Colebrook Consulting: enabling competitive advantage

Terms & Conditions of Trading

In accessing this website and/or using services, you are deemed to have read, understood and agreed to be bound by the Company's Privacy & Disclaimer Notices and the following Terms & Conditions of Trading:

Availability

Unless otherwise stated, the services featured in Company literature and on the Company’s website are solely available within the United Kingdom, or in relation to postings from the United Kingdom. Products available for download or purchase are made available for worldwide use. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from the website will be uninterrupted, timely or error free, although it is provided to the best ability. By using Company services you thereby indemnify the Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused. Services are not made available to you on any other basis than as is stated in these Terms & Conditions of Trading.

Payment

Secure transactions are processed via Google Checkout and we do not view or hold your card details. Electronic Transfer (BACS/CHAPS), Business Cheques, Cash or Personal Cheque with Bankers Card or Bankers Draft are all acceptable methods of payment. Cheques Payable to: Colebrook Consulting Ltd. Where contracts have been entered into on a direct hourly rate fee-paying basis, our Terms are payment in full within 14 days. Block rate fees require payment in full within thirty days. We reserve the right to impose a minimum 10% deposit booking charge, subject to acceptance. Any outstanding balance will be invoiced on the day of service delivery, to be settled in full within 14 days. Monies that remain outstanding by the due date will incur late payment interest on any outstanding balance at the statutory rate of 8% above the prevailing Bank of England Base Reference Rate, until such time as the balance is paid in full and final settlement.

The Company reserves the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via Collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed £3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs and/or compensatory claims for costs incurred in undertaking debt recovery action. Returned cheques will incur a £35 charge to cover banking fees/administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and insist on future COD transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

Cancellation Policy

Minimum 48 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘SMS text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a £50 charge to cover any subsequent administrative expenses and further surcharges when exceptional costs (e.g. hotel accommodation / sub-contracted fees / custom print expenses, etc) have been incurred.

Force Majeure

Neither Party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such Party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which entitled hereunder, shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated as such and signed by both Parties.

Absence of Injunctive Relief

You shall not seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of Services, exploitation of any promotional materials issued in connection therewith or exploitation of Services or other content used or displayed through Services.

Assignment and Delegation

You may not assign or delegate any rights or obligations under any Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under any Agreement, fully or partially. We may also substitute by way of unilateral novation effective upon notice to you for any third party that assumes our rights and obligations under any Agreement.

Title

Title shall not pass to you until cleared payment in full is received for any chargeable products available for sale via the Company comprising for example downloads, software, media-based products, books and other forms of goods.

Links to/from the website

You may not create a link to any page of the website without our prior written consent. If you do create a link to a page of the website you do so at your own risk and the exclusions and limitations set out in these clauses will apply to your use of the website by linking to it. We do not monitor or review the content of other party’s websites which are linked from our website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. We will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Communication

The Company uses several e-mail addresses for different and appropriate purposes. These, & other contact information, can be found on the Contact tab or via Company literature or via the Company’s stated telephone.

Intellectual Property Rights

In accepting the full Terms & Conditions contained herein, you warrant that you will not modify, copy, photocopy, alter, adapt, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, nor use the information howsoever it exists, whether in written, oral, electronic or mechanical form, nor transfer, teach, undertake training on the basis of, or sell any information, nor commercially exploit the content, products or services obtained from use of, or access to the Company’s, website and services in any way whatsoever or howsoever. Copyright and/or other intellectual property rights applying to materials, literature or other services content created by us as a consequence of provision of consultancy or other services to you remain vested with Colebrook Consulting Ltd., unless specific arrangement and written agreement has been reached to transfer or sell such rights to you. Any breach or attempt to breach this agreement without express written consent is strictly prohibited and may give rise to litigation. Any application in relation to licensing of Company copyright images, logos and materials should be addressed to the Company at the address given under the Communication clause above. Brand names and specific services of this Company featured in literature are protected by copyright, together with the full content of the website. Trade Marks of partner, sponsorship and funding organisations connected with the Company have been used with permission. Copyright and other Intellectual Property Rights exist on such marks and any and all other literature or promotional material supplied during consultancy. Any unauthorised use may result in legal proceedings being instigated.

Termination of Agreements and Refunds Policy

Either Party has the right to terminate any contractual Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered where a Service is deemed to have begun and is, for all intents and purposes, underway.

Prizes

On occasion, the service offer may entail provision of a competitive element for promotional purposes. In such instances prizes and competition criteria may vary from time to time and we reserve the right to offer alternatives or withdraw prizes if deemed necessary due to circumstances beyond our immediate control. Any goods or services offered as a prize are supplied in good faith. In the unlikely event that goods offered as prizes have suffered any prior fault or damage you must notify the Company in reasonable time and return them for inspection without delay with the original packaging. If found to be defective replacement goods will be supplied to the same value or in the event that replacement goods are unavailable we reserve the right to supply alternative goods to the same value. We exclude liability for any fault or damage occurring to prize goods as a result of misuse or contrary to the manufacturer’s instructions. Some prizes may entail acceptance of manufacturer or supplier terms & conditions of trading accordingly. Clients are advised to refer to the third party supplier website for details.

General

English and Welsh law govern these Terms & Conditions of Trading. By accessing the website and/or engaging in contractual agreement with the Company you consent and agree to abide by these Terms & Conditions of Trading including the supplemental Client Charter, Privacy and Disclaimer Notices, Policies, Blog small print and to the exclusive jurisdiction of these courts in all disputes arising out of such access. If any of these Terms and/or Conditions are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms & Conditions and the remainder shall continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes/Variation of Terms

The Company is not required to notify Clients of changes to its Terms & Conditions of Trading and reserves the right to change these conditions from time to time as deemed necessary. Your continued use of the site and/or services will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions including supplementals stated above form the entire Agreement between the Client and the Company. Your accessing of the website and/or undertaking of a booking, accessing downloads, purchasing goods and entering into contractual Agreement for consultancy or other services indicates your understanding, agreement to and acceptance of the full Terms & Conditions contained herein. Your statutory Consumer Rights are unaffected. © 2009-2010 Colebrook Consulting Limited All rights reserved


Disclaimer

 

Exclusions and Limitations

Whilst every reasonable precaution has been taken to ensure the accuracy of services content, business advice and statements made regarding current legislation applying to registering and operating a business in the UK, any such advice, guidance and information provided through or in connection with the Company’s services is given in good faith. No liability shall be accepted for any errors, omissions or inaccuracies. The information contained in Company literature and website is provided on an "as is" basis. To the fullest extent permitted by law, Colebrook Consulting Limited:

  • excludes all representations and warranties relating to the website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in the website and/or Company literature; and
  • excludes all liability for damages arising out of or in connection with your use of the website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised the Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
  • The Company does not exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
  • The purpose of the Company’s services is to assist individuals and organisations (including but not restricted to commercial companies, social enterprises, public sector bodies, schools, educational establishments) via advice and consultancy. Therefore, any guidance, advice, recommendations, tailored solutions or any other form of assistance offered to clients is on the express and implied basis that such delivery materials and content is offered in the context of assistance intended solely to aid clients to decide for themselves whether particular courses of action are necessary to bring about the investigation of a potential Business idea, or Business Start-Up, or furtherance of an existing business or public sector provision, that they wish to effect.
  • Clients are advised to take note that no legal counsel is offered as any part of consultancy, other than in connection with making Clients aware of the need to seek such professional advice from an appropriate source, when necessary. Financial advice is restricted to providing guidance in connection with the preparation of appropriate business planning, either for funding purposes or in relation to the ongoing investigation and operation of a business, in the form of cashflow forecasts, balance sheets, profit and loss forecasts, book-keeping, survival budgets and other similarly relevant indicators. No other type of financial advice is offered other than in connection with making Clients aware of the need to seek such professional advice from an appropriate source, when appropriate. In particular, Clients attention is drawn to the requirements of English Law, which necessitate compliance with Sole Trader/Limited Company/Partnership, etc. registration with any and all appropriate governmental organisations, including, but not restricted to, Her Majesty’s Customs & Revenue (HMRC) and where relevant, Companies House. Clients should be aware that ignorance of the Law is not accepted in a Court of Law as an excuse. Clients must also familiarise themselves with appropriate Business Insurance and Health & Safety legal requirements. Clients must disclose details of any previous, existing or long-standing medical condition, legal proceedings, financial creditworthiness or material fact, likely to affect the nature of any Company services undertaken.
  • Clients shall be issued with Agreement Forms to complete, sign and return which set out the best practice delivery requirements for both parties to adhere to, in order to ensure smooth and effective consultancy. Failure to observe the requirements and terms and conditions herein will render any agreement between us as null and void and shall lead to the immediate cessation of all services.
  • Under no circumstances may Clients divulge facilitators’ circumstances, personal contribution to Company services or any other relevant information arising out of consultancy, to any third parties other than in connection with notifying others of our contact details, for those who may wish to seek similar assistance, without our express written consent. Failure to respect personal confidentiality will result in the immediate cessation of any and all Company services and where necessary, give rise to the instigation of legal proceedings.
  • Under no circumstances will we accept, undertake or continue Company services for any Client where it is, or becomes evident, that the Client's aim, intention, objective, goal or expressed thoughts are likely to cause harm, offence, illegal, unethical or immoral act or other negative outcome, through malicious act, slander, libel, religious or other intolerance, either personally or through a proposed or existing business venture, in any way whatsoever or howsoever against anyone or anything in any form. Our facilitators are entitled to physical safety during service delivery and to be treated with respect and any instance of verbal or physical abuse may result in the immediate cessation of services without refund and instigation of legal proceedings accordingly.
  • Clients attention is drawn to the Confidentiality Notice and Privacy Statement, as described in these Terms & Conditions. In the event that it is so deemed or statutorily required, we reserve the right to report any instance of civil or criminal offence or damage to the appropriate authorities whereby Client information and Client Records held by the Company may be disclosed to authorised persons or organisations without infringement of Client Confidentiality privilege.
  • Consultancy may involve the sharing of personal journeys and of the concepts, beliefs and values, which have best served the empowerment of facilitators. Some of these thoughts, comments and observations can be found, though perhaps expressed in different ways, in books and via other means and sources, for those who seek to find them. We do not profess to have the last word on business or personal success. All advice, guidance and suggestions, whether of a professional or personal nature, are offered with the sincere hope that the Client will discern for themselves the validity from their own wisdom and to judge wisely that which they choose to implement.
  • Beyond this, you are asked only that you treat Company services and personnel with respect and professionalism that befits a Client’s responsibility for fulfilment of their own development, learning and/or business aspirations. You must make the choices and take the actions, which lead to your own (and your personnel’s) growth.

Privacy

The Company is not currently registered under the Data Protection Act 1998. We do however seek to reasonably comply with pertinent legislation of the act as well as the spirit. The Act allows us to use your information appropriately and requires the data controller to inform Clients that information about them and their respective Client Records is stored securely. Authorised personnel within the Company or its approved sub-contractors use information collected from Clients solely for administrative, marketing and outcome evaluation purposes. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

We regard Client Records as confidential and therefore do not divulge any Client information to third parties, other than to be processed according to the requirements of the Company’s authorised partners in respect of dissemination of best practice, effectiveness of delivery, statistical analysis or funding criteria and solely for those purposes. Client’s attention is drawn to the Disclaimer Notice. Clients have the right to request sight of, and copies of, any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

In accordance with the Privacy and Electronic Communication (EU Directive) Regulations 2003 (PECR), we will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited email. Any emails sent by the Company will only be in connection with the provision of agreed services and products. Any marketing emails including the Newsletter for which consent has been obtained, will offer you the right to opt-out of receiving further marketing emails on each and every subsequent occasion.