Terms & Conditions – Service

ENGINEERING SUCCESS with Valentina Guerra

COACHING TERMS AND CONDITIONS

This contract sets out:

• your legal rights and responsibilities;
• my legal rights and responsibilities; and
• certain key information required by law.

All of the terms apply to both my private coaching services and my group coaching services, except where specifically stated to apply to only one or the other.

In this contract:

• ‘I’, ‘me’ or ‘my’ means Valentina Guerra trading as Engineering Success VG;
• ‘You’ or ‘your’ means the person buying or using my services and resources;
• ‘booking confirmation’ has the meaning in 1(e);
• ‘service proposal’ has the meaning given in 1(a);
• ‘services’ means the coaching services that you have chosen to buy from me, as specified in the service proposal; and
• ‘website’ means https://engineeringsuccess.co.uk/.

If you would like to speak to me about any aspect of this contract, please email me at info@engineeringsuccess.co.uk

1. Introduction
   • I provide coaching to businesses and their senior professionals, including CEOs, directors, and other C-level executives, in both 1:1 and group formats. As I only provide my services to businesses and business professionals, consumer protection legislation does not apply to this contract.
   • If you buy coaching services from me you agree to be legally bound by this contract. 
   • When buying any services or using any resources you also agree to be legally bound by:
     • my website terms of use and privacy policy; and
     • any specific terms which apply to my services, as set out in the service proposal and/or booking confirmation.

2. Creation of a legally binding contract between us
   • The process for buying services from me (and for creating a legally binding contract) is as follows:
     • We have a discovery call, following which I will send you an email with details of a tailored service offering and an invoice for those services (the service proposal). The discovery call may take place in stages, and as such, elements of the service proposal may be shared progressively during this phase to ensure relevance and clarity at each step; 
     • You place an order by making payment for the services in accordance with 2 and 3.3;
     • When I receive your order I may acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted;
     • I may contact you to say that I do not accept your order, for example if I can no longer fulfil your order because my services are fully booked, or if my circumstances have changed, or if I cannot process your payment;
     • I shall only accept your order when I confirm this to you by sending you an email confirming your coaching place (the booking confirmation). At this point a legally binding contract will be in place between you and me.

3. Charges and payment
   • I will confirm the charges for the specific services you are purchasing when I send you your service proposal.
   • Payment is due in full (for the whole number of programme sessions) in order to place an order for the services.
   • Payment for the services must be paid by bank transfer, to the bank account details I provide to you in the service proposal.
   • I am not able to refund to you any of the payments you have made, even where you do not complete your sessions with me, as payment is for the programme as a whole. This reflects the amount of time I set aside for preparing for our sessions in order to make them most effective for you, as well as attending those sessions. This no-refund policy also helps you with your own accountability and commitment to the programme. In relation to group programmes, this policy also reflects the fact that I will not be able to fill your space part way through a programme.
   • The only exception to the ‘no refund policy’ in 4 is if I cancel the programme, in which case you are entitled to a pro rata refund for sessions which you have paid for in advance and which you have not received.
   • All amounts specified in the service proposal and booking confirmation are exclusive of value added tax chargeable from time to time (VAT). If any taxable supply for VAT purposes is made by me to you, I will provide a valid VAT invoice and you will pay me such additional amounts in respect of VAT as are chargeable on the supply of the services at the same time as payment is due for the supply of the services.
4. Carrying out the Services
   • I will carry out the services as set out in the service proposal.
   • I will carry out the services within the time period set out in the service proposal.
   • Unless otherwise agreed by me at my sole discretion, all sessions will take place remotely via the means of communication notified to you in advance.
   • I have a right to make any changes to the structure or content of the programme which do not materially affect the nature or quality of the services, or which I consider desirable or appropriate in connection with the services. In addition, I will encourage you to provide regular, constructive feedback during the programme to enable me to align the services to the evolving needs of you and my other coachees. Where I believe that it may be appropriate or necessary to make adjustments to the programme as a result of your feedback, I will discuss this with you prior to making any such adjustments.
   • My carrying out of the services might be affected by events beyond my reasonable control. If so, I might need to postpone one or more of our sessions. I will make reasonable efforts to limit the effect of any of those events, I will keep you informed of the circumstances and I will try to reschedule the sessions as soon as those events have been fixed or no longer apply. Examples of events which might be beyond my reasonable control include IT issues, problems with utility services, illness, bereavement, acts of God and changes in law.
   • Where you have purchased private sessions, you can rearrange any two coaching sessions during a programme providing you give me at least 48 hours’ notice. If you give me less than 48 hours’ notice, fail to turn up for a session or have already rearranged 2 sessions in a programme, you will be deemed to have taken the session and you will not be able to reschedule it or entitled to any compensation for missing it.
   • If you are late for a private session please understand that in order to respect my other clients and other work commitments, we may still need to finish at the agreed time. However if you have not made yourself available within 15 minutes of our agreed start time I will presume you have cancelled.
   • All coaching sessions (including any sessions rearranged under 6) must be taken within the timeframe specified in the service proposal, or they will expire.
   • Please note that I may record our sessions for quality and record-keeping purposes. I will inform you at the start of each session if I will be recording it and will give you an opportunity to withhold your consent if you do not agree to the session being recorded. You must not record any part of our sessions.
   • As your coach, my role is not to make decisions on your behalf or act in a managerial capacity for your business. Instead, my role is to offer you guidance and accountability through your business and professional journey and help you take positive steps towards achieving your goals.
   • Although I fully expect great results to come from our coaching sessions, I cannot guarantee any specific outcomes, including revenue generation, product and service adoption or market share growth. The results you achieve in your business and entrepreneurial development journey are entirely dependent on external factors beyond my control, including the commitment and the effort you put into the programme and executing the actions we agree.
   • The services do not include legal, tax, or financial advisory services. I recommend consulting appropriate professionals for these matters.
5. Your responsibilities
   • You will pay the price for the services as specified in the service proposal.
   • You and I will agree a method of communicating with each other between sessions and will adhere to that method.
   • You will ensure that you have the appropriate technology and equipment, along with access to a reliable internet connection, to fully participate in and use the services.
   • As the coachee, you will play an active role in our coaching sessions by:
     • Taking ownership: performing all necessary work to develop, execute, and refine your product, service, business model and strategy. This includes implementing, assessing and reviewing any guidance, tools and frameworks provided during our sessions.
     • Proactive engagement: actively participating in the sessions, asking questions and sharing updates to maximise the value of the programme.
     • Providing inputs: supplying complete, accurate and timely information necessary to support my strategic guidance and advice. However, you are not required to disclose any confidential or sensitive information as part of this process.
     • Cooperation and respect: cooperating with, and behaving respectfully towards, me and, where the services involve group sessions, your fellow coachees at all times.
     • Executing strategies: evaluating, testing, iterating and implementing the recommendations and frameworks that I provide, understanding that trial-and-error is part of your business and entrepreneurial journey.
     • Decision-making: taking responsibility for all business decisions.
   • You acknowledge that deciding how to handle any issues which may arise during or after participation in our coaching sessions, the choices you make in relation to those issues and whether or not you follow through on any agreed action is exclusively your responsibility. Furthermore, you acknowledge that entrepreneurship inherently involves experimentation, iteration, and learning from setbacks. These are natural steps in refining your business strategy.
6. Intellectual property rights and confidentiality
   • If I provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to me. Unless we agree otherwise you can only use those materials for your own internal business use and you may not share them with any third parties.
   • If you provide me with any materials, whether digital or printed, any intellectual property in those materials belongs to you, and I will only use those materials for the purpose of providing the services and will not share them with any third parties.
   • I recommend that you do not share any confidential information during our sessions (whether in a 1:1 or group format). However, I will keep confidential all information that you do share with me, except when releasing such information is required by law or if you give me your explicit consent to share that information.If you do share any confidential information during a group session then, notwithstanding the fact that all fellow coachees will be bound by a clause similar to 4, I accept no liability for any disclosure that a fellow coachee may make.
   • Where the services involve group sessions, you agree to keep strictly confidential any information shared by participants in those group sessions and not to share it with any third parties. You will not use the confidential information of any participant of a group session for your own benefit except with the explicit consent of that participant.
   • The obligations in 3 and 6.4 will not apply to information which:
     • has ceased to be confidential through no fault of either party;
     • was already in the possession of the recipient before being disclosed by the other party; or
     • has been lawfully received from a third party who did not acquire it in confidence.
   • Your and my confidentiality obligations under this clause will continue even once I stop providing services to you.
7. Data protection
   • I will use the personal information you give to me to:
     • provide the services;
     • process your payment for the services; and
     • inform you about any similar products and services that I provide, though you may stop receiving this information at any time by contacting me.
   • Further information concerning how I use any personal data you give to me is set out in my privacy notice.
8. Limitations on my responsibility to you
   • Except for any legal responsibility that I cannot exclude in law, I am not liable for any losses that were not foreseeable to you and me when this contract was formed.
   • All claims for loss of profit, loss of business, loss of management time and any indirect or consequential losses are wholly excluded.
   • All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this contract.
   • My total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the amount of fees, if any, paid by you for the services.
   • Your attention is drawn to 11, which explains my involvement in your business journey and excludes my liability for your outcomes.
9. Ending the contract
   • Subject to 2 below, the services will terminate automatically at the end of the programme.
   • Either you or I may terminate the services and this contract immediately if:
     • the other party breaches any of its key obligations within this contract and doesn’t rectify the breach within 7 days after being asked (by email) to do so. The email must clearly mention this clause and explain that the contract will end if the breach isn’t resolved in the 7 day timeframe; or
     • the other party repeatedly breaches any of the terms of this contract in a way that reasonably suggests they don’t intend to, or are unable to, comply with the contract.
   • If this contract is ended it will not affect my right to receive any money which you owe to me under this contract and it will not affect any provision that expressly or implicitly survives termination.
10. General
    • Even if I delay in enforcing this contract, I can still enforce it later. I might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean I can’t do it later.
    • This contract is between you and me. Nobody else can enforce it.
    • If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
11. Resolving problems and disputes
    • In the unlikely event that there is a problem with the services, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.
    • I will try to resolve any problem with you quickly and efficiently.
    • I may at my option vary or re-perform the services if there is a problem and the terms of this contract will apply to any re-performed services.
    • If any dispute arises out of or in connection with this contract (including any question regarding its existence, validity or termination) that we cannot resolve informally, that dispute shall be referred to and finally resolved by arbitration under the Rules of the London Court of International Arbitration (LCIA). We will agree together who the arbitrator should be, or one will be appointed by the LCIA. The arbitration will take place in England, follow a fair process, and the outcome will be binding.
    • The laws of England and Wales will apply to this contract.