Terms and Conditions
1.1 What these terms cover. These are the terms and conditions on which we supply services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your Request to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Elevate Her Limited a company registered in England and Wales. Our company registration number is 10640978 and our registered office is at 20-22 Wenlock Road, London, N1 7EU.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Request.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your Request. Our acceptance of your Request will take place when we write to you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your Request. If we are unable to accept your Request, we will inform you of this in writing and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the services.
These terms and conditions shall constitute the entire provisions relating to the Services to be provided to the Customer by ElevateHer to the exclusion of any other terms that the Customer tries to impose.
5. YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to the services please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the services. We may change the services:
a) to reflect changes in relevant laws and regulatory requirements; and
b) to implement minor technical adjustments and improvements.
7. PROVIDING THE SERVICES
7.1 When we will provide the services. We will agree with you the dates for the Services to be delivered, these will be set out in the Request or as agreed with you in writing or in person.
7.2 We are not responsible for delays outside our control. If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
7.3 If you do not allow us access to provide services. If you have asked us to provide the services to you at your property and you do not allow us access to your property as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 8.7 will apply.
7.4 What will happen if you do not provide required information to us. We may need certain information from you so that we can provide the services to you. We will contact you to ask for this information for example number of attendees, questionnaires or psychometric testing where applicable. If you do not, within a reasonable time of us asking for it, by the deadline as notified to you, or by the latest 48 hours before the date the Services are to be delivered, provide us with this information, or you provide us with incomplete or incorrect information, we may either need to reschedule the delivery date, end the contract (see clause 9.1) and/or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.5 Reasons we may suspend the services. We may have to suspend the services to:
a) deal with technical problems or make minor technical changes;
b) update the services to reflect changes in relevant laws and regulatory requirements;
c) make changes to the services as requested by you or notified by us to you (see clause 6).
7.6 We may suspend the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 11.4) and you still do not make payment within 10 days of us reminding you that payment is due, we may suspend the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 11.5).
8. YOUR RIGHTS TO END THE CONTRACT
CLAUSES 8.1 – 8.3 ONLY APPLIES TO OUR CONSUMER CUSTOMERS
8.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund.
8.2 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running.
8.3 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
a) we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 6);
b) we have told you about an error in the price or description of the services you have Requested and you do not wish to proceed;
c) there is a risk the services may be significantly delayed because of events outside our control;
d) you have a legal right to end the contract because of something we have done wrong.
8.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
8.5 What happens if you buy multiple sessions and later want to cancel. We offer a discount for session bundles which can be found on our website. If you purchase a bundle but later cancel sessions, we reserve the right to charge you the full price for any individual sessions carried out, as if they had not been booked under a package. We will refund any sums paid by you for products not provided, subject to this clause and we may also deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
CLAUSES 8.6 – 8.7 ONLY APPLIES TO OUR BUSINESS CUSTOMERS
8.6 You can always end the contract before the services have been supplied and paid for. You may contact us at any time to end the contract for the services, but in some circumstances, we may charge you certain sums for doing so, as described below.
8.7 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
a) we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 6);
b) we have told you about an error in the price or description of the services you have Requested and you do not wish to proceed; and
c) there is a risk the services may be significantly delayed because of events outside our control.
8.8 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 8.7, the contract will end immediately but we may charge you reasonable compensation for the net costs we will incur as a result of your ending the contract early.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
a) you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
c) you do not, within a reasonable time, give us access to your property to enable us to provide the services to you.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may stop providing the services. We may write to you to let you know that we are going to stop providing the services.
10. IF THERE IS A PROBLEM WITH THE SERVICES
10.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can contact us using the details set out at clause 2.
THIS CLAUSE ONLY APPLIES TO OUR CONSUMER CUSTOMERS
10.2 Summary of your legal rights. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
11. PRICE AND PAYMENT
CLAUSE 11.1 ONLY APPLIES TO OUR CONSUMER CUSTOMERS
11.1 Where to find the price for the services. The price of the services (which includes VAT) can be found on our website, unless we have agreed another price in writing with you.
CLAUSES 11.2 and 11.3 ONLY APPLIES TO OUR CONSUMER CUSTOMERS
11.2 Where to find the price for the services. The price of the services excluding VAT will be set out in your Request, unless we have agreed another price in writing.
11.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your Request date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
11.4 When you must pay and how you must pay. You must pay the charges in accordance with the Invoice Schedule set out in the Request.
11.5 We can charge interest if you pay late. If you do not make any payment to us by the due date (see clause 11.4) we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
12.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
12.4 We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
14.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.