Services Agreement

These are the Services Agreement for any service Coaching or Speaking with Jonny Pardoe. A separate spec / contract may also be sent to individuals.

Jonny Pardoe Services Agreement

I agree to contract with you on the following terms. These constitute an agreement between me and you and must be read together with any other documents explicitly agreed to be part of this Agreement. Any other terms contained in any other document are excluded unless their inclusion is expressly agreed in writing between us.

  1. Definitions
    In these terms:
    “Intellectual Property” means any and all patents, patent applications, know-how, trademarks, trademark applications, trade names, registered design, copyright, database rights or other similar intellectual property rights created, developed, or used in connection with this Agreement;
    “the Services” means the services that you have ordered from me and I have agreed to provide as set out in the Service Description;
    “I” and “me” means Jonny Pardoe of Hardwick House, Prospect Place, Swindon, Wiltshire SN1 3LJ;
  2. My Obligations
    I will supply you with the Services on the dates agreed between us.
    I warrant to you that the Services will be provided using reasonable care and skill.
  3. Payment
    You must pay my charges for the Services as agreed in writing between us. Unless agreed otherwise, all my charges are exclusive of any applicable value added or other tax. I reserve the right to suspend the Services if my charges are overdue for payment by you.
  4. Your Obligations
    You agree that you will:
    ensure that you and your staff and representatives (if any) co-operate with me in relation to the provision of the Services;
    promptly give me such information as I may reasonably need to provide the Services and you shall be responsible to me for the accuracy of such information;
    allow me access to your premises, data or personnel and use of such equipment which may be necessary for me to deliver the Services (if access to the premises is required to deliver the Services and you do not provide that access I may charge you additional costs incurred by me as a result);
    pay my charges for the Services.
  5. Intellectual Property
    I warrant to you that no material will be provided by me as part of the Services which infringe any third party Intellectual Property rights. You warrant to me that no material will be provided by you to me for use in the Services which infringe any third party Intellectual Property rights.
    If a claim for the infringement of third party Intellectual Property Rights is made or threatened against either party in connection with material provided by it under this Agreement, it shall indemnify the other against any and all costs, expenses, damages or other losses suffered or payments made by the other in connection with the claim and any associated judgment or settlement.
  6. Extent of Liability
    Nothing in this Agreement shall be construed as restricting or excluding the liability of either party for death or personal injury resulting from its negligence or for fraud or fraudulent misrepresentation.
    Subject to the immediately preceding sub-clause, I shall be liable to you under this Agreement in respect of all direct loss or damage caused by my acts or omissions or those of my employees, agents or sub-contractors, other than Excluded Loss (whether or not the possibility of such loss arising on a particular breach of contract or duty has been brought to my attention at the time of making this Agreement). In this clause the expression “Excluded Loss” means all special loss and all third party claims, lost management time, economic loss or other loss of business, production, revenue, profit, goodwill or anticipated savings, anticipated tax mitigation, loss of data, others whether arising in contract, tort (including negligence), breach of statutory duty or otherwise.
    My liability to you under this Agreement, whether in respect of breach of contract, tort (including negligence), breach of statutory duty or otherwise, shall in no event exceed the higher of: (1) the value of this Agreement in the twelve months preceding the date of the breach, and, (2) [£500].
    For the avoidance of doubt, in no event shall either party be liable to the other for any indirect or consequential loss of any nature and howsoever caused.
  7. Termination and consequences of termination
    You have the right to exercise termination of my services if you are within the first 14 days of purchasing my services (see section 8).
    In the event of a no fault for either coaching or speaking services whereby you do not give me the required cancellation notice, then the service can be rescheduled but this is only in a no fault case. Failing to give notice and it is not a no fault will mean no reschedule or refund for the missed session or talk.
    Either you or I shall be entitled to terminate this Agreement immediately by written notice to the other if the other commits any material breach of this Agreement and, in the case of a breach capable of remedy, fails to remedy it, within 21 days after receipt of a written notice giving full details of the breach and requiring it to be remedied.
    Either of us can also terminate this Agreement if the other is the subject of a bankruptcy order
    (or the equivalent in any other jurisdiction) or the other becomes insolvent or make any arrangement or composition with, or an assignment for the benefit of, its creditors or if any of its assets are the subject of any form of seizure. If either of us is a company, the other can terminate this contract forthwith if the first party goes into liquidation, either voluntary or compulsory, or if a receiver or administrative receiver or administrator is appointed.
  8. Cancellation of pre-booked services
    If you are a consumer for the purposes of the Consumer Contracts Regulations 2013, you have 14 days after the day that I email you to cancel the provision of my Services. If you wish to cancel after the 14 days or after any guarantee given we have started the services, you must pay me for the services provided up until the time. If you cancel in accordance with this clause, I will return any money that you have pre-paid to me in respect of Services not yet delivered by me. The amount returned by me will be in proportion to the services that have been supplied in comparison with the full coverage of the Services to be delivered under this Agreement.
  9. Refunds
    Where you are entitled to a refund from me after you have cancelled the services, your refund will be made within 14 days of your telling me that you have changed your mind.
  10. Confidentiality
    Each party shall keep secret and treat as confidential all information obtained from the other which is either stated to be confidential or could reasonably be regarded as confidential and shall not disclose such information to any person other than its employees, agents or sub-contractors where such disclosure is required for the performance of the party’s obligations under this Agreement. This clause shall not extend to information which was already in the lawful possession of a party before this Agreement or which is already in the lawful possession of a party before this Agreement or which is already public knowledge or becomes so subsequently (other than as a result of a breach of this clause) or which is trivial or obvious. The obligations of confidentiality under this clause shall continue after the end of this Agreement.
  11. Data Protection
    I shall comply with all relevant data protection legislation. I shall take appropriate technical and organisational security measures to protect any personal data that you provide to us. Furthermore, I will only deal with such personal data in accordance with your instructions.
  12. Force Majeure
    Neither party shall be liable for any breach of this Agreement caused by matters beyond its reasonable control, including, but not limited to, Acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes (whether or not involving a party’s employees), failures or interruptions of electricity supplies, weather of exceptional severity or acts of local or central government or other authorities.
  13. General
    The terms of this Agreement represent the entire agreement between the parties and supersede any previous agreement whether recorded in writing or otherwise.
    Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may have been notified to the party giving the notice. Any notice to me should be marked with the reference “GDR”.
    You allow me to mention you in case studies in future but only upon request. Please note I will ask your permission for any reviews as to whether you would prefer to have your name anonymised or not.
    No waiver or any amendment to these terms shall be effective unless in writing and signed by both you and us.
    A person who is not a party to these terms may not enforce any of them under this Agreements (Rights of Third Parties) Act 1999.
    If any dispute arises out of these terms we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. If the matter is not resolved by negotiation, the parties will refer it to mediation in accordance with the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure.
    (See www.cedr.co.uk). Unless otherwise agreed, the mediator shall be appointed by CEDR. If the parties fail to agree terms of settlement within 42 days of the start of the first meeting held under such procedure, the dispute may be referred to litigation by either party.
    This Agreement shall be governed by the laws of England and we both agree to submit to the exclusive jurisdiction of the English Courts.