April 2024

  For these Terms and Conditions:

1. General
   1. Client’ – is any individual, group, business, or organisation that has contacted Louise Pengilley requesting information, or who has entered a Contract with Louise Pengilley to provide a Service.
   2. ‘Service(s)’ – will include but not be limited to business coaching, training and done- for- you services delivered both on and offline.
   3. ‘Member’ -a Client who has entered a Contract for membership training programmes.
   4. ‘Contract’ – The legal agreement between Louise Pengilley and the Client for the provision of a Service.
   5. ‘Meeting’ – is any appointment with Louise Pengilley online or offline for discussion about providing or delivering a Service.
   6. ‘Documents’- all documents, workbooks, templates, designs, and other materials supplied by Louise Pengilley to the Client.
   7. ‘Website’- https://louisepengilley.com
   8. ‘Fee’- The sum payable for the provision of the Service agreed with the Client and any additional sums including expenses, agreed between the parties.
   9. ‘Payment’ – can be by BACS and Stripe. PayPal will be accepted but may be subject to charges.
   10. ‘Days’- All the days in a week excluding weekends and Bank Holidays.
   11. These Terms and Conditions and the Contract will represent the whole of the terms between Louise Pengilley and the Client. Any changes to these must be agreed in writing by Louise Pengilley.
2. The Service
   1. The Service currently offered will vary over time and be outlined for each individual client. 
   2. For coaching, and training Services, Louise Pengilley will have a telephone conversation or online call with any Client who has inquired about them. 
   3. Following this, if the Client wishes to proceed further, they will be sent a Proposal or Confirmation Email confirming details of the Service offered and the Fee payable.
   4. Any Proposal or Confirmation Email is only valid for thirty days from issue unless specified otherwise.
   5. The descriptions of the Service by Louise Pengilley will be as accurate as possible and provided in good faith.
   6. The Client must satisfy themselves that the Service described meets their requirements before entering the Contract. Louise Pengilley is always willing to answer any questions or queries before the Contract is made.
   7. Services will not include email support unless Louise Pengilley states otherwise in writing. 
   8. The Client must accept that the Service supplied may vary slightly from what is set out initially and by entering the Contract the Client accepts this.
   9. If the Client has any requirements that are essential to them, they must contact Louise Pengilley to discuss the matter before entering a Contract to ensure this is acceptable to Louise Pengilley.
   10. Louise Pengilley reserves the right to amend any Contract where in her professional opinion such amendment will lead to an improved result for the Client.
   11. For the coaching Services, any Meeting invitation sent out in advance will be time- related for the predetermined time set out in the invitation. If further time is required beyond that stated, Louise Pengilley will provide this if the diary allows. However, the Client must accept that the time will come out of the total time for that month, or time remaining if purchased a block of coaching hours or will be charged.
   12. If a Client is late for a Meeting that time will be lost.
   13. Louise Pengilley reserves the right to subcontract any Service.
3. The Contract
   1. The Contract is made when the Client has indicated they wish to accept the terms in the Confirmation Email or Proposal and has paid the Fee requested at that time.
   2. The Contract for the Service once made cannot be cancelled except under these terms.
   3. Louise Pengilley can terminate any Contract immediately should the Client commit a material breach of the Contract or these Terms and Conditions.
   4. The Contract can only be amended with the consent of Louise Pengilley in writing. The Client must accept that requested amendments may incur an additional Fee.
   5. Louise Pengilley has the right to discontinue the provision of any Service if it believes they could be libellous, illegal or a breach of any third-party rights.
   6. The Client shall have no right to seek any cancellation or repayment of the Fee based on the style or composition of any written material such as templates.
   7. The Client will have the opportunity to read these Terms and Conditions and any questions answered before entering the Contract. The Client is accepting these Terms and Conditions by entering the Contract.
4. Membership Training Programmes
   1. The membership training programmes will provide sales and business training to enable the Members to develop their businesses and grow their knowledge.
   2. The programmes will include a selection of live and recorded training sessions, documents, and networking. Each programme will be outlined at the outset but be subject to adjustment to ensure the best result for the Members.
   3. Louise Pengilley reserves the right to engage third parties to provide the content where she believes their expertise and experience will benefit the Members.
   4. Sessions may be prerecorded, or expert speakers engaged to deliver them when Louise Pengilley Is not available
   5. Members will have access to a community- based online platform that they must use properly and respectfully.
   6. The training sessions and other services provided under the programmes will enable Members to communicate with each other for optimum engagement. Members must keep all business and personal information that is disclosed by the other members strictly confidential.
   7. The sessions under the programme will be recorded for Louise Pengilley’s own records and to enable any Members to catch up on any missed sessions or to see them again if required. They will not be disclosed to any third party. By attending the sessions, the Members agree to this being done and if there are any issues these must be raised with Louise Pengilley as soon as possible.
   8. Photos or screenshots of the Members may be taken and used in Louise Pengilley’s social media and other marketing materials. If the Member objects to this, they must inform Louise Pengilley. Members will not be named without their written consent unless they provide a written testimonial.
   9. The Members may be offered additional services to assist their development, but these will be optional, charged and depend on individual circumstances.

5. The Client’s Obligations
   1. Information provided by the Client to Louise Pengilley must be complete, accurate and provided in good faith. Any changes in facts or relevant activities must be communicated to Louise Pengilley as soon as possible. The Client accepts that changes could lead to the Contract being amended to cover the change in circumstances.
   2. Should Louise Pengilley produce a summary and record of agreed actions following a coaching meeting the Client must complete the actions by the next Meeting or that failure will impact on their success.
   3. If Louise Pengilley requires a decision, approval, consent, or any other communication from the Client to provide the Service, the Client must provide these as quickly as possible and in any event within a reasonable time. Louise Pengilley will normally set a timetable at the outset and the Client will comply with this. Failure to comply may lead to the Service being terminated or paused.
   4. Any delay in the provision of the Service arising from the failure of the Client to perform its obligations shall not be the responsibility of Louise Pengilley and the Client shall accept this.
6. Documents
   1. The Client may be supplied with Documents which may include workbooks, templates, and other materials as part of the Service.
      These may be downloaded from the link provided or may be an attachment of an email or provided via a shared drive or membership platform.
   2. All Documents supplied by Louise Pengilley are the subject of copyright and can only be used by the Client for the benefit of their own current business.
   3. Any attempt to download, use or sell the Documents for any other purpose will be in breach of copyright and the Client will pay damages whether the breach is by them personally or by a third party.
   4. The Documents may be sold separately. From time to time, they may be purchased as online downloads or as a hard copy. These are subject to the same copyright as above.
7. The Fee
   1. The Fee must be paid upfront in full except where the opportunity to pay in instalments is agreed. If paying month by month payments are due at the end of the month prior to the work being delivered, unless agreed otherwise.
   2. When work is carried out as a project there will be an upfront payment with final payment payable prior to the completion of the project as outlined by email or Proposal.
   3. If the Fee is payable in instalments, such payments must be received by the due date or Louise Pengilley reserves the right for no further work to be carried out until payment is made in full.  The final instalment must be received before the Service can be completed.
   4. In the event of continuous late or non-payment of instalments, Louise Pengilley reserves the right to request payment in advance before any future Service is supplied.
   5. If an invoice is not paid within 7 days of the due date, then interest at 8% per annum above the current Bank of England base rate will be payable together with the current recovery fees.
   6. All invoices must be paid in full without set-off, deduction or counterclaim.
8. Cancellation Policy
   1. If the Client wishes to postpone an appointment for a Meeting with Louise Pengilley, they must give a minimum of 72 hours (3 working Days) notice and reschedule the appointment within seven Days. If such notice is not given the time will be lost.
   2. If a Client is unable to attend a training event this cannot be rescheduled, and it will be lost with no refund available.
   3. Louise Pengilley retains the right to postpone any Meeting if due to circumstances beyond her control such as illness. These will be rescheduled at a time convenient to Louise Pengilley and the Clients.
9. Guarantee
   1. To achieve the maximum benefit from the Service, including the membership, the Client must participate in all the sessions provided, access the Documents online and fully participate and complete all the outstanding work by the dates specified.
   2. Services run by Louise Pengilley cannot guarantee any particular outcome.
10. Delivery
    1. Services will be delivered as set out in the Confirmation Email or any proposal.
    2. Any delivery period given will be the appropriate period Louise Pengilley requires to deliver the Services to their normal standard and is an estimate only.
    3. If Louise Pengilley sets a delivery timetable the Client must take reasonable steps to comply with this.
    4. If the Client purchases a package of training or coaching Services these will be delivered over an agreed period of time. The Services must be used within the timescale in the Confirmation Email or Proposal (whichever is later) or the time will be lost.
    5. Louise Pengilley will not be liable for any loss or damage suffered by the Client or any third party through any reasonable delay due to unforeseen circumstances.
    6. If the Client requires a Service to be completed by a certain date, then this must be communicated in writing to Louise Pengilley before the Contract is entered. Louise Pengilley is only bound by such date if they confirm acceptance of this in writing.
    7. If the Client does not supply information when requested or the Client does not complete work as requested, they must accept that delivery will be delayed.
11. Limitation of Liability
    1. Should Louise Pengilley be prevented, hindered or delayed from performing their obligations under the Contract by circumstances outside of their control (including without limitation acts of God, flood, drought, earthquake, other natural disasters, epidemic or pandemic, a terrorist attack, war, civil commotion or riots, war, the threat of or preparation for war, armed conflict,  the imposition of sanctions, embargo or breaking off diplomatic relations, nuclear, chemical or biological contamination, any law or action by government or public authority, the collapse of buildings, fire explosion or accident, any labour dispute or strike, non-performance by suppliers or subcontractors, interruption or failure of utility service, any action or order from the government, travel restrictions) Louise Pengilley shall be relieved from performing their obligations and will not be in breach of the Contract or otherwise liable for any such failure or delay in the performance of such obligations.
    2. The liability of Louise Pengilley to the Client shall not exceed the Fee and any expenses charged.
    3. Louise Pengilley is not liable for any indirect or consequential losses to the Client or any third party.
    4. The Contract is exclusive to the Client and no third party shall have any rights under that Contract.
    5. Louise Pengilley has no liability for any loss of profits, goodwill, reputation, special or indirect losses or any other business losses.
    6. Louise Pengilley does not exclude liability for death or personal injury caused by the negligence of Louise Pengilley or her employees, agents or subcontractors or fraud or fraudulent misrepresentation.
12. Intellectual property
    1. The Client may be supplied with Documents which may include workbooks, templates, documents, and other materials as part of the Service.
       These may be downloaded from the link provided or may be an attachment of an email or provided via a shared drive.
    2. All Documents supplied by Louise Pengilley are the subject of copyright and can only be used by the Client for the benefit of their own current business.
    3. Upon full payment of the Fee, Louise Pengilley will grant the Client an indefinite licence to use the Documents supplied under the Contract for the purposes set out in the Contract in the Client’s own current business.
    4. The Documents may be sold separately. From time to time, they may be purchased as online downloads or as a hard copy. These are subject to the same copyright as above.
    5. All copyright, trademarks and all other intellectual property rights in any Service, Document and materials shall remain always vested in Louise Pengilley. Any attempt to copy any of these or reproduce, transmit, publish, display exploit, or create derivative items shall render the Client liable for damages whether the breach is by them personally or by a third party.
    6. If the Client wishes to use the content of the Service and Documents in a way beyond as agreed in writing with Louise Pengilley, it must obtain written consent from Louise Pengilley and pay any Fee requested before doing so.
    7. Any licence given by Louise Pengilley to the Client will automatically terminate should the Client be discovered using the Documents supplied in breach of these terms and conditions.
13. Confidentiality
    1. Louise Pengilley will keep all information supplied to them by the Client not in the public domain in connection with the Service, private and confidential and this will continue for a period of two years after completion of the Service. Louise Pengilley may disclose such information to any subcontractor, supplier, or employee to the extent necessary to provide the Service.
    2. Louise Pengilley may require to see confidential information about the Client’s business and customers to have a good understanding of their business in order to provide the Service. Any information about the Client’s customers will be deleted once no longer needed and, in any event, when the Services are completed.
    3. Louise Pengilley may mention in their marketing and other materials that they are working with the Client but will not publicise any details of the Service provided to the Client without having obtained their written consent.
    4. The Client will keep all information it discovers about Louise Pengilley and her employees strictly confidential. This includes information relating to her business methods, practices, employees, contractors and includes all information whether labelled as Confidential or not. This continues after completion of the Services.
    5. A Member may be offered membership of a community group along with other people using the Membership Training Programme. This is to provide support for Clients to ask questions and receive information throughout the provision of the programme. If the Client does not wish other Members to potentially be aware of their involvement in the Service, they must not join the group. 
14. Data Protection
    1. All data supplied to Louise Pengilley by the Client will be kept safely in accordance with the UK General Data Protection Regulation (UK GDPR) and general UK legislation as set out in their current Privacy Notice.
    2. The Client will similarly comply with all current data protection legislation when dealing with data regarding Louise Pengilley.
15. Complaints
    1. The Client must raise any problem or complaint it has with the Service as soon as the issue arises, and Louise Pengilley will seek to find a mutually acceptable solution.
    2. The right to complain about any problem or issue will be lost if not raised with Louise Pengilley within seven days of the issue arising.
    3. The complaint must be confirmed in writing addressed to Louise Pengilley who will take steps to consult with the Client and find a solution.
16. Severance If any part of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the terms and conditions and shall not affect the validity and enforceability of any of the remaining provisions.

17. Waiver The waiver by Louise Pengilley of a breach, default, delay, or omission of any of these terms or the Contract by the Client will not be construed as a waiver of any preceding or subsequent breach of the same or other provisions.
18. Transfer The Client may not transfer any of their rights under the Contract to any third party.
19. Law These terms and conditions are governed by the law of England and Wales and their courts will have exclusive jurisdiction over any dispute that arises.