Terms and Conditions
1.1. “Contractor” means a contractor, service provider, expert or other third party engaged from time to time by BC Team Coaching to perform (or assist in performing) part or all of the Services.
1.2. “Customer” means the customer whose Order for the Services is accepted by BC Team Coaching.
1.3. “BC Team Coaching” means Bernard Chanliau & Associates, a company registered in Dublin, Ireland, under number 591109, and its affiliates.
1.4. “Order” means a booking, registration or other order in writing (whether by e-mail, fax or otherwise) by the Customer for the provision of the Services.
1.5. “Payment Due Date” means the date upon which a payment for the Services falls due.
1.6. “Services” means the coaching, management training, assessments, workshops, speaking engagements or other such services as BC Team Coaching may agree to provide (or have provided) in accordance with these Terms.
1.7. “Terms” means these terms and conditions, as may be amended from time to time by BC Team Coaching, and any additional terms as may be agreed in writing between BC Team Coaching and the Customer.
2. Entire Agreement.
2.1 These Terms form part of every proposal, quotation, offer, Order or contract for service made by BC Team Coaching to the Customer in relation to the Services and shall not be varied without the express written agreement of BC Team Coaching.
2.2 The Order and these Terms shall constitute the entire agreement between BC Team Coaching and the Customer in respect of the supply of the Services and shall supersede any previous negotiations, commitments and writings in respect thereof and shall apply to the exclusion of any other terms even if contained in any of the Customer’s documents which purport to provide that the Customers own terms shall prevail. Any purported alteration, modification, amendment or addition to these Terms (and/or the Order) shall be void and of no effect, unless the same shall have been expressed in writing and signed by the duly authorised representative of both parties hereto.
2.3 By placing the Order, the Customer accepts these Terms.
3. Bookings and Order Acceptance.
3.1 All Orders are subject to availability and to acceptance in writing by BC Team Coaching. Acceptance may be issued by e-mail, unless otherwise requested when the Order is placed.
3.2 Any clerical errors or omissions contained within any quotation, acknowledgement, confirmation or invoice submitted by BC Team Coaching will be rectified by BC Team Coaching on the discovery and, as soon as practicable, notified to the Customer; such errors or omissions will not be binding on BC Team Coaching and rectification thereof will not invalidate the contract.
4. Pricing and Payment Terms.
4.1 Catalogues, price lists and other advertising literature or materials used by BC Team Coaching are intended only as an indication as to price and are subject to change without notice.
4.2 Prices given by BC Team Coaching at the time of the Order may be subject to Value Added Tax (VAT) and similar taxes or charges, as applicable. All such taxes and charges (if any) will be payable by the Customer.
4.3 Except and to the extent BC Team Coaching, in its absolute discretion, otherwise agrees in writing in respect of any particular project or Service, the following payment terms shall apply in respect of the following Services:
Management Training Course Delivery / Facilitation:
50% of the total price is payable upon booking and acceptance of the Order and the remaining 50% is payable by no later than 14 days from the date of delivery and/or completion of the Services;
2. Public Workshops / Personality Assessments and Speaking Engagements:
Payment in full of the total price upon booking and acceptance of the Order;
3. Coaching Engagements and other Services:
Payment in full of the total price on or before the date of commencement of the Services, unless and to the extent instalment payments (such as those indicated at paragraph 4.3.(1) above) have been agreed in writing by BC Team Coaching.
However, where staged monthly fees have been agreed in writing by BC Team Coaching (e.g., for engagements of six (6) months duration or longer), fees will be invoiced on the first day of the month and are payable no later than the first day of the following month. For late payments, a penalty of €50 for each ten (10) day period shall apply from the Payment Due Date until payment is received, plus interest. Where direct debit arrangements have been agreed, payments will be debited on the 28th of each month, with no exceptions.
4.4 The currency for all payments due hereunder shall be Euro.
4.5 Credit card payments may be made via Paypal, accessible via the BC Team Coaching website and shall be subject to a processing charge of 3% of the transaction amount and such other terms and conditions as may be prescribed from time to time by Paypal. A refunded fee charge may apply and be deducted from your Paypal account in respect of any contested Paypal transaction found to be valid.
4.6. BC Team Coaching reserves the right to charge interest on all late payments in accordance with the European Communities (Late Payment in Commercial Transactions) Regulations 2002 (SI 388 of 2002) and any amendment or re-enactment thereof. Under these Terms, payment shall be deemed to be a “late payment” where payment of the sum due is not made by the applicable Payment Due Date and interest shall be payable upon demand to BC Team Coaching on all such late payments over the period from the Payment Due Date up until the date of actual payment.
5. Customer Participation.
5.1 For coaching engagements (please download our coaching agreement), Customers are required to turn up promptly for sessions as it may not be possible to run-over the allotted time due to subsequent clients.
5.2 To experience greater value from the sessions, it is recommended that the Customer allocate sufficient time to complete assignments and continue its learning (through reading, etc.) between coaching sessions. The journey in between sessions is as important as the journey in the sessions!
5.3 Customers are responsible for informing BC Team Coaching of any special requirements or relevant information concerning their health, mind and general wellness if and to the extent it may interfere with their coaching assignments. Customers are expected to take reasonable care of their health and wellness so that they present for sessions alert and in a capacity conducive to learning. BC Team Coaching reserves the right to refuse admission to and/or to refuse to coach Customers who present for sessions while under the influence of alcohol or non-prescription drugs.
6. Cancellations, Postponements, Refunds and Processing Fee.
6.1 Cancellations and postponements must be received in writing prior to the event and/or the commencement of the Services. Cancellations and postponements will incur the following charges:
(a) More than 30 days advance notice, no charges will apply other than the Processing Fee;
(b) 15 - 30 days advance notice, 50% of the full fee plus the Processing Fee;
(c) 8 – 14 days advance notice, 75% of the full fee plus the Processing Fee;
(d) 1 – 7 days advance notice, 100% of the full fee plus the Processing Fee.
Please note that postponements are subject to the same terms as cancellations as consultant/coach time is reserved for client purposes well in advance of the agreed event times and is very hard to re-book elsewhere at short notice, resulting in potential losses for BC Team Coaching. This is why we have this strict policy and we thank you for your understanding.
6.2 For group/team programmes which are six (6) months in duration or longer, a notice period of three (3) months is required for cancellation. All such cancellation notices must be given in writing and the period of notice calculated from the date of writing.
6.3 Once the Services have commenced, no refunds will issue in respect of any subsequent cancellation or postponement by the Customer. However, BC Team Coaching may, at its discretion, offer the Customer an alternative (where possible) or issue a credit toward future courses and/or Services.
6.4 A processing fee of €150 (the “Processing Fee”) will apply to each cancellation or postponement. The Processing Fee, as may be amended from time to time by BC Team Coaching without notice, shall be payable by the Customer. BC Team Coaching reserves the right to set off and deduct the Processing Fee against the monies (if any) which have been previously paid by the Customer up until the date of cancellation or postponement and are due for reimbursement to the Customer.
6.5 If the Customer fails to show for an appointment, the session time will be deemed to have been forfeited and the Services cancelled by the Customer and the full fee will be payable by the Customer, plus the Processing Fee.
6.6 In the unlikely event that BC Team Coaching (or any Contractor) has to cancel or postpone a Customer’s booking and/or the Services, any related deposit or other part payment made by the Customer will be promptly returned in full and BC Team Coaching will make all reasonable efforts to reschedule dates at the Customer’s convenience.
6.7 Without prejudice to its other rights or remedies, BC Team Coaching reserves the right to terminate the Services on notice in writing to the Customer in the event of a material breach by the Customer which the Customer fails to remedy to the reasonable satisfaction of BC Team Coaching within 30 days of receipt of notice identifying the breach and requiring it to be remedied.
7.1. Any and all technical information, drawings, designs, specifications, training materials, assessment forms and other confidential information supplied or otherwise communicated by or on behalf of BC Team Coaching in connection with the Services (the “Confidential Information”) are the proprietary and confidential information of BC Team Coaching. The Customer shall not use or modify the Confidential Information for any purpose other than in connection with the Services or disclose the Confidential Information to any third party, without the express written consent of BC Team Coaching.
8.0 Data Protection.
8.1. BC Team Coaching respects its Customer’s right to privacy and will not collect any personal information about its Customers (or their representatives) without their permission. BC Team Coaching does not share Customer personal information, unless required by law or court order. For more information about our privacy practices, please refer to our Privacy Statement.
9. Intellectual Property.
9.1 All intellectual property rights, including but not limited to copyright, patents, trademarks, designs, know-how and business processes (whether registrable or registered) used by BC Team Coaching and/or subsisting now or in the future in the Confidential Information shall vest in BC Team Coaching and/or its licensors (collectively, the “BC Team Coaching IP Rights”). For clarity, the BC TEAM COACHING name and logo are trademarks of BC Team Coaching. The Confidential Information and the BC Team Coaching IP Rights contained in the training materials and other Confidential Information as may be supplied to the Customer are made available to the Customer under the terms of a non-exclusive, non-transferrable, revocable licence for informational and/or educational purposes only, with no right to grant sub-licences. The Customer agrees to use such Confidential Information and/or the BC Team Coaching IP rights only to the extent needed for the performance and implementation of the Services, but for no other purpose without the prior written consent of BC Team Coaching.
10. Third Party Materials.
10.1. To the extent this website, the Confidential Information and/or any other material supplied by BC Team Coaching includes or refers to any third party materials, the ownership of such third party materials shall vest in the third party(s) concerned or its licensors. BC Team Coaching is in no way responsible for the content, accuracy or reliability of any such third party materials.
11. Professional Conduct and Equality.
11.1. BC Team Coaching, and its coaches, adhere to a professional code of ethics and other member codes of ethics according to the speciality of individual coaches. As professional coaches, BC Team Coaching acknowledges and agrees to honour its ethical obligations to its coaching clients and colleagues and to the public at large. BC Team Coaching pledges to comply by the International Coach Federation of Ethics and, as such, is a member of the International Coach Federation. Individual coaches may also comply by other professional association ethics in addition to the International Coach Federation, including the Association for Coaching.
11.2. It is the policy of BC Team Coaching to work toward the elimination of discrimination and exclusion through the achievement of equality of opportunity, participation and positive outcome for all of its learners, staff, clients and other stakeholders who have a current or potential interest in working with BC Team Coaching or participating in its programmes.
12. Force Majeure.
12.1. Neither party shall be liable for a delay in performance of its obligations and responsibilities under the Order due to causes beyond its reasonable control, and without its fault or negligence, such as but not limited to war, riots, embargo, national emergency, Acts of God, fire, explosion, volcanic ash, inclement weather, floods or other natural disasters, provided that said party has taken reasonable measures to notify the other promptly in writing, of delay (but in any event, within 72 hours of the force majeure event).
13. Disclaimer of Warranties.
13.1. BC TEAM COACHING AIMS TO PROVIDE SERVICES OF THE HIGHEST STANDARDS AT ALL TIMES BUT SUCH SERVICES WILL NOT BE SUBJECT TO ANY WARRANTIES OR REPRESENTATIONS. EXCEPT AND TO THE EXTENT SPECIFICALLY PROVIDED HEREIN, BC TEAM COACHING EXCLUDES TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, STATEMENTS, TERMS AND PROVISIONS, WHETHER EXPRESS OR IMPLIED, BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF DESCRIPTION, DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
14. Limitation of Liability.
14.1. In no event will BC Team Coaching be liable to the Customer or any third party, in contract, tort or otherwise, for any indirect or consequential loss or damages, howsoever caused or arising, on any theory of liability and even if BC Team Coaching was informed or aware of the possibility thereof. With regard to each Customer, BC Team Coaching’s aggregate liability in respect of any and all claims shall not exceed the total fees paid by that Customer in respect of the Services. The exclusions and limitations of liability set out hereunder shall not apply to liability for death or personal injury caused by the negligent act of BC Team Coaching, or liability for fraud.
15. Independent Contractors.
15.1. The parties hereto shall at all times perform their respective obligations under these Terms as independent contractors and nothing herein shall be deemed to empower a party to be an agent for, or otherwise bind the other party.
16. No General Waiver.
16.1. Failure or neglect by either party to enforce at any time any of the provisions hereof shall not be construed or deemed to be a waiver of that party’s rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice that party’s rights to take subsequent action.
17. No Assignment.
17.1 The Customer shall not be entitled to assign its rights, obligations and liabilities under these Terms, whether in whole or in part, without the prior written consent of BC Team Coaching, which consent shall not be unreasonably withheld. BC Team Coaching may at any time appoint one or more Contractors in connection with the performance of the Services or otherwise subcontract, transfer or assign any or all of its rights, obligations and liabilities under these Terms.
18.1. Each of these Terms are distinct and severable, and if any term or provision is held unenforceable, illegal or void in whole or in part by any court, regulatory authority or other competent authority it shall to that extent be deemed not to form part of the Terms, and the enforceability, legality and validity of the remainder of the Terms will not be affected.
19.1. BC Team Coaching reserves the right to amend these Terms at any time without notice.
20. Governing Law
20.1 These Terms shall be governed by and be construed in accordance with the laws of Ireland