BUSINESS TERMS & CONDITIONS FOR THE PROVISON OF SERVICES

 

BACKGROUND:

 

These Terms of Sale set out the terms under which Services are sold and provided by Us to business customers through this website, https://peterabrahamsen.com/  (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering or engaging us to provide any Services from Us or Our Site.  You will be required to read and accept these Terms of Sale when ordering Services.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to engage Us to provide Services or order Services through Our Site.

 

  1. Definitions and Interpretation
    • In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

 

“Contract”means a contract for the purchase and sale of Services, as explained in Clause 7;
“Data Protection Legislation”means 1) unless and until EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in the UK and subsequently 2) any legislation which succeeds the GDPR;
“Order”means your order for the Services;
“Order Confirmation”means Our acceptance and confirmation of your Order;
“Order Number”means the reference number for your Order;
“Services”means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation) and briefly explained in Clause 2 below; and

“Training”

 

 

“We/Us/Our”

means a session whether mentoring, coaching, training, advising and “Trainer” shall be construed accordingly.

 

 

means Abrahamsen Limited a company registered in England & Wales under number 10609207 whose registered address is 11 Castle Hill Maidenhead Berkshire SL6 4AA trading as Peter Abrahamsen Coaching trading from 23 Aysgarth Park, Holyport Maidenhead Berkshire SL6 2HG (“PA Coaching”).

 

  1. Information About Us
    • Our Site, https://peterabrahamsen.com/ is owned and operated by Abrahamsen Limited (“PA Coaching”) a limited company registered in England & Wales under No 10609207 whose registered address is 11 Castle Hill Maidenhead Berkshire SL6 4AA.
    • PA COACHING was set up by Peter Abrahamsen MBPS Psychologist, Speaker, Author, Counsellor, Coach to provide strategy and transformative Programmes for businesses through a structured series of modular sessions details of which are confirmed on application.
    • PA COACHING is a mental health Educator providing training in a number of areas through modular sessions. PA COACHING is not responsible to your or anyone who you engage to sit in on the sessions inability to follow or benefit from the training sessions and does not warrant any specific qualitative or quantitative outcome. What you or your organisation take away from the sessions is a matter that We will not be liable for and you should not take up the Services if you do not accept this.

Healthy Minds for Business programme will include the following modules:

Module 1 Current state health check of the business.

Module 2 Overcoming to high absenteeism and presentism.

Module 3 Understanding and reducing staff turnover

Module 4 Achieving high employee engagement and productivity

  • Our aim is to leave you able to create and maintain a healthy culture in your business that leaves you and your organisation able to focus and your core business principles to the best effect.

 

  1. Access to and Use of Our Site
    • Access to Our Site is free of charge.
    • It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    • Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
    • Use of Our Site is subject to Our Website Terms of Use [insert link to B2B Term of Use of website]. Please ensure that you have read them carefully and that you understand them.

 

  1. Business Customers and Consumers
    • These Terms of Sale apply to business customers only. These Terms of Sale do not apply to individual consumers purchasing Services for personal purposes (that is, not in connection with, or for use in, their trade, business, craft, or profession).  If you are a consumer, please contact us at [email protected] for information about our consumer business terms and conditions.
    • These Terms of Sale, together with any other terms and, where applicable, Data Processing Agreements referenced herein that are applicable to the Services ordered, constitute the entire agreement between Us and you with respect to your purchase of Services from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out or otherwise referred to in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein. 
  1. Services Location

Our Services will be delivered either:

  • at physical locations including offices, schools, colleges, libraries, hotels and other geographical locations at such other areas as will be notified prior to signing up for them, or
  • as online training. 
  1. Services, Pricing and Availability
    • We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.
    • Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Services, not to different Services altogether.
    • Where appropriate, you may be required to select the required specific Services.
    • We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on Our Site.
    • We make all reasonable efforts to ensure that all Our prices are correct. Our prices depend on the programme you choose and are provided by Us on application. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any Order that you have already placed (please note sub-Clause 6.8 regarding VAT, however).
    • All prices are provided by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed.  We will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof).  We will not proceed with processing your Order until you respond.  If We do not receive a response from you within 7 calendar days, We will treat your Order as confirmed and notify you of the same in writing. By proceeding to place the Order you agree to this.
    • In the event that the price of Services you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
    • Prices are exclusive of VAT. If we register for VAT and/or the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

 

  1. Orders – How Contracts Are Formed
    • Our Site will guide you to the ordering process. Please ensure that you have checked your Order carefully before submitting it.
    • No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that We have accepted it.  Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you (“the Contract”).
    • Order Confirmations can be in any format but shall contain the following information:
      • Your Order reference;
      • Confirmation of the Services ordered;
      • Confirmation of the pricing for the Services ordered including;
      • The location of the training (or if it is to be online then confirmation of that) and the date(s) and times for the training and if a course then all the dates and times for the course.
    • We can provide a paper copy of the Order Confirmation on request.
    • If for any reason We do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If We have taken payment, any such sums will be refunded to you as soon as possible and in any event within 7 calendar days.
    • You may change your Order at any time before We begin providing the Services by contacting Us in writing by email at [email protected]
    • If you change your Order, We will confirm all agreed changes in writing (writing included email.)
    • We may cancel your Order at any time before We begin providing the Services in the following circumstances:
      • The required personnel necessary for the provision of the Services are not available; or
      • An event outside of Our control continues for more than 7 business days (please refer to Clause 15 for events outside of Our control).
    • If We cancel your Order under sub-Clause 7.8 and We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 calendar days. If We cancel your Order, you will be informed by email and at our discretion by letter so that the cancellation will be confirmed in writing by either email or letter at our discretion.
    • Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Services.

 

  1. Payment
    • Payment for the Services will be due in the form of an advance payment of 100% of the total price for the Services not more than 5 business days after We confirm the Order to You. Price and payment details will be confirmed in the Order Confirmation. Your chosen payment method will be charged as indicated.
    • All sums due must be paid in full without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
    • We accept the following methods of payment:
      • credit or debit card, online bank transfer.
    • If you do not make any payment to Us by the due date as shown in/on Order Confirmation at our discretion We may charge you interest on the overdue sum at the rate of 4 % per annum above the base lending rate of the Bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment.  You must pay any interest due when paying an overdue sum.
    • The provisions of sub-Clause 8.4 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will be payable while such a dispute is ongoing.  Once any such dispute is resolved, We will charge interest on correctly invoiced sums from the original due date.

 

  1. Provision of the Services
    • We will provide the Services with reasonable skill and care consistent with best practices and standards in the psychology sector. We will begin providing the Services on the date agreed when you make your Order (which We shall confirm in the Order Confirmation).
    • We will make every reasonable effort to provide the Services in a timely manner. We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please refer to Clause 15 for events outside of Our control.
    • Any and all personal data processed by Us (as a data processor) on your behalf (as a data controller) in the course of providing the Services shall be processed in accordance with the terms of any separate Data Processing Agreement between Us and you, as per the requirements of the Data Protection Legislation only where relevant. For more information see our Privacy Policy at [insert link].
    • If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Depending upon the nature of the Services you have ordered, We may require information or action such as your ability to access online sessions.
    • If the information you provide or the action you take under sub-Clause 9.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a problem arising as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, at our discretion We may charge you a reasonable additional sum for that work.
    • In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 9.4, We may suspend the Services (and will inform you of that suspension by email, phone or letter or a combination).
    • In certain circumstances, for example where We encounter a technical problem, or the trainer falls ill, We may need to suspend or otherwise interrupt the Services to resolve the issue. Unless the issue is an emergency that requires immediate action We will inform you in advance by phone, email, and/or letter, before suspending or interrupting the Services.
    • If the Services are suspended or interrupted under sub-Clauses 9.6, or 9.7 you will not be required to pay for them during the period of suspension. You must, however, pay any sums that may already be due by the appropriate due date(s).
    • If you do not pay Us for the Services as required by Clause 8, We may suspend the Services until you have paid any and all outstanding sums due. If this happens, We will inform you by phone, email and/or letter.  This does not affect Our right to charge you interest on any overdue sums under sub-Clause 8.4.
    • We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services please contact Us as soon as is reasonable possible via email at [email protected]  or phone at +44 (0)7754 652 590.
    • We will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical.
    • We will not charge you for remedying problems under this Clause 9 where the problems have been caused by Us, or any of Our agents or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by You, including your provision of incorrect or incomplete information or taking of incorrect action, sub-Clause 9.6 will at our discretion, apply and We may charge you for the remedial work.

 

  1. Cancelling the Services
    • Cancellation of Contracts shall be subject to the specific terms governing the Services in question and may be subject to a minimum contract duration. Pre provision of Services You may cancel up to 7 business days before the Services are to be provided without charge.
    • Notice of cancellation must be confirmed by you by email or letter but can be initiated by phone call. Transfers to other dates may be possible subject to availability.
    • Where cancellation (not rearrangement) takes place within 7 business days prior to the date of the course 50% of the cost will be charged, invoiced and payable, and for rearrangement in this period an additional 10% of the cost will be charged, invoiced and payable.
    • Where cancellation takes place more than 7 business days prior to the date of the course no cost will be charged or invoiced and for rearrangements in this period a 10% of the cost will be charged, invoiced and payable.
    • By placing an Order and contracting for the Services You agree that the provisions of this Clause 10 are reasonable. You acknowledge that we may have committed to costs and expenses and/or be put to additional administrative time and cost as a result of your cancellation within the 7 business day period.
    • If you wish to cancel under this Clause 10 you may inform Us of your cancellation in any way you wish, however for your convenience please use the following details:
      • Telephone: +44 (0)7754 652 590
      • Email: [email protected]
      • Post: 23 Aysgarth Park Holyport Maidenhead Berkshire SL6 2HG;

In each case, providing Us with your name, address, email address, telephone number, and Order Number.

  • We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.
  • Eligibility for refunds may vary according to the Services ordered. Post commencement of provision of the Services You will be required to pay for 100% of the Services supplied up until the point at which you inform Us that you wish to (please note that pre-provision of the Services this may include charges for       preparatory work that We have undertaken where We have reasonably incurred   costs).  Such sums will be deducted from any refund due to you or, if no refund is      due, We will invoice you for the relevant sums.
  • Refunds under this Clause 10 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
  • Refunds under this Clause 10 will be made using the same payment method that you used when ordering the Services.

 

  1. Ending the Contract Because of Something We Have Done (or Will Do)
    • You may end the Contract immediately at any time by giving Us written notice (includes email) in the following circumstances:
      • We breach the Contract in a material way and fail to remedy the breach within 7 business days of you asking Us to do so in writing;
      • We go into liquidation or have a receiver or administrator appointed over Our assets;
      • We change these Terms of Sale to your material disadvantage;
      • We are adversely affected by an event outside of Our control that continues for more than 14 calendar days (as under sub-Clause 15.2.5).
    • If you wish to cancel under this Clause 11, you may inform Us of your cancellation in any way you wish, however for your convenience please use the following details:
      • Telephone: +44 (0)7754 652 590
      • Email: [email protected]
      • Post: 23 Aysgarth Park Holyport Maidenhead Berkshire SL6 2HG

In each case, providing Us with your name, address, email address, telephone number, and Order Number.

  • We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.
  • Eligibility for refunds may vary according to the Services ordered. You will be required to pay for Services supplied up until the point at which you inform Us that you wish to cancel (please note that this may include charges for preparatory work that We have undertaken where We have reasonably incurred costs). Such sums will be deducted from any refund due to you or, if no refund is due, If you are cancelling due to Our breach under sub-Clause 11.1.1 you will not be required to make any payment to Us (unless such failure is due to an event outside of Our control or is due to your failure to comply with any of your obligations).
  • Refunds under this Clause 11 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
  • Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Services.

 

  1. Our Rights to Cancel
    • For cancellations before We begin providing the Services, please refer to sub-Clause 7.8.
    • We may cancel the Contract after We have begun providing the Services due to an Event outside of Our control that continues for more than 14 calendar days (as under sub-Clause 14.2.4), or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services. In such cases, you will only be required to pay for Services that We have already provided up until the point at which We inform you that We are cancelling.  Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.
    • Once We have begun providing the Services, We may cancel the Contract at any time and will give you at least 14 calendar days written notice of such cancellation. You will only be required to pay for Services that you have received.  Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.
    • We may cancel immediately by giving you written notice in the following circumstances. You will only be required to pay for Services that We have already provided up until the point at which We inform you that We are cancelling.  Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums:
      • You fail to make a payment by the due date as set out in Clause 8. This does not affect Our right to charge you interest on any overdue sums as set out in sub-Clause 8.4; or
      • You breach the contract in a material way and fail to remedy the breach within 7 calendar days of Us asking you to do so in writing.
    • Refunds under this Clause 12 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
    • Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Services.

 

  1. Our Liability
    • Subject to sub-Clauses 13.3 and 13.4, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
    • Subject to sub-Clauses 3 and 13.4 Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be capped at either £1000 or 50% of the total sums paid by you under the contract in question, whichever is the greater sum.
    • Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
    • If We are providing Services in your premises and We cause any damage, We will make good that damage at no additional cost to you. We are not responsible for any pre-existing faults or damage in or to your premises that We may discover while providing the Services.
    • We give no warranty that you or your employees, directors, consultants or anyone that you put forward to receive the Services gains any benefit from them. We will not be liable to you in this case.

 

  1. Events Outside of Our Control (Force Majeure)
    • We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, failure of our trainers to turn up where we have tried unsuccessfully to get a replacement, failure for reasons out of our control for the premises where the Services are provided or any other event that is beyond Our reasonable control.
    • If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
      • We will inform you as soon as is reasonably possible;
      • Our obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
      • We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
      • If the event outside of Our control continues for more than 14 calendar days We may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform you of the cancellation;
      • If an event outside of Our control occurs and continues for more than 14 calendar days and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience please use the following details:

Telephone: +44 (0)7754652 590

Email: [email protected]

Post: 23 Aysgarth Park Holyport Maidenhead Berkshire SL6 2HG

In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel.

 

  1. Communication and Contact Details
    • If you wish to contact Us with general questions or complaints, you may contact Us by telephone at +44 (0)7754652590 by email at [email protected] or by post at 23 Aysgarth Park Holyport Maidenhead Berkshire SL6 2HG
    • For matters relating to Our Services or your Order, please contact Us as 15.1 above;
    • For matters relating to cancellations, please contact Us as 15.1 above;

 

  1. Complaints and Feedback
    • We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint:
      • In writing, addressed to Mr Peter Abrahamsen, Peter Abrahamsen Coaching; 23 Aysgarth Park, Holyport Maidenhead Berkshire SL6 2HG.
      • By email, addressed to [email protected]
      • By contacting Us by telephone on +44 (0)7754 652590

 

  • If you wish to give Us feedback about any aspect of your dealings with Us, please contact Us in one of the following ways above.

 

  1. How We Use Your Personal Information (Data Protection)
    • All personal information of yours that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
    • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy [insert link] and Cookie Policy [insert link].

 

  1. Other Important Terms
    • We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
    • The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
    • If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
    • No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
    • We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale at any time, We will give you at least 7 business days written notice of the changes before they come into effect.  If you wish to cancel the Contract as a result, please refer to sub-Clause 11.1.3.
    • We are not responsible for any personal belongings at any premises where we provide Services. We do not undertake to keep them safe or provide any storage place for them. Their loss or damage will be at your and where appropriate your attendees’ own risk except where such loss or damage is due to any deliberate or negligent act by Us. We will not be responsible for any loss or damage to your or where appropriate the attendee’s personal belongings caused by any other attendee, guest or visitor to any premises where we provide Services even where items are left or stored there even if at our suggestion.
    • If a Session takes place at Your premises, we do not undertake to keep Your premises, or your or your attendees or another’s personal belongings or office effects at your premises safe or secure. Loss of or damage to them will be at your and your attendees’ own risk except where such loss or damage is due to any deliberate or negligent act by Us.

 

 

  1. Law and Jurisdiction
    • These Terms and Conditions and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
    • Any disputes concerning these Terms and Conditions the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall subject to Clause 20 be subject to the exclusive jurisdiction of the courts of England and Wales.

 

  1. Arbitration
    • All disputes, differences or questions arising out of this Agreement or as to the rights or obligations of the parties under it or in connection with its construction shall be referred to arbitration by a single arbitrator to be agreed between the parties or, failing agreement, within 14 business days by an arbitrator to be appointed at the request of any party by the President for the time being of the Law Society for England & Wales having due regard to any representations made to him as to the appropriate qualifications of such arbitrator. The arbitration shall take place in London and shall be in accordance with the Arbitration Act 1996 or any re-enactment or modification of such Act for the time being in force.
    • The parties agree to exclude any right of application or appeal to the English courts concerning any question of law arising in the course of the arbitration.