Terms and Conditions
1. ABOUT US
1.1. Company details. believe-IN, is a sole-trader company run by Ms. Márcia Pinho (“We”). We operate the website https://www.believein.uk.
1.2 Contacting us. To contact us, please use the follow modes of communication:
Address: UHatch | GCU, Cowcaddens Road, Glasgow, G4 0BA Scotland, United Kingdom.
Tel: +44 0141 374 0219
2. OUR CONTRACT WITH YOU
2.1 Our contract. These terms and conditions (Terms) apply to supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
2.4 Your copy. When you become a client of believe-IN, you will be provided with a copy of these terms and conditions in PDF format. Your copy must be signed and will represent an acceptance of these terms.
3. ARRANGEMENT FOR SERVICES
3.1 Initial Contact. Please use one of the modes of contact provided on our website to make your initial enquiries with us.
3.2 Consultation. After contact is made a representative of believe-IN will arrange an initial 30-minute consultation appointment with you, where we will discuss, in detail, your individual requirements and the potential services we at believe-IN can provide.
3.3 Written Proposal. After the consultation process has been undertaken, you will be provided with a written proposal tailored to your individual requirements. Alongside your written proposal, a copy of these terms and conditions and a service overview sheet will also be provided. The service overview sheet will detail all the specific information of the services and include the relevant legal obligations under which you will be bound should you accept and progress with appointments.
3.4 Acceptance. Your acceptance of the terms will be concluded after you provide us with a signed copy of the service overview sheet upon which you will be bound by the terms thereunder. The Contract of services and the extent of your legal obligations will relate only to those services confirmed in the service overview sheet.
3.5 If we cannot accept your order. If we are unable to supply you with the Services for any reason, we will inform you of this by email. If you have already paid for the Services, we will refund you the full amount.
4. APPOINTMENTS AND CANCELLATION OF APPOINTMENTS
4.1 When you accept the terms and conditions of service, a member of the believe-IN team will arrange with you set appointment days whereby we can supply the services to you.
4.2 There is a minimum commitment for two sessions per month. Where you wish to exceed this amount, please discuss this with us and we will take every measure to accommodate your wishes.
4.3 You warrant to ensure that you will attend all the appointments arranged between us and do so in compliance with the terms hereunder.
4.4 Cancellation by You. To cancel an appointment please comply with the following:
4.4.1 Should you wish to cancel your appointment you must contact us in writing by one of the methods detailed within above.
4.4.2 You must provide us with at least notice of cancellation of an appointment.
4.4.3 Where cancellation falls outside the window of notice, you will be charged the full amount for the appointment.
4.4.4 Where you where unable to meet the cancellation notice requirements detailed under Clause 4.4.2, discretion may be exercised by us, provided that adequate proof is provided. Acceptance of proof is left to the discretion of us.
4.5 Cancellation by Us. Whilst we will strive to ensure that we meet the appointment times and dates, there may be exceptional circumstances under which we will be required to cancel an appointment and reschedule for another times and date. We will strive to ensure you are provided with at least 48-hours’ notice of any cancellation, though we will not be held liable to any claim should such a window of notice not be met.
4.6 Where you have already made payment for an appointment and we have had to cancel that appointment, you will be fully refunded for the cost of that appointment.
5. OUR SERVICES
5.1 Descriptions. Any descriptions or illustrations of the services we provide which are detailed on our site are published for the sole purposes of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
5.2 Changes to specification. Where we have provided you with an overview of how the services and appointments will be delivered, we reserve the sole right to amend the specification if we believe that there is an alternative and better suited means of delivery. Such changes will be discussed with you prior to change.
5.3 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill and will incorporate the best practice methods understood by your consultant.
5.4 Time for performance. We will use all reasonable endeavours to meet any performance dates, however, as detailed in Clause 4.5, circumstances outside of our control may prevent this.
6. YOUR OBLIGATIONS
6.1 It is your responsibility to ensure that:
(a) the information you provide to us, at all stages of communication, from initial consultation onwards is complete and accurate.
(b) you co-operate with us in all matters relating to the Services.
(c) you provide us with such information and materials we may reasonably require in order to supply the Services,
(d) You ensure that such information is complete and accurate in all material respects.
6.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in Clause 6.1 (Your Default):
(a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services;
(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
(c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
7. INTERNATIONAL SERVICE DELIVERY
7.1 We may have the resources and ability to provides services to international clients. Please contact us to discuss this further.
7.2 Nothing in these terms will impart any form of legal obligation to conduct services to any person outside of the UK.
7.3 Should we accept the deliverance of any appointment outside of the UK, the services will be bound in accordance with UK law.
8.1 In consideration of us providing the Services you must pay our charges (Charges) in accordance with this Clause 8.
8.2 The Charges and fees associated with the delivery of our services will be quoted on the service overview sheet provided to you.
8.3 If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly.
9. HOW TO PAY
9.1 Payment for the Services is in advance and must be made at least 2-hours prior to the specific appointment.
9.2 You can pay for the Services using a debit card or credit card.
10.1 If a problem arises or you are dissatisfied with the Services provided by us, please contact us and we take every step to understand, appreciate and remedy any issue.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) will be owned by us.
11.2 We agree to grant licence during the term of the Contract to copy the deliverable material provided to you in connection with the delivery of our services. You may not sub-license, assign or otherwise transfer the rights granted in this Clause 11.2.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 We will use any personal information you provide to us to:
(a) provide the Services;
(b) process your payment for the Services; and
12.3 All personal information will be processed in accordance with the latest privacy requirements.
13. LIMITATION OF LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
13.1 Nothing in the Contract limits or excludes our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors.
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
13.2 Subject to Clause 13.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.
14.1 We each undertake that we will not at any time disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by Clause 14.2.
14.2 We each may disclose the other’s confidential information:
(a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this Clause 14; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
14.3 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
15.1 Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14-days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment.
(c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction];
(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
15.2 On termination of the Contract you must return all of Our Materials and any deliverables specified in your order which have not been fully paid for. If you fail to do so, then we may enter your premises and take possession of them. Until they have been returned, you will be solely responsible for their safe keeping and must not use them for any purpose unconnected with the Contract.
15.3 Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
15.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
16. COMMUNICATIONS BETWEEN US
16.1 When we refer to “in writing” in these Terms, this includes email.
16.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
16.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address.
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.
16.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
16.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
17.1 ASSIGNMENT AND TRANSFER.
(a) We may assign or transfer our rights and obligations under the Contract to another entity [but will always notify you in writing or by posting on this webpage if this happens.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
17.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
17.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
17.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
17.6 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.