THE BUSINESS KITCHEN LTD TERMS AND CONDITIONS
BACKGROUND:
These Terms and Conditions shall apply to the services provided by The Business Kitchen Ltd (the company) of Sunnyfield House, Sunnyfield Lane, Up Hatherley, Glos GL51 6JE. The company provides training and coaching to small business owners via a 12 module programme.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"Agreement" means the agreement entered into by the Service Provider and the Client incorporating these Terms and Conditions (or variation thereof agreed upon by both Parties) which shall govern provision of the Services
"Commencement Date" means the date on which provision of the Services will commence, as defined in the Agreement
"Confidential Information" means, in relation to either Party and Other Members, information which is disclosed during any workshops or other meetings (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);
"Fees" means any and all sums due under the Agreement from the Client to the Service Provider, as specified in the Agreement;
“Member” means the party procuring the Services from the Service Provider who shall be identified in the Agreement
"Membership" means a membership of the programme
"Programme" means a series of 12 training modules
“Services” means the services to be provided by the Service Provider to the Client in accordance with Clause 2 of the Agreement, as fully defined in the Agreement, and subject to the terms and conditions of the Agreement; and
"Term" means the term of the Agreement as defined therein
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
1.2.2 a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions; and
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 Words imparting the singular shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
2. Provision of the Services
2.1 With effect from the Commencement Date, the Service Provider shall, throughout the Term of the Agreement, provide the Services to the Client.
2.2 The Service Provider shall provide the Services with reasonable skill and care.
2.3 The Service Provider shall be responsible for ensuring that it complies with all statutes, regulations, byelaws, standards, codes of conduct and any other rules relevant to the provision of the Services.
2.4 The Service Provider shall provide an advisory and coaching service - any actions needed shall be undertaken by the client
2.5 The Service Provider shall ensure that it has in place at all times suitable and valid insurance that shall include public liability insurance.
3. Client’s Obligations
3.1 The Client shall use all reasonable endeavours to implement the action plans arising from each session
3.2 The Client shall pay the Fees to the Service Provider in accordance with the provisions of the Agreement..
3.3 The Client shall indemnify the Service Provider against any costs, liability, damages, loss, claims or proceedings arising from loss or damage to any equipment (including that belonging to any third parties appointed by the Service Provider) caused by the Client or its agents or employees.
3.4 The client shall respect the sensitivity of information shared by other members and shall not disclose this information to other parties unless expressly agreed with the relevant member
4. Term and Termination
4.1 The Agreement shall come into force on the agreed Commencement Date and shall continue for a period of 13 months from that date or until the full set of modules have been delivered whichever is the longer.
4.2 Either Party may terminate the Agreement following the 'Starters' module and the initial registration fee will be returned
4.3 Either Party shall have the right to terminate the Membership, exercisable by giving not less than 3 months written notice to the other at any time prior to the expiry of the Term specified in the Agreement.
4.4 The Service Provider may immediately terminate the Agreement by giving written notice to the other Party if any sum owing to that Party by the other Party under any of the provisions of the Agreement is not paid within 7 Business Days of the due date for payment.
4.5 .Termination of the agreement at any other time than immediately after the 'Starters' module will not result in a refund of any fees
5. Data Protection
The Business Kitchen Ltd will not share Members’ personal data with any third parties for any reasons without the prior consent of the Member concerned. Such data will only be collected, processed and held in accordance with the company's rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
6. Relationship of the Parties
Nothing in the Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in the Agreement.
7. Law and Jurisdiction
7.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
7.2 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
BACKGROUND:
These Terms and Conditions shall apply to the services provided by The Business Kitchen Ltd (the company) of Sunnyfield House, Sunnyfield Lane, Up Hatherley, Glos GL51 6JE. The company provides training and coaching to small business owners via a 12 module programme.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"Agreement" means the agreement entered into by the Service Provider and the Client incorporating these Terms and Conditions (or variation thereof agreed upon by both Parties) which shall govern provision of the Services
"Commencement Date" means the date on which provision of the Services will commence, as defined in the Agreement
"Confidential Information" means, in relation to either Party and Other Members, information which is disclosed during any workshops or other meetings (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);
"Fees" means any and all sums due under the Agreement from the Client to the Service Provider, as specified in the Agreement;
“Member” means the party procuring the Services from the Service Provider who shall be identified in the Agreement
"Membership" means a membership of the programme
"Programme" means a series of 12 training modules
“Services” means the services to be provided by the Service Provider to the Client in accordance with Clause 2 of the Agreement, as fully defined in the Agreement, and subject to the terms and conditions of the Agreement; and
"Term" means the term of the Agreement as defined therein
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
1.2.2 a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions; and
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 Words imparting the singular shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
2. Provision of the Services
2.1 With effect from the Commencement Date, the Service Provider shall, throughout the Term of the Agreement, provide the Services to the Client.
2.2 The Service Provider shall provide the Services with reasonable skill and care.
2.3 The Service Provider shall be responsible for ensuring that it complies with all statutes, regulations, byelaws, standards, codes of conduct and any other rules relevant to the provision of the Services.
2.4 The Service Provider shall provide an advisory and coaching service - any actions needed shall be undertaken by the client
2.5 The Service Provider shall ensure that it has in place at all times suitable and valid insurance that shall include public liability insurance.
3. Client’s Obligations
3.1 The Client shall use all reasonable endeavours to implement the action plans arising from each session
3.2 The Client shall pay the Fees to the Service Provider in accordance with the provisions of the Agreement..
3.3 The Client shall indemnify the Service Provider against any costs, liability, damages, loss, claims or proceedings arising from loss or damage to any equipment (including that belonging to any third parties appointed by the Service Provider) caused by the Client or its agents or employees.
3.4 The client shall respect the sensitivity of information shared by other members and shall not disclose this information to other parties unless expressly agreed with the relevant member
4. Term and Termination
4.1 The Agreement shall come into force on the agreed Commencement Date and shall continue for a period of 13 months from that date or until the full set of modules have been delivered whichever is the longer.
4.2 Either Party may terminate the Agreement following the 'Starters' module and the initial registration fee will be returned
4.3 Either Party shall have the right to terminate the Membership, exercisable by giving not less than 3 months written notice to the other at any time prior to the expiry of the Term specified in the Agreement.
4.4 The Service Provider may immediately terminate the Agreement by giving written notice to the other Party if any sum owing to that Party by the other Party under any of the provisions of the Agreement is not paid within 7 Business Days of the due date for payment.
4.5 .Termination of the agreement at any other time than immediately after the 'Starters' module will not result in a refund of any fees
5. Data Protection
The Business Kitchen Ltd will not share Members’ personal data with any third parties for any reasons without the prior consent of the Member concerned. Such data will only be collected, processed and held in accordance with the company's rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
6. Relationship of the Parties
Nothing in the Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in the Agreement.
7. Law and Jurisdiction
7.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
7.2 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
