The Story Strategy: STANDARD TERMS & CONDITIONS

Background

These Standard Terms & Conditions, together with any documents referred to therein, set out the terms under which We will provide the The Story Strategy to You.  Please read these Standard Terms & Conditions carefully and ensure that You understand them before agreeing to purchase the The Story Strategy.  If You do not agree to be bound by these Standard Terms & Conditions, You will not be able to purchase a Strategy Session.

In these Standard Terms & Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Acceptance”

means Our acceptance of Your offer to purchase The Story Strategy;

“Account”

means an account created by Us for You on the Platform through which You may be given access to Mentoring Materials;

“Agreement”

means the agreement between You and Us pursuant to which We shall provide the The Story Strategy on the terms set out in these Standard Terms & Conditions;

“Commencement Date”

means the date on which You enter into the Agreement with Us;

“Confidential Information”

means information which is confidential in nature or which is or may be commercially sensitive, and which is disclosed as a result of or in connection with Your participation in the The Story Strategy.  Confidential Information may include (but is not limited to):

information of a secret, sensitive or confidential nature which is disclosed by You to Us in the course of the The Story Strategy; and

information of a secret, sensitive or confidential nature relating to Our business, dealings, affairs, practice, finances, trading, software or know-how, and includes the Mentoring Materials and the Recordings;

and in each case, whether that disclosure is made orally or in writing, and whether or not the information is expressly stated to be confidential or marked as such.

“Consumer”

means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to the Agreement means an individual client who purchases and participates in the The Story Strategy for their personal use and for purposes wholly or mainly outside the purposes of any business;

“Data Protection Legislation” 

Means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended 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;

“Fees”

means the total fees payable for The Story Strategy as set out in Clause 7;

“Intellectual Property Rights”

means:

(a) any and all rights in any patents, trademarks, service marks, registered designs, applications (and rights to apply for any of those rights), trade, business and company names, internet domain names and email addresses, unregistered trademarks and service marks, copyrights, database rights, know-how, rights in designs and inventions;

(b) rights under licences, consents, orders, statutes or otherwise in relation to a right in paragraph (a);

(c) rights in or in relation to Our Confidential Information;

(d) rights of the same or similar effect or nature as or to those in paragraphs (a), (b) and (c) which now or in the future may subsist; and

(e) the right to sue for past infringements of any of the foregoing rights;

“The Story Strategy”

means the mentoring session of no more than ninety (90) minutes duration to be provided to You by Us under the Agreement;

“Mentoring Materials”

means any and all materials which We may (but are not obliged to) provide to You as a result of your participation in the The Story Strategy;

“Our Site”

means the website owned and operated by Us at www.storiesfromhome.co.uk;

“Platform”

means the LearnWorlds online platform through which We may release Mentoring Materials to You, or such other online platform as We may use from time to time;

“Recordings”

means audio or video recordings of the Mentoring made by Us which may be made available to You as part of the Mentoring Materials;

“Term”

shall have the meaning set out in Clause 2.5;

“Us” or “We”

means Home PR Ltd, a company registered in England and Wales and trading under the name “Stories from Home”, with registration number 12168397 and registered office address at 7 Castle Farm Court, South Cave, East Yorkshire England, HU15 2FH; and

“You”

means the person to whom We shall provide the The Story Strategy under the Agreement.

In order to take part in the The Story Strategy, You will first need to submit an order through Our Site.

No part of Our Site constitutes a contractual offer capable of acceptance.  Your order constitutes a contractual offer to purchase the The Story Strategy.  We may, at Our sole discretion, accept that offer.  Our acceptance is indicated by Us sending You, by email, Our confirmation email which constitutes Our acceptance of Your offer.  Only once We have sent Our acceptance and You have paid the Fee will there be a legal, binding Agreement between You and Us.

We will provide The Story Strategy to You on the terms set out in these Standard Terms & Conditions. 

You understand and agree that You are entering into the Agreement with Us for purposes relating to Your business or profession, and not as a Consumer within the meaning of the Consumer Rights Act 2015.

The Agreement shall come into force on the Commencement Date and shall continue until the earlier of:

the The Story Strategy has been provided to You (together with such further sessions as You and We may agree in writing); or

the expiry of three (3) months from the Commencement Date; or

the Agreement is terminated in accordance with Clauses 10 – 11;

(the “Term”). 

The Story Strategy to be provided by Us is described on Our Website and may include:

One (1) live mentoring session via Zoom (or such other online platform as We may determine from time to time) of no more than ninety (90) minutes in duration;

access to such Mentoring Materials as We may determine at Our sole discretion;

access to the Recordings.

You authorise Us to make the Recordings, solely for Your use and Ours during the term of the Agreement.

In providing The Story Strategy to You, We shall be acting as an independent mentoring provider.  Nothing in the Agreement shall be deemed to create any:

partnership, joint venture or agency between You and Us;

employment relationship between You and any of Our directors or employees; or

other fiduciary relationship between You and Us,

other than the contractual relationship expressly provided for in the Agreement.

The mentoring provided by Us (and any persons engaged by Us) during The Story Strategy under the Agreement will at all times be under Our exclusive supervision, direction and control. 

We shall make all reasonable efforts to ensure that the general description of The Story Strategy which appears on Our Site corresponds to the actual mentoring that will be provided to You.  However, You and We understand that the precise contents of those sessions will vary from client to client, in accordance with that client’s background and mentoring needs. 

We do not make any guarantee that You or Your business will obtain a particular outcome or result (financial or otherwise), professional qualification or employment or other opportunity from The Story Strategy.  Decisions as to whether and how to incorporate or apply the principles covered in The Story Strategy are entirely Your responsibility.

You understand that any testimonials provided on Our website do not and are not intended to represent or guarantee that any other recipient of The Story Strategy, or of Our mentoring generally, will receive the same or similar results.

You understand that The Story Strategy is not intended to be a substitute for legal, financial, medical, tax or other professional advice, and that it is Your responsibility to seek such independent professional advice where necessary.

The Story Strategy will take place:

online (via Zoom or similar online platform) unless agreed otherwise; and

at a fixed time and date;

on the date selected by You through Our Dubsado Scheduling tool, or as otherwise mutually agreed by You and Us in advance.

You may reschedule The Story Strategy to a mutually agreeable date within the Term, without additional charge, provided You give not less than 24 hours’ notice in each case.  Your ability to reschedule will in all cases be subject to Our availability.

If You cancel or reschedule a session other than in accordance with Clause 4.2, You may forfeit that session. For the avoidance of doubt, there will be no reduction or refund of Fees in respect of any forfeit of The Strategy Session.

In providing The Story Strategy to You, We shall act at all times with reasonable skill and care, consistent with prevailing standards in the business mentoring industry in the United Kingdom.

We shall ensure that any persons engaged by Us to provide The Story Strategy to You have the requisite skills and experience to provide those sessions.

We will make every reasonable effort to provide The Story Strategy in a timely manner, at the date(s) and time(s) agreed with You.  In certain circumstances, including (but not limited to) where We encounter a technical issue, We may need to postpone the delivery of a live The Story Strategy, and/ or Your access to the Mentoring Materials or Recordings.  We shall use all reasonable endeavours to resolve any such issues.  However, We shall not be liable for any delay in the provision of The Story Strategy or access to the Mentoring Materials due to technical issues or circumstances outside Our control or to any Event Outside Our Control as described in Clause 14.

Our obligations to You under the Agreement are limited to providing The Story Strategy.  Any request You may make for additional advice or assistance outside The Story Strategy shall not be included in the Fee.  We may at Our sole discretion decline to deal with any such request.  If We do agree to deal with any such additional request under this Clause 5.4, We may impose an additional charge for Our time.  Any such charge will be agreed with You and purchased in advance. 

We undertake that, during the course of the Agreement and after its termination, We will not disclose or use Confidential Information disclosed by You to Us in connection with Your participation in the The Story Strategy unless:

You have given Your written consent in advance;

the Confidential Information becomes public knowledge other than by reason of Our unauthorised disclosure;

the Confidential Information is provided to Us by a third party without breach of any obligation to You;

We are required as matter of law to disclose that Confidential Information;

as a result of Your disclosure of Confidential Information to Us, We reasonably believe there to be an imminent or likely risk of harm to You or to others; or

the Confidential Information relates to illegal activity.

During the Term, You undertake to:

communicate honestly;

provide promptly any information requested from You in connection with the mentoring process;

be open to feedback and assistance, on the mutual understanding that (due to the nature of the mentoring We provide) Our feedback will be honest, direct, supportive and challenging;

conduct Yourself in a responsible and courteous manner at all times;

attend The Story Strategy on time; and

commit to and participate actively and fully in the mentoring process.  

You will need an Account to access any Mentoring Materials to which We give You access.  You will need to access that Account by entering a user ID and a password (together the “Log In Details”).  You agree that You will not under any circumstances share Your Account or Your Log In Details with any other person.  If You believe that Your Account or Your Log In Details are being used without Your permission, You must contact Us immediately at hello@storiesfromhome.co.uk.

You understand and acknowledge the importance of the Confidential Information and Intellectual Property to Our business, and You accordingly warrant and undertake to comply at all times with Your obligations in relation to the Confidential Information and Our Intellectual Property Rights as set out in Clauses 8 and 9 below.

We reserve the right to suspend or terminate Your participation in The Story Strategy and/ or Your access to the Mentoring Materials, if You materially breach the provisions of this Clause 6 or any of the other provisions of the Agreement.  If We suspend or terminate Your participation in The Story Strategy and/ or Your access to the Mentoring Materials under this Clause 6.4, no refund shall be due in respect of the Fees (or any part thereof).

You shall indemnify Us, and any person(s) acting on Our behalf, in respect of any and all losses, costs, claims or demands suffered by Us (or them) arising out of Your breach of the Agreement including these Terms & Conditions.

In consideration for Us providing The Story Strategy to You, You agree to pay the Fees in accordance with this Clause 7.

The Fees for The Story Strategy shall be the Fees displayed on Our Site at the time of Our Acceptance.  The Fees on Our Site are inclusive of VAT.

The Fees shall be payable in one lump sum payment, via the payment gateway on Our Site.

Any fees charged by Your bank or Your debit or credit card provider in connection with Your payment of the Fees are for Your own account and We shall not be responsible for these.

You shall be responsible for all costs You incur in connection with Your access to The Story Strategy, any Mentoring Materials, or to the Platform.

If the Fees are not paid in accordance with this Clause 7, We reserve the right to:

charge interest on any overdue sum at the rate of 4% per annum above the base rate of Barclays Bank PLC from time to time.  Interest under this Clause 7.6.1 will accrue from the due date for payment until the actual date of payment of the overdue sum, and is payable on demand;

suspend Your access to The Story Strategy until payment of all outstanding Fees (together with any interest charged under Clause 7.6.1 above) is made in full; and/ or

terminate the Agreement, in accordance with Clause 11.1.

We make all reasonable efforts to ensure that the Fees shown on Our Site are correct at the time of going online.  We reserve the right to change the Fees and to add, alter or remove special offers from time to time and as necessary.  Changes in the Fees will not affect You if You have already entered into the Agreement.

As a result of Your participation in The Story Strategy,  You may receive Confidential Information (including but not limited to the Mentoring Materials and the Recordings).

You undertake that You will, at all times during the continuance of the Agreement and after its termination:

keep confidential all Confidential Information;

not disclose (either directly or indirectly) any Confidential Information to any other person;

not use any Confidential Information other than for the purpose of Your participation in The Story Strategy and subject to the Agreement; and

not make any copies of, record in any way or part with possession of any Confidential Information.

The obligations contained in this Clause 8 shall survive the Agreement.

All Intellectual Property Rights subsisting in the Mentoring Materials and the Recordings shall at all times remain Our exclusive property (or the property of Our licensors, as appropriate).  Nothing in the Agreement shall vest in You any rights in the Mentoring Materials or the Recordings or any other material provided by or belonging to Us (or Our licensors, as appropriate). 

When We provide You with access to the Mentoring Materials and the Recordings, We will grant You a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Mentoring Materials and the Recordings for Your own use.  The licence granted to You does not give You any rights in the Mentoring Materials (including any materials that We may licence from third parties) or the Recordings.

You may not, for the term of the Agreement and at any time after its termination:

copy, record, reproduce, modify, rent, sell, publish, republish, sub-licence, post, broadcast, distribute, share or otherwise transmit the Mentoring Materials or the Recordings (or any part of them) or make the Mentoring Materials or Recordings (or any part of them) available to any other person; or

use the Mentoring Materials or the Recordings in the provision of any other course, training, mentoring or coaching.

If You become aware of any actual or threatened infringement of Our Intellectual Property Rights, You agree to inform Us immediately in writing.

You may cancel the Agreement immediately if We have committed a material breach of the Agreement, You have given Us written notice of that breach, and We have failed to remedy the said breach within fourteen (14) days of Your notice.

If You wish to cancel the Agreement in accordance with Clause 10.1:

You must inform Us by email at hello@storiesfromhome.co.uk; and

provided We agree that You are entitled to cancel the Agreement under Clause 10.1, We shall refund You for any Fees paid for The Story Strategy that You have not yet received, as at the date of Your cancellation.

Any refunds made under Clause 10.2 will be made using the same payment method You used when placing Your order.

With the exception of the cancellation rights set out in Clause 10.1 above:

You shall not be entitled to cancel the Agreement at any time during the Term; and

You shall not be entitled to a refund of the Fees (or any part thereof).

We shall have the right to terminate the Agreement immediately if:

You breach any of the terms of the Agreement including but not limited to:

Your obligations as set out in Clause 6;

Your obligation to pay the Fees (and any instalments) in full and on time, in accordance with Clause 7; or

Your obligations in respect of the Confidential Information (Clause 8) and Our Intellectual Property (Clause 9);

You cease to carry on business, are declared bankrupt or enter into an insolvency or administration procedure or voluntary arrangement or composition with creditors; or

You have in our reasonable opinion acted in such a way as might affect Our goodwill or reputation, or our ability to deliver The Story Strategy to you or any of Our services to other clients.

If We terminate the Agreement under Clause 11.1:

any outstanding Fees shall immediately become due and payable by You; and

You shall not be entitled to any refund of the Fees (in whole or in part).

We shall have the right to terminate the Agreement if an Event Outside Our Control occurs that continues for more than 60 days, or if We are unable to provide or continue to provide the The Story Strategy due to the non-availability of the necessary personnel and/ or materials, or for technical reasons.

We shall have the right to terminate the Agreement, at any time and for any reason, on 14 days written notice.

If We terminate the Agreement under Clause 11.3 or 11.4, You shall only be required to pay the Fees for any The Story Strategy that We have already provided as at the date of termination.  This sum will be deducted from any refund of Fees due to You.  Any refunds made under this Clause 11.5 will be made using the same payment method You used when paying the Fees.

Upon cancellation, termination or expiry of the Agreement:

any outstanding Fees due from You to Us under the Agreement shall become immediately due and payable;

the licence granted to You by Us under Clause 9.2 shall terminate immediately;

You will cease to have access to the Mentoring Materials, The Nest membership programme and the Recordings;

You undertake (if We so request) to destroy any soft or hard copies of the Mentoring Materials and any Recordings that are in your possession, custody or control, and to confirm to Us in writing that You have done so;

You and We agree not to engage in any conduct or communications, public or private, intended or likely to have the effect of disparaging the other or damaging their interests;

all clauses of the Agreement which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain in full force and effect;

termination or cancellation shall not affect any remedy which the terminating party may have in respect of the event giving rise to the termination or cancellation or in respect of any breach of the Agreement which existed at or before the date of termination; and

subject as provided in this Clause 12, and except in respect of any accrued rights, neither party shall be under any further obligation to the other.

We make reasonable efforts to ensure that any Mentoring Materials we provide are accurate, complete and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) in this regard.  We are under no obligation to update the Mentoring Materials after they are provided to You.

We shall not be liable to You for any inaccuracy or misleading information provided in the course of The Story Strategy and/ or in the Mentoring Materials, or for any reliance by You on any such information; any loss or corruption of data or hardware; any loss of profit, loss of business, interruption to business, loss of business opportunity, loss of goodwill or reputation or any other indirect, special or consequential loss or damages.

Our total liability to You in respect of any claims arising out of or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total Fees paid by You to Us under the Agreement.

Nothing in the Agreement seeks to exclude or limit Our liability for death or personal injury caused by Our negligence, or for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded by English law.

The provisions of this Clause 13 shall survive the termination or expiry of the Agreement.

We shall not be liable for any failure or delay in performing Our obligations under the Agreement where that failure or delay arises from a cause or event that is beyond Our control.  Such causes or events may include, but are not limited to: power failure, internet service provider failure, service interruptions on the Platform, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic, pandemic or other natural disaster or any other event that is beyond Our reasonable control.

All personal information that You and We may use shall be collected, processed and held in accordance with the provisions of the Data Protection Legislation and the data subjects’ rights (including the rights of the parties to the Agreement) under the Data Protection Legislation. 

For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to the Privacy Policy on Our Site.

You hereby consent to Us holding, processing and accessing Your personal and sensitive personal data for all purposes relating to provision of the The Story Strategy under the Agreement, in accordance with Our Data Protection Policy and this Clause 15.

If You wish to contact Us about any aspect of Our service, or to serve any notice under the Agreement, You may do so by email at hello@storiesfromhome.co.uk.

No failure or delay by Us in exercising any of Our rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by Us of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

We may transfer (assign) Our rights under the Agreement to a third party (this may happen, for example, if We sell Our business).  If this occurs, You will be informed by Us in writing. 

You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission.

We shall be entitled to perform any of Our obligations under the Agreement through suitably qualified and skilled sub-contractors.

The Agreement is between You and Us.  No part of the Agreement is intended to benefit or confer rights on any other person, and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.

Subject to the above provisions of this Clause 18, the Agreement shall continue and be binding on Your and / or Our transferee, successors and assigns, as required.

In the event that one or more of the provisions of the Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement.  The remainder of the Agreement shall be valid and enforceable.

The Agreement contains the entire agreement between You and Us with respect to its subject matter and supersedes and extinguishes all previous agreements, assurances, warranties, representations and understandings between You and Us with respect to its subject matter.

You and We acknowledge that, in entering into the Agreement, You and We do not rely on any representation, warranty, assurance or other provision (made innocently or negligently) except as expressly provided in the Agreement, and shall have no remedies in respect thereof.

We may revise these Standard Terms & Conditions from time to time.  If We make changes to these Standard Terms & Conditions which will materially affect Your rights or obligations under the Agreement, We will give You written notice of the changes before they take effect. 

Complaints and Dispute Resolution

You agree that if You have any complaints or issues with The Story Strategy or services provided by Us or on Our behalf, You will contact us as soon as possible and work collaboratively with us to attempt to resolve those issues in a constructive way. 

If You and We are unable to resolve any issues informally in accordance with Clause 22.1, then any dispute, controversy or claim between the You and Us arising out of or in connection with this Agreement (a “Dispute”) shall be resolved in accordance with the remainder of this Clause 22.

In the event of a Dispute arising, either party shall give the other party written notice of the Dispute, setting out its nature and particulars (a “Dispute Notice”) together with the supporting documents.

On service of the Dispute Notice, You and We shall attempt in good faith to resolve the Dispute by negotiation.

If the Dispute is not resolved within 90 days after service of the Dispute Notice, the Dispute shall be finally resolved by the courts of England and Wales in accordance with Clause 23.

This Agreement shall be governed by and construed in accordance with the laws of England and Wales. 

Any dispute, controversy or claim between the parties arising out of or in connection with this Agreement shall fall within the exclusive jurisdiction of the courts of England and Wales.