Terms and Conditions of Sale of Services
This policy was last modified on 06.11.2017.
Application and entire agreement
- These Terms and Conditions apply to the provision of the services detailed on our websites or in our marketing material (Services) by Frekja Consulting ltd. a company registered in England and Wales under number 10956239, VAT registration number 278 8345 49, whose registered office is at Plaza Building, 102 Lee High Road, Lewisham, London, England, SE13 5PT and whose trading address is at Flat 1/1, 51 Clouston Street, Glasgow, G20 8QP with email address Cathrin.Kolb@frekja.com (we or us) to the person buying the services (you).
- You acknowledge that you have not relied on any statement, promise or representation made by us or given on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.
- The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
- Words imparting the singular number shall include the plural and vice-versa.
- The Services we are providing are the services as set out on the Websites, brochures or other form of advertisement: Online-Courses (i.e. digital content), delivered via an online training platform (Thinkific), consisting of e.g. videos, audios, online learning material, downloadable checklists and worksheets and lesson pages. Blended Learning Training and Coaching Programmes based on and using as a delivery mechanism the material in the Online-Courses, handbooks, manuals, emails, shared drives, communication platforms and online meeting systems. No tangible products (goods) will be provided. The courses and programmes are marketed and sold via the websites (https://projectsponsorguide.com, http://english.frekja.com/ , http://frekja.com and any subdomains and by integration Thinkific’s platform under https://project-sponsor-guide.thinkific.com/) and the price is clearly stated in the Sales Pages or marketing materials (quotation).
- We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
- You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
- If you do not comply with clause 10, we can terminate the Services.
- We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
- The price for the Online-Courses and Training and Coaching Programmes is clearly stated in the materials and is inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Delivery and Access to the digital content
- Access to the Course Platform will be available immediately upon processing of payment. You will create your own login details – keep these to hand.
- With purchasing an Online-Course or Training and Coaching Programme you purchase access to the Course Platform and the relevant training materials for 12 months. Some of the learning materials and resources are downloadable (e.g. checklists, manuals, worksheets) so you can download them and store them in line with the Intellectual Property clause.
- You will pay the fees for Online-Courses or Training and Coaching Programmes that you purchase by submitting your credit card details via the integrated payment provider and the payment provider can take payment immediately.
- All payments are made to Frekja Consulting ltd. and the name on the statement will appear as: Frekja Consulting Ltd.
- All payments are collected in British Pounds. If you are located outside the UK, the payment provider will handle the foreign currency conversion.
- Different forms of payment (e.g. via bank transfer upon issuing an invoice) can be arranged upon request e.g. for a larger number of Course Participants. Please contact us for details.
- A payment receipt will be issued to you automatically upon payment.
- Upon payment you will receive two emails from the Thinkific Course Platform:
- A Site Welcome Email when your account is created with the login link and your login name. You select your own password – keep it safe.
- A Course Welcome Email welcoming you to the course you have purchased.
- The course materials will be available to you in full upon payment. Frekja Consulting ltd. offers a fourteen (14)-day, no-questions-asked money back guarantee on the purchase of Online-Courses or Training and Coaching Programmes. If the Course or Programme does not meet your expectations you can request a refund within fourteen (14) days of the date that you paid for access to that Course or Programme. We will provide you with a full refund of the amount you paid using the same means of payment as you used for the initial transaction.
- To cancel course access and request a refund, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (please contact us via Cathrin.Kolb@frekja.com).
- Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your Account and refuse or restrict any and all current or future use of the Services, without any liability to you.
- Any fees (Fees) for potential additional Coaching or Consulting Services will be set out in a separate proposal document. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services. The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Intellectual property and acceptable use
- We reserve all copyright. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
- All Content included on the Website, unless uploaded by Users, is the property of Frekja Consulting ltd., our affiliates or other relevant third parties. In these Terms and Conditions, Content means any courses, materials, information, quizzes, tests, questions, articles, news and other information, text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
- You may, for your own personal, non-commercial use only, do the following:
- retrieve, display and view the Content on a computer screen
- download and store the Content in electronic form on a disk (but not on any server or other storage device connected to a network)
- print one copy of the Content
- You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Frekja Consulting ltd..
- You must not pass on your login details and passwords to others to access the courses or programmes. The courses are reasonably priced on purpose, so that every person interested can become the best Project Sponsor they can be.
- Every effort has been made to produce practical training materials and resources to help you become a more effective Project Sponsor.
- There is no guarantee that the projects you sponsor will all be successful, finish on time, to budget and produce the intended benefits.
- You will see how complex the role is and how many factors are at play in a project or change programme. Many factors will be important in determining your actual results and no guarantees are made as to the project results you can achieve from our teachings in our material.
Liability and indemnity
- Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
- The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
- We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
- any indirect, special or consequential loss, damage, costs, or expenses or;
- any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
- any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
- any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
- any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services.
- You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
- Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Circumstances beyond a party's control
- If, due to circumstances beyond our control, including those set out in the clause below, we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
- Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
- All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
- Notices shall be deemed to have been duly given:
- when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
- when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
- on the fifth business day following mailing, if mailed by national ordinary mail; or
- on the tenth business day following mailing, if mailed by airmail.
- All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
- No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
- If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
- This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
- These Terms and Conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).
06. November 2017