BY BOOKING A BRAND IMMERSION DAY YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
PROVISION OF SERVICES
This service is offered by Andreea Bucur - trading as Teastyle -(The Consultant) on an ad-hoc basis to professional individuals. This service is limited to the 7-hours scheduled through the Calendly system on this web page.
The provision of this service is conditional on The Client
booking the 7-hour session through the Calendly automated system available on this web page,
paying in full the fee of 1800.00 GBP (Great British Pounds), through the booking system (Stripe Payment Gateway), and
submitting the completed online questionnaire provided after the payment gateway, within 10 days of the booked session.
The service is offered on a limited and exclusive basis. A session may be booked only by invitation from The Consultant, after enquiring for availability.
The Consultant retains the right to refuse the provision of this service to anyone, at any time.
The Client will need to provide all the links and documents as requested by the Consultant, to allow them to conduct the review prior to the call. Such links and documents will be requested via the online questionnaire.
If the Client needs to discuss updates or topics that were not covered in the booked session they may do so by booking a 45-minute follow-up session.
For the session to take place The Client will need to complete the given questionnaire in as much detail as possible and submit it at least 10 calendar days prior to the date of the booked session.
After the session the Consultant will provide the Client with a recording of the session - unless the session takes place in person and a PDF document summarising the recommendations made in the call. These will be provided within 6 business days after the call date.
A. Guarantee:
Pricing reflected on the booking page is guaranteed for 30 calendar days. If the Terms are changed or updated, or pricing changes after such 30 calendar day period, and the Client requests a delay/reschedule of the originally booked session, then the Client will need to pay the difference between the new price and the old price (as booked originally) to retain the services of The Consultant. A separate payment gateway will be emailed to the Client 5 calendar days prior to the new scheduled date.
B. Scope:
The scope of Services to be performed are for the limited purpose of professional business coaching and creative direction services to the Client by The Consultant through individual virtual meetings to be conducted via Zoom - or inperson if agreed in advance, as specifically defined on the booking page and at the start of these Terms & Conditions. The Consultant will provide coaching Services during the one-on-one Zoom/in person meeting, and will provide a recording of the Zoom meeting, when applicable, and any relevant notes, as applicable. Anything not expressly written and included in the Services outlined at the top of these terms is not included.
The above Services cannot be exchanged, subtracted from, downgraded, or “swapped out” for any alternate services, but may be added onto on an itemized basis for additional services above and beyond those initially booked. Client will not receive a refund under any circumstance for unused and/or unwanted services.
C. Out Of Scope:
The Consultant maintains the right to decline any work not detailed in these Terms & Conditions. The Consultant does not promise any particular outcome, and relies entirely on Client’s disclosure of information, timeliness, and full cooperation as well as abiding by all policies and procedures as set forth in these Terms & Conditions. The Services are offerred as guidance only and The Client retains all responsibility for undertaking discussed action steps and any outcomes derived from following such guidance.
CANCELLATIONS RESCHEDULING & DELAYS
The Consultant understands that due to unforeseen circumstances, cancellations or requests to reschedule may need to be made. The Client may reschedule up to two times. All requests for a reschedule should be made at designstudio@teastyle.co.uk for a different scheduling link to be provided.
If The Client requests to reschedule before the date of the session, an alternative suitable slot will be offerred at no extra cost. Should The Client request to reschedule on the same day of the originally booked session, a 20% surcharge, of the total fee paid, will be charged. Failure to pay this surcharge will result in cancelation and no refund of the original fee.
If The Consultant needs to reschedule the session, a written notification will be sent to the client along with a link to reschedule. No surcharge will be applied to calls rescheduled by The Consultant.
If The Client requests to cancel the session, a written notification with a valid reason for cancellation at designstudio@teastyle.co.uk should be sent as soon as possible. Please, kindly provide a valid reason for cancellation.
A refund in case of cancellation is conditional on the following:
90% refund will be issued if a valid reason is provided in writing, at least 8 business days in advance of the scheduled call - the 10% retained is to cover Stripe charges for the original transaction and loss of business for the date given that this type of session must be booked more than 12 days in advance)
50% refund will be issued if a valid reason is provided in writing, between 7-4 business days in advance of the scheduled call.
NO REFUND will be issued if the session is cancelled within 3 business days of the session, on the day booked, or without a valid reason.
The Consultant retains the right to decide what is an appropriate reason for cancellation.
If The Consultant needs to cancel the session due to illness, emergency, fire, casualty, strike, act of God, or other causes beyond their control, and a new session cannot be rescheduled,
a 95% refund will be issued if cancellation is made at least 8 business days before the session. The 5% retained is to cover Stripe charges for the original transaction.
a 75% refund will be issued if cancellation is made less than 8 business days before the session. The 25% retained is to cover Stripe charges for the original transaction and any review work completed in advance. The Consultant will do their best to provide The Client with a document with any notes made during the initial review. However this is at the discretion of the Consultant and is dependent on their ability to complete such a task. A timeline of completion will be provided dependent on the reason for cancellation and ability to complete the task.
If The Consultant needs to cancel the session before or during the call, for the following reasons:
conflicting opinions between The Consultant and The Client (business or non-business related), resulting in a protracted conversation with no consensus reached, or
derogatory comments about The Consultant and The Service, in writing or verbal, or
other behaviours, as outlined in the "Harassment and Safety" section of these Terms, exhibited by the Client, before, during or after the session, NO REFUND WILL BE ISSUED.
NO REFUND WILL BE ISSUED AFTER THE SESSION HAS TAKEN PLACE.
Any applicable refunds will be issued within 10 business days from the cancellation date.
All non-refundable payments will be retained by the Consultant as liquidated damages, as the Consultant will dedicate the time to review all information provided in advance, prepare for the session and work with the Client during the session, and will therefore need to turn away other opportunities in expectation of providing the Services.
Failure to show up in time to the session, where the delay is greater than 20 minutes, will result in forfeiting that time from the total time allocated.
RESPONSIBILITIES + EXPECTATIONS
A. Cooperation:
The Client and Consultant agree to positive cooperation and communication for the best possible result. Parties agree to the below duties, responsibilities, and expectations herein, and Client understands their disclosure of information, timeliness, and full cooperation as well as abiding by all policies and procedures is essential to maximizing results.
B. Expectations:
To ensure the Consultant and the Client are on the same page, the following expectations
1. The Cosultant expects the following from the Client:
● Ask for what you need
● Claim responsibility for your success
● Participate and engage fully in the material
● Co-create the coaching experience by participating fully
● Provide honest feedback when prompted (and at the Client’s own discretion)
● Keep an open mind, honesty, trust, clear communication during and between meetings
● Complete all questionnaires and provide all links/documents requested for review in a timely manner
● Complete any booked meetings as scheduled
● Complete tasks as agreed in the meetings
2. The Client may expect the following from the Consultant:
● The Services performed by the Consultant will be performed in a professional and workmanlike manner;
● The Consultant will complete all ongoing meetings as scheduled
● The Consultant will guide the meetings and set the Client up for success
● The Consultant will respond to your questions to thei best ability and knowledge and will provide any resources available to them to support you in your progression
● The Consultant will stretch you to perform at a higher level and push yourself
C. Record Retention:
Following the conclusion of this Agreement and Services, the Consultant will maintain Client’s communications, documents, information, notes, and records for a period of 6 year[s]. It is the Client’s responsibility to secure all information and data within that time period.
RIGHTS
A. Confidential Information:
Each party acknowledges that in connection with these Terms it may receive, disclose or provide access to certain confidential or proprietary technical and business information and materials of the other party, including but not limited to information relating to business plans, products, product samples, costs, sources, strategies, inventions, procedures, literature, technical advice or knowledge, contractual agreements, pricing, price lists, product specifications, trade secrets, procedures, distribution methods, inventories, marketing strategies and interests, designs, drawings, work sheets, concepts, samples, inventions, manufacturing processes, computer programs and systems (“Confidential Information”). Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations by providing Services, except as may be required by a court or governmental authority. All Confidential Information shall remain the property of the Disclosing Party.
The Consultant may own, possess, and/or control certain trade secrets, copyright and other proprietary and confidential information acquired through the expenditure of time, effort, and money. Client agrees to use all best efforts to protect Consultant’s interest in the Confidential Information and keep it strictly confidential. This includes a covenant to not directly or indirectly disclose, allow access to, transmit, or transfer the Confidential Information to any third party, including but not limited to online forums, social media, blog posts, and any other medium without the Consultant's prior written consent.
Further, the Consultant will keep all Client’s disclosed information private, and will not share the Client’s information to any third party, unless compelled to by law.
B. Ownership of Original Work Products:
The copyright for all products, courses, journals, instructions, or deliverables created hereunder for Client, or for which access is provided to Client, shall belong to the Consultant. All intellectual property rights in all pre-existing works and derivative works of such pre-existing works and other deliverables and developments made, conceived, created, discovered, invented or reduced to practice in the performance of the Services hereunder are and shall remain the sole and absolute property of the Consultant. These Terms do not grant Client any license to sell or distribute any of the Consultant’s products, which must be separately licensed.
Client agrees not to infringe on any copyright, patent, trademark, trade secret, or any other intellectual property rights of Consultant. If Client violates or displays a likelihood of violating any portion of this Agreement, Consultant will be entitled to injunctive relief to prohibit any such violations and protect against harm of such violations. Should such violation occur, the Consultant will automatically be entitled to monetary damages in the sum of £1000 per occurrence and per work product.
All proprietary information and work products derived under this relationship for the Client or created and developed for the Client will be the exclusive property of the Party to whom the information originally belonged. There shall be no transfer of intellectual property under this Agreement. All copyrights, trademarks, patents, and original ideas shall stay with the original party owner.
C. Non-Solicitation.
The Client acknowledges that by engaging in Services with the Consultant, the Client will potentially obtain access to the Consultant’s clients, client lists, business plan, business model, and other sources of confidential information. The Client agrees and acknowledges that such confidential information is important to the business of the Consultant and will not misappropriate any knowledge gained during the term of engagement for the Client’s own commercial or other purposes. The Client agrees that during the entire term of the relationship, and for a period of one calendar year from the conclusion of the assignment, the Client will abide by the following provisions:
1. Client will not solicit or attempt to solicit any business from an active client of the Consultant for the same Services or purposes of this Agreement.
2. Client will not disrupt, impair, interfere, or hinder the business of the Consultant in any manner, including, but not limited to, soliciting, inducing, or attempting to solicit or induce any employee, vendor, client or business from severing their relationship with the Consultant.
D. Release:
The Consultant shall be permitted to use Client’s information, such as name, business name, and positive remarks, testimonials, or other verbiage, in Consultant’s professional portfolio and for marketing and advertising purposes. The Client may provide imagery or specific verbiage to the Consultant for these purposes and irrevocably authorizes the Consultant to utilize their information for such purposes in the Consultant’s sole discretion. The Consultant will pursue express written permission for screenshots and sharing of other confidential information prior to sharing Client’s name, likeness, or identifying details. All non-identifying information may be utilized by the Consultant for marketing and advertising purposes without express written permission.
By providing any express written consent and/or express imagery and verbiage to the Consultant for advertising purposes, the Client waives any right to inspect, approve, or withdraw the finished product wherein their likeness or testimonial appears. Client hereby holds harmless and releases Consultant from all claims, demands and causes of action by reason of this authorization.
E. Harassment and Safety:
Consultant has a zero tolerance policy with regards to abusive, demeaning, condescending and/or manipulative behavior of any kind to include, but not limited to: verbal, mental, physical or emotional distress. The Consultant has the right to immediately terminate all services if the Client is acting inappropriately towards the Consultant or any of its agents, or exhibiting threatening, hostile, or offensive behavior, verbal abuse, or in the event that the safety of any member of the Consultant's business is in question. If the Services are terminated early, all monies paid shall be retained by the Consultant, and the Consultant will be released and held harmless as a result of incomplete services. The Client also hereby waives any rights it had under this contract should it be found to have breached this policy.
F. No Transfer:
Client cannot transfer, assign or novate this contract to anyone else without the Consultant’s advance permission in writing, which the Consultant may choose to give subject to additional conditions.
G. Staff:
Consultant is free to assign and appoint any associate coaches, assistants, interns, and other reasonably necessary staff of Consultant at their discretion in completing Services.
H. Relationship:
In providing the Services under this Agreement it is expressly agreed that the Consultant is acting as an independent contractor and not as an employee. The Consultant and the Client acknowledge that this contract does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, state or national tax, unemployment compensation, workers’ compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Consultant. The Consultant is responsible for paying, and complying with reporting requirements for, all local and national taxes related to payments made to the Consultant under these Terms.
I. Non-Exclusivity:
The Consultant may engage with providing Services and coaching to other similar entrepreneurs and businesses in any and all industries. The Consultant is not exclusive to the Client or the Client’s industry, which does not place the Consultant in a direct conflict of interest with the Client. The Client hereby explicitly agrees the Consultant may be engaged with direct competitors of the Client, and Consultant will continue to safeguard confidentiality and confidence of Client’s business.
NON-GUARANTEE
The Services to be performed hereunder are business coaching and consulting, leadership skills and training, design and aesthetic guidance, and personal development coaching. The Consultant does not warrant in any form any certain or specific earnings, results, success, or achievements in relation to the Services provided. The Consultant warrants the Services will be performed in a professional and workmanlike manner in accordance with the generally accepted industry standards and practices. The Consultant shall comply with all statutes, ordinances, regulations and laws of all international, national, county, or local governments applicable to performing the Services described herein.
Client agrees and understands the Consultant is not providing the professional services of an attorney, accountant, financial planner, therapist or any other kind of licensed or certified professional. Should Client desire professional services that exceed the scope of this contract, Client will be directed to the appropriate service provider. No legal, financial, accounting, or other kind of professional advice will be given.
INDEMNIFICATION
Each party (the “Indemnifying Party”) agrees to indemnify, defend and hold the other party and its affiliates and their respective officers, directors, employees and agents harmless from and against all third-party claims, losses, liabilities, damages, expenses and costs, including attorney’s fees and court costs, arising out of the Indemnifying Party’s (i) negligence or willful misconduct or (ii) its material breach of any of these Terms. The Indemnifying Party’s liability under this Section shall be reduced proportionally to the extent that any act or omission of the other Party, or its employees or agents, contributed to such liability. The party seeking indemnification shall provide the Indemnifying Party with prompt written notice of any claim and give complete control of the defense and settlement of the Indemnifying Party, and shall cooperate with the Indemnifying Party, its insurance Consultant and its legal counsel in its defense of such claim(s). This indemnity shall not cover any claim in which there is a failure to give the Indemnifying Party prompt notice to the extent such lack of notice prejudices the defense of the claim.
LIMIT OF LIABILITY
Except for the Parties’ Confidentiality obligations of these Terms & Conditions and Indemnification obligations these Terms & Conditions, in no event shall either Party be liable under these Terms & Conditions to the other Party for any incidental, consequential, indirect, statutory, special, exemplary or punitive damages, including but not limited to lost profits, loss of use, loss of time, inconvenience, lost business opportunities, damage to goodwill or reputation, and costs of cover, regardless of whether such liability is based on breach of contract, tort, strict liability or otherwise, and even if advised of the possibility of such damages or such damages could have been reasonably foreseen. Subject to the Client’s obligation to pay the Fees to the Consultant, each Party’s entire aggregate liability for any claims relating to the Services or these Terms & Conditions shall not exceed the fees paid or payable by the Client to the Consultant under these Terms & Conditions in the twelve (12) month period immediately preceding the events giving rise to such liability. This section shall survive the termination of these Terms & Conditions.
FORCE MAJEURE
Each of the following shall be defined as a “Force Majeure Event”: (a) acts of God; (b) casualty or natural disasters (including, without limitation, fire, earthquake, explosions, hurricane, flooding, storms, blizzards, infestations, epidemic, or pandemic); (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrection, or other civil unrest; (d) government order, law, or act (or failure to act); (e) actions, embargoes, or blockades in effect on or after the date of these Terms & Conditions; (f) national or regional emergency; (g) strikes, lockouts, labor disputes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; (i) personal incidents such as accident, death in the family, illness, medical or health condition, or sudden tragic circumstances; or (j) any other reason not within the reasonable control of the party delayed in performing (whether similar or dissimilar to the foregoing events).
If either party shall be prevented from performing underthese Terms & Conditions by reason of a Force Majeure Event, then such non-performing party shall not be in default under or in breach of this Agreement as a result. The non-performing party shall give notice of its inability to perform to the other party within five (5) days after the Force Majeure Event, though performance shall still be excused even if notice isn’t given. The non-performing party shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event, and the non-performing party shall resume the performance of its obligations as soon as reasonably practicable after the end of the Force Majeure Event. The provisions of this Section shall not operate to excuse timely payment under these Terms & Conditions.
GOVERNING LAW
These terms and any dispute arising from them shall be governed by the laws of England and Wales.
