Terms and Conditions
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside Of My Control: is defined in clause 8;
Order: your order for the Services as set out within these terms which is made clear to you at the time of purchase;
Contracts: your personal client contract which must be signed before enrolment into specific services or your noted agreement to these terms.
Services: the coaching services/programmes/retreats that I am providing to you as set out in the Order;
Sessions: the online group coaching sessions;
Terms: the terms and conditions set out in this document or any other contract agreed between us;
I /Me/My/Us/Our/Company/We: Michelle Stonhill, Women's Wealth Strategist and Business Coach, Fierce Faith Company/brand;
Intellectual Property Rights: Any and all copyrights, rights in inventions, patents, know-how, trade secrets, trade marks and trade names, service marks,
design rights, rights in get up, database rates and rights in data, rights in software, the right to sue for passing off, domain names
and all similar rights in each case whether registered or not including any applications to protect or register such rights and
including all renewals and extensions of such rights or applications, whether vested, contingent or future and wherever arising
throughout the world.
Confidential Information: Any and all data, ideas, or information in any form relating to your, our, or any other participant on our Program's business, services,
operations, plans, strategies, know how, trade secrets, methods, market opportunities, customers (including prospective
customers), commercial relationships, and general business affairs.
1.2 When I use the words “writing” or “written” in these Terms, this will include email and social media messages unless I say otherwise.
2. PRIVACY, CONFIDENTIALITY AND INTELLECTUAL PROPERTY
2.2 We shall not, either directly or indirectly, communicate or disclose, make available to, or use for our own benefit (other than in order to provide the Services to you) or for the benefit of any other person or entity your Confidential Information.
2.3 You agree to keep confidential any of our Confidential Information or any Confidential Information of a fellow participant in any Service which you receive and not to either directly or indirectly, communicate or disclose, make available to, or use for your own benefit any such Confidential Information other than in discussion with other Service participants during Service sessions or Service activity.
2.4 You acknowledge and agree not to exploit or otherwise infringe our Intellectual Property Rights (other than insofar as we allow in order for you to participate in the Service) or that of any other Service participants, in doing so you agree to pay Us a licence fee of £25000 which is payable immediately.
2.5 You acknowledge and agree that any Intellectual Property Rights shared with you by us or a Service participant is confidential and belongs solely and exclusively to Us and are our Confidential Information, and may only be used by you as authorised by Us.
2.6 You acknowledge and agree not reproduce, distribute, share and/or sell any Intellectual Property Rights, Confidential Information or any other materials, access or information provided to you by Us, in doing so you agree to pay Michelle Stonhill a licence fee of £25000 which is payable immediately.
2.7 You agree that if you violate any of your obligations contained in this clause 2, that irreparable harm may result and we and/or the other Service participant(s) will be entitled to injunctive relief against you and you also agree to indemnify and hold us and our Service participants harmless any action taken against us or our participants arising out of your violation of any provision of this clause 2.
2.8 You may not without my prior written consent make any audio or visual recordings of all or any part of our Sessions or any other service included with the Service.
2.9 As is good practice in coaching, We undertake coaching and am part of supervision groups. You agree that We may disclose any issues which arise out of the Sessions with my own coach, supervisor and/or supervision group but We agree only to disclose such issues on a general basis and without disclosing your name.
2.10 You must keep all information discussed in the Sessions or any other part of the Service strictly confidential and you agree to consider it Our Intellectual Property Rights from the point of submission.
2.11 Any trainings in which you participate in are the sole property of the Michelle Stonhill company and your relinquish any and all rights when taking part, you agree it will considered Our Intellectual Property Rights from the point of submission.
2.12 We acknowledge that in the course of providing the Services to you, We will have access to personal data and Confidential Information relating to you and your affairs and We agree not to (except in the proper course of my duties) use or disclose to any third party (outside of any team members, Officers, Staff members, Partners, Contractors or other third parties engaged to assist me in providing the Services as contracted) any Confidential Information. This restriction does not apply to the following which you will have no further control over;
2.12.1 any use or disclosure authorised by you either under these terms or otherwise, or required by law;
2.12.2 any use or disclosure which We in my absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to
you or to others;
2.12.3 any information which is already in, or comes into, the public domain otherwise than through my unauthorised disclosure; or
2.12.4 any information which was provided by you with the intention to be used in public domain.
3. MY CONTRACT WITH YOU
3.1 You are engaging me and the Fierce Faith brand as a ‘Woman's Wealth Strategist and Business Coach’ and I will provide My Services to you on these Terms.
3.2 Please ensure that you read these Terms and all other terms/contracts carefully and check that your details on the Order and in these Terms are complete and accurate. If you think that there is a mistake on the Order/Terms/Contract, please contact me by email. I will confirm any changes in writing to avoid any confusion between us.
3.3 When you submit the Order to Me, this does not mean that I have accepted your Order for Services. My acceptance of the Order will take place as described in clause 3.4 below. If I am unable to supply you with the Services, I will inform you of this in writing and I will not process the Order.
3.4 These Terms will become binding when I contact you by email to confirm acceptance of your Order and that I am happy to provide the Services to you or when your payment of any amount is paid, at which point a contract will be formed between you and I. The contract will then continue unless and until the Services have been provided in full, the service is terminated as set out in these Terms or a further Contract is signed.
3.5 This program and the service offered by us under these terms is designed for business owners. You agree to these terms in your capacity as a business owner and a trader, not as an individual consumer. You acknowledge that this Service has been developed for you to improve your business, trade and profession. This is true even if you do not have a formal business entity such as a limited liability company. As a business owner, you may have limited rights under the laws of your state or country and consumer rights do not apply. It is your responsibility to seek your own independent legal advice before agreeing to these terms.
3.6 You acknowledge and consent to digital content and intellectual property being made available to you immediately upon payment and that upon this engagement into any intellectual property and digital content you lose any rights that may be applicable to cancel under but not limited to the Consumer Contracts Regulations / Consumer Rights Regulations.
3.7 Throughout the duration of any agreement you shall not, in any manner, represent, provide services or engage in any aspects of business or solicit any client, customer, officer, staff, consultant, or employee for your benefit or benefit of a third party that is or may be engaged in a similar business throughout the duration of this agreement and for a period not to exceed 1 year following the culmination, completion or termination of these Terms/Contract without written permission from Michelle Stonhill.
3.8 You agree that we may limit, suspend, and/or terminate your participation in any Services (which may result in your immediate physical removal from the Service) without refunding any sums already paid or reducing your obligation to these or any other agreed Terms if we determine that you are becoming disruptive or impairing the participation or progress of any instructors or participants or if you fail to follow or abide by these or any other agreed Terms.
4. CHANGES TO ORDER OR TERMS
4.1 I may change these Terms at my discretion or if there is a change in the relevant laws and regulatory requirements.
4.2 If I have to revise these Terms under clause 4.1, I will give you at least 2 week’s written notice of any changes to these Terms before they take effect. In these circumstances, you can choose to cancel the contract in accordance with clause 8.
5. PROVIDING MY SERVICES
5.1 You will receive coaching sessions (“Session(s)”) from the date set out in the Order for a period of 90 Days, 12 months, 6 months, 3 months or 6-weeks, the amount is defined in our Contract and the programme agreement/confirmation.
5.2 The Sessions will take place online at the dates and times agreed between us and evidenced by My communications. Each Session will be of differing length – in the most part 30-90 minute sessions.
5.3 I will make every effort to complete the Services on time. However, I reserve the right to change the date and time for any reason, including ill health. If I have to change the time of a Session, I will provide you with as much notice as possible.
5.4 There may be delays due to an Event Outside Of My Control. See clause 8 for Our responsibilities when an Event Outside Of My Control happens.
5.5 If you are not able to attend a Session for any reason (including due to Me changing the date, time or venue), you will not be entitled to any refund but We may at Our discretion offer you a catch-up session.
5.6 In the event I or any member of Our team are un-able to attend any pre-arranged meetings, coaching session, calls or trainings of any type for any reason you agree that We can not be held liable, however every attempt will be made for another member of Our team to cover the session where possible and applicable.
5.7 In the event of disruption to any services due to any holiday time, vacation time, maternity leave, paternity leave, bereavement leave, public/national holidays, Events outside Of My Control and any other leave of any kind We will provide you with as much notice as possible however you agree We can not be held liable.
5.8 We reserve the right to limit any and all Services in any and all programmes during any public/national holiday, weekends and festive periods.
5.9 In the event you need to cancel or fail to attend a pre-arranged session through no fault of Our own, We will make every attempt to reschedule the session where possible as a gesture of goodwill, however We can not be held liable or in breach of the agreed terms of service/Contract if it is not possible to reschedule. You agree and acknowledge that the missed session remains part of the agreed service we are contracted to provide to you with.
5.10 We shall provide the Services to you with due care, skill and ability. However, due to the nature of our Services, We do not guarantee any particular results and you agree that We can not be held liable/responsible for any/lack of results.
5.11 We make every effort to accurately represent the Services and its potential. While we stand by all claims and the value of the Service, the testimonials and examples used are not intended to represent or guarantee that you will achieve the same or similar results. The success that other participants have enjoyed is due to many factors, a large part of which was the support and expertise they received during the Service, but it also involved a number of other factors outside of the Service including their background, dedication, desire, and motivation. As such (as with any business endeavour), there is an inherent risk of loss of capital and we make no guarantee of any particular level of business success (financial or otherwise) as a result of your participation in the Service, you agree and acknowledge any such success will inherently also depend on other factors beyond our control and we can not be held in anyway liable or responsible for any/lack of results.
5.12 All opinions, advice, guidance or other information provided by any guest/expert/medium within the Service is provided in good faith and to the best of their ability but we make no guarantee or representation as to the accuracy, completeness, or reliability of any such information. All services provided by guest/expert/medium should be considered as entertainment services only and should not be taken as any form of legal, medical, financial, business, or any other type of professional advice.
5.13 Any mediums within the Service are not qualified to provide advice on legal, financial, medical, or business matters and as such you should always consult a qualified professional person if you require any advice in respect of any of those areas. Any information, opinions, or advice provided by our mediums shall not be considered to be a replacement or substitute for advice from such professionally qualified persons and should not be treated as such.
5.14 We shall not be responsible for any loss, damage, claim or other expenses that you suffer as a result of, or is alleged to have been caused by a result of, any information opinions or advice provided by any guest/expert/medium within the Service, including any actions that you decide to take, or omit to take, following receipt of the same.
5.15 In the event a guest speaker/trainer or any training/content provided by a third party can not go ahead as scheduled or advertised for any reason, we will make every effort to re-schedule where possible however you agree that this will be considered Out Of Our Control and we can not be held responsible, it also cannot be considered as a breach of our agreement.
6.1 The purchase price of the Fierce Faith Movement Service as highlighted in the Order is £111 per month of enrolment payable in advance. By committing to the Order you agree to commit to a minimum of 3 months enrolment and a fee of £333. For the avoidance of any doubt, if you cease to engage or leave the Service for any reason, you agree and acknowledge you are still obligated to pay any outstanding sums of the agreed purchase price as outlined in the Order and these Terms.
6.2 The price of the Services have been set by Us in advance and are set out in the Order. Our prices may change at any time and in the event of a price change We will give you written notice.
6.3 Where We are providing Services, We may at Our discretion give you the option to pay for the Services on a rolling monthly basis via a payment schedule. Should you choose to pay via this method, all payments are due on time or you may be suspended or removed from the Service in the event you fail to meet the agreed schedule.
6.4 The fee for your enrolment into the Fierce Faith movement and Services under these terms will be debited automatically on a rolling monthly basis as per the Order from the default payment method you have attached to your account at the time of your original purchase unless you have instructed otherwise and issued additional/alternate payment methods/instructions. The date of the debits will be the same date each month as your original purchase.
6.5 If you do not make any payment due to Us by the due date We reserve the right to charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate from time to time of The Bank Of England plus an admin fee of £70. 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. You must pay Us interest together with any overdue amount.
6.6 The total purchase price of any product/service is agreed prior to the commencement of the said service, it is further confirmed within the Order and also within these terms agreed by you prior to the commencement of any service. You acknowledge and agree to fully pay the agreed purchase price of the service/product and your obligation to it can not changed, edited or cancelled without either written agreement from both parties or in the event of a contract breach; Any contract breaches must be investigated and be presented with substantiated evidence. For the avoidance of any doubt, if you wish to disengage or leave any service/product prior to its completion for any reason, you agree and acknowledge you are not released from your obligation to the agreed purchase price as contracted.
6.7 In the event you fail to meet your agreed commitments to your contracted financial obligation, I reserve the right to suspend your enrolment into any Programmes/Courses/Services and any period of suspension will not be reimbursed financially or added as an extension to any Programme/Course/Service.
6.8 Any payment methods used by you to make payment will be held on your file and attached to your account, all payments will be automatically attempted from the default method you set. In the event of a failed payment attempt, the next payment method on your file will be used. To remove any saved payment methods from your account please contact us. Please note that you must at all times have at least one payment method saved on your account. If a request for the removal of a payment method would result in no payment methods being saved on your account then such removal request shall be refused unless and until a valid replacement method is provided.
6.9 You agree and acknowledge that you have the full authority from the card holder to use any and all payment methods given to us by you for any payments/deposits that may be due or included in your purchase now and in the future. You also accept all responsibility for any errors relating to payment methods unless the error falls outside of these or any other agreed terms.
6.10 Any payment schedules due to be paid on either 28/29/30/31 of any specific month will automatically change to the final day of the same month when that month has fewer days.
6.11 If any payment is beyond 30-days overdue, we reserve the right to pass the matter on to a Debt Recovery Mercantile Agency or a Solicitor in order to recover the outstanding amount due and payable. You agree and acknowledge that you shall be held solely responsible for any and all costs incurred in pursuing any overdue amounts, including but not limited to fees incurred for Our legal representation and costs incurred when seeking and enforcing County Court Judgements. You agree and acknowledge that this clause is to be considered a contractual obligation.
7. MY LIABILITY TO YOU
7.1 We do not exclude or limit in any way Our liability for death or personal injury caused by Our negligence or for my fraud or fraudulent misrepresentation or for any matter for which liability cannot legally be excluded or limited.
7.2 My total liability under any law or in relation to the performance (or contemplated performance) of the Order/Terms shall in all circumstances be limited to the total price paid by you for the Services.
7.3 If We are prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of Our control, We shall not be in breach of the Contract or liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
7.4 The provisions of this clause 7 shall survive termination of the Order/Contract.
7.5 You agree and acknowledge that we can not be held responsible or at fault for any and all promotional/sales messages/material relating to any of our Services which have been distributed by an independent affiliate agent.
8. EVENTS OUTSIDE OF MY CONTROL
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms/Contract that is caused by an Event Outside Of My Control.
8.2 An Event Outside Of My Control means any act or event beyond Our reasonable control including without limitation a failure of public or private telecommunications networks, storm, flood, earthquake, pandemic, epidemic or other natural disaster.
8.3 If an Event Outside Of My Control takes place that affects the performance of Our obligations under these Terms:
8.3.1 I will contact you as soon as reasonably possible to notify you; and
8.3.2 Our obligations under these Terms/Contract will be suspended and the time for the performance of Our obligations will be extended
for the duration of the Event Outside Of My Control; and
8.3.3 We will restart/recommence the Services as soon as reasonably possible after the Event Outside Of My Control is over.
8.4 You may cancel if an Event Outside Of My Control takes place and you no longer wish Us to provides the Services in accordance with the agreed terms as highlighted in clause 9. Please see your cancellation rights under clause 9. We will only cancel the contract if the Event Outside Of My Control continues for more than 12 weeks.
9. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
9.1 All payments made to Us for Services are non-refundable, non-exchangeable and non-transferable, this includes any cancellations made by you.
9.2 In the event you wish to terminate your enrolment in the Fierce Faith Movement service, you are free to do so without penalty. You agree and acknowledge you are still obligated to pay any outstanding sums of the agreed purchase price as outlined in the Order and these Terms.
9.3 Either of us may terminate the Terms/Contract if the other is in material breach of any Terms and do not correct or fix the situation within 7 days of receiving notice of the breach in writing.
9.4 We may terminate the Contract immediately (without any liability to provide any refund to you) if I reasonably feel that you are not participating fully in the Sessions, that you are disrupting the Sessions or for any other reason where we reasonably feel that your presence is adversely impacting on the Sessions, other clients/customers, Officers, Contractors, Staff or Directors.
9.5 On or before the date of a termination by either party to your service/contract for any reason, you agree and acknowledge to immediately settle any unpaid fees, outstanding balances remaining for any purchased products/services or any other sums payable under the terms of any respective Contracts.Orders. For the avoidance of any doubt, if you wish to disengage or leave any service/product prior to its completion for any reason, you agree and acknowledge you are not released from your obligation to the agreed purchase price as contracted.
9.6 Termination of the Contract shall not affect any rights, remedies, obligations and liabilities of either of us as at the date of termination, including the right to claim in respect of any breach of the Contract, which existed at, before or after the date of termination.
9.7 In the event of any initiated payment disputes or for any other reason, you acknowledge and agree that all payments made by you for services are final, non-refundable, non-transferable and non-exchangeable. You also acknowledge and agree not to contest any disputes raised and that any disputes should be decided immediately in favour of the Company.
9.8 You acknowledge and agree that in the event of a termination to your service/contract for any reason you are not entitled to a refund of any monies paid by you to Us prior to that date. Furthermore you acknowledge and agree not to contest any payment disputes initiated at such time and agree that any disputes should be immediately decided in favour of the company.
9.9 In the event you request a refund and it is agreed under the terms of your purchase, a payment processing fee will be applied and deducted from any refunded payments at a rate of between 1.4% - 2.9% (depending on payment method issuing country) +20p. A breakdown of these fees can be provided upon request.
9.10. In the event of any required changes/cancellations to times/dates of the Service due to unforeseen circumstances by either Us/You/third party, you agree that the Company can not be held liable and that you are not entitled to a refund or claim against Us for any loss caused as a result of such changes/cancellations. In this event every effort will be made to offer you the opportunity to transfer your purchase to a different Service/date where/when available.
9.11 In the event you choose to cancel your enrolment into the Fierce Faith Movement Service, you accept and acknowledge that your access to the Service will be limited/withheld/removed from the time you request to cancel and We are in no way obligated to provide a refund based on any time lost.
10. INFORMATION ABOUT ME AND HOW TO CONTACT ME
10.1 The relationship between us will be that of independent contractor and nothing in these Terms shall render Us your employee, worker, agent or partner.
10.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by email at: email@example.com
10.3 If We have to contact you or give you notice in writing, We will do so by email to the email address which you provide in the Order.
11. OTHER IMPORTANT TERMS
11.1 This contract is between you and Us. No other person shall have any rights to enforce any of these Terms.
11.2 You acknowledge and agree that:
11.2.1 these Terms constitute the entire agreement (unless a further Contract is signed) and understanding between us and supersede any previous
arrangement, understanding or agreement between us relating to the provision of the Services;
11.2.2 in entering into these Terms/Contract you have not relied on anything said by any person (including any third party) relating to the provision of the
11.3 Each paragraph in these Terms operates separately. If any Court or relevant authority decides that they are unlawful, the remaining paragraphs will still remain in full force and effect.
11.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with these Terms. If We do waive a default by you, We will write to you, and that will not automatically mean that We have waived any future default by you.
11.5 These Terms are governed by English law. You and Us both agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Services which are being provided to you under these Terms.
11.6 During the term of Agreement and thereafter, you agree to take no action which is intended, or would reasonably be expected, to maliciously harm Us or our agents, employees, contractors, or clients (including other Service participants) or its or their reputation or which could reasonably be expected to lead to unjustified or defamatory publicity to us, or our agents, employees, contractors, or clients. In doing so you accept and acknowledge our right to hold you legally liable.
11.7 You acknowledge and agree to guarantee the performance of all of your obligations under this Order/Terms and to indemnify and hold us harmless against any loss incurred by us out of any non-performance or breach of the agreement by the you.
11.8 You acknowledgement and agreement to this Order/Terms indicate full understanding and agreement with the information outlined above and within this Order/Terms and that all information written or submitted in this Order/Terms is true and factual.