TERMS AND CONDITIONS/SERVICE OF
BUSINESS OF NANCY KAUR &
COACHING DIRECTIVE LEADERSHIP COACHING
You are accepting these Terms & Conditions in their entirety when you place an order with us,
by clicking to accept your Coaching Contract, email us confirmation that you want to proceed
with a Coaching Contract, signing your agreement form, paying the deposit for your project,
paying the first instalment of your project, paying for your project in full OR using any
“materials” which we have produced in any way whatsoever. These Terms & Conditions will
not be varied other than as agreed in writing by us.
1 DEFINITIONS
The following expressions shall have the following meanings:
1.1 “Mentor and Leadership Coach” means NANCY KAUR of COACHING DIRECTIVE LEADERSHIP COACHING
1.2 “Client” means any party who enters into a contract for mentoring Services with the
Mentor;
1.3 “Coaching Contract” means a booking document, registration form, letter of engagement,
scope document, any mentoring product/service purchased from or through
JamesAshford.com, application form, program outline, quotation or other written instruction
describing the Services and requesting a contract for those Services;
1.4 “Services” means the mentoring services as described in the Coaching Contract and these
Terms and Conditions;
1.5 “Fees” mean the payment for Services as outlined in these Terms and Conditions and the
Coaching Contract;
1.6 “Terms and Conditions” means the terms and conditions of supply of Services as set out in
this document and any subsequent terms and conditions agreed in writing by the Mentor;
1.7 “Intellectual Property Rights” means any patent, trademark, service mark, registered
design, copyright, design right, right to extract or exploit information from a database,
database rights, know-how, confidential information or process, any application for any of the
above, and any other Intellectual Property Right recognised in any part of the world whether
or not presently existing or applied for;
2 COACHING DIRECTIVE is a Trading Style of AMURDEEP KAUR | ABN Registration No: 82 734 086 798 | Registered in Australia |
Registered Office: Middleton, Tasmania. Australia
1.8 “Agreement” means the contract between the Mentor/Leadership Coach and the Client for the provision of the Services incorporating these Terms and Conditions.
1.9 “Materials” means any artwork, graphic design, web design, logo design, slogans, Search
Engine Optimisation, video, photography, copy, text, learning, ideas and content in its entirety
or in part, which we have produced or inspired.
2 GENERAL
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by the
Mentor/Leadership Coach to the Client and shall supersede any other documentation or communication
between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Mentor/Leadership Coach.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express
or implied, or any legal remedy to which the Mentor/Leadership Coach may be entitled in relation to the
Services, by virtue of any statute, law or regulation.
3 COACHING CONTRACT
3.1 The Coaching Contract is attached to or makes reference to these Terms and Conditions.
3.2 The Coaching Contract shall remain valid for a period of 30 days.
3.3 The Coaching Contract must be accepted by the Client in its entirety.
3.4 The Agreement between the Mentor and the Client, incorporating these Terms and
Conditions, comes into force when you place an order with us, by clicking to accept your
Coaching Contract, email us confirmation that you want to proceed with a Coaching Contract,
signing your agreement form, paying the deposit for your project, paying the first instalment of
your project, paying for your project in full OR using any “materials” which we have produced
in any way whatsoever.
4 SERVICES AND DELIVERY
4.1 The Services are as described in the Coaching Contract and in these Terms and Conditions.
4.2 Any variation to the Services must be agreed by the Mentor in writing.
3 Coaching Directive is a Trading Style of AMURDEEP KAUR | ABN Registration No: 82 734 086 798 | Registered in Australia |
Registered Office: Middleton, Tasmania. Australia
4.3 The Mentor shall take all reasonable measures to keep mentoring information correct but
may alter mentoring techniques and services at any time. The Mentor shall notify the Client in
writing of any such changes.
4.4 The Services shall commence on the agreed start date and shall continue (subject to the
terms of this Agreement) for the duration of the mentoring period purchased or agreed to.
4.5 The Services shall be carried out at the location described on the Coaching Contract or
other location as agreed by the Mentor/Leadership Coach.
4.6 Dates given for the delivery of Services are estimates only and not guaranteed. Time for
delivery shall not be of the essence of the Agreement and the Mentor shall not be held liable
for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in
the delivery of the Services.
4.7 Mentoring/Leadership Coaching sessions shall be conducted on an individual or shared basis as agreed with the Mentor/Leadership Coach and specified on the Coaching Contract.
4.8 Mentoring/Leadership Coaching sessions shall take place in person, by phone or online as determined and initiated by the Mentor to the Client.
5 FEES
5.1 The price for Services is as specified in the Coaching Contract and is exclusive of VAT and
any other charges as outlined in the Coaching Contract.
5.2 The terms for payment are as specified in the Coaching Contract.
5.3 The minimum duration for a mentoring session is 1 hour.
5.4 In the event that a session, at the Client’s request, is conducted at a place other than the
Mentor/Leadership Coach’s normal preferred venue the Client is responsible for the expenses incurred by the
Mentor/Leadership Coach when travelling to and from the session.
5.5 The Client is responsible for the full costs of any books and materials provided or
otherwise required by the Mentor/Leadership Coach for the purpose of providing the Services.
5.6 The Client must settle all payments for Services in advance of the services being delivered
or within 30 days of any invoices issued.
5.7 The Client will pay interest on all late payments at a rate of 5% per annum above the base
lending rate of the Bank of England
5.8 The Mentor is also entitled to recover all reasonable expenses incurred in obtaining
payment from the Client where any payment due by the Client is late.
5.9 The Client is not entitled to withhold any monies due to the Mentor.
4 Coaching Directive is a Trading Style of AMURDEEP KAUR | ABN Registration No: 82 734 086 798 | Registered in Australia |
Registered Office: Middleton, Tasmania. Australia
5.10 The Mentor/Leadership Coach is entitled to vary the price to take account of:
5.10.1 any additional Services requested by the Client which were not included in the original
Coaching Contract;
5.10.2 any reasonable increase in rates, if applicable; and any variation must be intimated to
the Client in writing by the Mentor.
5.11 The Mentor shall be responsible for the payment of National Insurance contributions,
Income Tax, VAT or other liabilities arising out of remuneration for providing the Services.
6 CLIENT OBLIGATIONS
6.1 The Client agrees to cooperate fully with the Mentor with regard to the obligations set
down in these Terms and Conditions.
6.2 The Client must attend mentoring sessions promptly, including making telephone calls or
sending any requested e-mails on time. If the Client is delayed in respect of these
commitments the Mentor shall not be under any duty to extend the time of the session or
reply to any telephone or e-mail messages.
6.3 The Client must ensure that regular practice of learned skills is undertaken between each
session and any tasks set by the Mentor are completed in full.
6.4 The Client agrees to pay the Fees as specified on the Coaching Contract and in these Terms
and Conditions.
6.5 The Client must behave in a respectful and appropriate manner at all times. Disruptive or
threatening behaviour will result in termination of this Agreement. In such cases no refunds
shall be payable by the Mentor/Leadership Coach to the Client.
6.6 The Client must bring to the attention of the Mentor/Leadership Coach any dissatisfaction with the Services as soon as the Client becomes aware of such issues.
6.7 If the Client uses car parking facilities at the place of business of the Mentor or chosen
venue of the Mentor/Leadership Coach the Client is solely responsible for any damage or loss to the vehicle or its
contents.
6.8 Persons other than the Client are not permitted to attend a lesson unless the prior consent
of the Mentor/Leadership Coach has been obtained.
6.9 The Client must take responsibility for their own development and the exploration of new
ideas, strategies and approaches.
5 Coaching Directive is a Trading Style of AMURDEEP KAUR | ABN Registration No: 82 734 086 798 | Registered in Australia |
Registered Office: Middleton, Tasmania. Australia
7 MENTOR OBLIGATIONS
7.1 The Mentor/Leadership Coach shall supply the Services as specified in the Coaching Contract and in these Terms and Conditions.
7.2 The Mentor/Leadership Coach shall perform the Services with reasonable skill and care and to a reasonable
standard.
7.3 The Mentor/Leadership Coach shall hold all professional qualifications required to provide the Services.
7.4 The Mentor/Leadership Coach shall hold all necessary insurance policies required to provide the Services.
7.5 The Mentor/Leadership Coach shall provide the agreed support for the facilitation of the Client’s professional
development against an agreed set of objectives. The Mentor/Leadership Coach cannot guarantee the
achievement of these objectives.
7.6 The Mentor/Leadership Coach will seek to enable the Client to improve the quality and success of their
business and to achieve other desired outcomes. However, the Client has sole responsibility
for taking important decisions in their business. The Mentor has no liability for any loss
incurred by any Client, whether financial or otherwise, following commencement of mentoring
sessions, or for any perceived failure by the Client, whether justified or otherwise, to achieve a
material improvement in quality or success of their business or to achieve their desired
outcomes or goals.
7.7 The Mentor/Leadership Coach shall maintain the strictest confidentiality in terms of the Client’s Intellectual
Property, business affairs or other personal information, unless there are exceptional reasons
(such as risk to health, personal safety or infringement of the law).
8 REFUNDS
8.1 Payments for mentoring/Leadership Coaching fees are non-refundable and non-transferable
8.2 A refund is only considered in exceptional circumstances where the Client contacts the
Mentor/Leadership Coach within 24 hours of a booked session. Any such refund is made at the discretion of the Mentor/Leadership Coach and is subject to an administration fee of 10% deducted prior to any refund being
made.
8.3 The Money Back Guarantee is only applicable for up to 24 hours after the Client’s first
session. It is also excluded from Funded Mentoring and One-Off Booster Mentoring Sessions.
9 CANCELLATION
9.1 Fees are non-refundable in the event of cancellation of a session or course of sessions on
the part of the Client. Clients are advised to hold insurance to cover such circumstances.
9.2 If the Mentor is unable to hold a booked session all attempts will be made to provide an
alternative mentor of the same professional standard or to offer an alternative date that is
suitable to the Client.
9.3 In the event that the Mentor/Leadership Coach cancels a lesson a full refund of Fees shall be made to the
Client.
10 PERSONAL INFORMATION
The Mentor/Leadership Coach shall comply with the Data Protection Act 1998 and any other applicable data
protection legislation concerning the processing of the Client’s personal data.
11 TERMINATION
11.1 The Mentor/Leadership Coach many terminate this Agreement with immediate effect if the Client
demonstrates any physical or verbal abuse towards the Mentor.
11.2 The Client may terminate the Agreement if the Mentor fails to comply with any aspect of
these Terms and Conditions and this failure continues for a period of 30 days after notification
of non-compliance is given.
11.3 The Mentor/Leadership Coach may terminate the Agreement if the Client has failed to make over any
payment due within 30 days of the sum being requested.
11.4 Either party may, with immediate effect, terminate the Agreement by notice in writing to
the other if:
11.4.1 the other party commits a material breach of these Terms and Conditions and, in the
case of a breach capable of being remedied, fails to remedy it within a reasonable time of
being given written notice from the other party to do so; or
11.4.2 the other party commits a material breach of these Terms and Conditions which cannot
be remedied under any circumstances; or
11.4.3 the Mentor/Leadership Coach passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that
effect; or 11.4.4 the Mentor/Leadership Coach ceases to carry on its business or substantially the whole of its business; or 11.4.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver,
administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
11.5 In the event of termination the Client must make over to the Mentor any payment for
Services incurred up to the date of termination.
11.6 Any rights to terminate the Agreement shall be without prejudice to any other accrued
rights and liabilities of the parties arising in any way out of the Agreement as at the date of
termination.
12 WARRANTY
Both parties warrant their authority to enter into this Agreement and have obtained all
necessary approvals to do so.
13 LIMITATION OF LIABILITY
13.1 The Mentor shall not be liable under any circumstances to the Client or any third party for
any indirect or consequential loss of profit, consequential or other economic loss suffered by
the Client or other third party howsoever caused, as a result of any negligence, breach of
contract, misrepresentation or otherwise.
13.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Mentor for
death or personal injury, however the Mentor shall not be liable for any direct loss or damage
suffered by the Client or third party howsoever caused, as a result of any negligence, breach of
contract or otherwise in excess of the sum insured under the insurance policy held by the
Mentor/Leadership Coach in the insurance year in which the claim is first notified.
14 INDEMNITY
The Client shall indemnify the Mentor/Leadership Coach against all claims, costs and expenses which the Mentor/Leadership Coach may incur and which arise directly or indirectly from the Client’s breach of any of its obligations under these Terms and Conditions.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the
delay or failure results from events or circumstances outside its reasonable control, including
but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or
machinery or shortage or unavailability of raw materials from a natural source of supply, and
the party shall be entitled to a reasonable extension of its obligations.
16 ASSIGNMENT
The Client shall not be entitled to assign its rights or obligations or delegate its duties under
this Agreement without the prior written consent of the Mentor/Leadership Coach.
17 THIRD PARTY RIGHTS
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
18 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable
for any reason by any court of competent jurisdiction such provision shall be severed and the
remainder of the provisions hereof shall continue in full force and effect as if these Terms and
Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
19 WAIVER
The failure by either party to enforce at any time or for any period any one or more of the
Terms and Conditions herein shall not be a waiver of them or of the right at any time
subsequently to enforce all Terms and Conditions.
20 NOTICES
Any notice to be given by either party to the other may be served by email, fax, personal
service or by post to the address of the other party given in the Coaching Contract or such
other address as such party may from time to time have communicated to the other in writing,
and if sent by email shall unless the contrary is proved be deemed to be received on the day it
was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission
report, if given by letter shall be deemed to have been served at the time at which the letter
was delivered personally or if sent by post shall be deemed to have been delivered in the
ordinary course of post.
21 ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents
or other undertakings either written or oral.
22 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of
England and the parties hereby submit to the exclusive jurisdiction of the English courts.
If you require any further information or explanation, please contact us on
the contact form provided on this website at the top of the page on the menu/header.
7 Third Party Terms
7.1 Third Party Services and Linked Websites
Coaching Directive Leadership Coaching provides tools through the Service that enable you to import and export information, including User Content, to and from third party services, including through features that allow you to link your account on Coaching Directive Leadership Coaching with an account on a third party social network service, such as Twitter or Facebook. By using one of these tools, you agree that Coaching Directive Leadership Coaching may transfer that information to and from the applicable third party service. Third party services are not under Coaching Directive Leadership Coaching’s control, and Coaching Directive Leadership Coaching is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Coaching Directive Leadership Coaching’s control, and Coaching Directive Leadership Coaching is not responsible for their content.
7.2 Third Party Software
The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.