Terms and Conditions

 1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply services to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

2. Information about us and how to contact us 

2.1 Who we are. We are Bright Sky HR Limited a company registered in England and Wales. Our company registration number is 10118747 and our registered office is at 2A The Quadrant, Epsom, Surrey, KT17 4RH. We are not VAT registered.

2.2 How to contact us. You can contact us by telephoning 0330 223 2761 or by writing to us at fay@brightskycareercoaching.co.uk.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you 

3.1 How we will accept your order. Once you have accepted our terms and conditions you will be able to place an order with us.

3.2 If we cannot accept your order. Once your order has been received, if we are unable to accept your order, we will inform you of this and will not charge you for the service. This might be because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the services.

3.4 Where we sell. Our services are designed for those based in the UK and are based on UK laws, regulations and customs. However, if you wish to purchase the services from abroad you can do so. Depending on where you are based and what services you are purchasing, this might affect availability. Please contact us before purchasing if you have any questions.

4. Our services

4.1 Our services. Our services cover the following areas;

1. Career coaching including but not limited to interview skills, job searching, career changes, professional development;
2. Outplacement support;
3. Executive coaching.

These are the general areas that we cover. When you book your service with us, we will agree in writing with you the details of the service that will be provided. The services will be provided on the basis of the information you provide to us. You will ensure you provide information that is accurate and up to date. If any information is inaccurate or incomplete this may affect the services provided.

4.2 Our guarantee. We will ensure that we provide the services with reasonable care and skill. However, we can make no guarantee in respect of any particular outcome you require. Furthermore, if you do not provide us with the correct information or fail to provide relevant information, we can make no guarantees in respect of the services performed.

5. Your rights to make changes 

If you wish to make a change to the services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8 – Your rights to end the contract).

6. Our rights to make changes 

6.1 Minor changes to the services. We may change the services:

(a)  to reflect changes in relevant laws and regulatory requirements; and

(b)  to implement minor technical adjustments and improvements, for example, to address a security threat. These changes are unlikely to have any impact on you.

6.2 More significant changes to the services and these terms. If we need to make a significant change to the terms we will contact you and seek your agreement before doing so. If you do not agree to the changes, we will cancel the contract and return any monies paid for services not yet performed.

7. Providing the products

7.1 When we will provide the service. During the order process, you can book your first appointment with us.   Any future bookings can be booked by email or using the online booking system. If you have purchased a package of services, it is your responsibility to ensure that you book all appointments offered within that package. If you do not book all appointments within 3 months of the first booking you may still be charged for the services.

7.2 Re-arranging the services. If for any reason you cannot attend a pre-arranged appointment, you will provide us with at least 48 hours’ notice and will re-book within 5 working days. You will not be charged any additional fees for this. If you give less than 48 hours’ notice and/or do not attend a pre-arranged appointment, you will be charged the full fee and will have to pay an additional fee if you wish to book a further appointment, unless there are exceptional circumstances. If we need to postpone a pre-arranged appointment we will provide you with as much notice as is reasonable practicable and re-arrange the appointment for you.

7.3 We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.

7.4 Reasons we may suspend the supply of services to you. Any suspension of services will be notified to you and will be for as short a period as reasonably practicable. We may have to suspend the supply of a service to:

(a) deal with technical problems or make minor technical changes;

(b) update the services to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the services as requested by you or notified by us to you (see Clause 6).

7.5 Your rights if we cannot complete the services within timeframes. If you have any deadlines when the services need to be completed by then you will let us know at the time you make your order of any deadlines. If you do not inform us of any deadlines, we will be held responsible if the services are not completed by those deadlines. As soon as the order is received we will let you know if we cannot meet any deadlines and return any fees paid if we cannot. If you become aware of any deadlines whilst the services are being provided you will let us know immediately. If we are unable to meet any deadlines we will instruct another company to complete the services for you on our behalf. For the avoidance of doubt, you will not be responsible for any additional fees where we do instruct another company. If you do not wish to use another company and we cannot complete the work, we will provide a refund for any services not completed.

8. Your rights to end the contract 

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a)  If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 11;

(b)  If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;

(c)  If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

(d)  In all other cases (if we are not at fault and there is no right to change your mind), Clause 8.7.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the services or these terms which you do not agree to (see Clause 6.2);

(b) we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;

(c) there is a risk that the supply of the products may be significantly delayed because of events outside our control;

(d) we are not able to complete the services by any set deadlines and you are not happy for us to engage another company to complete the services on our behalf; or

(e) you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.5 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of services, once completed, even if the cancellation period is still running.

8.6 How long do I have to change my mind? If you have purchased services you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

8.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

9. How to end the contract with us (including if you have changed your mind) 

9.1 Tell us you want to end the contract. To end the contract with us, please let us know using the contact details above. Schedule 1 is a model form you may wish to use.

9.2 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then we will make the refund within 14 days.

10. Our rights to end the contract 

10.1 We may end the contract if you break it. We may end the contract for a product 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 14 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 services, for example, your current CV;

(c) you fail to attend a booked appointment and you do not notify us within 5 working day to re-arrange the appointment for you.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3  We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

11. If there is a problem with the services 

11.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us on the details provided above. We will try to resolve the issues with you internally.

11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is services, for example CV writing, the Consumer Rights Act 2015 says: a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill or get some money back if we can’t fix it. b) If you haven’t agreed on a price beforehand, what you’re asked to pay must be reasonable. c) If you haven’t agreed on a time beforehand, it must be carried out within a reasonable time. See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

12. Price and payment

12.1 Where to find the price for the services. The price of the product will be the price indicated on the order pages when you placed your order, or that has been provided to you via email. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 12.2 for what happens if we discover an error in the price of the services you order.

12.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, and refund you any sums you have paid.

12.3 When you must pay and how you must pay. We accept payment online when you order your services. You must pay for your services in full when you order online.

12.4 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 1% a year above the base lending rate of 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.

12.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

13. Our responsibility for loss or damage suffered by you 

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care under the Consumer Protection Act 1987.

13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. How we may use your personal information 

14.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

15. Other important terms 

15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.

15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

The Schedule 1

 

Model cancellation form

 

(Complete and return this form only if you wish to withdraw from the contract)

To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate