Terms & Conditions

Terms and Conditions for the Booking and Provision of Courses and Consultation Sessions with Nicki Kennedy Voiceworks

We are Nicki Kennedy Voiceworks, a Jersey company located at La Valette Bungalow, Le Chemin des Maltieres, Grouville, Jersey JE3 9EB (“we”, “us”, “our”). We can be contacted on: email nicki@nkvoiceworks.com and on telephone number +44 (0) 770 0745286

Please read these terms and conditions carefully before making any bookings for any courses or consultation sessions (“Bookings”) with us. When making Bookings you agree to be bound by the following terms and conditions. Please print a copy for your reference as these are the terms and conditions upon which we will supply the Bookings to you.

We have a right to revise and amend these terms and conditions as appropriate at our sole discretion.

1. CONTRACT FORMATION

1.a When you make Bookings online or through an email or a telephone conversation, your Bookings constitute a request to commence a particular course or consultation with a specified commencement date.

1.b The contract between us will form when we send you a confirmation acceptance email of your Bookings (“Confirmation Email”).

1.c Acceptance will be complete at the point at which we send the Confirmation Email to you and it is at this point that a contract comes in to force between us, on the basis of these terms and conditions.

1.d We recognise that a mere request for information does not constitute an intention to enter into a legally binding contract and the above clauses only apply to purchases and clear requests to book a course.

2. CANCELLATION OF BOOKINGS

2.a You are entitled to a cooling off period of seven business days and may cancel Bookings at any time up to the end of the seventh working day from the date on which you receive the Confirmation Email.

2.b Provided notice is sent by email to nicki@nkvoiceworks.com within that seven-day period, we will make a full refund of any monies paid in advance or due as a result of your Bookings, already paid.

2.c In all other cases cancellations are non-refundable beyond the cooling off period. If we receive notice you wish to terminate Bookings after the cooling off period of seven days, the contract will end immediately and we will not refund any monies paid in advance or due as a result of your Bookings already paid, unless we offer a gesture of goodwill (which we retain the right to do in our sole discretion and are not obliged to do so).

2.d If for any reason we cancel Bookings then the fee paid by you in advance, shall be refunded in full and no further liability shall attach to us in respect of such cancellation. If part of the Booking has been delivered by us then you shall pay for that proportion of the Booking.

2.e We will use reasonable efforts to provide the Bookings on the agreed date. If for any reason we need to change this due to circumstances beyond our reasonable control then we shall endeavour to re-arrange the course.

2.f If you wish to make a change to the Bookings you have ordered, please contact us. We will let you know if the change is possible. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract but again, any monies paid in advance or due as a result of Bookings will be retained by us in full/remain due and payable (as applicable) unless we expressly confirm otherwise.

3. PRICING AND AVAILABILITY

3.a Please be aware that content on our website is for illustrative purposes only. Your experience may vary slightly from those details displayed on our website and we shall have no liability whatsoever for such discrepancies.

3.b If you do not pay us for the Bookings when you are supposed to and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the Bookings until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Bookings. As well as suspending the Bookings we can also charge you interest on your overdue payments (see 6.e).

4. LIABILITY

4.a We do not exclude or limit in any way liability for death or personal injury, which is unlawful to exclude or limit at law.

4.b Our liability for other acts or defaults whether by themselves, their employees or, agents whether in contract, tort (including negligence) misrepresentation (unless fraudulent) or other legal liability is limited to foreseeable loss and damage caused by us or any of our representatives (as set out above) but we are not responsible for any loss or damage that is not foreseeable:

4.b.i For physical loss or damage to property: the amount per claim which we are insured for under our public liability policy(s)

4.b.ii For all other liability: the amount of the course fee paid.

4.c Under no circumstances whatsoever shall any liability accrue for:

4.c.i Any loss of profits or revenue, loss of goodwill, business-related losses, business interruption, loss of business opportunity or third parties’ liability or

4.c.ii Loss incurred for reasons beyond our control, which include but are not limited to, inclement weather, strikes, flood, fire, course leader illness or injury or accident. This includes, but is not limited to, travel expenses, flight costs and hotel costs incurred through making a Booking which is later cancelled due to reasons beyond our control.

5. OUR RIGHTS TO END THE CONTRACT

5.a We may end the contract if you break it. We may end the contract for Bookings at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Bookings.

5.b You must compensate us if you break the contract. If we end the contract in the situations set out in clause

5.c We will refund any money you have paid in advance for Bookings we have not provided but we may deduct or charge you reasonable compensation (including retaining in full any prepayments or deposits made) for the net costs we will incur as a result of your breaking the contract.

6. PRICES AND FEES

6.a The price of the Bookings which include any and all taxes will be the price indicated when you placed your order.

6.b We accept payment by Pay Pal or card machine as well as by bank transfer.

6.c For all Bookings you must make an advance payment of 100% of the price of the Bookings, before we start providing them unless we agree otherwise with you.

6.d We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. 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.

7. COPYRIGHT

7.a All materials supplied by us are our copyright or other intellectual property respectively and/or third parties where relevant.

7.b Reproduction of any kind is not permitted without our express written consent or that of the relevant third parties.

8. NON-ATTENDANCE

8a Course fees are not refundable where you fail to attend. A credit note may be issued at our sole discretion.

9. FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war or fire and the party shall be entitled to a reasonable extension of its obligations.

10. DATE PROTECTION AND CONFIDENTIALITY

8.1 Information disclosed by you will be kept confidential and shared only with relevant staff providing the Bookings as agreed.

8.2 All information retained by us will be processed strictly in accordance with the provisions of the Data Protection (Jersey) Law 2018 and its successors. Such information shall be held solely for the purposes of fulfilling the contract.

8.3 We will not transmit any personal data held on behalf of you except where a) The transfer is a necessary part of the work undertaken to fulfil the contract or b) There is a requirement to do so by operation of the law. For example, if there is a situation where concerns are raised regarding your safety and well-being, or for the person for whom the service is provided.

11. GOVERNING LAW

This Agreement shall be governed by Jersey law and the parties submit to the exclusive jurisdiction of the Jersey courts.