Terms Of Service
Agreement
This Agreement (“Agreement”) is a legal contract between Donna Burfield, founder of Joy andPurpose Coaching & Consulting located in the United Kingdom, and the Client, after this referred to as "Client" or "Coachee," and will be made effective from the date of payment.
Whereas, Joy and Purpose Coaching & Consulting is engaged in the business of client coaching services; you desire to engage Joy and Purpose Coaching & Consulting to provide coaching services in the form of Group Coaching or One-to-One coaching sessions. Now, therefore, the Parties agree as follows:
SECTION 1: Guidelines and ‘Package Fees’ for Joy and Purpose Coaching & Consulting
1.1 Joy and Purpose Consulting contract to provide Services as listed on Joy and Purpose Coaching Website, which hereon in will be referred to as the ‘Services’:
1.2 The User contracts to make payment as per the ‘Package Fees’ which can be found on the Joy and Purpose Coaching Website in exchange for the Services.
1.3 Under the terms of this Agreement, Joy and Purpose Coaching & Consulting agrees to provide Services to You in the form of Webinars, Audio and/or Visual Presentations, and online Zoom/StreamYard meetings.
1.4 All members agree to abide by Community Guidelines and rules as expressed below:
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Cold Calling and Messaging: The Community strictly prohibits cold calling and messaging other coaches within the group for the purpose of scouting for business, soliciting them to join private groups, or engaging in similar activities.
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Privacy and Confidentiality: All members agree to uphold the privacy and confidentiality of the content shared by members within the group. Privacy and Confidentiality are of utmost importance and will be treated with the highest level of respect.
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Group Focus and Intent: If your sole purpose for joining the group is to acquire clients, this community may not be suitable for you.
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Trust: Trust, respect, and integrity are the foundation of this interactive group.
1.5 Joy and Purpose Coaching & Consulting reserves the right to create or modify the Community Guidelines at any time. Updates will be communicated via the coaching room platform.
1.6 Joy and Purpose Coaching & Consulting reserves the right to ban or deny access to any individual if, in our sole assessment, they violate or fail to comply with the Community Guidelines.
1.7 By agreeing to our Community Guidelines, you acknowledge your understanding of the rules and regulations set forth by Joy and Purpose Coaching & Consulting. Failure to comply with these guidelines may result in disciplinary action or denial of access to the community.
SECTION 2: Payment Terms
2.1 The services offered by Joy and Purpose Coaching & Consulting have a Package Fee that is denominated in pounds sterling (GBP), which will be indicated on the Joy and Purpose Coaching website shortly. Please note that the pricing may be subject to updates periodically.
2.2 Joy and Purpose Coaching & Consulting reserves the right to change the prices of the Package Fee and will notify you in writing if any changes are made.
2.3 The Package Fee is payable in full and is deemed to be acceptance of this Agreement. Once payment has been made, you will gain access to the services provided by Joy and Purpose Coaching & Consulting.
2.4 Payments shall be made through the host’s website, platform, bank transfer or Stripe (SSL encryption - Secure Socket Layer), which can be accessed on the Joy and Purpose Coaching website or may be sent via a direct Stripe payment link.
2.5 In the event of non-payment or late payment, Joy and Purpose Coaching & Consulting reserves the right to suspend or terminate your access to the services provided until the outstanding payment is received.
SECTION 3: Refunds and Cancellations
3.1 We at Joy and Purpose Coaching & Consulting strive to provide high-quality coaching services and materials to our clients. However, we understand that there may be situations where a refund is necessary. This refund policy outlines the terms and conditions under which refunds will be considered.
3.2 Refunds for coaching services will be considered on a case-by-case basis and will only be granted where it has been proven that Joy and Purpose Coaching & Consulting has fallen short of the ICF & EMCC Global Code of Ethics. We encourage clients to communicate any concerns or issues they may have during the coaching process so that we can work together to find a satisfactory resolution.
3.2 In no circumstances will Refunds for digital materials, such as digital courses or e-books be given unless the client can demonstrate that the materials received are significantly different from what was advertised or if they encounter technical issues that prevent them from accessing or utilizing the materials.
3.3 To request a refund, the client must submit a written refund request to donnaburfield@joyandpurposecoaching.com within 30 days of the purchase or completion of the coaching service, with their name, contact information and details of the purchase, specifying the reasons for the refund and providing the necessary evidence.
3.5 Refund requests will be evaluated by Joy and Purpose Coaching & Consulting on a case-by-case basis, taking into consideration the circumstances, evidence and reasons provided by the client.
3.6 The decision on whether to grant a refund and the amount of the refund, if any, will be at the sole discretion of Joy and Purpose Coaching & Consulting.
3.7 If a refund is approved, Joy and Purpose Coaching & Consulting will make reasonable efforts to process the refund within 14 days of the approval.
3.8 Refunds will be issued using the same payment method used for the original purchase unless otherwise agreed upon by both parties.
3.9 In certain cases, specific items may be designated as non-refundable. These items will be clearly identified at the time of purchase, and the refund policy will not apply to them.
3.10 If the client chooses to terminate the coaching services for convenience before completion, a refund may be considered based on the unused portion of the coaching services, as determined by Joy and Purpose Coaching & Consulting.
3.11 Joy and Purpose Coaching & Consulting reserves the right to modify or update this refund policy at any time. Any changes will be communicated to the client via email or through our website.
SECTION 4: Confidentiality and Non-Disclosure
4.1 During the course of the coaching services provided by Joy and Purpose Coaching & Consulting, you may have access to confidential and proprietary information. This includes, but is not limited to, materials, strategies, techniques, methodologies, and any other information disclosed by Joy and Purpose Coaching & Consulting.
4.2 Joy and Purpose Coaching and you agree to keep all such confidential information strictly confidential and not disclose it to any third party without the prior written consent of Joy and Purpose Coaching & Consulting.
4.3 Although we take reasonable steps to protect the information that you provide via this Platform, no system is 100% secure or error-free and neither is the Platform. We do not, and cannot, guarantee the security or accuracy of the information we gather. We take the protection of your information very seriously and employ measures through administrative, technical, and physical safeguards designed to protect information against loss, theft, misuse, unauthorised access, disclosure, alteration, and destruction.
SECTION 5: Intellectual Property
5.1 All intellectual property rights in the materials, content, and resources provided by Joy and Purpose Coaching & Consulting, including but not limited to webinars, audio and/or visual presentations, and any other proprietary materials, shall remain the sole property of Joy and Purpose Coaching & Consulting or its licensors. This includes any of the materials you feature in, which your prior consent has been given.
5.2 You acknowledge that you are granted a limited, non-exclusive, non-transferable right to use the materials solely for your personal and non-commercial purposes during the Term of this Agreement.
5.3 You agree not to reproduce, distribute, modify, adapt, or create derivative works based on the materials without the prior written consent of Joy and Purpose Coaching & Consulting.
SECTION 6: Limitation of Liability
6.1 The Services provided by Joy and Purpose Coaching & Consulting are provided on an "as is" and "as available" basis. Joy and Purpose Coaching & Consulting does not make any warranties or representations, express or implied, regarding the effectiveness, accuracy, reliability, or completeness of the Services or the materials provided.
6.2 Joy and Purpose Coaching & Consulting disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
6.3 To the maximum extent permitted by applicable law, Joy and Purpose Coaching & Consulting shall not be liable for any indirect, incidental, consequential, or special damages arising out of or in connection with the use of the coaching services or the materials provided, including but not limited to any loss of profits, revenue, data, or goodwill.
6.4 In no event shall the total liability of Joy and Purpose Coaching & Consulting, whether in contract, warranty, tort (including negligence), or otherwise, exceed the total Package Fee paid by you under this Agreement.
SECTION 7: Term & Termination
7.1 There is no specified term for this agreement. Either party may terminate this Agreement for any reason by providing written notice to the other party.
7.2 In the event of termination for convenience, you may be entitled to a refund, subject to the refund policy specified by Joy and Purpose Coaching & Consulting.
7.3 Either party may terminate this Agreement for cause if the other party fails to perform its obligations under this Agreement and such failure continues for a period specified in this Agreement.
7.4 Termination for cause shall be effective immediately upon written notice to the other party.
7.5 Upon termination of this Agreement, your access to the coaching services and the materials provided by Joy and Purpose Coaching & Consulting shall cease.
7.6 The provisions of Sections 3, 4, 5, 6, and 7 of this Agreement shall survive the termination and continue to be binding upon the parties.
7.7 The Joy and Purpose website offers an annual payment model. Payments can be made in one lump sum (via Stripe or direct bank transfer) or in a payment plan of 12 monthly instalments if agreed upon. Monthly recurring instalments shall be deducted monthly (automatically) via the platform or services used at the initial payment.
7.8 You will be asked to confirm your email and address to access the purchase order, which will give you a summary of the information ordered, such as quantity, price, total and other details. If any of the information is incorrect it is your responsibility to notify us. Incorrect or false information may result in the rejection of your order.
SECTION 8: Complaints Process
It is our aim to provide the best possible service and experience for all of our clients. However, if you have a complaint regarding any aspect of our service, please email us at donnaburfield@joyandpurposecoaching.com and we will try to resolve it as quickly and efficiently as possible. If you are unsatisfied with the outcome then you may make a formal complaint or an appeal to the EMCC.
SECTION 9: Governing Law and Dispute Resolution
9.1 This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom jurisdiction where Joy and Purpose Coaching & Consulting is based. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.
9.2 Any dispute arising out of or in connection with this Agreement shall be resolved through good faith negotiations between the parties.
9.3 If the parties are unable to resolve the dispute through negotiations, either party may initiate mediation or arbitration as specified in this Agreement or as agreed upon by the parties.
SECTION 10: Miscellaneous
10.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior oral or written agreements, understandings, or representations.
10.2 In the event that any provision of the Coaching Services Agreement is deemed invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the agreement, and the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
10.3 The invalidity, unlawfulness, or unenforceability of any provision shall not affect the validity, lawfulness, or enforceability of the remaining provisions of this refund policy or the Coaching Services Agreement.
10.4 The failure of either party to enforce any provision of this Agreement shall not be deemed as a waiver of its right to enforce such provision.
10.5 You may not assign or transfer any of your rights or obligations under this Agreement without the prior written consent of Joy and Purpose Coaching & Consulting.
SECTION 11: Description of Coaching
Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/ development of personal, professional, or business goals and to develop and carry out a strategy/plan for achieving those goals.
SECTION 12: Description of Coaching
The client is solely responsible for creating and implementing his/her own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the coach. As such, the client agrees that the coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the coach. The client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
SECTION13: Coach-Client Relationship
The client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
The client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education, and recreation. The client agrees that deciding how to handle these issues, incorporating coaching principles into those areas, and implementing choices is exclusively the client’s responsibility.
The client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical, or other qualified professionals and that it is the client’s exclusive responsibility to seek such independent professional guidance as needed. If the client is currently under the care of a mental health professional, it is recommended that the client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the client and the Coach.
The client understands that, in order to enhance the coaching relationship, the client agrees to communicate honestly, be open to feedback and assistance, and create the time and energy to participate fully in the program.
DISCLAIMER:
I am not, nor do I claim to be medically trained and will never presume to ‘diagnose’ nor ‘cure’.
Each client is individual and as such sessions will be tailored to meet your individual needs and can in no way be compared to that of another therapist or individual.