Terms & Conditions of Sale
These Terms of Sale (“Terms of Sale”), together with any and all other documents referred to herein, set out the terms under which goods and services are sold by EQworks.
EQworks is a trading name of RED E4 Consulting Limited (“EQworks”; “we”; “us”; “our”), a company registered in England and wales under company number 05063288 and with registered address at Unit 3, 1st Floor North Cavendish House 369-391 Burnt Oak Broadway, Edgware, Middlesex HA8 5AW.
These Terms of Sale, as well as any and all contracts for the sale of goods and/or services by EQworks are in the English language only. These Terms of Sale will apply if not amended and/or replaced by EQworks on a case by case basis.
We at EQworks are proud of the quality of our training and coaching services and go above and beyond in the quality of service and support we offer our clients. We believe it’s important to be as clear as possible about how we work and our key terms and responsibilities. As such please read these Terms of Sale very carefully as it may be referred to later.
Programmes with EQworks
Commitment:
Please note once confirmation of an event/programme of work has taken place via a signed contract, a Purchase Order, payment or email confirmation a contractual agreement has been entered into. If a Purchase Order is not available a client’s budget authoriser may be asked to fill in a ‘PO-Agreement of works’ document and sign to say they have the authority and the budget to initiate this work. This is important as it forms the basis for our working relationship and ensures it is fairly agreed and carried out. Once a contractual agreement has been entered into, invoice payment will be necessary to confirm the programme of work and dates agreed, if a deposit or full payment has been requested by EQworks before delivery of services.
Cancellation period:
If the client cancels any non-tailored programme (“Standard Programme”) or a programme with an order value of less than £5,000 (“Value Programme”) ordered from EQworks, or segment(s) of a Standard Programme or Value Programme more than 8 weeks’ before the confirmed date of delivery of the services (“Event Date”), 90% of the agreed fee shall be refunded. An administration fee of 10% of the agreed fee is due to EQworks if the programme is not re-booked by the client at the time of cancellation. If the client cancels a Standard Programme or Value Programme within 4 weeks of the Event Date, a 75% fee is payable to EQworks except if cancelled within 14 days of the Event Date, then 100% of the fee is due to EQworks. This is in-line with many training organisations and is an important safeguard for the reasonable running of our business as a going concern.
Programmes specially produced for clients (“Tailored Programmes”), e.g., with multiple participants being coached or programmes with an order value of £5,000 or more (“High Value Programme”) such programmes are non-cancellable due to the more extensive time and/or resource having been spent prior to its running or being required to book /diarise significant timings in advance. Any acceptance of cancellations by EQworks and/or rebooking of the Tailored Programmes and High Value Programmes is entirely at the sole discretion of EQworks. If the client wishes to change the programme or dates in any way this may be taken by us as cancellation and a new agreement agreed, with these decisions based on the sole discretion of EQworks. If we consent to last minute changes (within 4 weeks of an Event Date), it may then be permissible to change the structure of a programme or dates for a change fee, at the sole discretion of EQworks. Please note that if a programme or part of a programme is delayed or frustrated by the client over an extended time this may be taken as cancellation, also at the sole discretion of EQworks.
Note that all cancellations must be made in writing (incl. email) from the person who has made the booking or other duly authorized person to the complete satisfaction of EQworks. This cancellation notice must be confirmed as received by EQworks.
Deposit:
We require minimum 50% deposit for all Tailored Programmes and High Value Programmes in order to book in programme related elements and ensure EQworks resources are planned for and appropriately covered off. For those programmes of a complex or extended nature (where more than one deliverable element is agreed beyond a two-week timeframe), or where the programme is carried out abroad this deposit may increase to 100% at the sole discretion of EQworks. Sometimes stage payments may also be required for longer or more in-depth programmes.
We may also require deposits or full payment for Standard Programmes and Value Programmes at the sole discretion of EQworks.
Deposits are necessary to cover time and resources required to book and plan programmes and in order to cover elements including but not restricted to travel (time and booking costs), accommodation, psychometric testing, scoring, analysis and report-writing, coaching preparation and diarising, training programme design, planning, management, sponsor and client communications. In the case of Eqworks agreeing a programme cancellation, all resources committed to and other reasonable timing and costs already utilised in good faith, will be deducted from any potential repayment to the client.
Payment terms:
Invoices are payable within the payment period indicated on the invoice. There is a 3% interest per calendar month surcharge for late payment thereafter. For on-going or larger programmes, we will agree retentions or advanced part-payments on an on-going basis to fairly reflect time commitments and work done. Amounts paid on account are non-refundable unless specifically agreed.
Confidentiality and Data Protection:
Sharing of information
The basis for all conversations, assessments – testing, analysis, recommendations, coaching and training is 100% confidentiality unless otherwise agreed beforehand with all relevant parties. Our work rests on this premise. Information from coaching sessions may only be shared with the client/business if it is previously agreed or coachee is happy to share later for a specified purpose or certain people.
For the purposes of any engagements, and in order for the parties to comply with Data Protection Laws* regarding the exchange of Personal Data* envisaged under any engagement, the client shall be the Data Controller* and EQworks shall be the Data Processor* and the parties shall be deemed to have entered into EQworks’ standard data processing agreement (“Data Processing Agreement”). In the event of a conflict between a term in these Terms of Sale and a term in the Data Processing Agreement, then the term in the Data Processing Agreement shall prevail to the extent allowable by Applicable Laws.
For the purposes of these Terms of Sale the following words shall have the following meaning:
*Applicable Laws: all applicable laws, statutes, regulations and codes from time to time in force that apply in the UK, including but not limited to the Data Protection Laws; Bribery Act 2010; Equality Act 2010 and the Modern Slavery Act 2015.
*Controller and Processor, Data Subject, Personal Data: are those as defined in the Data Protection Laws.
*Data Protection Laws: all applicable data protection legislation and privacy legislation in force from time to time in the UK (and EU if applicable), and as may be amended, including the UK GDPR and the Data Protection Act 2018, and EU GDPR (as may be applicable for data subjects within the EEA); and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.
*EU GDPR: General Data Protection Regulation ((EU) 2016/679).
*UK GDPR: means the Data Protection Act 2018 and General Data Protection Regulations as adopted in the United Kingdom by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020.
Safeguarding information
We take precautions to safeguard our clients’ personal and organisational information. None of our client’s information or experiences are shared in any personally identifiable ways without explicit permission.
Please note that all material used is securely held and is not accessible by anyone else; nor will any information not already in the public domain, be shared in any way. We would ask the same from you, that material and development practices we share with you not be publicised or shared in any other way especially with our competitors and all copyrighted material retains the EQworks ©.
Responsibilities:
We are a coaching organisation that seeks to grow the resourcefulness and responsibility of our client. Whilst we take every care in the preparation and delivery of our training services and products, we at no time take responsibility for any decisions or actions taken by clients which may arise from our coaching or training. We may ask specific training needs information (TNA) of clients and would ask to be made aware of anything material that may affect our ability to work with or give value to you or your employees / attendees / coachees. For example, we would wish to know of anything that relates to the physical or emotional well-being of an attendee or client that may be affected by or relevant to the services we provide.
If due to illness or circumstances beyond our control, we are unable to provide the service as agreed we will do our utmost to inform you and make necessary changes as soon as possible in order to provide the product or service. This may include Eqworks using alternative facilitators if necessary. We are not liable for any associated or resultant costs or liability but may at the sole discretion of EQworks refund directly related costs paid by the client under such circumstances.
Additional costings and travel:
We predominantly base our costings around timings and participant numbers. Costings may include extended travel time (time rates) that go beyond 90 minutes return travel time in one day to/from central London. Reasonable travel, accommodation, out of pocket and incidental expenses (including meals) may be due in addition to training costs and will usually be agreed with the prior written approval of the client. Where travel goes beyond 90 minutes total for each business day business class travel will be required where at all possible and time rates charged at half the coaching rate – these shall be with the prior written approval of the client. Overnight accommodation must also be available where these longer travel times exist. Timings and convenience must be a priority here. Ultimately the quality of the courses or facilitations can depend on the facilitator being as fresh and relaxed as possible especially where out of hours travel is required. Travel normally occurs between the hours of 08.00 and 19.00. Additional reasonable costs may be incurred if travel outside of these hours is required. Accommodation would also be required of a similarly high standard. Flights taken of over 3 hours in duration or outside of normal business hours will be at least of business class standard.
Training course attendee numbers:
Our face to face training workshops centre around high facilitator: trainee number ratio. 8-12 attendees are typical per course with one facilitator. For some courses this is not so important and course structures depend on the required outcomes as well as optimal learning requirements and budget. Where larger / conference / webinar/ motivational focus is required it is typical to have larger attendee numbers especially in conference formats which also work very well. We advise discussions about how this can best work. Such larger formats can dramatically reduce the cost per attendee but may also affect the take-home and personal nature of the facilitation. By all means ask us for more details or how this can work best for your organisation and programme.
Our Intellectual property:
The experiences EQworks and its associates create and facilitate, its courses, coaching, website, A.R.T. profile and model, messaging, videos, recordings, training and coaching approaches, slideshows, branding and materials have taken years to perfect. This is all considered to be our unique IP and brand and is legally protected by copyright and trademarks. As such we want to be clear about protecting them especially our brand, training, unique approaches, coaching products and materials. Whilst we encourage all clients and attendees to re-visit materials for personal reflection please be aware that these are privileged assets and shared purely for the agreed purpose and for the agreed attendees /participants within the agreed programme offered by EQworks.
None of our intellectual property rights including but not limited to course materials are to be saved, (re-) used, shared, copied, licensed out, sampled in any way, published (soft or hard copy), lent or trained by others outside of what is agreed explicitly with us. All materials remain entirely the sole intellectual property of EQworks unless otherwise explicitly agreed with us in advance. It’s very important to us that this is understood, and we appreciate your helping us to protect our materials and rights. By agreeing to work with us you agree with these terms. We may ask that you to sign a simple Non-Disclosure Agreement for this purpose which may also protect your sensitive information.
Recording of workshops/sessions:
By default, and in the absence of an agreement with EQworks, to the contrary, no copying, (imagery, sound or video) recording, storing, re-use of any sort is permitted by anyone of our intellectual property rights including but not limited to course materials, public or private programmes, training, coaching, facilitations or webinars.
Sound, imagery (including photographic) or video recording are by agreement only and must be agreed beforehand. Please note that any and all such copies of any material or recordings will remain the exclusive ownership of EQworks. Any wish for or knowledge of such a requirement or such actions must be made in writing to EQworks.
Options are available for viewing sessions that have been agreed for recording by us in advance and done so only from our servers or internal programmes under specific EQworks’ license. Please ask for details if you are in any doubt before making agreements with us. And any such approved recordings may then not be shown, re-distributed, copied, stored in any way without the explicit agreement of EQworks. There will be a licensing agreement and costs involved in the use of such material.
VAT & other charges
Costs discussed or given should be assumed, unless otherwise specified, as net of UK VAT (at 20%), with VAT applicable on all services and products at this rate unless otherwise agreed beforehand as legally exempt. Any incidental expenses or travel costs will be agreed up-front, where possible and should be assumed to be due in line with circumstances outlined above. There may be charges for external venues /booking or management activities agreed for our programme delivery and incurred by us whether or not contained in any proposal sent by us. Generally, VAT is not due on programmes conducted outside of the UK and will be generally agreed in advance with the client.
Basis for costs
Sometimes circumstance change. We would ask that you agree to contact us immediately, fully, expediently and completely to communicate anything that may impact the timing, quality, agreement set out, as soon as it may be known to you.
Law and Jurisdiction
These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms and conditions or its subject matter or formation.
Changes to these Terms of Sale
These terms of Sale can be amended from time to time with 30 days’ notice at EQworks’ sole discretion. The terms of already booked programmes will not be affected.
