TERMS AND CONDITIONS

These terms and conditions for supply of training services online state the basis on which we Institute of Coaching Studies will supply training services to our customers.

These terms and conditions are the contract between you and Institute of Coaching Studies (“us”, “we, etc) so please read these terms and conditions carefully before placing an order. By purchasing training services on this site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions, please do not purchase training services on this site.

Https://coachingstudies.org (“site”) is owned and operated by Institute of Coaching Studies Limited, a company registered in the Republic of Ireland under company number 627519 and with our registered office at Ground Floor, 71 Lower Baggot Street, Dublin D02 P593 (Ireland), and VAT number is IE3553210CH.

You can get hold of us in any of the following ways:

1. by emailing us at contact@coachingstudies.org; or
2. by writing to us at Ground Floor, 71 Lower Baggot Street, Dublin D02 P593 (Ireland).

For information about how we collect and use your personal information, please see our Privacy Policy and Cookies Policy.

Agreed Terms

It is agreed that:

If any word, phrase or explanation used within this agreement is not clear, it will be defined and interpreted according to the definitions and interpretations set out below:

1. Definitions

• Acts, Legislation: or other similar references shall include any updates and or amendments to the same.
• Charges: the charges payable by you to us according to the terms of this Contract.
• Customer: a business whether that be an individual, firm, company or other organisation stated on the Order.
• Customer Materials: any materials or information which you provide to us in relation to the supply of the Services.
• Order: the order placed by you on the Website.
• Services: the services set out in the Services Specification which we are to supply according to the terms of this Contract.
• Services Specification: the description of the Training Services supplied by us on the Website at the time you place the Order.
• Standard Services Charges: the standard services charges for the Services set out on the Website at the time you place the Order.
• Written: and any similar expression, includes e-mail.

It is also agreed that:

You wish to acquire training services described in the Order (Services) and we wish to supply them to you, on the terms and conditions set out in this agreement (Terms).

We shall only supply Training Services to the Customer on these Terms.

We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.

The terms that apply to you are those posted here on our website on the day you order training services.

Terms can only be varied in writing signed by us.

Your continued use of this site and purchase of services on this site following the posting of changes to these terms and conditions will mean that you accept these changes.

Please check the terms before every purchase.

You should follow the instructions on the Website in order to place the Order. You are responsible for ensuring that the terms of the Order are complete and accurate so please check these carefully and make any amendments to any errors as required before placing your Order.

Any Orders you place are offers for the purchase of the Training Services on the basis of these Terms.

You should print or save a copy of the Terms to your computer or server in order that you can refer to them again in the future.

2. Acceptance of your order

When you place your order with us, the legal contract between you and us will only come into existence when we tell you that we can supply the services to you.

On receipt of an Order from you, we will issue an acknowledgement of the Order so that you know that the Order has been received. This does not constitute acceptance of the Order.

We will confirm acceptance of an Order in writing, at which point our contract with you for the supply of the Training Services in that Order shall come into existence.

If we cannot accept the Order, we will confirm this in writing to you and the Order will not be processed any further. If we have already received payment from you, we will promptly refund you.

Our contract with you for the supply of the Training Services comprises the Order, these Terms and anything else we expressly agree in writing (Contract).

Any descriptions of the Training Services contained on the Website are only for illustrative purposes and do not form part of the Contract.

We may amend the Training Services Specification as required by law, or to comply with any relevant regulatory obligations.

Separate terms and conditions apply to the use of the Website. Those terms and conditions can be found here: https://coachingstudies.org/legal/terms-of-use/

The Contract is made in the English language only.

3. Changes to services

If you would like to make a change to the services for which you have already placed an order, please contact us as promptly as you can at contact@coachingstudies.org. We will always be willing to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, times for delivery, any suspension period whilst any changes are made, or any other consequences or changes arising from your request.

If your requested change is possible, we will ask you to confirm that you would like to continue with the change, to ensure that we are both clear on how we need to fulfil your request.

In some circumstances, we may need to make minor changes to the services that you ordered. As these are minor changes and will not affect your use of the services, we will not usually contact you about these. These minor changes are likely to be:

1. because we need update the services to implement a change in the law or a regulatory requirement; and/or
2. because we need to make minor technical changes or enhancements that will not affect your use or enjoyment of the services.

It is possible that, exceptionally, we may need to make a more major change to the services. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and the cancellation terms of these terms and conditions will apply.

4. Charges

You will pay the Charges for Training Services set out on the Website at the time when you place the Order.

We may charge amounts in addition to the Charges if you request any change to the Training Services after the commencement of the Contract, if you fail promptly to provide any instructions or Customer Materials required by us for the supply of the Training Services, or for any reason which is due to any other act or omission of you.

We reserve the right to change the Standard Services Charges by giving at least 2 months’ written notice to you.

We make all reasonable efforts to ensure that we do not make errors with the prices that we charge you. For example, before we accept the Order, we usually try to check the price against our price list in force at the time of the Order. However, if an error has been made and the price in the price list is lower than the price in the Order, then we will charge you the price on the price list (being the lower amount) or we will provide a refund in respect of such amount if you have already made payment. If an error has been made and the price in the price list is higher than the price in the Order, we will contact you to confirm how you would like to proceed and whether you would like to proceed at the higher price or whether you wish to cancel the Order (in which case we will promptly refund any payments already made by you).

5. Invoicing and Payment

You will pay the Charges when you place your Order on the Website. We offer three payment options:

• One-time payment: the full amount is due upon completion of the Order;
• Monthly instalments: a portion of the fee is due upon completion of the Order; the other remaining instalments will be automatically and securely processed by Stripe on the same date every month until the full amount is paid;
• Bank transfer: please let us know by email before you place an order on the Website. We will create an invoice and send it to you. Payment shall be treated as made once we receive cleared funds.

Time for payment of the Charges shall be ‘of the essence’. All registrations are secured on a first-come, first-served basis.

All payments must be made by you without any deduction or set-off.

If any amounts owed by you to us become overdue, then (without compromising any other rights or remedies available to us), we:

1. shall be entitled to charge interest upon such amounts in accordance with the Late Payment of Commercial Debts (Interest) Act 1998
2. may suspend the supply of any further Services, and any services under any other contract between us and you, until the overdue amounts are paid in full, and/or
3. may terminate the Contract.

You are responsible for all reasonable costs and expenses incurred by us in relation to the recovery by us of any amounts owed to us by you.

6. Supply of Training Services

We shall use reasonable endeavours to meet any dates quoted for the supply and completion of the Training Services, but any such dates are approximate only, and time for the supply and completion of the Training Services shall not be of the essence.

Either party may request a change to the Services Specification. Any such change must be agreed in writing by the parties, but neither party shall unreasonably refuse its consent.

If a change is requested, we will provide a written statement to you setting out:

1. its effect on the Charges (up or down);
2. its effect on timing under the Services Implementation Plan; and
3. any other impact of the change.

7. Warranties relating to services

We warrant to you that the Training Services will be supplied:

1. using reasonable care and skill; and
2. in accordance with the Services Specification in all material respects.

However, due to the nature of coaching, mentoring and supervision, we do not guarantee any particular results and all warranties and representations in that regard are excluded to the fullest extent possible by law.

8. Intellectual Property Rights

All intellectual property rights arising out of the Services belong to us.

We grant you a fully paid, worldwide, non-exclusive and irrevocable licence of the intellectual property rights to the extent necessary for you to receive the full benefit of the Services.

9. Obligations of Customer

You will:

1. ensure that the Order is complete and accurate,
2. comply with all applicable laws and relevant regulatory obligations.

If we are delayed or unable to fulfil any of our obligations under the Contract due to any act or omission of you (Customer Failure), then we may rely on such Customer Failure to relieve us from our obligations under the Contract.

To the extent that the delay or inability to fulfil our obligations is due to the Customer Failure, then without limiting or otherwise compromising any other rights or remedies available to it, we:

1. may suspend the supply of Services until you make good the Customer Failure;
2. shall not be liable for any losses, costs or expenses which you suffer or incur because of any delay or suspension which is attributable to the Customer’s Failure; and
3. may request immediate payment by you of any losses, costs or expenses which we suffer or incur because of the Customer Failure.

Any right of suspension under this section is additional to any rights available to us under the law of any relevant jurisdiction.

10. Liability

We are not liable to you for any indirect or consequential loss, any loss of profits or any loss of business, whether arising from tort, breach of contract, indemnity or otherwise under or in connection with the Contract.

Our liability in respect of all claims, losses or damages of whatever nature, whether arising from tort, breach of contract, indemnity or otherwise, under or relating to, the Contract, shall not exceed the aggregate of the Charges paid by you to us under the Contract.

Nothing in the Contract shall exclude or limit either party’s liability for any death or personal injury caused by negligence or for any other liability which cannot be excluded or limited by law.

11. Termination

Either party may terminate the Contract, without liability to the other party, if that other party’s business fails.

The other party’s business will be treated for this purpose as having failed if:

1. the other party is or appears to be unable to pay its debts as they fall due;
2. the other party makes any voluntary arrangement with that other party’s creditors;
3. (being an individual or firm) the other party becomes bankrupt;
4. (being a company) the other party becomes subject to an administration order or goes into liquidation;
5. any third party takes possession of, or enforces rights over, any of other party’s property or assets under any form of security;
6. the other party stops or threatens to stop carrying on business;
7. the other party suffers any process equivalent to any of these, in any jurisdiction; or
8. the terminating party reasonably believes that any of the events mentioned above are about to occur and the terminating party notifies the other party accordingly.

Without compromising any other rights or remedies available to us, we may terminate the Contract without any liability to you if:

1. you fail to pay any amount under the Contract when due; or
2. you commit a material breach of the Contract and fail to rectify the breach within 5 working days.

Upon termination of the Contract, however caused, and without compromising any other rights or remedies available to us, you shall pay to us on demand:

1. all Charges and other sums due but unpaid at the date of such demand; and
2. any Charges under any invoice which we raise after termination, relating to any Services which have been supplied prior to termination, but for which we had not yet raised an invoice before termination.

Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

Any term of the Contract, which is specifically stated to continue or which, by its very nature, is intended to continue after termination of the Contract, shall continue to bind the parties following termination or expiry of the Contract.

12. Events beyond the reasonable control of the Supplier (‘Force majeure’)

We shall not be liable to you for any failure or delay in performing any of our obligations to the extent that such failure or delay is caused by an event beyond our reasonable control.

13. General

The Contract represents the entire agreement between the parties in relation to the subject matter and supersedes all previous agreements, representations or understandings between the parties. The parties agree that they shall have no rights or remedies in relation to any representation or warranty that is not included in the Contract.

You shall not assign, sub-contract, delegate, or otherwise transfer any of your rights or obligations under the Contract without our prior written consent.

If any provision of these Terms is held by a competent authority to be invalid or unenforceable, in whole or in part, the validity of the other Terms and of the remainder of the provision in question will not be affected. Every provision is severable from every other.

No single or partial exercise or failure or delay in exercising any right, power or remedy by a party under the Contract, howsoever arising, shall operate as a waiver by that party of, or impair or preclude any further exercise of that right, power of remedy. To be valid and effective, any waiver must be in writing.

Unless otherwise expressly stated, nothing in the Contract will create or confer any rights or other in favour of any person other than a party to the Contract.

Any written notice under these Terms will be deemed to have been sufficiently served if posted by pre-paid official post, couriered, faxed on receipt of successful answer back, or if sent by e-mail (but in this case only on evidence of successful transmission and only if the parties have regularly communicated on contract matters by e-mail).

The Contract will be governed by the law of the Republic of Ireland, and the parties submit to the exclusive jurisdiction of the Irish courts.