These terms and conditions are written in plain English and set out in more detail the way that our products and services work and what you can expect from us.
1) Definitions
- Business: The legal business name is Akash Trivedi T/A MrAkashTrivedi hitherto referred to as MrAkashTrivedi or “the business”.
- Customer: A person who has contracted MrAkashTrivedi to provide services of any sort.
- Service(s): All the services that we provide, as listed on the website, or discussed in our initial consultation.
- Fee(s): The payment for the services as outlined.
- Document(s): All documents that the customer sends to MrAkashTrivedi.
- Contract: The agreement between the business and the customer to provide particular services.
- Mentoring or Coaching service: A service that involves a mentor and mentee working together towards a selected goal or goals.
- Mentoring or Coaching session: The length of time that the Mentoring or Coaching service is carried out in.
- Mentor: Any person that is contracted by MrAkashTrivedi to execute a contract. In the majority of instances, this will be Akash Trivedi.
- Materials: Any artwork, graphic design, web design, logo design, slogans, Search Engine Optimisation, video, photography, copy, text, learning, ideas and content in its entirety or in part, which we have produced or inspired.
2) Validity
- These terms and conditions apply to any contract between MrAkashTrivedi and the Customer.
- If the interpretation of any terms and conditions is unclear, or there is an instance not covered explicitly by these terms and conditions, then an explanation that is “in the spirit” of these provisions is applied.
- If MrAkashTrivedi is not in strict compliance with the terms and conditions, it does not mean the terms and conditions are invalid, nor does MrAkashTrivedi lose the right to demand strict adherence to them.
- Any variation to these terms and conditions must be agreed in writing with the mentor.
3) Contract
- The contract makes reference to these terms and conditions.
- The contract will contain enough information to make MrAkashTrivedi’s offer clear to the customer. Any mistakes contained are not binding for MrAkashTrivedi and should be taken “in the spirit” of the provision.
- The customer must agree to the contract in its entirety.
- Any modification to the contract is to be discussed and agreed in writing with MrAkashTrivedi.
4) Services and Delivery
- The services are as described in the contract and terms and conditions.
- Any variation to the service must be discussed and agreed in writing with MrAkashTrivedi.
- The mentor will take all reasonable measures to ensure mentoring information is correct, but may change the mentoring technique at any time if it would better serve the customer.
- The services shall start on the agreed start date and continue for the duration of the period purchased or agreed to.
- The services will be carried out at the location described in the contract or agreed by the mentor.
- Dates given for the delivery of the services are estimates and not guaranteed. The mentor may change the date giving the customer as much advanced warning as possible. MrAkashTrivedi cannot be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the services.
- Mentoring and Coaching services may be carried out on an individual or shared basis as specified in the service description or as agreed with the mentor.
- Mentoring and Coaching sessions will typically take place online, but may also take place by phone or in person in various circumstances.
- Any documents or resources shared with the customer during sessions must not be shared with others under any circumstances. Evidence of such sharing will lead to the immediate termination of the contract.
5) Fees, Prices and Discounts
- All prices are exempt from VAT.
- MrAkashTrivedi may offer discounts to customers on an “ad hoc” basis. These are not new pricing schemes, and may change at any point in the future. These are a gesture of goodwill.
- The terms of payment are detailed in the contract.
- Payments must be settled at least 24 hours before the session or within 7 days of receiving the invoice.
- The minimum duration for a session is 40 minutes.
- The customer will pay interest on all late payments at a rate of 5% per annum above the base rate set by the Bank of England.
- The mentor is further entitled to recover all reasonable expenses incurred in obtaining a late payment from the customer.
- The customer is not entitled to withhold any money due to the mentor.
- The price may increase year on year to take into account factors such as inflation and scarcity of mentoring time.
- The mentor is entitled to vary the price to take into account: additional services as requested by the customer that were not part of the original contract; any reasonable increase in rates, which will be conveyed to the customer in writing; any variation in the time duration for the session.
6) Customer Obligations
- The customer agrees to cooperate fully with the mentor with regards to the obligations set out in these terms and conditions.
- The customer must attend the mentoring sessions promptly, making calls and emails on time. Any delay to this does not mean the mentor is under any duty to extend the time of the session or reply to these calls or emails.
- The customer must ensure that any recommendations of work given by the mentor are undertaken between sessions.
- The customer agrees to pay the fees as specified on the contract and in these terms and conditions prior to any session taking place.
- The customer must behave in a respectful and appropriate manner at all times. Disruptive or threatening behaviour will result in termination of the contract. In such cases, no refunds shall be payable.
- The customer must make the mentor aware of any dissatisfaction with the services as soon as the customer becomes aware.
- Persons other than the customer are not allowed to attend sessions other than cases in which prior consent has been approved by the mentor.
- The customer must not share any documents or resources provided to them with others.
- The customer takes all responsibility for their own development and the pursuit of new thoughts, approaches and strategies.
7) Mentor Obligations
- The mentor shall supply the services as specified in the terms and conditions and contract.
- The mentor shall perform the services with reasonable skill and care.
- Although the mentor shall provide the agreed support towards the development of the customer, the mentor cannot guarantee the achievement of these objectives.
- The mentor will seek to enable the customer to succeed in achieving their goals, though the customer is responsible for taking all decisions. The mentor has no liability for any action taken by the customer.
- The mentor shall maintain the strictest confidentiality of all personal information and discussions held with the customer in the mentoring or coaching sessions.
8) Refunds
- Where the customer is legitimately unhappy with the mentoring or coaching, they are obliged to inform MrAkashTrivedi within 24 hours of the first session. It is the customer’s responsibility to outline their grievance clearly and precisely.
- The customer will allow MrAkashTrivedi to correct this grievance at no additional cost to the customer. If the issue cannot be resolved, then MrAkashTrivedi will give a full refund to the customer to settle the grievance.
- This money back guarantee is only applicable for up to 24 hours after the customer’s first session.
- In the event a refund is made, this shall be deemed to be a final settlement of the grievance. No further claims to refunds can be made once the customer accepts an initial refund.
9) Cancellation
- If the customer needs to reschedule a session, this must be done more than 24 hours prior to the session in question.
- Fees are non-refundable in the event of a cancellation by the customer. This is when cancellations or reschedule requests are made with less than 24 hours’ notice, or if the customer fails to show up after the first 5 minutes of the session.
- If the mentor is unable to hold a booked session, all attempts will be made to provide an alternative date suitable to the customer.
- In the event that the mentor cancels the session, a full refund will be made to the customer.
- In the event a deposit is taken to secure a booking, the deposit is non-refundable.
10) Liability
- If MrAkashTrivedi is liable for any costs or damages, this liability is limited to: what is stated in these terms and conditions; the value of the contract; or at least the elements of that contract to which the liability relates.
- MrAkashTrivedi will not be held liable for any damages that are caused by MrAkashTrivedi being given inaccurate or incomplete information by the customer.
- MrAkashTrivedi will not be held liable for any damages incurred if it rejects or cancels an order, as long as these terms and conditions have been adhered to.
- MrAkashTrivedi will not be liable for any damage to or loss of documents stored by either MrAkashTrivedi or third parties.
- Under no circumstances can MrAkashTrivedi be held liable for a customer not achieving their intended goal(s). The same is true if a customer’s progress towards a goal is delayed.
11) Termination
- The mentor can terminate this contract with immediate effect if the customer demonstrates any abuse towards the mentor.
- The client may terminate this contract if the mentor fails to comply with any of the terms and conditions, and this failure continues for a period of 30 days after notification of non-compliance is given.
- The mentor can terminate this contract if the client has failed to make a payment within 30 days of the sum being requested.
- The mentor can terminate this contract if any evidence of sharing of resources is discovered.
- In the event of a termination, the customer must make any payment incurred up to the date of termination.
12) Personal Information
- All customer personal information is held in adherence to the Data Protection regulations in the UK. See the Privacy Policy for more details on how data is used.
- Video and audio recordings may be made for the benefit of the customer. At any point, a customer can ask for these to be deleted.
- If you sign up to download content, subscribe to the blog, or include your email address in a sign-up form, MrAkashTrivedi may contact you with product suggestions and offers. You can opt out of these emails at any time.
13) Changes to Terms and Conditions
- MrAkashTrivedi reserves the right to amend or supplement these terms and conditions at any time.
- All legal relationships between the customer and the business are subject to UK law, regardless of where the customer resides. Therefore all disputes will be dealt within the framework of the UK legal system.
14) Indemnity
The customer shall indemnify the mentor and MrAkashTrivedi against all claims, costs and expenses which the mentor may incur and which arise directly or indirectly from the customer’s breach of any of its obligations under these terms and conditions.
15) Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
Sub-clause related to Covid-19: Both parties are aware that at any time the spread of Covid-19 may lead to interruptions of service delivery and restrictions may be placed on the use of personnel or deliveries. Circumstances leading to delays or hindering MrAkashTrivedi in the performance of services will not place any liability on MrAkashTrivedi. MrAkashTrivedi is entitled to claim reasonable postponements of binding contractual delivery dates.
If you require any information or clarification on these terms and conditions, please contact Akash at akash@mrakashtrivedi.com.