THE TERMS AND CONDITIONS OF CONTRACT
JET SET SPEAKER LIMITED AND ITS CLIENTS
1. Jet Set Speaker Limited is a Limited company registered in England under company number: 08894354 with registered office at Kings Lodge, London Road, West Kingsdown, Sevenoaks, Kent, TN15 6AR. The ‘Academy’ provides on going public speaking training, and group support to Members (‘the Member’/’you’/’your’).
References to “Meeting” or “Meetings” in this Terms and Conditions are references to live training, one to one and Mentor sessions.
2 You hereby acknowledge and agree that you have read all the terms and conditions contained in this Order Form and you agree that the Order Form together with these Terms and Conditions form a contract between you and Jet Set Speaker Limited.
3 The Members of the Academy are those persons who obtain access to the Services of the Academy by:
3.1 Signing this Agreement
3.2 Completing the membership application form
3.3 Making full payment of the Membership fees in accordance with this Agreement
3.4 Only persons aged 18 year of age or over and who are able to enter into a binding agreement are eligible to become Members of the Academy.
By joining as a Member of the Academy you agree to be bound by this Agreement and that the contents hereof will govern your relationship with the Academy. This agreement informs you of the terms and conditions applicable to your membership of the Academy. Before you decide to join the Academy as member it is important that you:
4.1 Read these terms and conditions carefully and make sure that you take special note of the cancellation and refund policy, the limitation of liability and your release contained in the Agreement
4.2 Retain a copy of the Agreement for your future reference
Investment and Payment
5 You must pay to Jet Set Speaker Limited in consideration of the products and/or services offered by the Provider:
(a) The fee specified in the Order Form in one lump sum without set off, deduction or counterclaim; or
(b) If we have agreed that you may pay by Installment, you must pay each Installment without deduction on the Installment Payment Date required by us and as set out in the Order Form.
6 Payments made under this agreement must be made by the means specified in the Order.
7 If you fail to pay an Installment Sum by the Installment Payment Date for that Sum then ALL monies owing by you (which includes the full membership and Academy fee set out in the Order Form) shall become due and owing and must be immediately paid to us without set off or deduction or counterclaim and without need for any further demand.
8 If Payments are not made by the due dates, your membership may be cancelled and no refund or credit will be given.
Cooling Off Period
9 This agreement shall be voided if you advise us in writing, within seven (7) working days of signing the Order Form, that you no longer wish to receive Jet Set Speaker Services and/or products by delivering or sending (including by electronic mail) a cancellation notice to Jet Set Speaker Limited. In those circumstances only Jet Set Speaker will refund to you all monies or part thereof, which you have paid to us under this agreement within thirty (30) business days of receipt of such cancellation notice.
10 You further acknowledge and agree that outside of the seven (7) working days cooling off period; if, at any time or for whatever reason, you decide you do not wish to receive the products and/or services from Jet Set Speaker, you will not be eligible for a refund of any monies you have paid to us under this agreement and the balance of the fees set out in the Order Form will become due immediately and payable by you.
Term of membership
11 ‘Membership’ gives the Member access to the Services of the Academy for the period specified on your Order Form.
11.1 Associate Membership is for a minimum period of 12 months membership.
11.2 Fasttrack and Elite membership is subject to a minimum 12 months membership.
11.3 The membership of any category cannot be suspended or delayed Any exceptional circumstances should be submitted in writing to the address below for consideration, and any decision of those exceptional circumstances will be made by the Company at its sole discretion.
11.4 Membership to the Academy is on-going and will continue until the contract is terminated on 1 months’ written notice. The membership fee for each period of 12 months will be due and payable on the anniversary of your membership each subsequent year. The cost of membership will be discounted after the initial minimum period to £250 per month based upon the Associate category. Additional mentoring is chargeable. Members have the option to pay in full or by monthly instalment at this time. Payments will be required until such time that notice of cancellation is provided to the address detailed above.
12 The membership fee payable is set out for you on your Order Form. All Members will need to have contracted to a payment plan upon signing the Agreement and joining as a Member of the Academy.
13 This is not a credit agreement and as such is not covered by the Consumer Credit Act 1974. The ‘Membership Fee’ is the total amount payable by the Member over the selected period for the selected service as set out on the Order Form. Should you choose to pay your annual Membership in 1 annual payment on the date of joining, a discount will be applied as indicated on the Order Form.
Location of meetings
15 (UK ONLY) The Academy reserves the right to move any meeting to another venue within a 20 mile radius of the originally named venue on giving not less than 48 hours’ notice to the Member.
Travel costs, accommodation, meals and refreshments
16 (UK ONLY) All costs of travel to and from meetings and the costs of refreshments, meals and accommodation are excluded from the Membership fees and are payable in full by the Member.
Cancellation by Members & refunds
17. Your cancellation notice must contain your full name, address and contact numbers.
You should send your cancellation notices, as well as any other notices you wish to send for purposes of any term of this Agreement, to:
Jet Set Speaker Limited,
191 Hawley Road,
17.1 Membership to the Academy is on-going and will continue until the contract is terminated on 1 months’ written notice. See Term of Membership.
Cancellation of meetings by the Academy
18 (UK ONLY) Should a Membership meeting be cancelled or withdrawn due to circumstances beyond the Academy’s control, the Member will be informed thereof with 24 hours’ notice.
A cancelled meeting will be rescheduled at the earliest opportunity and the Members will be given 72 hours’ notice of the details of the new meeting event.
No refund of membership fees or reduction of membership fees will be due to the Member where a meeting had to be rescheduled.
Change of venue
19 (UK ONLY) The Academy reserves the right to move any event to another venue within a 20-mile radius of the originally named venue on giving not less than 48 hours’ notice.
Change of speakers and/or mentors
20 (UK ONLY) Speakers may be subject to change or cancellation at any time, without prior notification.
21 The Academy shall hold your personal details on file and on computer in accordance with the Data Protection Act 1998.
You may view your individual file at the registered address of the Academy, stated above, by giving not less than seven days written notice.
Limitation of liability
22 Notwithstanding any other provision in this Agreement, nothing will limit your statutory rights; or will exclude or limit Jet Set Speaker Limited’s liability for:
Death or personal injury resulting from negligence
Fraud or fraudulent misrepresentation
Any matter for which it would be unlawful for the Academy to exclude or attempt to exclude its liability
23 The Company will not be liable, in contract or tort in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for:
Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
Any loss of goodwill or reputation; or
Any special or indirect losses; or
Wasted management or office time
Any other loss or damage of any kind suffered as a result of or incurred arising out of or in connection with the provision of the Services in terms of this Agreement even if such losses are foreseeable or result from a breach by the Company or as a result of any action we have taken in response to any breach by the Member.
24 The Member hereby releases and hold the Academy, its agents, representatives and employees harmless from all liability, which they may at any time, have to the Member (except for gross negligence) resulting from:
The training and/or any portion of the training in which the Member voluntarily participates
Any negligent acts or omissions
Intellectual property rights and Copyright
25 All material provided to you by the Academy is owned by the Company and is protected by copyright.
Any intellectual property rights in the material and content supplied as part of your membership of the Academy shall remain the property of the Company
26 You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content provided by the Academy, except with the consent in writing of the Company. Any other use of the material and content is strictly prohibited. The Member agrees not to (and agrees not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
27 The Member agrees to use all information contained and presented in the meetings of Members only for the purposes of self-improvement.
The Member may not record any meeting or any part thereof
For those members joining at the Fast Track & Elite level please note that if you do not attend an agreed session with your coach “without reasonable explanation” that session will be forfeited by you and will not be replaced.
28 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in this Agreement and the remainder of the provision in question will not be affected and shall remain of full force and effect.
29 Should the Company at any time fail to insist upon strict performance of any of your obligations under this Agreement, or fail to exercise any of the rights or remedies to which the Company is entitled under this Agreement, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations. No waiver by the Company shall be effective unless it is expressly stated to be a waiver and is in writing.
Governing law and jurisdiction
30 These terms and conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
31 You acknowledge that you have not relied upon or been induced to enter into this Agreement by any representation other than a representation expressly set out in this Agreement and the Company shall not be liable to you in contract or tort, under the Misrepresentation Act 1967 or in any other way for any representation not expressly set out in this Agreement. Provided that nothing in this Agreement shall affect the Company’s liability in respect of any fraudulent misrepresentation.
32 This Agreement together with the Schedules sets out the entire understanding between you and the Academy in relation to the matters concerning Membership of the Academy and no other agreements or understandings, not contained herein, shall be relied upon by you.
33 The Company reserves the right to make changes to these terms and conditions, which regulate the basis upon Membership of the Academy, as may be required. Should the Company make any such changes it will advise you and you will have the right to terminate your membership of the Academy within seven (7) days from date of the notice of change, should you not wish to accept the changes. In this event you will not be liable for further membership fees, which fall due after the effective date of a correct notice of cancellation has been received by the Academy.
34 Should you have a problem or complaint we want to know. Most problems can be dealt with by sending a letter to the address for notices given above. The Company will endeavour to investigate all complaints and respond as quickly as possible. The Company will acknowledge receipt and confirm the timescales for a full response when a complaint is received.
35 If any dispute arises between the Company and you then we agree to attempt to settle it by mediation. We both remain entitled to seek resolution of any contractual dispute in any court or tribunal without having to undergo a mediation process.
36 If the Company is prevented or impeded from performing any of its obligations as a result of an event over which the Academy has no control (‘Force Majeure’) it shall promptly give notice to you stating the circumstances consisting of such event of Force Majeure and the extent and likely duration whereupon such obligations shall be suspended for as long as the event of Force Majeure continues.
If the Company is affected by an event of Force Majeure shall make every reasonable effort to minimise the effects thereof and shall promptly resume performance as soon as reasonably possible after removal of the event of Force Majeure.
Where the period of non-performance in relation to any event of Force Majeure exceeds 30 Days from the date of notice of such event of Force Majeure then you or the Company may by written notice terminate this Agreement forthwith.
For correspondence, Contact:
Jet Set Speaker Limited
191 Hawley Road
Kent, DA1 1PU
Telephone: +44 (0) 20 3021 2210, email@example.com, Updated 14th September 2015.