You are accepting these Terms & Conditions in their entirety when you place an order with us, by clicking to accept your Training Contract, email us confirmation that you want to proceed with a Training Contract, signing your agreement form, paying the deposit for your project, paying the first instalment of your project, paying for your project in full OR using any “materials” which we have produced in any way whatsoever. These Terms & Conditions will not be varied other than as agreed in writing by us.
The following expressions shall have the following meanings:
1.1 “Trainer” means Jerome Roith of Property Planning Gain Ltd.
1.2 “Client” means any party who enters into a contract for training Services with the Trainer;
1.3 “Training Contract” means a booking document, registration form, letter of engagement, scope document, any training product/service purchased from or through Property Planning Gain Ltd. Application form, program outline, quotation or other written instruction describing the Services and requesting a contract for those Services;
1.4 “Services” means the training services as described in the Training Contract and these Terms and Conditions;
1.5 “Fees” mean the payment for Services as outlined in these Terms and Conditions
and the Training Contract;
1.6 “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the Trainer;
1.7 “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, right to extract or exploit information from a database, database rights, know how, confidential information or process, any application for any of the above, and any other Intellectual Property Right recognised in any part of the world whether or not presently existing or applied for.
1.8 “Agreement” means the contract between the Trainer and the Client for the provision of the Services incorporating these Terms and Conditions.
1.9 “Materials” means any artwork, graphic design, web design, logo design, slogans, Search Engine Optimisation, video, photography, copy, text, learning, ideas and content in its entirety or in part, which we have produced or inspired.
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by the Trainer to the Client and shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Trainer.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Trainer may be entitled in relation to the Services, by virtue of any statute, law or regulation.
3.1 The Training Contract is attached to or makes reference to these Terms and Conditions.
3.2 The Training Contract must be accepted by the Client in its entirety.
3.3 The Agreement between the Trainer and the Client, incorporating these Terms and Conditions, comes into force when you place an order with us, by clicking to accept your Training Contract, email us confirmation that you want to proceed with a Training Contract, signing your agreement form, paying the deposit for your project, paying the first instalment of your project, paying for your project in full OR using any “materials” which we have produced in any way whatsoever.
4.1 The Services are as described in the Training Contract and in these Terms and Conditions.
4.2 Any variation to the Services must be agreed by the Trainer in writing.
4.3 The Trainer shall take all reasonable measures to keep training information correct but may alter training techniques and services at any time. The Trainer shall notify the Client in writing of any such changes.
4.4 The Services shall commence on the agreed start date and shall continue (subject to the terms of this Agreement) for the duration of the training period purchased or agreed to.
4.5 The Services shall be carried out at the location described on the Training Contract or other location as agreed by the Trainer.
4.6 Dates given for the delivery of Services are estimates only and not guaranteed. Time for delivery shall not be of the essence of the Agreement and the Trainer shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Services.
4.7 Training sessions shall be conducted on an individual basis as agreed with the Trainer and specified on the Training Contract.
4.8 Training sessions shall take place in person, by phone or online as determined and intimated by the Trainer to the Client.
5.1 The price for Services is as specified in the Training Contract and is inclusive of VAT and any other charges as outlined in the Training Contract.
5.2 The terms for payment are as specified in the Training Contract.
5.4 In the event that a session, at the Client’s request, is conducted at a place other than the Trainer's normal preferred venue the Client is responsible for the expenses incurred by the Trainer when travelling to and from the session.
5.5 The Client is responsible for the full costs of any books and materials provided or otherwise required by the Trainer for the purpose of providing the Services.
5.6 The Client must settle all payments for Services in advance of the services being delivered.
5.7 The Client will pay interest on all late payments at a rate of 5% per annum above the base lending rate of the Bank of England.
5.8 The Trainer is also entitled to recover all reasonable expenses incurred in obtaining payment from the Client where any payment due by the Client is late.
5.9 The Client is not entitled to withhold any monies due to the Trainer.
5.10 The Trainer is entitled to vary the price to take account of:
5.10.1 any additional Services requested by the Client which were not included in the original Training Contract;
5.10.2 any reasonable increase in rates, if applicable; and any variation must be intimated to the Client in writing by the Trainer.
5.11 The Trainer shall be responsible for the payment of National Insurance contributions, Income Tax, VAT or other liabilities arising out of remuneration for providing the Services.
6.1 The Client agrees to co-operate fully with the Trainer with regard to the obligations set down in these Terms and Conditions.
6.2 The Client must attend training sessions promptly, including making telephone calls or sending any requested e-mails on time. If the Client is delayed in respect of these commitments the Trainer shall not be under any duty to extend the time of the session or reply to any telephone or e-mail messages.
6.3 The Client must ensure that regular practice of learned skills is undertaken between each session and any tasks set by the Trainer are completed in full.
6.4 The Client agrees to pay the Fees as specified on the Training Contract and in these Terms and Conditions.
6.5 The Client must behave in a respectful and appropriate manner at all times. Disruptive or threatening behaviour will result in termination of this Agreement. In such cases no refunds shall be payable by the Trainer to the Client.
6.6 The Client must bring to the attention of the Trainer any dissatisfaction with the Services as soon as the Client becomes aware of such issues.
6.7 If the Client uses car parking facilities at the place of business of the Trainer or chosen venue of the Trainer, the Client is solely responsible for any damage or loss to the vehicle or its contents.
6.8 Persons other than the Client are not permitted to attend a lesson unless the prior consent of the Trainer has been obtained.
6.9 The Client must take responsibility for their own development and the exploration of new ideas, strategies and approaches.
7.1 The Trainer shall supply the Services as specified in the Training Contract and in these Terms and Conditions.
7.2 The Trainer shall perform the Services with reasonable skill and care and to a reasonable standard.
7.3 The Trainer shall provide the agreed support for the facilitation of the Client’s professional development against an agreed set of objectives. The Trainer cannot guarantee the achievement of these objectives.
7.4 The Trainer will seek to enable the Client to improve the quality and success of their business and to achieve other desired outcomes. However, the Client has sole responsibility for taking important decisions in their business. The Trainer has no liability for any loss incurred by any Client, whether financial or otherwise, following commencement of mentoring sessions, or for any perceived failure by the Client, whether justified or otherwise, to achieve a material improvement in quality or success of their business or to achieve their desired outcomes or goals.
7.5 The Trainer shall maintain the strictest confidentiality in terms of the Client’s Intellectual Property, business affairs or other personal information, unless there are exceptional reasons (such as risk to health, personal safety or infringement of the law).
8.1 Payments for training fees are non-refundable and non-transferable.
8.2 A refund is only considered in exceptional circumstances where the Client contacts the Trainer within 48 hours of a booked session. Any such refund is made at the discretion of the Trainer and maybe subject to an administration fee of 10% deducted prior to any refund being made.
8.3 The Money Back Guarantee is only applicable for up to 48 hours after the Client’s first
session.
9.1 Fees are non-refundable in the event of cancellation of a session or course of sessions on the part of the Client. Clients are advised to hold insurance to cover such circumstances.
9.2 If the Trainer is unable to hold a booked session all attempts will be made to provide an alternative trainer of the same professional standard or to offer an alternative date that is suitable to the Client.
9.3 In the event that the Trainer cancels a lesson a full refund of Fees shall be made to the Client.
The Trainer shall comply with the Data Protection Act 2018 and any other applicable data protection legislation concerning the processing of the Client’s personal data.
11.1 The Trainer may terminate this Agreement with immediate effect if the Client demonstrates any physical or verbal abuse towards the Trainer.
11.2 The Client may terminate the Agreement if the Trainer fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 30 days after notification of non-compliance is given.
11.3 The Trainer may terminate the Agreement if the Client has failed to make over any payment due within 30 days of the sum being requested.
11.4 Either party may, with immediate effect, terminate the Agreement by notice in writing to the other if:
11.4.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
11.4.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
11.4.3 the Trainer passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
11.4.4 the Trainer ceases to carry on its business or substantially the whole of its business; or
11.4.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
11.5 In the event of termination the Client must make over to the Trainer any payment for Services incurred up to the date of termination.
11.6 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
13.1 The Trainer shall not be liable under any circumstances to the Client or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Client or other third party howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
13.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Trainer for death or personal injury, however the Trainer shall not be liable for any direct loss or damage suffered by the Client or third party howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the insurance policy held by the Trainer in the insurance year in which the claim is first notified.
The Client shall indemnify the Trainer against all claims, costs and expenses which the Trainer may incur and which arise directly or indirectly from the Client’s breach of any of its obligations under these Terms and Conditions.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Trainer.
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Training Contract or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
