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TERMS OF USE

These terms and conditions (the “Agreement”) is entered into between Ceri Hand Limited, a company registered in the UK under company number 13561276 (hereinafter referred to as  the “Company”) and the individual or entity invoiced for the services (hereinafter referred to as “Client”)  each individually referred to as a “Party” and together the “Parties”.

Whereas

The Client agrees to purchase Coaching services, and the Company agrees to offer those services, as detailed in the invoice between the Parties, under the following terms and conditions which shall become effective and binding upon click through acceptance on the website.

Definitions

“Company” means Ceri Hand  Limited which is offering the services.that is entering into this Agreement is entered into by and between Ceri Hand Limited  and the Client as defined in invoice and shall be effective and binding upon the parties upon payment of such invoice.
“Client” means the individual or entity invoiced for the coaching services which may be the Coachee or a Sponsor. 
“Coach” means Ceri Hand or a Ceri Hand Associate Coach.
“Coachee” means the individual directly engaging in and receiving the coaching services from the Coach.
“Associate Coach” means a coach recommended by Ceri Hand to provide coaching services as detailed on the website www.cerihand.com.
“Coaching” is a partnership between the Coach and the Coachee in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
“Sponsor” means the individual or entity that pays the invoice for the coaching services.

1) Coach-Client Relationship
A. The Coach agrees to maintain the ethics and standards of behavior established by the International Coach Federation code of ethics which can be found at: https://coach federation.org/ethics. It is recommended that the Client review this code of ethics and the applicable standards of behaviour.

B. Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

C. Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time, subject to the terms of this Agreement.

D. Client acknowledges that coaching is a comprehensive process that may involve different areas of the Client’s life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.

E. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.

F. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.

2) Services & Technology Requirements
The Company’s preference is to perform coaching online using the Zoom platform. Coachees are expected to have a desktop computer, especially where coaching includes video. Coachees must download the free Zoom app in order to join sessions via the link provided. It is recommended that sessions are joined a few minutes early so that any access issues can be overcome and the coaching session can start on time. 

If coaching by audio only, Coachees can also join by phone or tablet. Coach and Client agree to engage in coaching by Zoom call (either with video or without video/audio only, as preferred by the Coachee). The Coachee and Coach will exchange details such as a mobile phone number or landline as an alternative method of making contact, should the Zoom platform not be available, or in the case of any individual technology failure.

3) Fees
Fees shall be payable by the Client as detailed on the invoice and are payable prior to the scheduling of coaching sessions. No coaching services shall be provided unless payment is received for that session at least 14 calendar days in advance. 

4) Refund Policy
In the unlikely event that the Client wishes to terminate the coaching arrangement, please contact hello@cerihand.com to further discuss. If appropriate, the Client will also be offered an alternative Company Associate should they want to continue receiving services with the Company. 

Provided at least 14 days notice is given prior to the next booked session, then the fee for the remaining sessions shall be refunded to the Client within 30 days, subject to an administration fee of £25 (+VAT at the prevailing rate). In the case of a transfer to another Company Associate the administration fee will be waived and future sessions will be rescheduled.

5) Coaching Services
The coaching services shall be as stated on the invoice as one of three standard options: a) single initial session or b) a package of 6 sessions or c) a package of 12 sessions, or alternatively as otherwise stated.

6) Coaching Procedure
All sessions take place remotely unless agreed otherwise in writing. The sessions shall be as per the meeting invitations emailed by the Coach and may be held at regular intervals to suit the Coachee, however for consistency and momentum, sessions shall not occur more than one calendar month apart except by written agreement. 

Meeting invites shall be sent upon payment of the invoice and shall be deemed accepted by the Coachee unless the Coacheee makes contact to rearrange the session within 48 hours of the invite being sent.  The duration of each coaching call shall be 60 minutes in length except where otherwise agreed by prior arrangement in writing. Once a mutually agreed date and time is set, the Coach and Coachee agree to be in a quiet space and to join the call at the scheduled time. The Coachee may log in to the call a few minutes early and will be held in an online waiting room until invited into the call at the scheduled call time by the Coach. Should the Coachee be late or not attend the call the Coach shall wait for up to 15 minutes and then close the call, and the fee for the call shall be charged.

7) Expiry of Coaching Packages
All coaching packages must be completed within 12 calendar months of the first session undertaken at which point they will expire. Should the coaching not be completed within 12 months, for example if a reschedule is not possible due to the Coach’s constraints on availability, then it is entirely at the Company’s discretion whether the remaining sessions can be accommodated, or will become expired and will be paid for by the Client, but not be provided to the Coachee.

8) Confidentiality
This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the International Coach Federation Code of Ethics. 

However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognised privilege. The Coach agrees not to disclose any information pertaining to the Client where the Client is made identifiable without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent.

Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. 

The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.

9) Release of Information
The Coach may only release Client information where required to do so by law, and to support the Coach in new or renewals of membership of professional coaching organisations and/or credentials which requires the names and contact information of all Clients for possible verification by the respective coaching body. By paying for services and subsequently attending a scheduled call you hereby agree to have only your a) name, b) contact information, c) start and end dates of coaching and d) number of hours completed shared with relevant professional coaching bodies solely for this purpose and Coach confirms that no personal notes will be shared.

According to the ethics of the coaching profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.

10) Cancellation Policy
Client agrees that it is the Client’s responsibility to notify the Coach at least 7 days in advance of the scheduled calls should the Client wish to cancel. The Coach reserves the right to charge the Client the fee for a meeting cancelled less than 7 calendar days in advance. Where a meeting is cancelled by either Party at least 7 days in advance, depending upon availability the Coach will attempt in good faith to reschedule the missed meeting as soon as possible.

11) Data Retention
The Coach will retain personal information provided by the Client for the duration of the coaching relationship and for a period of 7 years thereafter to comply with any contractual, legal, audit and other regulatory requirements. The personal information may include but is not limited to, the Client’s name, email address, home address, telephone number, start & end dates of all Coaching sessions and a log of hours. 
Any personal information shared via email or other electronic communication will be retained for the duration of the coaching relationship and for a period of 1 year. 
During the retention period, the coach will take reasonable measures to protect the confidentiality and security of the personal information. After the retention period, the coach will securely dispose of the personal information in a manner consistent with applicable laws and regulations, unless the client provides written consent for the coach to retain the information for a longer period. 

12) Termination
Either the Client may terminate this Agreement at any time with at least 7 (seven) calendar days written notice. If at any time the Client or Coach believe the coaching sessions and agreement are no longer serving the needs of the Coachee they may initiate a discussion to rectify the situation, prior to canceling the remainder of the coaching package. 
The Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship.

13) Limited Liability
Except as expressly provided in this Agreement, the Company makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. Expect in respect of death or personal injury caused by negligence, and where permitted by law, the Company shall not be liable to the Client by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement for any consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company, its employees or associates or otherwise) which arise out of or in connection with the supply of the services , except as expressly provided in this Agreement.

14) Entire Agreement
This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.

15) Dispute Resolution
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to (certain amount of time such as 30 days) after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover legal fees and court costs from the other party.

16) Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

17) Waiver
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

18) Applicable Law
This Agreement shall be governed and construed in accordance with the laws of England with exclusive jurisdiction of the London Courts.