBL, not to disclose, copy, divulge, reproduce, publish or in any way disseminate any Materials to any third party or into the public domain
6.1 Individual Clients: 50% of the full Programme fee is payable at the time of completing and returning the Programme Booking Form, with the balance due at the times specified in the Booking Form. Once a client has used all the session time in their programme any outstanding amount of the Programme fee becomes immediately payable
6.2 Corporate or Institutional Clients: Payment terms are strictly 14 days net from the date of CBL’s invoice
7.1 All sums payable under this agreement unless otherwise stated are exclusive of VAT.
8. Liability of CBL
8.1 CBL shall not be held liable for the failure of the Client to obtain any employment, position, occupation, promotion or any other career objective
8.2 CBL shall not be liable to the Client or the Client’s estate for the death or injury to the Client or loss or damage to the Client’s property unless due to the negligence or other failure of CBL to perform its obligations under this agreement or under the general law.
9. Termination for breach
The following obligations are conditions of this agreement and any breach of them shall be deemed a fundamental breach which shall determine this agreement immediately
9.1 Failure on the part of the Client to make punctual payment of all sums due to CBL
9.2 The levying of any distress or execution against the Client or the making by him of any composition or arrangement with creditors
9.3 The doing or permitting of any act by the Client by which CBL’s rights in the Materials may be prejudiced or put in jeopardy or by which the terms of any licence under which any of the Materials is held by CBL may be infringed
10. Termination Consequences
In the event of this agreement being determined whether by Notice, breach or otherwise the Client shall immediately pay to CBL arrears of Payments and any other sums due under the terms of this agreement.
11. Cancellation & Refunds
If after completing and returning the Programme Booking Form to CBL the Client wishes to cancel all or any part of the Programme it must immediately notify CBL in writing, irrespective of whether the Client has made any payment. Refunds on any sums already paid or due to be paid by the Client to CBL will be made to the Client on the following basis:
a) after the Client has returned the completed Programme Booking Form but before the Client has received the first session of the Programme: a full refund less an administration charge of £350. The Client also agrees to return to CBL any Materials already supplied to it by CBL;
b) at any time after the Client has received the first session in the Programme the cost of the full Programme less a sum representing the proportion of the total Programme session time already used by the Client less a cancellation fee of £550.
11.1 CBL shall within 28 days of such written notice of cancellation refund to the Client any sums due to the Client and/ or shall issue a credit note as necessary against any invoice already issued to the Client.
12.1 Interest: All sums due from the Client to CBL which are not paid on the due date (without prejudice to the rights of CBL under this agreement) shall bear interest from day to day at the annual rate of 4% over the annual base lending rate of HSBC Bank plc with a minimum of 7% per year
12.2 Severance: If any provision of this agreement is declared by any judicial or other competent authority to be void voidable illegal or otherwise unenforceable or indications to that effect are received by CBL from any competent authority CBL shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or at the discretion of CBL it may be severed from this agreement CareerBalance Limited
12.3 Whole Agreement: Each party acknowledges that this agreement, the Programme Booking Form and any other agreement confirmed in writing by CBL (in hard copy or by e-mail) shall contain the whole agreement between the parties
12.4 Notices: Any notice to be served on either of the parties by the other shall be sent by first class recorded delivery post to the address of the relevant party or by facsimile transmission or by electronic mail to the correct facsimile number or electronic mail address of the addressee
12.5 Headings: Headings contained in this agreement are for reference purposes only and should not be incorporated into this agreement and shall not be deemed to be any indication ofthe meaning of the clauses to which they relate
12.6 Non assignment by the Client: Neither this agreement nor any rights under it may be assigned or transferred by the Client
12.7 Proper law and jurisdiction: This agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England
12.8 Any proceedings arising out of or in connection with this agreement may be brought in a Court of competent jurisdiction in England
12.9 The submission by the parties to such jurisdiction shall not limit the right of CBL to commence any proceedings arising out of this agreement in any other jurisdiction it may consider appropriate
12.10 Any notice of proceedings or notices in connection with or which would give effect to any other method of service be served on any party in accordance with clause 12.4
12.11 In the event that the Client is resident outside England its address for service in England shall be the address for such service nominated at the head of this agreement and any time limits in any proceedings shall not be extended by virtue only of the foreign residence of the Client
12.12 Third Party Rights The parties intend that no term of this agreement may be enforced by a Third Party pursuant to the Contract (Rights of Third Parties) Act 1999
12.13 Cancellation of Appointments by Client: A Client cancelling a Programme appointment must give at least 48 hours’ notice to CBL or shall be treated as having attended the appointment.