Business Consulting, Executive Coaching, Personal Development and Workshop Training
Terms & Conditions - October 2007
1. The following terms of business apply to all contracts between us. Acceptance of a proposal and commissioning of the project will be taken as acceptance of these terms of business, unless otherwise agreed in writing before commencing the services contract.
Fees & Invoicing
2. Where the fees payable to Khapish Trading Ltd are £10,000 or more, we will invoice you in two staged payments. The first 50% of the agreed fee for the project will be invoiced on commission of the business consulting. The balance 50% of the agreed fee, plus any additional costs outstanding (including, without limitation, under terms 5, 11, 12, 14, 15, 20 and 25) will be charged on completion of the services contract and final presentation, coaching call, interview (or documentation). Such costs will either be included in the second invoice or will be invoiced separately.
3. Where the fees payable for a bespoke project do not exceed £10,000, the full amount will be invoiced on commissioning the project and will be due prior to commencement of each coaching or training session. Outstanding costs (including, without limitation, under terms 4, 10, 11, 13, 14, 21 and 24) will be invoiced on completion of the training.
4. The fees exclude VAT, which will be charged as applicable.
5. Khapish Trading Ltd will charge for [reasonable] supplementary expenses such as hotel, travel and subsistence costs. A handling charge of 10% will be made on all expenses.
6. Payment of each unpaid invoice is due from you by the 20th of the month following, and Khapish Trading Ltd will be entitled to charge interest on all sums outstanding thereafter at a rate of 4% per month calculated on a daily basis payable from the invoice date until the date of payment of the outstanding amount.
7. All payments must be made in sterling unless otherwise agreed by Khapish Trading Ltd. For all non-sterling payments an administrative charge may be made.
8. Any quotation for a project made by Khapish Trading Ltd will remain valid for two months.
9. Khapish Trading Ltd reserves the right to adjust the fees and the date of completion of the services contract in the event that the services proposal is altered after the services contract is commissioned.
Confirmation, cancellation & termination
10. Khapish Trading Ltd requires written confirmation to commence delivering services. Once the services contract has been confirmed, the cancellation charges set out below will apply.
11. If the services contract is cancelled by you at any time during the services contract [after the agreed preparation phase and booking allocations have been made/ up to 14 days prior to preparation phase/ during preparation phase / once preparation phase has been completed], you will be liable to Khapish Trading Ltd for any and all direct and indirect expenses and costs incurred by Khapish Trading Ltd, its officers, agents or employees and any loss of earnings or other any loss whatsoever.
12. Either of us may terminate this agreement at any time by written notice to the other if the other goes into liquidation, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed over all or part of its business.
Cost assumptions
13. The fees quoted are estimated according to specific service contract requirements, the agreed timescale and any assumptions detailed in the service contract. If the timescale, services contract objectives or requirements or research approach or the assumptions on which the quote is based change in any way, Khapish Trading Ltd reserves the right to review the agreed fee and charge for any additional work that has resulted from changes.
14. Khapish Trading Ltd cannot accept responsibility for delays caused by weather, transport difficulties, industrial action or any other circumstances beyond its control.
15. The fees include one verbal presentation and an electronic copy of documentation (and 6 bound copies of the debrief presentation). We reserve the right to charge for additional presentations and the production of additional documents.
16. The cost of stimulus material or colour copies of stimulus material will be charged at cost.
Working practice
17. Khapish Trading Ltd observes the Code of Practice of the International Coach Federation. A copy of this can be found on web site http://www.coachfederation.org/ICF/
18. In providing the services, we will comply with the Data Protection Act 1998 and any other relevant secondary legislation. We gain respondents’ permission to use recordings for research purposes only, not for use in external promotions or in the public domain.
19. The identity of personal records and data pertaining to persons who take part in projects are confidential information and will not be revealed to clients or any third party.
20. Except in respect of death or personal injury, Khapish Trading Ltd shall not be liable to you by reason of any representation (unless fraudulent), or any term (express or implied) of our agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims which arise out of or in connection with the services contract or the use of the results of the services by you.
21. In line with standard practice, in the event that you request proposals from four or more competitors a fee of £500 may be charged to you by us. This will be credited against the service contract fee if Khapish Trading Ltd proposal is accepted.
22. You will supply at your expense, all agreed documents or other materials, and all necessary data or other information relating to the services contract (and ensure the accuracy of the same), within sufficient time to enable us to carry out the services contract in accordance with the proposal.
23. Any changes or additions to the services contract must be agreed in writing by us.
24. Upon commencement of the services contract, you will be responsible for the insurance of any product samples or stimulus material used in the research against accidental loss or damage, until the date of their disposal or return to you in accordance with this term. Khapish Trading Ltd may dispose of all materials supplied by you after six months following completion of a services contract, unless you request their return, at your expense, in writing.
25. Khapish Trading Ltd will keep key documents including (without limitation) electronic copies of any research, document details, questionnaire, debrief documentation) for one year from services contract completion (the date of completion appointment) after which they will be destroyed securely. Audio/video recordings and any paper, products and materials relating to the service contract will be destroyed securely after six months.
International work
26. Fees that include foreign consulting costs are based on the exchange rates prevailing between sterling and the currencies of the applicable countries on the specified date. The rates used are those quoted in Bank of England Base Rate http://www.bankofengland.co.uk/ plus 6%. Khapish Trading Ltd reserves the right to adjust the final fee in line with any rate fluctuations during the course of the project.
Copyright and confidentiality
27. The copyright and all other intellectual property rights whatsoever in any work produced by us for you during the services contract including (without limitation) our proposals, training, coaching, debrief documentation and any other materials whether (without limitation) vested, contingent or future shall belong to us absolutely at all times.
28. You warrant that any material or information supplied by you and its use by us, will not infringe the copyright or other intellectual property rights of any third party, and you will indemnify us against any loss, damages, costs, expenses or other claims arising from any such infringement.
29. Khapish Trading Ltd undertakes to keep confidential and not disclose to any other person (except in the proper performance of duties) either during or after the termination of this contract any information whatsoever relating to your business or any trade secrets or make use of the same in any manner which might be prejudicial to your interests.
30. You undertake to keep confidential and not disclose to any other person either during or after the termination of this contract any information whatsoever relating to our business, any proposals, methodologies and debrief documentation or other information supplied by us during or before the project, or make use of the same in any manner which might be prejudicial to our interests.
31. The findings from Khapish Trading Ltd’s research may only be published, used or quoted elsewhere, with our prior written approval and provided that the findings and work are attributed to Khapish Trading Ltd.
General
32. English law governs the agreement between us and you agree to submit to the non-exclusive jurisdiction of the English courts.
33. These terms, together with the services contract proposal and services contract confirmation, constitute the entire agreement between us, supersede any previous agreements or understandings and all other terms, express or implied by statute or otherwise are excluded to the fullest extent permitted by law.
34. A notice required to be served on either of us under these terms shall be in writing addressed to the other at its registered office or principal place of business or such other address as may have been notified to the party giving notice pursuant to this term.
35. No failure or delay by us to exercise any of our rights under the agreement shall be deemed to be a waiver of that right, and no waiver of any breach of the agreement shall be considered as a waiver of any subsequent breach of the same or any other provision.
36. If any provision of these terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of these terms and the remainder of the provision in question shall not be affected.
Pricing
One to one executive coaching £150 per hour, or £1350 for the full course of 10 hours per week paid in advance.
Executive Consulting is negotiated for each contract depending on client requirements.
Workshops are priced individually. All training must be paid in advance at time of booking confirmation. Payment can be made by credit card, GIRO credit, or Paypal. Payment can be made by phone or online.