terms & conditions.

A. Definitions

1. “Client” “you” “member” means the person (or persons) who subscribes to the Membership (where more than one they are jointly and severally liable)

2. “Membership” means the subscription service we offer online, and which is set out at our website here LINK to be provided to the Client by us.

3. “Services” means the goods and/or services included in the Membership, or any related ancillary services (paid or free) we provide to our members which can be viewed at this LINK

4. “The Balance Coach” “us” “we” means The Balance Coach Ltd, company number 13276162, whose registered office is at The Old Rectory, Westwood, Bradford on Avon, Wiltshire, BA15 2AF.   

5. “Terms” means these Terms and Conditions.

B. Price and payment

1. The price for the Services is set out on the website here LINK. There is no VAT. The price excludes any expenses that will be incurred by The Balance Coach, and these are invoiced separately.

2. The price and, where applicable, any expenses, shall be the Fees of The Balance Coach.

Monthly Membership

3.  These Services are a subscription Membership with recurring monthly Fees to access our Services. The Fees are payable by the Client until the Membership is terminated in accordance with clause B.4. The scope of the Services is set out on our website, but not all Services are available at all times, and we reserve the right to change and review these Services from time to time.

4. The Client agrees to become a subscription member and to pay monthly Membership Fees in advance. The Client may cancel their membership at any time after the initial one month period, by giving 5 working days’ notice to helen@thebalancecoach.co.uk  There are no refunds for Services paid for, but not used, in the month of cancellation.

5. We are not able to offer Membership or Services to any Client based in the USA or Canada.

C. Rearrangements of the Services and Cancellation

1. The Services can be rearranged or cancelled by either party in writing or by email to helen@thebalancecoach.co.uk  subject to the matters set out in this clause.

2. 2.1 If The Balance Coach cancels the Services, unless pursuant to clause 2.2 below, Fees for any of the Services paid by the Client in advance will be repaid to the Client within 14 days of cancellation. Any Fees paid for Services already delivered will not be refunded. No further refunds, sum or compensation will be payable to the Client by The Balance Coach arising from such cancellation.

2.2 The Services may be terminated if payment of the Fees are not made in accordance with these Terms, or if the Client commits a material breach of any of these Terms and fails to remedy the breach within 14 days of being notified in writing, or the Client makes any statements or behaves in any way or requests The Balance Coach to undertake any actions that are discriminatory, illegal or immoral, or if the Client enters into any form of insolvency arrangement or suspends its business. Upon termination, the Client shall immediately pay any outstanding sums to The Balance Coach.

3. In the unlikely event of The Balance Coach having to reschedule the Services, The Balance Coach will give the Client as much notice as reasonably practical and offer alternative dates to deliver the Services as soon as practicable. No refunds, sum or compensation will be payable to the Client by The Balance Coach arising from such rescheduling.

4.If the Client seeks to cancel the Services within 14 days of entering into this agreement, then The Balance Coach will accept the cancellation, and refund the Client all monies paid within 14 days, without any further obligation upon the Client.

5. If the Client seeks to cancel the Services 14 days or more after entering into this agreement, then the Fees for all agreed Services (whether provided at the date of cancellation or otherwise) will be payable in full by the Client. The Balance Coach MAY elect to refund or forego all or any of the Fees (in full or pro rata) for Services not yet delivered, in her absolute discretion.

6. The Client must give notice to terminate the Services in accordance with clause B.4.

D General Conditions

1. Request by the Client for the Services on the online payment platform before payment for the Services by the Client, or an email indicating the Client’s wish to progress with the Services set out on the website will constitute an acceptance in full of these Terms.

2. The Services supplied shall be provided from the date, at a location and for a period of time agreed in writing from time to time. The Services shall terminate when they are completed, and all payments have been made in full. Variations to the Services may only be agreed in writing.

3. The Balance Coach shall use reasonable endeavours to meet any performance dates, but such dates shall be estimates only, and time is not the essence of the contract.

4. The Fees will be paid after invoices rendered from time to time. VAT is not applicable. Payment terms are ‘immediate’, and payment is not deemed to have been made until the Fees have been paid in full. If payment is not made in full and within time, the Services may be suspended and payment in advance may be required before the Services are re – commenced.

5. The Balance Coach reserves the right to require Fees to be paid in advance of the commencement of the Services where applicable and agreed in writing by us.

6.If payment is not made in accordance with the above clauses, The Balance Coach reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

7. Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services or making proper use of the Services. Each party recognises and accepts its obligations with regard to the control and the processing of personal data under the current data protection legislation and regulations. For more information on this, please see our Privacy Notice on our website. https://thebalancecoach.co.uk/privacy-policy/

8. The Client grants to The Balance Coach consent to use any work including photographs created as part of the Services to show off its services and designs, together with the right to display images as part of its portfolio and to write about the Membership and Services on websites, and in its marketing materials. In such circumstances the Client will not be identified, or identifiable from the use of the work unless the Client’s specific written consent has been obtained.

9.The Balance Coach asserts her intellectual property rights, including copyright and design rights, over any photographs, plans, designs, concepts, digital or written materials produced by her as part of the services.  Such materials shall not be reproduced, copied, shared or used elsewhere without the written permission of The Balance Coach.  All rights are entirely reserved by The Balance Coach. Unless otherwise agreed in writing, the property and copyright or any other intellectual property rights in any materials produced by The Balance Coach to deliver the Services shall remain ours. They may not be copied or used without our written permission.

10.The Balance Coach’s liability in respect of any loss of good will, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be NIL.

11.The Balance Coach will use reasonable care and skill in performing the Services. Where any valid claim in respect of the Services is made the client may only be entitled to a refund of the Fees or part of the Fees. In respect of any other direct losses (in Contract or Tort) the total liability of The Balance Coach will not exceed £1M.

12. Nothing in these Terms will exclude or limit liability for death or serious injury caused by The Balance Coach’s negligence.

Nutrition Limitation:

We are not nutritionists, nor are we a medical organisation, and we do not and cannot give or purport to give you any formal nutrition or medical advice, diagnosis, or assistance in whatever form. Nothing in the membership or on our website or anything associated with it should be taken or understood as medical advice or assistance, nor should it be interpreted in substitution for any diagnosis, medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your circumstances and needs.

13. If The Balance Coach is limited or hindered from providing Services booked by the Client due to circumstances beyond its control eg. Government intervention, Acts of God, civil disturbance, war, national or local disaster, strikes, labour disputes, epidemic or pandemic, then the liability of The Balance Coach to the Client shall not exceed the amount paid by the Client for the Services. The Balance Coach is entitled to be paid for all Services delivered to the Client up to that point, and or for any just expenses incurred, and shall not be liable for any additional losses incurred by the Client in such circumstances.

14. Nothing in these Terms are intended to create a partnership or joint venture between The Balance Coach and the Client, and no party has the right to act as agent for the other or to bind the other party in any way.

15. These Terms and any dispute arising from them shall be governed by the laws of England and Wales.