TERMS AND CONDITIONS THE SPEAKERS STORYTELLER
PARTIES
(1) The Speakers Storyteller whose is a sole trader operating in England and Wales (The Speakers Storyteller)
(2) COMPANY NAME, a company incorporated and registered in England and Wales with company number [NUMBER] whose registered office is at [REGISTERED OFFICE ADDRESS] (Client)
If the Client does not actually sign these terms and conditions but still engages Dandelion Tales to provide the Services then, the Client shall mean the person (legal entity or individual) who engages with Dandelion Tales to provide the Services and this Agreement shall become legally binding
2. TERM AND ENGAGEMENT
2.1 These are the terms and conditions on which The Speakers Storyteller supply the Services to the Client.
2.2 This contract shall commence on the date that the Client engages The Speakers Storyteller and shall continue until terminated in accordance with this agreement.
4. OUR SERVICES
4.1 The services which The Speakers Storyteller provide are working with the Client to develop a story for the purposes of identifying and marketing the Clients business as set out in more detail on our website.
4.2 The Services may be delivered in any of the following formats
- 1 to 1 power hour directly between The Speakers Storyteller and the Client
- 1 to 1 course directly between The Speakers Storyteller and the Client
- Multi person course or events between The Speakers Storyteller , the Client and other third parties
4.3 The dates and time the Services will be delivered shall be agreed at the time the Client engages The Speakers Storyteller .
4.4 The outcome of the Services depends on the engagement from the Client.
4.5 The Speakers Storyteller cannot guarantee any set outcome from the Services.
4.6 The Speakers Storyteller do not guarantee that the Services will provide additional business growth, profits, clients for the Clients business.
4.7 The Client shall act in a professional and courteous manner at all times, especially during courses with other clients.
4.8 Services may be delivered in person, groups or online via zoom.
4.9 The venue for face-to-face services shall be set out at the time of engagement. If it is agreed that the Services shall be undertaken on line then the Services shall be conducted on zoom. It is the Clients responsibility to ensure that zoom has been correctly installed and a suitable internet connection is available at the agreed time of the Services. Failure to comply with this clause shall result is the service being missed and no refund shall be provided. The Speakers Storyteller may at their discretion permit you to reschedule the Services, but they are under no obligation to do so.
4.10 If the Services are delayed by an event outside the control of The Speakers Storyteller then The Speakers Storyteller will contact the Client as soon as possible to let the Client know and The Speakers Storyteller will take steps to minimise the effect of the delay. Provided The Speakers storyteller do this The Speakers Storyteller will not be liable for delays caused by the event.
4.11 In respect of any aspect of the Services delivered in a digital format it is the Clients responsibility to provide us a correct and valid e-mail address.
5. THE CLIENTS RIGHTS TO MAKE CHANGES
5.1 If the Client wish to make a change to the Services, such request shall be made in writing to The Speakers Storyteller . The Speakers Storyteller will let the Client know if the change is possible. If it is possible The Speakers Storyteller will let the Client know about any changes to the price of the services, the timing of supply or anything else which would be necessary as a result of the Client requested change and ask the Client to confirm whether the Client wish to go ahead with the change. If The Speakers Storyteller cannot make the change or the consequences of making the change are unacceptable to the Client, the Client may terminate this agreement and The Speakers Storyteller shall refund the price for any Services not undertaken less a reasonable admin fee.
6. The Speakers Storyteller RIGHTS TO MAKE CHANGES
6.1 The Speakers Storyteller may change the Services:
(a) to reflect changes in relevant laws and requirements or guidance from an authority; and
(b) to implement minor adjustments and improvements.
7. PRICE AND PAYMENT
7.1 The price of the services will be agreed in writing at the time of engagement.
7.2 All payments must be made by the Client at the time of engagement, unless agreed otherwise in writing by both parties.
7.3 If the Client do not make any payment to us by the due date The Speakers Storyteller may charge interest to the Client on the overdue amount at the rate of 3% a year above the base lending rate of the 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. The Client must pay us interest together with any overdue amount.
8. IF THERE IS A PROBLEM WITH THE SERVICES
8.1 If any dispute arises between the parties then they shall meet in good faith to proactively resolve the dispute.
8.2 Any dispute that has not been resolved within 10 working days shall be escalated to an appropriate director for each party.
8.3 Either party may if a dispute has remained unresolved for 20 working days contact the CEDR (cedr.com) for resolution through their mediation
8.4 If mediation under clause 8.3 does not resolve the dispute then either party may commence proceedings in accordance with clause 13.
9. LIABILITY
9.1 The Speakers Storyteller total liability to the Client whether in contract, tort, negligence, or howsoever arising for any and all direct and indirect loss or claims arising under or in connection with this agreement shall be limited to the Price paid for the services
9.2 The Speakers Storyteller expressly excludes liability for consequential loss or damage, loss of profit, business, revenue, loss of enjoyment, goodwill or anticipated savings. Any liability or remedy for innocent or negligent misrepresentation is expressly excluded. Neither party excludes or limits liability for death or personal injury
9.3 If defective digital content which The Speakers Storyteller have supplied damages a device or digital content belonging to the Client and this is caused by The Speakers Storyteller failure to use reasonable care and skill The Speakers Storyteller will either repair the damage or pay the Client compensation. Howsoever, The Speakers Storyteller will not be liable for damage which the Client could have avoided by following our advice to apply an update offered to the Client free of charge or for damage which was caused by the Client failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
10 DATA PROTECTION
10.1 The Speakers Storyteller shall ensure that the Client data is processed in accordance with the Speakers Storytellers Privacy Policy.
11. INTELLECTUAL PROPERTY, AND CONFIDENTIALITY
11.1 All intellectual property rights in the Services shall remain the exclusive property of The Speakers Storyteller and The Speakers Storyteller shall be entitled to reproduce any aspect of the services for any of its other clients.
11.2 The Client shall not be entitled to copy, modify or in anyway use the Services in a way, which may breach the intellectual property rights of The Speakers Storyteller .
11.3 If any documents or information is marked as confidential by either party then the other party shall ensure it complies with this requirement and keep such document or information confidential.
12. OTHER IMPORTANT TERMS
12.1 This agreement is between The Speakers Storyteller and the Client. No other person shall have any rights to enforce any of its terms.
12.2 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.
12.3 No variations shall be made to this contract unless agreed in writing by both parties.
12.4 Even if The Speakers Storyteller delay in enforcing this contract, The Speakers Storyteller can still enforce it later. If The Speakers Storyteller do not insist immediately that the Client do anything the Client are required to do under these terms, or if The Speakers Storyteller delay in taking steps against the Client in respect of the Client breaking this agreement, that will not mean that the Client do not have to do those things and it will not prevent us taking steps against the Client at a later date. For example, if the Client miss a payment and The Speakers Storyteller do not chase the Client but The Speakers Storyteller continue to provide the Services, The Speakers Storyteller can still require the Client to make the payment at a later date.
12.5 Any notice given to a party under or in connection with this contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at the address set out in this agreement.
12.6 This agreement constitutes the entire contract between the parties, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
13. Law and Jurisdiction
13.1 This contract shall be governed by and construed in accordance with English Law and the English Courts shall have exclusive jurisdiction.