Louise Pengilley

Business development consultant

Terms & Conditions

Nov 2021

  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 for the provision of a Service from Louise Pengilley.
    2. ‘Service(s)’ – will include but not be limited to any of the following: sales business coaching and sales consultancy services, courses, training, sales support, and exhibition support.
    3. ‘Contract’ – The legal agreement between Louise Pengilley and the Client for the provision of a Service
    4. ‘Course’ – is any structured course or workshop delivered online or offline as displayed on the Website from time to time.
    5. ‘Meeting’ – is any appointment with Louise Pengilley online or offline for discussion about providing 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 agreed between the parties.
      This will include Louise Pengilley’s charges and any agreed additional charges and expenses.
    9. ‘Payment’ – can be by BACS, PayPal, and Stripe.
    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 includes sales and business coaching and consultancy, sales support, sales training, and exhibition support. This can change at the discretion of Louise Pengilley.
    2. For sales courses and workshops both on and offline, the Service will be as set out on the Website or other booking facility provided.
    3. For the sales coaching, consultancy, and support Services, Louise Pengilley will have a telephone conversation or online call with the Client.
      Following this, if agreed a Proposal will be sent to the Client with the Service offered and the Fee payable upfront. The exception is with a Course when a maximum of four monthly payment plan is agreed.
      This is not applicable if the Course has been discounted ie offered at a promotional rate.
    4. Any Proposal is only valid for 30 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 as 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 state otherwise in writing. However, Louise Pengilley will answer WhatsApp messages subject to reasonable use.
    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. NLouise Pengilley reserves the right to amend any Contract where in its professional opinion such amendment will lead to an improved result for the Client.
    11. For the coaching and consultancy 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 but the Client must accept that the time will come out of the total time for that month or alternatively 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. For a Course, the Contract is made when the Client books a place through the Website or other online platform and pays the Fee requested upfront or in four or less instalments.
    2. Where a Proposal has been submitted, the Contract is made when the Client pays the Fee requested in the manner stated in the Proposal.
    3. The Contract for the Service once made cannot be cancelled unless a trial period has been agreed in advance or it is agreed to be from month to month.
    4. Any Contract from month to month will continue until terminated by one party giving the other one month’s notice in writing.
    5. Louise Pengilley can terminate any Contract immediately should the Client commit a material breach of the Contract or these Terms and Conditions.
    6. The Contract can only be amended with the consent of Louise Pengilley in writing. The Client must accept that requested amendments may incur additional Fees.
    7. 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.
    8. 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.
    9. The Client will have the opportunity to read these Terms and Conditions and any questions answered before entering the Contract and so the Client is accepting these Terms and Conditions by entering the Contract.
  4. The Client’s Obligations
    1. If stated in the Proposal, Louise Pengilley will produce a summary and agreed actions following any coaching or consultancy Meeting within 48 business hours. The Client must complete the actions by the next Meeting or that failure will impact on their success.
    2. 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.
    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.
  5. Documents
    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. 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.
  6. The Fee
    1. For either an online or offline Course, the Fee must be paid upfront in full except where the opportunity to pay in up to four instalments is provided.
    2. When a Proposal has been issued for the provision of the Service, the Fee must be paid as directed.
    3. If the Fee is payable in monthly 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 30 days of issue, 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.
  7. Preferential Sessions
    1. Clients may benefit from a preferential rate if they enter a Contract for a fixed number of hours at a set Fee.
    2. Such Clients will be able to book their meetings at a preferential time and day of the week.
    3. Louise Pengilley will assume that these Clients wish to continue using their Service at the end of the fixed number of meetings monthly unless the Client gives them one month’s notice to end the Contract.
  8. Retainers
    1. Clients who engage Louise Pengilley on a retainer basis for a set number of hours per month must use those hours within that month, unless otherwise agreed in writing.
  9. 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 appointment will be lost.
    2. If a Client is unable to attend a workshop or other group event this cannot be rescheduled, and it will be lost with no refund available.
    3. For some Courses, a video replay of meetings may be uploaded on to any group access area for the use of Clients on that Course.
    4. Courses will include  presentations and other materials which may be recorded.  Should the Client not wish to be recorded, they must express this verbally and confirm in an email.
    5. Louise Pengilley retains the right to postpone any appointment or Course if due to circumstances beyond her control such as illness. These will be rescheduled at a time convenient to Louise Pengilley and the Clients.
  10. Guarantee
    1. To achieve the maximum benefit from the Service, the Client must attend or access online all the Meetings and Documents provided and complete all the outstanding work by the dates specified.
    2. Services run by Louise Pengilley cannot guarantee any particular outcome.
  11. Delivery
    1. The Louise Pengilley Sales Course will be offered over a twelve-week period covering five modules. This can be subject to amendment. Additional Courses will be added over time and displayed on the Website.
    2.  Services not including a Course will be delivered as set out in any Proposal.
    3. Any delivery period given will be the appropriate period Louise Pengilley required to deliver the Services to their normal standard and is an estimate only.
    4. If Louise Pengilley sets a delivery timetable the Client must take reasonable steps to comply with this.
    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 are 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.
  12. 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 their employees, agents or subcontractors or fraud or fraudulent misrepresentation.
  13. Intellectual property
    1. All copyright, trademarks and all other intellectual property rights in any Service and Documents shall remain always vested in Louise Pengilley. Any attempt to copy any Documents or reproduce, transmit, publish, display exploit, or create derivative items shall render the Client liable for damages.
    2. 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.
    3. If the Documents supplied by Louise Pengilley are used by a Third Party for any purpose or not for the benefit of the Client’s own current business, the Client will be liable to Louise Pengilley for damages and any legal costs.  They must take appropriate steps to ensure such use ceases immediately.
    4. 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.
    5. 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.
  14. 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.
    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 to do so.
    4. The Client will keep all information it discovers about Louise Pengilley and its employees strictly confidential. This includes information relating to their business methods, practices, employees, contractors and includes all information whether labelled as Confidential or not.  This continues after completion of the Services.
    5. The Client on a Course may be offered membership of a Facebook or other group along with other people using the Service. This is to provide support for Clients to ask questions and receive information throughout the provision of the Service.  If the Client does not wish other Clients of Louise Pengilley to potentially be aware of their involvement in the Service, they must not join the group.  Alternate methods of support can be discussed but may be charged.
  15. 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.
  16. 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.
  17. 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.

  18. 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.

  19. Transfer

    The Client may not transfer any of their rights under the Contract to any Third Party.

  20. Law

    These Terms and Conditions are governed by the law of England and Wales.

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