Terms and Conditions

Fundamental Life

TERMS AND CONDITIONS OF BUSINESS

These terms set out the conditions which the ‘Client’ (any person or persons acting on behalf of
themselves or any organisation and interacting with Fundamental Life Ltd for the delivery and
purchase of services and or goods) and Fundamental Life Ltd referred to hereafter as ‘Fundamental
Life’, agree to be bound in relation to this contract. 

1. Contracts and charges: Client’s instructions, whether verbal or written, are always acknowledged by
Fundamental Life in writing; normally by email. The acknowledgement and terms and conditions of
business then form the basis on which the contract is to be delivered. Every effort is made to ensure
that information is correct; it is the purchaser’s responsibility to check to ensure that dates, costs and
other details are correct.

2. Payment terms: Payment in full with order when the project starts within 4 weeks or where the
project value is less than £10,000. Otherwise a booking fee of 50% of the contract fees is due with
order and the final 50% paid 4 weeks prior to delivery. Late payments are subject to a 0.50% surcharge
for each week overdue.

3. Cancellation: When a booking is made the dates are exclusively reserved for the client. When dates
are cancelled, and unless the consultant or trainer can be reassigned to an equivalent project or
programme, the following fees apply. More than eight weeks’ notice – no charge other than time and
costs incurred to date, plus any none recoverable pre-paid travel and accommodation. Less than eight
weeks’ notice – 50% of fees payable plus pre-paid travel and accommodation Less than four weeks
notice 100% of fees payable plus pre-paid travel and accommodation.

4. Bad Weather Conditions When a client reasonably cancels a course due to bad weather conditions
or any of the circumstances described in clause 12 and our consultant/trainers are available to fulfil
the contract we only charge half of the cancellation fee that would normally be incurred. When bad
weather or the risk of other such circumstance is high and a client cancels prior to the
consultant/trainer leaving home to travel to the venue we will not charge any cancellation or
rebooking fee providing that the booking is reinstated within 13 weeks of the original date. We do
require clients to reimburse the cost of any pre-purchased travel tickets or hotel reservations in these
cases. For the avoidance of doubt no cancellation fee shall be payable in respect of any cancellation or
postponement requested by Fundamental Life or its consultant or trainer.

5. Copyright: All written or published material by Fundamental Life, whether or not originated or
customised for the purpose of a specific project, remains Fundamental Life’s copyright until otherwise
assigned. Clients are required not to copy or use Fundamental Life’s material in any way without prior
written agreement.

6. Professional liability: Consultancy and training are provided with reasonable skill and care, in good
faith, and are developed and dispensed with the intention of achieving the objectives of the client.
Fundamental Life cannot be held liable for any loss, damage or any actions or activities, or the
consequences of such actions or activities, resulting from any consultancy or training provided.

7. Value Added Tax (VAT) VAT will be added to all taxable supplies at the current rate where
applicable. 

8. Costs and expenses recharged: Postage, packing and carriage of course workbooks, equipment,
props and materials; accommodation, subsistence allowance and travel expenses are recharged as
incurred based on standard public transport costs or mileage at 49p per mile. Trainer or Consultant’s
travel distance over 60 miles or 3 hours total travel time in a day to/from work location £25 per day
subsistence allowance is payable. Accommodation costs will be charged at cost where overnight stop
overs or early starts are necessary and will be discussed with client prior to agreement on contract.

9. Venue & equipment:
Our quotation is based on you providing a suitable venue equipped with digital projector/screen, and
flipchart/white board(s) as required the training consultant will use their own computer where
required. If required, venue and equipment can be hired through Fundamental Life by separate
contract. Please see ‘Pre-Session Requisites Agreement’ for full Fundamental Life requirements.

10. Non-solicitation: By accepting this contract each party agrees, during the term of this contract and
for a period of one (1) year thereafter, not to solicit for employment nor employ, either directly or
indirectly, whether as an independent contractor, consultant, employee or otherwise, any individual
who is or was, during the term, an associate, contractor or employee of the other party who was
engaged in the provision or receipt of services pursuant to this contract except by way of a general
advertisement open to all comers.

11. Privacy We treat your privacy seriously and are properly and comply with GDPR Legislation. We will
only hold information for the minimum period necessary and will not disclose information about you
to third parties without your permission. See our Data Privacy Statement (Link)

12. Our Liability to You
We are not responsible in the event that we cannot provide the contracted services to you due to an
event beyond our reasonable control, which includes (but is not limited to) fire, flood, storm, strikes or
other industrial action, failure of telecommunications services, war, riot, the actions of any
government or public body or the unexpected sickness or accident of the training consultant(s). When
services are prevented or delayed by such an event, we will take all reasonable steps to reinstate their
provision as soon as is reasonably practicable. We shall not, however, be responsible to you for any
costs you have incurred, or any indirect or consequential loss that you may suffer including (but not
limited to) loss of profit, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill
that you may suffer. Should contingency plans be required then Fundamental Life will make suitable
prior arrangements by separate contract or amendment to this. 

13. Jurisdiction
All supply contracts are governed by and shall be construed in accordance with the laws of England
and the courts of England shall have exclusive jurisdiction in respect of any dispute that may arise
under them.