Prima Women’s Health’s Service Terms & Conditions
Welcome to Prima Women’s Health. We look forward to starting our journey together.
Kathryn Levy 23 Thornton Way, Girton, Cambridgeshire CB3 0NL, a sole trader trading as ‘Prima Women’s Health (‘we’ and ‘us’); and
The client (‘you’)
Welcome to Prima Women’s Health. We look forward to starting our journey together. This agreement will apply to all the services we carry out for you and sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
The intention is that it will bring clarity to our relationship and protect both of us so please let us know if there are any clauses that you do not understand or that contradict your understanding of our services.
We provide specialist physiotherapy, health coaching and Pilates services (‘services’) and you and we wish to enter into this agreement to set out the terms and conditions that will apply in respect of the services to be provided by us to you.
If you would like to speak to us about any aspect of this agreement, please contact us by email at email@example.com
1.1 If you use our services you agree to be legally bound by this agreement from the date your appointment is confirmed, including the details of the services which are set out in the statement of services at the end or any additional services which may be set out in a written statement of services agreed between us in the future.
2. Signing up for our services
2.1 Certain sections of this contract only apply to you and us if you are a ‘consumer’, that is if you are an individual acting for purposes which are wholly or mainly outside your business or profession. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and Consumer Rights Act 2015 say that we must give you certain key information before a legally binding contract between you and us is made (see the summary box below). We shall give you this information in a clear and understandable way either in the main body of this contract together with the services description at the end or in any services description agreed between us in the future (“services description”).
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree the services will start within this time, you will be charged for what you’ve used. See clause 6 below for full details.
The Consumer Rights Act 2015 says:
- you can ask us to repeat or fix the services if they are not carried out with reasonable care and skill, or get some money back if we can’t fix them
- if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable
- if a time hasn’t been agreed upfront, they must be carried out within a reasonable time
We shall give you information on:
- the main characteristics of the services you are buying
- who we are, where we are based and how you can contact us
- the price of the services
- the arrangements for payment, carrying out the services and the time by which we shall carry out the services
- how to exercise your right to cancel the contract in the cooling off period if you are a consumer
- our complaint handling policy
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
2.2 This agreement between us will commence on the date of your confirmed booking and will continue unless and until it expires or is terminated by either of us in accordance with clause 10.
2.3 The details of the services to be provided will be set out in a statement of services which you and we shall agree by email confirmation.
2.4 Each statement of services is a separate contract incorporating the terms of this agreement.
2.5 Any quotation given by us to you before we confirm our services by email confirmation is not a legally binding offer by us to supply such services. Any prices set out in a quotation remain valid for 30 days.
3. Carrying out the services
3.1 If you are a consumer you have protection under consumer rights legislation, including that the services must be carried out with reasonable care and skill.
3.2 We shall use reasonable endeavours to carry out the services within the timescales specified in a statement of services, but time of performance is not of the essence of this contract. This means where we miss a timescale agreed with you, as long as we have used reasonable endeavours to meet the timescale, this will not entitle you to terminate the contract with us or ask for a refund or any form of compensation. If we have not agreed a specific timeframe with you, we shall supply the services within a reasonable period of time.
3.3 All sessions (including rearranged sessions) must be taken within the timeframe specified in the statement of services or they will expire.
3.4 You can rearrange any sessions during a programme provided you give us at least 24 hours’ notice. If you give us less than 24 hours’ notice or fail to attend a session, you will be deemed to have taken the session and you will not be able to reschedule it or entitled to any compensation for missing it.
3.5 In order to avoid confusion and the possibility of missed or delayed communications, our main forms of communication are limited to emails and pre-arranged telephone calls. Although we may respond to other forms of communication, we can only guarantee a timely response to these forms of communication.
3.6 Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances. We shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond our reasonable control include internet failure or other IT problems, if one of our team is ill or if you change the scope of the services you require from us.
3.7 To the maximum extent permitted by law, we exclude any and all implied warranties in respect of the services, except as expressly set out in this agreement.
4. Your responsibilities
4.1 You will pay the price for the services as set out in the relevant statement of services.
4.2 You will provide us promptly with such information and assistance, and ensure that any information is complete and accurate as we reasonably need to provide the services.
4.3 If you are in breach of this contract, we reserve the right to suspend or curtail the services as we see fit.
4.4 You agree:
4.4.1 to obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the receipt by you of the services; and
4.4.2 to ensure that you have the right to share any information or materials with us, including any Intellectual Property Rights.
4.5 If the performance of our obligations under these terms is prevented or delayed by any of your acts or omissions, or subcontractors, we shall not be liable for any costs or losses incurred by you that arise directly or indirectly from such prevention or delay.
4.6 You warrant that you have the right to disclose the confidential information and any materials to us and to authorise us to use them for the purpose of providing the services.
5. Prices and payment
5.1 All prices quoted are VAT exempt due to the nature of the services provided, for example healthcare.
5.2 The price for the services is set out in the relevant statement of services.
5.3 We require full payment in advance in order to provide the services. For some services we may agree to payment by instalments. The relevant statement of services will state if we have agreed to accept payment by instalments. If we agree to accept payment by instalments and you fail to make any of the instalment payments on the due date then we shall invoice you immediately for the whole of the outstanding balance and payment for that invoice will be due within 30 days.
5.4 The fees are non-refundable except for:
5.4.1 if you are a consumer, your right to a ‘cooling off’ period, as described below;
5.4.2 where we cancel a programme (other than under 11.3 below) you are entitled to a partial refund for sessions which you have paid for in advance and which you have not received.
5.5 We shall ensure that a record is kept of the amount of time spent on the services.
5.6 We shall be entitled to charge to you any sums reasonably incurred by us in recovering outstanding sums from you including professional and collection agency fees.
6. Cooling off period for consumers
6.1 If you are a consumer, you have the right to cancel this contract within 14 days of your booking confirmation without giving any reason.
6.2 The cancellation period will expire 14 days after the date of the confirmed booking.
6.3 However, if you confirm to us you wish us to start to our services during the 14 day cancellation period, then you lose your right to cancel. At this point our cancellation policy set out in clause 3.4 will apply.
6.4 If you cancel this contract in accordance with the cooling off period in clause 6.1, we shall reimburse to you all payments received from you promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise.
7. Intellectual property
7.1 In this agreement, ‘Intellectual Property Rights’ means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
7.2 In this clause ‘Deliverables’ means any bespoke documents or other materials produced by us for you and to be supplied to you as part of the services as set out in our statement of services.
7.3 If we provide you with any materials other than the ‘Deliverables’ during the services, whether digital or printed, any Intellectual Property Rights in those materials belongs to us and unless we agree otherwise you can only use those materials for your own personal use to obtain the benefit of our services. You may not use such materials for any other purpose and you may not share them with third parties.
7.4 Provided we have received payment in full for our fees, we shall grant you an exclusive licence to use the ‘Deliverables’ for your own personal use in order to enjoy the benefit of our services under the terms of this agreement (save in the event of a breach by you of the terms of this contract).
8. Confidential Information
8.1 All information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others.
8.2 Where you to participate in any group sessions, for example as part of a group coaching programme, you agree to keep strictly confidential any information shared by participants in those group sessions and not to share it with any third parties. You will not use the confidential information of any participant of a group session for your own benefit except with the explicit consent of that participant.
8.3 The obligations in clauses 8.1 and 8.2 will not apply to information which:
8.3.1 has ceased to be confidential through no fault of either party;
8.3.2 was already in the possession of the recipient before being disclosed by the other party; or
8.3.3 has been lawfully received from a third party who did not acquire it in confidence.
8.4 Your and our confidentiality obligations under this clause will continue after termination of this agreement.
9. Personal Data and Data Processing
9.1 We shall use the personal information you give to us to:
9.1.1 provide the services;
9.1.2 process your payment for the services; and
9.1.3 inform you about any similar products and services that we provide (though you may stop receiving this information at any time by contacting us).
9.2 We shall not give your personal information to any third party unless you agree to it.
10. Resolving problems and faulty services
10.1 In the unlikely event that there is a problem with the services, please contact us as soon as possible and give us a reasonable opportunity to sort out any problems with you and reach a positive outcome.
10.2 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from suppliers of services, you can find out more from Citizens Advice on their website www.citizensadvice.uk or call them on 03454 040 506.
10.3 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015. You may also have other rights under common law.
10.4 Please contact us using the contact details at the top of this contract, if the services we supply are faulty and you wish to discuss with us the possibility of:
10.4.1 us reperforming the services; or
10.4.2 a price reduction; or
10.4.3 a refund.
10.5 The terms of this agreement will apply to any re-performed services.
11. End of the contract
11.1 If a services description specifies a length of time for services to be provided, then subject to clause 11.3 below, the services will terminate at the end of that timeframe.
11.2 If we provide services to you on an ongoing basis and the relevant statement of services does not specify a timeframe then either you or we may terminate the services by written notice to each other.
11.3 Either you or we may terminate the services and this agreement immediately if:
11.3.1 the other party fails to pay any amount due under this agreement on the due date for payment and remains in default not less than 14 days after being notified to make such payment;
11.3.2 the other party commits any other material breach of this agreement and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that the contract for services and this agreement will be terminated if the breach is not resolved; or
11.3.3 the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
11.4 If this agreement is ended it will not affect our right to receive any money which you owe to us under it and it will not operate to affect any provisions that expressly or by implication survive termination.
12. Limit on our responsibility to you
12.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
12.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed
(b) were not caused by any breach of these terms on our part
12.1.2 business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.
12.2 Our total liability to you is limited to the amount of fees paid by you for the services.
12.3 This limitation on liability is an integral part of the commercial bargain between you and us and was a controlling factor in the setting of the fees payable to us under these terms.
13.1 We shall try to resolve any disputes with you quickly and efficiently.
13.2 If we cannot resolve a dispute using our internal complaint handling procedure and either of us want to take court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to any contract entered into pursuant to this agreement.
13.3 The laws of England and Wales will apply to any contract entered into pursuant to this agreement
14.1 This is our entire agreement with you. This agreement constitutes the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in this agreement and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
14.2 Amending the agreement. No variation of this agreement shall be valid or effective unless it is in writing and is agreed to by us.