Terms and Conditions
Please take a moment to read our terms and conditions.
TERMS & CONDITIONS – BOOKINGS
For the purposes of this Agreement, the following words and expressions shall have the following meanings:
- “ASSIGNMENT” means a commissioned project or piece of work with a Client or Participants.
- “CLIENT” means the person or organisation who commissions our Services or books and pays for an Event and is identified as the person responsible for enrolling Participant(s) on Events.
- “COMPLETION DATE” means the date by which the company shall complete the Assignment.
- “CONFIDENTIAL INFORMATION” means all information of a confidential nature, all information relating to the Assignment or Services and all papers, notes and correspondence made or to be made in connection with the Services or Assignment.
- “EVENT” means any single or multi-session event offered on the website or at a meeting, including without limitation one-day or multi-day workshops, twilight or evening workshops, introductory events, or one-to-one sessions.
- “FEE” means the fee agreed with the Client for the provision of the Services or for conducting an Assignment.
- “LETTER OF INSTRUCTION” means the letter or email commissioning or confirming the assignment from or on behalf of the Client.
- “PAYMENT DATE” means the date for payment of Valuing Mind’s invoice as defined below.
- “PARTICIPANT” means a person attending an Event and may include a Client.
- “PROFESSIONAL” means the individual or individuals who will undertake the Assignment or Services on instruction from Valuing Minds Ltd.
- “SERVICES” means meetings, interviews, assessment sessions concerning an individual child or young person, a group of children or young people, or a school or sub-section thereof (including all associated materials) conducted by a professional whose identity has been agreed with the Client;
- “VALUING MINDS” means Valuing Minds Ltd whose registered office is Arquen House, 4-6 Spicer Street, St Albans, Hertfordshire, AL3 4PQ.
- “WEBSITE”: the website at www.valuingminds.com and the Company’s social networking pages.
Sending a Letter of Instruction, making a Booking or commissioning Services an Assignment on the Valuing Minds website, in writing, over the telephone or at a meeting with a Valuing Minds’ employee involves creating a legally binding contract (the “Agreement”) between (1) the Client (referred to throughout the Agreement as “you” or “your”) and (2) Valuing Minds Ltd. (the “Company”, “we” and “us”). This excludes the free consultation meeting or telephone call instigated at the outset of any Assignment. By making the booking or commissioning Services, you confirm that you are authorised to agree to these terms and conditions, including on behalf of each Participant if an Event is involved.
Valuing Minds’ acceptance of the Commission through a Letter of Instruction or the means outlined in the preceding paragraph (including any variation or further refinement of instructions dealt with in any subsequent discussions) shall stand as the instructions unless and until subsequent changes are proposed in writing by the client and agreed by Valuing Minds. Should the Client and Valuing Minds agree Services or Assignments in addition to the Services or Assignment as originally defined, the Fees for the same shall be mutually agreed in writing between the parties, but otherwise for all purposes of this Agreement, the said additional Services or Assignment shall be deemed to be included within the definitions of the Services or Assignment initially agreed.
Valuing Minds provides its Assignments, Events and Services to you subject to this Agreement, so, as always with a binding contract, you should read through it carefully before making a booking or commissioning an Assignment. We may make changes to the terms and conditions of this Agreement, but the latest version will always appear on this page. If you continue to use the Website or Services after changes have been made, you will be considered to have accepted the changes to the Agreement between us.
If there is any inconsistency between these terms and the position of any letter or email from Valuing Minds, these terms shall prevail unless the letter or email particularly states that it is intended to vary these terms.
Valuing Minds will accept an Assignment or Services only if it believes that the Professional to provide the Services or Assignment has the knowledge, experience, qualifications and resources to complete the matter by the Completion Date and with the necessary skill.
Valuing Minds will use all reasonable skills and care in the performance of the Assignments, Services and Events it provides, and warrants and undertakes to the Client that it shall use its reasonable endeavours to ensure that the Assignment, Services or Events will be provided using all reasonable skill, care and diligence which may reasonably be expected of a Professional person performing the Services.
The Client is deemed to accept these terms upon booking an Assignment, Services or an Event and is responsible for ensuring the accuracy of all details submitted on the booking form, in writing (in a letter, facsimile or email), over the telephone or in a meeting. These terms govern the booking for the Event, Services or Assignment to the exclusion of any terms and conditions of the Client. The booking form or commissioning form incorporates these terms and constitutes a legally binding contract.
When you book an Event, Services or Assignment with us through our website, in writing, over the telephone or at a meeting, the booking will not be confirmed until we send you an email confirmation, even if you have transferred money to us.
We will email your booking confirmation, to the email address provided by you. If you have not received your confirmation within 72 hours of booking, please contact us. It is your responsibility to ensure that your email is set up to allow you to receive your confirmation, and we cannot accept any liability for any consequences of your not doing so. For Events, please retain proof of your registration, as this and/or identification may be requested upon check-in for the Event.
Valuing Minds shall be entitled to submit an invoice for the provision of Services as outline below. Unless otherwise stated, all Fees shown on the Website or quoted to you in writing, over the telephone or at a meeting are inclusive of applicable UK taxes.
For Assignments or general Services, an invoice for 50% of the fee shall be submitted by Valuing Minds to the client before commencement of the Assignment or Services. This invoice should be paid immediately on commissioning Services before the Assignment can commence. An invoice shall be submitted after the Completion Date and is due for payment by the Payment Date. In the case of individual casework, this would be after the dissemination of a report. For on-going 1:1 work, an estimate of the number of sessions will be given at the outset and a 50% deposit is required. Subsequent sessions will be billed after each session.
Fees shall be based on Valuing Minds’ hourly rate and are exclusive of VAT. No charge will be made for travelling where the round trip is less than 50 miles or one hour’s travel of Valuing Minds’ registered office. For journeys over this distance or duration, time spent travelling will be charged at 50% hourly professional rate, plus mileage at 45p per mile or public transport at cost.
For Assignments and Services, with the exception of bookings, the Payment Date shall be 15 days from the date of delivery of the invoice following the Completion Date.
Bookings for Events must be paid for immediately by credit or debit card or by a bank transfer. If we cannot accept your order for any reason, we will process a full refund within seven days.
Unless stated otherwise, the materials such as questionnaire and handouts are included in the fees.
Cancellations or Changes to Bookings
Cancellation by the Company
In the case that the assignment, services course is cancelled prior to commencement by the Company, any advance paid fees will be refunded in full. However, we will not be able to compensate you for any other expenses you have incurred in connection with the assignment or Event.
Session Rescheduling by the Company
If an Assignment or Event or one of the sessions making up an Assignment or Event needs to be cancelled as a result of employee illness or due to other unforeseeable circumstance, we will make all efforts to reschedule it for an alternative day, time, and/or location. In this case, Clients will be responsible for any special arrangements required to attend the session. In any case, the Company and the employee reserve the right to offer a substitute psychologist as necessary.
Cancellation by the Participant or Client
If an Agreement is cancelled by a Participant or a Client we are unable to offer any refunds or course transfers if cancelled less than 7 days prior to the Assignment or Event or the first session of an Assignment or Event or after an Assignment or Event has begun. If a Participant fails to attend the Event, or a Client or their representative fails to attend an agreed meeting as part of an Assignment, the Client is not entitled to a refund or transfer.
If an Agreement is cancelled by the Client or a Participant more than 14 days before an Assignment or an Event or the first session of an Assignment or an Event, we will refund the full fee minus a 10% administration fee and any costs incurred by the Company in providing the Services. Alternatively, the full fee can be applied as a credit towards a future Assignment or Event, which must be booked in advance and is subject to availability.
Cancellation or transfer requests should be sent to us by email at email@example.com.
If any provision of these Terms and Conditions is found by any court of competent jurisdiction to be unlawful, void or for any reason unenforceable then that provision shall be deemed amended to the minimal extent required to make such provision enforceable and the unenforceability of such provision shall not affect the validity and enforceability of the remaining terms.
In circumstances where a provision cannot be amended in order to become valid and enforceable, such provision shall, to that extent only, be severed from the remaining provisions of these Terms and Conditions, which shall continue to be valid to the fullest extent permitted by law.
Attendance and Conduct
Please ensure that Participants arrive on time for your Event if attending a course.
The Company reserves the right to refuse admission to any person whom it considers in its absolute discretion to be unsuitable for admission to the Event or to remove any such person after the commencement of the Event.
We take the confidentiality of those who use our Services and those who work for us very seriously. Employees of the Company and any associate employees are under an obligation to keep any Client or Participant information shared prior to and during the assignments or events completely confidential (except as otherwise required by law).
Valuing Minds will keep all Confidential Information confidential and we will not disclose the same save as expressly agreed or by necessary implication unless authorised to the contrary.
From time to time, Participants on Events may share sensitive personal information during a group session. We expect all Participants to respect each other’s confidentiality and treat any information shared in the course group as confidential. If it should come to our attention that information gained in this way about another Participant has been shared inappropriately or outside the group, this would be treated extremely seriously and may result in the Participant involved being asked to leave the course.
Information gathered during any Assignments, including handwritten or typed notes, questionnaires, reports, letters and other written material will be stored securely on the company’s premises and all electronic or digitised data will be kept on a secure server.
Intellectual Property Rights
The rights of ownership of all originally created work prepared by Valuing Minds during an Assignment or Services shall remain vested in Valuing Minds unless otherwise agreed in writing but the Client shall have a non-exclusive licence to use such work for the purpose for which it was created.
Any recorded or written material included or presented as part of an Event is protected by intellectual property laws, including copyright laws and may not be used without obtaining prior written permission from Valuing Minds and the respective authors.
Valuing Minds warrants to the Client that it shall appoint a suitably qualified professional to provide the Services and shall use its reasonable endeavours to ensure that the professional has and (so long as such insurance is available in the market) will continue to have for a period of 6 years professional liability insurance with a reputable insurance company with a limit of indemnity of not less than £1,000,000 in respect of each and every claim to cover any claims made under the Agreement in relation to the Assignment, Services and Events.
Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
Except as aforesaid or as required by law, Valuing Minds shall not be liable to the Client by reason of any representation, or any implied warrant, condition or other term, or any duty at common law, or under the express terms of the Agreement fir any loss or damage of any nature, costs, expenses or other claims for compensation whatsoever (and whether caused by negligence of Valuing Minds, its employees or agent or otherwise) which arise out of or in connection with the supply of the Services, except as expressly provided in this Agreement.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Website; or
- use of or reliance on any content displayed on the Website.
If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Agreement.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
Clients and their representatives attend and participate in Assignments, Services and Events at their own risk. We accept no responsibility for any of the following:
- in respect of any person prevented from entering a venue, or asked to leave due to their conduct;
- costs or expenses whatsoever or howsoever arising out of or in connection with any Assignment, Services or Event;
- loss or damage to personal property;
- personal injury, except as set out above. Liability is specifically excluded in respect of any dietary, health or other special requirement of which we were not informed at the time of booking; and
- loss of data, profit, revenue, use, business, anticipated savings, goodwill, reputation or opportunity, financial or economic loss or any indirect or consequential loss or damage.
Notwithstanding the above, our total liability to you in respect of all losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total amount received by the Company under the Agreement.
Except as expressly stated in these Terms and Conditions, we do not give any representation, warranties or undertakings in relation to the Events. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Events are suitable for your purposes.
The Company will not be liable for any failure or delay in the delivery of the Event which is caused by circumstances beyond its reasonable control, including but not limited to strike, lock-out, labour dispute, acts of God, acts of terrorism, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, insolvency or bankruptcy of either party or any third party, fire, flood, snow and storm, exceptional weather conditions, difficulty or increased cost in obtaining workers, goods or transport and other circumstances affecting the supply of goods or services.
If you have any cause for complaint or any feedback during an Assignment, Services or an Event, we would like to hear from you, so that we can address the issue and improve our standards wherever possible. We will take any complaints seriously and aim to respond promptly, fairly and effectively.
If it is a matter related to an Event, such as the course material or instruction, we suggest you raise the issue with the course instructor in the first instance.
If a matter is not resolved to your satisfaction, please contact us at firstname.lastname@example.org who will review your matter with all parties concerned and seek a satisfactory resolution.
The Client recognises that Valuing Minds has a recognised specialty in the provision of psychological Services through its founders and existing connections with professionals specialising in the field of psychology. The Client acknowledges and agrees that it is legitimate for Valuing Minds to wish to protect its business by restricting the Client’s ability to contract directly with the professionals appointed by the Company to provide the Assignment, Services or Events. The Client hereby covenants with Valuing Minds that for a period of two years from the Completion Date it shall not approach, solicit, engage or procure the employment or engagement of any professional who provides the Assignment, Services or Events provided to the Client (or his representative) on behalf of Valuing Minds.
Law and Jurisdiction
Please note that these Terms and Conditions are governed by English law. This means the Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.
Valuing Minds – November 2016