Swander

Coaching Business Terms

These Coaching Business Terms are the standard terms which apply to the coaching services we provide to you (known as the “Services” or “Coaching Sessions”), by us, Swander (the trading name of Swander) whose business address is 35 Caribou Walk, Reading, United Kingdom RG7 1WR (referred to as us/we/our).

Please read these Coaching Business Terms carefully and accept them by the tick-box provided before completing your purchase to indicate your acknowledgement and acceptance. If you have any questions on any part of this document, please do not hesitate to ask before accepting.

Effective Date and Term

This Agreement shall commence upon acceptance and shall continue for the duration of services provided unless terminated in writing in accordance with the terms of Termination set out below.

Description of Coaching

Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.

Professional Information

We are accredited by the International Coach Federation (“ICF”) and will abide by their ethics and standards of behaviour. You can find the ICF’s code of ethics and conduct here https://coachingfederation.org/regulation. We recommend that you review this.

Format of Sessions

Coaching Sessions shall be by appointment only, should be booked online via our website https://www.swander.io and delivered via a pre-agreed livestream service. Details of the timing, length and fees shall be agreed upon and will be made available to you in advance.
If you know you are going to be late for an appointment, you should contact us to tell us. If you arrive later than 15 minutes after an appointment time, we will try to provide the Services you have booked but if we decide that we cannot, the appointment will be treated as cancelled without notice by you and may be charged (See Cancellations below).
The language of the Sessions is English unless agreed otherwise in writing before the Session.

Online Sessions

Sessions may be provided online via a pre-agreed livestream service (for example Kajabi’s built-in video solution, Zoom or GoogleMeet). When using a third-party supplier for online sessions your personal and special category data will be treated in accordance with their Privacy Policy.
If we provide any of our Services as a live stream, we will use reasonable endeavours to start it at the time it is scheduled to start. If the start is delayed by circumstances beyond our control, we will not be liable for any such delay.
In some limited circumstances, we may need to suspend the provision of an online session for one or more of the following reasons:

(1) To fix technical problems or to make necessary technical changes;

(2) In the event of illness or other circumstances beyond our control.

In the event of any of the circumstances listed above occurring, then we will use reasonable endeavours to give as much notice as possible to you.
We will not be liable to you for any costs or losses incurred by you as a result of using any third-party online provider to attend a session virtually with us. You should make yourself familiar with such providers' terms and conditions and privacy policies before use.
Ahead of your online session, we ask you to plan where in your location you will sit for the meeting. It is important that the connection to the internet is as strong as possible.
It is important that you ensure the space is private and that you cannot be interrupted or overheard. You are strongly encouraged to make any necessary arrangements with anyone you may normally share the location with to ensure that your protected space can be achieved. Wearing earphones attached to your mobile, laptop or tablet device helps block out “feedback” noise and ensures extra privacy.

Recording of Sessions

We are occasionally asked by clients if they can record our session to listen again in their own time. In most circumstances, this will be acceptable, but please note that clients are not permitted to record sessions without receiving our written consent. This applies to any form of recording device including phones and live Skype/Facetime/Zoom/Teams etc.
Where sessions have been recorded, clients are not permitted to share, broadcast, distribute or make available online the recordings without our written consent. If you would like to share the recording with someone (e.g. a family member, or partner) please request written permission from us.
We may from time to time record your Session(s) (subject to confidentiality below). You authorise us to use your image and voice in any such recordings without payment, other conditions or need for further consent.

Cancellations

You may cancel an appointment without charge if you give us at least 48 hours in working days prior notice in writing on [email protected]. If you do so, we will aim to reschedule your appointment. For example, cancellations for appointments on Tuesdays have to be communicated to us on Fridays.
Any cancellations made with fewer than 24 hours' notice will be charged at the full rate. In case of cancellations made between 24 and 48 hours’ notice you will be charged at 50% of the full rate and you will be entitled to book a new appointment charged at 50% of the full rate.
If, due to exceptional circumstances you cancel an appointment without giving at least 48 hours’ in working days prior notice, we will consider the circumstances and, at our discretion, decide whether to waive any charges.
We will always try to arrange for another client to attend to avoid you having to pay the cancellation fee. However, it is not usually possible to book another client at such short notice.
We may cancel an appointment booked by you at any time before the time and date of that appointment in the following circumstances:

The required personnel and/or required materials necessary for the provision of the Services are not available; or
An event outside of our reasonable control occurs.

If we cancel an appointment in such circumstances, we will refund you in full any advance payment that you have made to us for that appointment.
We will use all reasonable endeavours to start the appointment at the time you have booked but the start may be delayed by the overrun of a previous appointment or by other circumstances. If the start is delayed by 15 minutes or more, you may cancel the appointment and we will refund you in full any deposit or other advance payment that you have made to us for that appointment.
If we are prevented from or delayed in performing our obligations by your act or omission, or by any circumstance outside our control, we will not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

Termination

Either the Client or the Coach may terminate this Agreement at any time with 1 week's written notice. Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship.

If we terminate this Agreement, we will refund you in full any advance payment that you have made to us for any cancelled appointments. No refund will be due for any appointments already delivered.

Fees & Payment

Due to high demand and to most effectively manage our waiting list, we are unable to hold an appointment slot without payment. Payment of the Services must be made in advance to secure your appointment. If the Client arrives without payment, the session will not proceed, unless previous arrangements have been made.
You may pay us for Services by debit or credit card using the online payment option on our website to finalise your purchase.
All prices of Services shown in the price list are exclusive of VAT (which is not chargeable unless we notify you otherwise).
We may alter our prices without prior notice. Any increases made between the time when you book an appointment and the date of the appointment will not apply to your appointment on that date.
Unpaid invoices attract an administration and annual interest charge of 9% above the Bank of England base rate from the due date until the final settlement date. We may suspend the provision of our Services to you with immediate effect in the event that any due fees remain unpaid.

Coaching Disclaimer

In agreeing to coach with us, you understand, acknowledge and agree to the following:

That we are not medically qualified, do not diagnose nor cure conditions, prescribe medication or perform medical treatment, nor interfere with any treatment by a licensed medical professional. You accept that we do not provide medical or psychological advice, diagnoses, or any guarantee of results. If you are under the care of a mental health professional, it is recommended that you promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by us.
Our Services are not a substitute for medical or psychological diagnosis and treatment, and you should not disregard professional medical or psychological advice, delay in seeking it or attempt to self-treat due to any information from our Sessions.
It is recommended that you see a registered doctor or health care professional for any physical or psychological condition that you have. You voluntarily consent to participate in the coaching provided by us, however, you understand that no such practice is an exact science and no result is guaranteed. Any life choices that you make, are your own.
Please note that we do not provide legal advice of any kind whatsoever during our sessions and accordingly no reliance should be placed upon any related discussions, whether expressed, implied or otherwise. Please seek independent legal advice should you require it at any time.
You are solely responsible for creating and implementing your own physical, mental and emotional wellbeing decisions, choices, actions and results arising out of our Sessions. In order to enhance the coaching relationship, you agree to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the programme.
Nothing in this disclaimer will limit or exclude any liability that may not be limited or excluded by applicable law.

Intellectual property

We are the owner or the licensee of all Intellectual Property Rights (‘IPR’) and all other rights in the materials and content that may be used in Our Sessions. The ownership of such material or content will not be transferred to you or to any other person. You may not at any time copy, reproduce, publish in any form, share, sell or otherwise make available to a third party in any way any of the content or materials that are used in the Sessions.
You grant us a fully paid-up, worldwide, non-exclusive, royalty-free, non-transferable licence to copy and modify all materials, documents, specifications and data supplied by you (“Client’s Materials”) for the purpose of providing the Services to you in accordance with these Coaching Business Terms.
You indemnify us in full against any sums awarded by a court against us arising out of or in connection with any claim brought against us for infringement of a third party's rights (including any IPR) arising out of, or in connection with, the receipt or use of the Client’s Materials by us.

Confidentiality

Personal and/or business information discussed in our consultations and Sessions with you is of a confidential nature. We will ensure that any confidential information you disclose to us shall not be disclosed to any person except as permitted in this section. The coaching relationship, as well as all information (physical or verbal) that you share with us, is bound by the principles of confidentiality as set out in the ICF Code of Ethics.
Except as permitted below, each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, employees, customers, clients or suppliers of the other party.
Each party may disclose the other party's confidential information: to its employees, officers, representatives, subcontractors, or advisers who need to know such information for the purposes of carrying out the party's obligations under these Coaching Business Terms. Each party shall ensure that its employees, officers, representatives, subcontractors, or advisers to whom it discloses the other party's confidential information comply with this section on confidentiality.
We may disclose confidential information relating to you: (i) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority; (ii) if we believe that you are at risk of harming yourself or others, in which case we are entitled to report this to the relevant organisation. Where possible any breach of confidentiality related to the risk of harm will be discussed with you first; (iii) if the information is already in, or comes into, the public domain otherwise than through our unauthorised disclosure; or (iv) any issues that arise out of the Sessions that we may discuss with our own coach or supervisor (if any) strictly on a generalised and no-names basis only.
We engage in training and continuing education pursuing and/or maintaining ICF Credentials. That process requires the names and contact information of all Clients for possible verification by the ICF. By signing this agreement, you agree to have only your name, contact information and start and end dates of coaching shared with ICF staff members and/or other parties involved in the process for the sole and necessary purpose of verifying the coaching relationship, no personal notes will be shared.
According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and coach professional development and/or consultation purposes.
When the Services are complete, we will invite you to provide testimonials or feedback. At our discretion, we may use these testimonials and/or feedback on our website, social media or other marketing materials. Your identity will be anonymised in these testimonials unless otherwise agreed with you in writing.
We may, from time to time, use Session notes as the basis for writing case studies, content and posts that may be used on social media/websites/other places. In all cases, your name will not be included, and the case notes will be used solely for educational purposes unless otherwise agreed with you in writing.
Neither party shall use any other party’s confidential information for any purpose other than to perform our obligations under these Business Terms.
We shall ensure that any person to whom we disclose your confidential information to in this section also complies with these confidentiality obligations.

How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in our Privacy & Cookie Policy on our website at https://www.swander.io/privacypolicy.
We are registered as Data Controllers with the UK Information Commissioner’s Office (ICO) as required by the Data Protection (Charges and Information) Regulations 2018.
In respect of any personal data which you give us incidental to these Coaching Business Terms or to enable us to perform the Services, you confirm that you have all appropriate consents and notices in place to enable lawful transfer and processing of that personal data for such purposes.

Non-defamation

Each party agrees to refrain from, either directly or indirectly, making any defamatory comments of any type or nature whatsoever to anyone about the other party, and will not take any action which causes any harm to the other party’s reputation or goodwill.

Limitation of Liability

Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this contract will in all circumstances be limited to the total price paid by you for the Services in the preceding 3 month period.
Subject to the preceding paragraph, we will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Coaching Business Terms or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when a contract with you is created. We will not be responsible for any loss or damage that is not foreseeable.
We provide all Services only for your personal and private use/purposes. You are wholly responsible for all decisions, choices, actions and results during or following receipt of the Services. The following types of loss are therefore wholly excluded: Loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; wasted expenditure and loss of management time; loss of use or corruption of software, data or information; loss of or damage to goodwill; additional costs of procuring and implementing replacements for, or alternatives to, Services not provided in accordance with the Contract; losses incurred by you arising out of or in connection with any third party claim against you which has been caused by our act or omission. For these purposes, third-party claims shall include demands, fines, penalties, actions, investigations or proceedings, including those made or commenced by your regulators and customers; indirect or consequential loss.
Nothing in these Coaching Business Terms is intended to or will exclude or limit our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Coaching Business Terms is intended to or will exclude, limit, prejudice, or otherwise affect any of our duties or obligations to you, or your rights or remedies, or our liability to you, under the Consumer Rights Act 2015; the Consumer Contracts (Information and Additional Charges) Regulations 2013; the Consumer Protection Act 1987; and any other consumer protection legislation. If you are a consumer then the following will apply:
If we do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price;
If the Services are not performed in line with information that we have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if our breach concerns information about us that does not relate to the performance of the Services), you have the right to a reduction in price;
If for any reason we are required to repeat the Services in accordance with your legal rights, we will not charge you for the same and we will bear any and all costs of such repeat performance;
In cases where a price reduction applies, this may be any sum up to the full price and, where you have already made payment(s) to us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which we agree that you are entitled to the refund) and made via the same payment method originally used by you unless an alternative method is agreed by us in writing; and
In addition to your legal rights relating directly to the Services, you also have remedies if we use materials that are faulty or incorrectly described.
Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 30 calendar days from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.

Changes to these Business Terms

We may from time to time change these Business Terms without giving you notice, but we will use our reasonable endeavours to inform you as soon as is reasonably possible of any such change.

Complaints and Standards

We are committed to providing as helpful and compassionate a service as possible to meet the needs of all our clients.
We always welcome feedback from our clients and, whilst we shall use all reasonable endeavours to provide a high standard of service, care and treatment to all clients, we nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about our Services or any other complaint about us, please raise the matter with Szilvia Hock-Kovacs who can be contacted at [email protected].
If this is not possible, or should you feel you would like to take the matter further, please find more information on the ICF’s website here: https://coachingfederation.org/ethics/ethical-conduct-review-process. You can contact the ICF via the email address [email protected] to advise that you wish to make a complaint.
We are continually striving to ensure the standard of service we provide to our clients remains excellent. At the end of the coaching process, or series of coaching sessions, the client will be asked to complete a voluntary feedback form.

General

We reserve the right, at any time, to withdraw our Services. In such circumstances, any advance payments will be refunded for any Services not provided.
We will not undertake any procedure that is in conflict with any law in force, any voluntary or mandatory code or practice, or any similar rules, regulations or codes.
Appointment times or other queries can be clarified by contacting Szilvia Hock-Kovacs via email at [email protected].
If you need to contact us between appointments please do so by email. We aim to respond to emails within 2 working days.
We are required to ensure that certain information is given or made available to you as a consumer before we make our contract with you, except where that information is already apparent. We have included the information itself in these Coaching Business Terms or we will make it available to you before we accept a booking from you. All of that information will be part of the terms of our contract with you.
If you have any questions regarding these Coaching Business Terms, please do not hesitate to discuss them with us, either in a session or by contacting us via e-mail at [email protected].

No Waiver

No failure or delay by us or you in exercising any rights under these Coaching Business Terms means that we or you waived any right, and no waiver by us or you of a breach of any provision of these Coaching Business Terms means that we or you will waive any subsequent breach of the same or any other provision.

Severance

If any provision of these Coaching Business Terms is held by any competent authority to be invalid or unenforceable, in whole or in part, the validity of the other provisions of these Coaching Business Terms and the remainder of the provision in question shall not be affected.

Governing law and jurisdiction

These Coaching Business Terms are subject to the laws of England & Wales and the jurisdiction of the English Courts.
As a consumer, you will benefit from any mandatory provisions of the law in your country of residency.

By accepting these terms, you explicitly consent to the following:

Consent for us to record and process the personal and sensitive data (in particular any health conditions) you choose to provide to us in accordance with our Privacy Policy.

Consent for us to share your personal and sensitive data with third parties for the purposes of carrying out our services (such as third-party suppliers that assist with our practice management – see Privacy Policy for more information).

Consent for us to transfer your personal and sensitive data outside of the EEA (in line with our Privacy Policy).

Please accept these terms by clicking the tick box before purchasing our services and confirm that you have read, understood and accepted these Coaching Business Terms.

Thank you for reviewing and accepting these Business Terms.

Swander

Coaching Business Terms

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