SESSION BOOKING TERMS & CONDITIONS
IT IS HEREBY AGREED as follows:
1 DEFINITIONS & INTERPRETATION
1.1 The definitions to be read with these Client Booking Terms and Conditions are set out in full at Clause 12.
2. OUR AGREEMENT & MAKING SESSION BOOKINGS
2.1 These are the terms and conditions on which We supply the Services to You.
2.2 All Session Bookings are SUBJECT TO AVAILABILITY AND THESE SESSION BOOKING TERMS AND CONDITIONS and must come via an online completed Session Booking Form. Upon receipt of the completed Session Booking Form and payment of the Session Fees as applicable, Service Provider will despatch an invoice and Session Booking Notice confirming all the Session Booking details. Once the Session Booking Notice is sent, a legally valid and enforceable Agreement will exist between Service Provider and You.
2.3 Please ensure that You read these Terms carefully. Upon making the Session Booking online and upon receipt of the Session Booking Notice, it is Your responsibility to check all the details carefully and to notify Service Provider of any errors immediately. We will confirm any changes in writing to avoid any confusion between You and Us.
2.4 When You submit the Session Booking Form to Us, this does not mean We have accepted Your Session Booking. Our acceptance will take place as described in Clause 2.2. If We are unable to supply You with the Services, We will inform You of this and We will not process the Session Booking Form.
3.1 We will agree the date and time of each Session with You in advance via the Session Booking Notice. If You wish to change the agreed date and/or time, of a Session Booking, You will provide Us with at least 24 hours’ notice. Failure to provide Us with the appropriate notice will result in You being charged for the Session, whether or not this has taken place.
3.2 Sessions will take place at or via the Location selected by You when You fill out and submit the Session Booking Form and will be confirmed by Us in the Session Booking Notice unless We agree otherwise with You.
3.3 If You do not pay Us for the Services when You are supposed to as set out in Clause 5, We may suspend any future Services with immediate effect until You have paid Us the outstanding amounts (except where You dispute an invoice under Clause 5.4). We will contact You to tell You this. This does not affect Our right to charge You interest under Clause 5.4.
3.4 You acknowledge that due to the nature of the Services, We are unable to guarantee the success of the Services. We aim to provide You with an excellent level of service with ongoing support whenever You require. All our Sessions require motivation and commitment.
4. YOUR OBLIGATIONS
4.1 You confirm the following:
(a) You are not suffering from any diagnosed psychiatric condition, or epilepsy and are not under the supervision of a psychiatrist;
(b) You have provided the correct Location details where relevant for remote Sessions;
(c) You have provided the correct name and full practice address and telephone number of Your GP and authorise Us to contact the GP if We regard it as essential for either Your wellbeing or that of others;
(d) You will take part in all Sessions free from the influence of either alcohol or drugs and will provide a list of any prescription medicines You are currently taking;
(e) You will ensure that the environment in which Sessions are undertaken (other than Our premises) shall be safe and free from distractions and will inform Us if there is anyone else present or monitoring the Session;
(f) You will not record the Session (either by sound or visual means) without Our prior permission; and
(g) You understand and accept that We may terminate the Session without warning should We determine that the Session Booking has been booked for some purpose other than to receive therapy, and that should this occur, You will remain liable for the payment of the relevant Session Booking(s).
4.2 You agree that where You provide Us with the card details for a card belonging to a third party, You will do so only where You have that person’s express authorisation on the understanding that We will retain such card details and process payments as detailed in Clauses 5 and 8. You will be liable to Us for any losses or damages that We may incur due to Your failure to obtain such consent.
5. PRICE & PAYMENT OF SESSION BOOKING FEES
5.1 Our Session Booking Fees are set out on the Website.
5.2 All Session Booking Fees shall be paid in advance when submitting the Session Booking Form and in accordance with this Clause.
5.3 You authorise Service Provider to charge and collect any and all of the Session Booking Fees via any credit or debit cards or other forms of payment approved by Service Provider in connection with the Session Bookings. All credit card payments will incur a [insert amount in words and figures] Payment Processing Fee which is non-refundable. All payments of Session Booking Fees whether from the UK or oversees must be made in UK currency.
5.4 If You fail to make any payment due under this Agreement by the due date for payment, Supplier shall be entitled to charge interest on the overdue sum for the period from and including the due date of payment up to the actual date of payment (after as well as before judgment) at the rate of 1 % (one percent) above the base rate per annum from time to time of First Trust Bank. However, if You dispute an invoice in good faith and contact Us to let Us know promptly after You have received an invoice that You dispute it, this Clause will not apply for the period of the dispute.
6. OUR LIABILITY TO YOU
6.1 If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time We entered into this Agreement.
6.2 Except as expressly set out in this Agreement, Service Provider gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.
6.3 Service Provider shall not be in breach of any of its obligations under this Agreement which arise or occur due to the act, omission, default of You or Your failure to comply with any of Your obligations under this Agreement.
6.4 We do not exclude or limit in any way Our liability for (as applicable) for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
7. EVENTS OUTSIDE OUR CONTROL
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
7.2 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact You as soon as reasonably possible to notify You; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to You, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
7.3 You may cancel the Agreement if an Event Outside Our Control takes place and You no longer wish Us to provide the Services. Please see Your cancellation and refund rights under Clause 8.
7.4 We will only cancel the Agreement if the Event Outside Our Control continues for longer than four (4) weeks in accordance with Our cancellation rights in Clause 8.
8. YOUR RIGHTS TO CANCEL AND REFUND
8.1 Before We begin to provide the Services, You have the following rights to cancel a Session Booking, including where You choose to cancel because We are affected by an Event Outside Our Control.
8.2 You may cancel one or more or all pre-booked and pre-paid-for Sessions at any time up to twenty-four (24) hours prior to the start date and time of the relevant Session (‘Cancellation Period’) by contacting Us by telephone on 07751 793512:
(a) for any reason;
(b) where We break this Agreement in any material way and We do not correct or fix the situation within thirty (30) calendar days of You asking Us to in writing;
(c) where We are affected by an Event Outside Our Control.
8.3 If You cancel a Session Booking under Clause 8.2(a) – (c) and You have made any payment in advance for Services that have not been provided to You, We will refund these amounts to You within fourteen (14) days.
8.4 We will not accept text, email or social media messages to cancel a Session and if You cancel a Session in this way, You will forfeit any applicable refund. You must leave a voice message if there is no pick-up due to unavailability. We will confirm Your cancellation to You verbally and in writing:
9. OUR RIGHTS TO CANCEL
9.1 We may have to cancel a Session Booking before the start date and time due to an Event Outside Our Control. If this happens:
(a) We will promptly contact You to let You know; and
(b) if You have made any payment in advance for Services that have not been provided to You, We will refund these amounts to You within fourteen (14) days.
9.2 We may cancel the Agreement for Services at any time with immediate effect by giving You written notice if:
(a) You do not pay Us when You are supposed to. This does not affect Our right to charge You interest under Clause 5.4; or
(b) You break the Agreement in any other material way and You do not correct or fix the situation within 30 calendar days of Us asking You to in writing.
10. DATA PROTECTION & CONFIDENTIALITY
11. OTHER IMPORTANT TERMS
11.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify You in writing if this happens, but this will not affect Your rights or Our obligations under these Terms.
11.2 This Agreement is between You and Us. No other person shall have any rights to enforce any of its terms.
11.3 Each of the Clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Clauses will remain in full force and effect.
11.4 If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
11.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are a resident of Scotland, You may also bring proceedings in Scotland.
11.6 You can contact Us using the following methods:
By Email: firstname.lastname@example.org
By Telephone: 07751 793512
By Post: Unit 171 D1, Rosevale House, 171 Moira Road, Lisburn, Co.Antrim, BT28 1JA
11.7 We are registered with the following professional bodies:
• National Hypnotherapy Society; and
• National Counselling Society
12. DEFINITIONS & INTERPRETATIONS
12.1 In this Agreement (except where the context otherwise requires) the following words shall have the following meanings:
Cancellation Period: as set out in Clause 8.2(a).
Event Outside Our Control: any act or event beyond Our reasonable control.
Tele Location: refers to the telephone details set out in the relevant Session Booking Notice when the Services are to be provided remotely via a telephone call.
Location: refers to the physical location where face to face Services take place – Unit 171 D1, Rosevale House, 171 Moira Road, Lisburn, Co.Antrim, BT28 1JA or the Online Location or the Tele Location.
Online Location: refers to the online location details set out in the relevant Session Booking Notice when the Services are to be provided remotely e.g. via skype.
Personal Data: as referred to in Clause 10.
Payment Processing Fee: refers to a fee chargeable by the Service Provider’s third party payment processing party as referred to in Clause 5.3 where applicable.
Services: the therapeutic services i.e. hypnotherapy and/ or counselling that We are providing to You as selected and booked by You via the Session Booking Form and as set out and confirmed by us in the relevant Session Booking Notice.
Session: refers to a session of therapy of approximately 1 hour which take place face to face or via skype.
Session Booking: refers to a booking of Session.
Session Booking Fee(s): the entire fees payable for a Session.
Session Booking Form: the form required to be completed by You to reserve and pre-book one or more Sessions.
Session Booking Notice: means the notice sent to You by Service Provider upon receipt of the Session Booking Form and Session Booking Fees to confirm the Session Booking as a legally binding Agreement.
Terms: the terms and conditions set out in this document.
Website: www.etherapyni.co.uk and any other domain or subdomain that may apply from time to time.
When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.