Terms and Conditions

Education Business Club

Terms and Conditions 

Updated November 2023

 

A  .Definitions


1.  “Client” “you” is the person (or persons) who accepts the Proposal (where more than one they are joint and severally liable) You are purchasing the Services as a business and therefore you are asked to read section C of these Terms very carefully.


2.  “Proposal” is the description of the Services set out on various pages of our online platform https://www.educationbusinessclub.co.uk/ to be provided by us to the Client.


3.  “Services” are those set out in the Proposal. They are business to business services. The Services are:


“Education Business Training”


“Education Business Mentoring”


“Education Business Events”


as selected by the Client from the options in the Proposal. Services include the provision of Materials.


4.   “Materials” are any written, photographic, or digital files, documents, copy or images that we provide as part of the Services, whether free or paid for, and include but are not limited to PDFs, graphs, photographs, video content, audio files, how-to guides, process descriptions and any other written or digital material which supports or forms part of any or all of the Services.


5.  “Education Business Club” “we” “us” is Claire Riley trading as Education Business Club (and also as The Claire Riley Business Club) at Drakes Industrial Estate, Shay Lane, Ovenden, Halifax, HX3 6RJ


6.  “Terms” are these Terms and Conditions.

 

B  Price and payment


1.  The price for the Services and/or Materials is set out in the Proposal provided to the Client prior to the commencement of the Services or delivery of the Materials. The price and, where applicable, any expenses, shall be the “Fees” of Education Business Club.

 

2.  The price and payment options for the Services and/or Materials are set out on the website. VAT is not applicable.

 

3.  Payment of the Fees is by monthly or annual subscription, first payment due at the commencement of the Services, and payable at intervals during the period of delivery of the Services as set out clearly on our website.

 

4.  Each subscription instalment must be paid on time, and failure to pay any instalment on time will be a material breach of this agreement and will result in Education Business Club removing your access to the Services immediately and thereafter cancelling or amending the Services, in their sole discretion.


Education Business Training

 

5.  The Fees for Education Business Training shall be paid in advance, by installments, the first installment paid before commencement of the Services, on signing up to our online payment platform. The Fees are for at least a complete month of the chosen Services and are renewed on a monthly basis thereafter unless terminated by either party. You should refer to clause C below for the consequences of cancellation and/or rescheduling any of the Services.


6.  The Education Business Training shall be delivered monthly via an online Circle community through a range of courses and training materials accessible on demand by you, subject to the matters set out below. You will be granted access to this app after you agree these Terms and payment of the first installment of Fees. Once you have accessed the app and or the Services (even if you have not viewed, used, read, or downloaded any of the Services or Materials) you may only cancel the Services in accordance with clause C.


7.   Education Business Training will be added to in The Education Business Club each month.


8.  At the conclusion of the subscription Services the Client’s access to the app (and the Services) will be removed.

Education Business Mentoring


9.  The Fees for Education Business Mentoring shall be paid in advance, by installments with the first installment paid before commencement of the Services, on signing up to Education Business Mentoring on our online payment platform. The Fees are for at least a complete month of the chosen Services and are renewed on a monthly basis thereafter unless terminated by either party. You should refer to clause C below for the consequences of cancellation and/or rescheduling any of the Services.


10.  The Education Business Mentoring shall be delivered monthly via in-person or remote sessions every second month. You will be granted access to the services after you agree these Terms and payment of the first installment of Fees. Once you have accessed the app and or the Services (even if you have not viewed, used, read, or downloaded any of the Services or Materials) you may only cancel the Services in accordance with clause C.


11.   At the conclusion of the subscription Services the Client’s access to the app (and the Services) will be removed.

 

Education Business Events

 

12.  The Fees for Education Business Events are included as part of the fees for Education Business Training and Education Business Events.


13.  Education Business Events shall be delivered in accordance with the schedule available in each of the events tabs in Education Business Club.


14.  At the conclusion of the subscription Services the Client’s access to Education Business Events will be removed.

 

 

C  Rearrangements of the Services and Cancellation


1.  The Services can be rearranged or cancelled by either party in writing or by email to hello@educationbusinessclub.co.uk subject to the matters set out in this clause.

 

Cancellation by Education Business Club


2.  2.1  If Education Business Club cancels the Services, save in accordance with clause 2.2, Fees for any of the Services paid by the Client in advance will be repaid to the Client within 14 days of cancellation. Any Fees paid for Services already delivered will not be refunded. No further refunds, sum or compensation will be payable to the Client by Education Business Club arising from such cancellation.


  2.2  The Services may be terminated by Education Business Club if payment of the Fees is not made in accordance with these Terms, or if the Client commits a material breach of any of these Terms and fails to remedy the breach within 14 days of being notified in writing, or the Client makes any statements or behaves in any way or requests Education Business Club to undertake any actions that are discriminatory, illegal or immoral, or if the Client enters into any form of insolvency arrangement or suspends its business. Upon termination, the Client shall immediately pay any outstanding sums to Education Business Club.

 

2.3  In the unlikely event of Education Business Club having to reschedule the Services, Education Business Club will give the Client as much notice as reasonably practical and offer alternative dates to deliver the Services as soon as practicable. No refunds, sum or compensation will be payable to the Client by Education Business Club arising from such rescheduling.

 

Cancellation by the Client

 

3.  These are monthly or annual subscription Services with a one-month minimum subscription term and can be cancelled by the Client at any time after entering into the agreement, subject to the matters in this clause.

 

3.1  If the Client seeks to cancel the Services, then the Fees paid shall be forfeited and non-refundable in their entirety. Any Fees not paid at the time of cancellation by the Client shall be due in full immediately. This includes any instalments yet to be paid at the time of cancellation. No further sums will be due from the Client to Education Business Club arising from such cancellation.

 

3.2  As the Client has immediate access to the Services once they enter this agreement, if the Client seeks to cancel the Services after entering into this agreement, then the Fees for all agreed Services (whether provided at the date of cancellation or otherwise) will be payable in full by the Client. There will be no refund if the Services access has been used by the Client, even if the Client has not viewed, used, downloaded, or partaken in or made use of the Services or Materials.

 

3.3  Education Business Club MAY elect to refund or forego all or any of the Fees (in full or pro rata) for Services not yet delivered, in their absolute discretion.

 

 

 

D  General Conditions


1.  Request by the Client for the Services on the online payment platform before payment for the Services and /or Materials by the Client, will constitute an acceptance in full of these Terms.


2.  The Services supplied shall be provided from the date, at a location and for a period of time agreed in writing from time to time. The Services shall terminate when they are completed, and all payments have been made in full. Variations to the Services may only be agreed in writing. Variations to the Services by Education Business Club may be essential if services or suppliers need to be substituted. In such an event, the same level of services or goods or suppliers will be provided but limited changes are inevitable. Education Business Club will endeavour to maintain quality and value as far as reasonably possible.


3.  Education Business Club shall use reasonable endeavours to meet any performance dates, but such dates shall be estimates only, and time is not the essence of the contract.


4.  The Fees will be paid after invoices rendered from time to time. VAT is not applicable. Payment terms are ‘immediate’, and payment is not deemed to have been made until the Fees have been paid in full. If payment is not made in full and within time, the Services may be suspended and payment in advance may be required before the Services are re - commenced.


5.  Education Business Club reserves the right to require all Fees to be paid in advance of the commencement of the Services where applicable and agreed in writing by us.


6.  If payment is not made in accordance with the above clauses, Education Business Club reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.


7.  Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services or making proper use of the Services. Each party recognises and accepts its obligations with regard to the control and the processing of personal data under the current data protection legislation and regulations. For more information on this, please see our Privacy Notice on our website.


8.  Following the conclusion of the Services, Education Business Club may wish to contact you to request testimonials, recommendations, or feedback on the services. By agreeing to these Terms, you are consenting to that contact by Education Business Club after the conclusion of the Services.


9.  The Client grants to Education Business Club consent to use any work including photographs and videos created as part of the Assignment to show off its services and designs, together with the right to display images as part of its portfolio and to write about the Assignment on websites, and in its marketing materials. In such circumstances the Client will not be identified, or identifiable from the use of the work unless the Client’s specific written consent has been obtained.


10.  Education Business Club asserts its intellectual property rights, including copyright and design rights, over any photographs, videos, plans, designs, concepts, digital or written Materials produced by us as part of the services.  Materials shall not be reproduced, copied, shared, or used elsewhere without the written permission of Education Business Club.  All rights are entirely reserved by Education Business Club. Unless otherwise agreed in writing, the property and copyright or any other intellectual property rights in Materials produced by Education Business Club to deliver the Services shall remain ours. They may not be copied or used without our written permission.


11.  From time to time, during the course of the Services, we may recommend products and services from our affiliates and partners, for which we may receive a commission or other benefit.


12.  Education Business Club’s liability in respect of any loss of good will, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special, or indirect loss or damage will be NIL.


13.  Education Business Club will use reasonable care and skill in performing the Services. Where any valid claim in respect of the Services is made the Client may only be entitled to a refund of the Fees or part of the Fees paid by the Client. In respect of any other direct losses (in Contract or Tort) the total liability of Education Business Club will not exceed £150,000.


14.  Nothing in these Terms will exclude or limit liability for death or serious injury caused by Education Business Club's negligence.


15.  If Education Business Club is limited or hindered from providing Services booked by the Client due to circumstances beyond its control eg. government intervention, Acts of God, civil disturbance, war, national or local disaster, strikes, labour disputes, epidemic and/or pandemic, then any liability of Education Business Club to the Client shall not exceed the amount paid by the Client for the Services. Where the value of the Services already delivered to the Client (and/or expenses incurred) is greater than the value of the Fees paid, we shall be entitled to be paid additionally for all Services delivered (and/or expenses incurred) to the Client up to that point. Education Business Club shall not be liable for any losses incurred by the Client in such circumstances.


16.  Education Business Club shall not be liable for you or your business’s performance or lack of performance following the delivery or use of our Services or our Materials. We do not guarantee any result for Clients or their businesses.


17.  Nothing in these Terms is intended to create a partnership or joint venture between Education Business Club and the Client, and no party has the right to act as agent for the other or to bind the other party in any way.


18.  These Terms and any dispute arising from them shall be governed by the laws of England and Wales.