TERMS & CONDITIONS OF SERVICE
Thank you for choosing The Speaking Coach. By using our Services, you agree to be bound by these Terms and Conditions.
In these Terms and Conditions:
- ‘Client’, ‘You’ and ‘Your’ means a client registering, purchasing or using the Services of The Speaking Coach;
- ‘Coach’ means the person providing the training;
- ‘Group Lesson’ means a Lesson for more than one Client;
- ‘Individual Lesson’ means a Lesson for one Client;
- ‘Lesson’ means an agreed appointment for Services, including but not limited to Individual and/or Group Lessons and Training Courses, whether online or in person;
- ‘Service’, ‘Services’ means any service that is provided by The Speaking Coach including but not limited to training courses and individual lessons;
- ‘The Speaking Coach’, ‘We’ and ‘Us’ and ‘Our’ means the speech coaching business created and directed by Niall Baker;
- ‘Training Course’ means a series of Lessons for a specific training purpose;
- ‘Website’ means the The Speaking Coach website at URL www.thespeakingcoach.co.nz.
- Clients may schedule Lessons on a Weekly or By Appointment basis.
- Lessons are scheduled, in writing (either by text message or email to The Speaking Coach) at the clients’ request. Previously available lesson times may not always be available. Lessons are regarded as scheduled once written confirmation has been sent by The Speaking Coach.
- Lessons are 60 minutes in length, but longer lessons may be arranged in increments of 30 minutes e.g. 90 minutes, 2 hours.
- Lessons occur either in person at the specified venue in Hamilton or via video conference (Zoom or similar).
- For an initial in person Lesson the Coach will arrange to meet with the client prior to its commencement. If the client does not present for the Lesson as arranged, full payment for the Lesson is required. At the initial Lesson clients will be advised of the location to be used for subsequent Lessons.
Training Courses/Group Lessons
- Training Courses or Group Lessons for more than one individual can be scheduled for specific training needs and will be set for an agreed period of time and frequency.
- We reserve the right to postpone or delay commencement of a Training Course or Group Lesson if the minimum number of participants available to attend is not met. You will be given notice of any such postponement or delay.
- Lessons will generally not be held on National & Auckland Anniversary public holidays, but may by mutual agreement.
- Entry into speech exams is not covered by the Lesson fees, and entries need to be sent by the client directly to the local secretary of Speech NZ or Trinity College.
- We reserve the right to refuse to train anyone who we reasonably believe may be in competition with The Speaking Coach.
- Clients agree to attend all scheduled Lessons, but may cancel or reschedule on notice.
- When a Client is late, or unable to attend a Lesson at late notice (less than 24 hours before the lesson), the Client agrees to immediately notify the Coach directly via text message or phone.
- When a Client does not arrive at a scheduled Lesson at the arranged time, the Coach will remain on-site for 30 minutes. Beyond this time the Coach will be unable to begin a lesson, unless otherwise agreed with the Client.
- Clients acknowledge that if a scheduled lesson has not been cancelled or rescheduled (with at least 24 hours’ notice) it will be invoiced at the full amount. Clients acknowledge that if a scheduled lesson proceeds with a delayed start or early finish (as a result of the Client’s actions), it will be invoiced at the full amount regardless of the length of the lesson.
CANCELLATION / RE-SCHEDULING
Individual Lessons/ Training Courses/Group Lessons
- A Client is able to cancel or reschedule a Lesson at any time with more than 24 hours’ notice. Notice is to be provided by email to firstname.lastname@example.org, by text or phone to 027 6986181. We endeavour to re-schedule the lesson as soon as possible.
- When a Client does not attend a Lesson or cancels without providing 24 hours’ notice, full payment for the lesson will be required, unless a medical certificate is provided.
- If The Speaking Coach cancels a Lesson for any reason, Clients will not be required to pay for the cancelled Lesson and it will be rescheduled as soon as possible. The Speaking Coach will not be liable for any costs incurred by the Client due to cancellation arising from circumstances beyond our control including but not limited to Coach illness.
Course/Training Schedule The availability of courses and dates published on the Website are subject to change without notice. We reserve the right to cancel or alter the dates of any ‘open’ courses due to insufficient numbers of participants.
HEALTH AND SAFETY
- We reserve the right to suspend training where to continue would breach the Health and Safety at Work Act 2015 (“HSWA”), or where continuing might place a Client at an unacceptable level of risk. We reserve the right to refuse to train any person who is deemed by us to be unfit due to health reasons including but not limited to intoxication or behavioural issues.
- In accordance with the HSWA, all Clients are required to comply with any instruction, policy or procedure issued by The Speaking Coach. Failure to comply may result in a Client being removed from the course in the interest of safety.
- Lesson fees are specified on the The Speaking Coach
- Lessons may occur at other convenient locations within Hamilton City by mutual agreement, in which case an additional travel fee may apply.
- Prices may be subject to change; however, 4 weeks advance notice will be given in writing.
- All fees are directly payable to The Speaking Coach by direct banking.
- Invoices for fees will be emailed to the client.
- Payment of fees can either be made on a per lesson basis (i.e. for ‘By Appointment’ Lessons) or for a block (i.e. for 6 Lessons), depending on the Services being provided.
- All invoices must be paid within 7 days of the date of the invoice, unless we agree or specify otherwise. The due date for payment will be specified on the invoice.
- Unless expressly stated otherwise, all fees are inclusive of GST.
DEFAULT ON PAYMENT, INTEREST & LEGAL EXPENSES
- Where an invoice is not paid by the specified due date, a reminder notice will be emailed, with payment required within 2 days of the reminder notice.
- Where an invoice is not paid following the reminder notice, The Speaking Coach reserves the right to terminate future services until the date the invoice is paid in full.
- Where an invoice is not paid following the reminder notice, the Client acknowledges that default interest on the amount outstanding will be calculated at the Principal bank lending rate plus 5% per month, and shall accrue until the date the invoice is paid in full.
- Where an invoice remains unpaid, we may choose to recover outstanding amounts from the Client via a debt collection agency or we may choose to commence legal proceedings against the Client to recover the costs incurred in recovering outstanding amounts.
- All expenses incurred by The Speaking Coach for default in payment, including collection costs from obtaining the services of a debt collection company and/or legal fees in relation to any overdue amount will be added to the Client’s account and they will be liable for its payment.
EXAM RESPONSIBILITY / CLIENT PROGRESS
- The Speaking Coach strives to provide the best possible service. However, The Speaking Coach will not be held accountable or responsible for public speaking or exam success or lack thereof demonstrated by the client. Although The Speaking Coach will do everything in its power to help grades and skill sets improve and support passing of speech exams, The Speaking Coach can offer no guarantee in this regard.
- Learning objectives are discussed and agreed at the beginning of each training program or individual lesson and assessment is conducted throughout the program.
- Course duration may vary based on number of participants attending and level of knowledge and/or experience.
- The Client agrees to advise The Speaking Coach prior to commencing lessons/training of any special requirements including but not limited to health, literacy and cultural requirements.
Pre-Course / Post-Course Requirements
- The Client accepts full responsibility for failure to comply with any pre-course or post-course requirements. This includes, but is not limited to, completing and returning course paperwork, exam preparation etc.
- All Clients must have a level of written and oral English equivalent to NCEA level 1 (year 11) or IELTS 5.5 or higher, to be eligible to enrol on our courses. The person responsible for making bookings or authorising attendance at the course must confirm this prior to acceptance of a Client onto the course. Where a Client does not meet our English language requirement an interpreter must be supplied by the Client or the person responsible for authorising the Client’s attendance. (The interpreter cannot be another client participating in the same course.)
- The Speaking Coach strives to provide the best possible service, which includes keeping Client’s informed about relevant information about public speaking and The Speaking Coach. By becoming a Client, you agree to receive our e-newsletters and promotional emails, in accordance with the Unsolicited Electronic Messages Act 2007. You can unsubscribe by responding to an email sent by us and typing ‘unsubscribe’ in the title. The Speaking Coach will not pass your email on to any 3rd party unless required to do so by law.
COPYRIGHT AND INTELLECTUAL PROPERTY
- All content and materials created by The Speaking Coach are the property of the Speaking Coach. Such content and materials are subject to copyright and any other applicable intellectual property rights and are provided to the Client specifically as an educational aid for use as part of the Services. You agree that you will not publish or distribute any portion of any content or materials without prior written permission from The Speaking Coach.
- The Speaking Coach agrees to keep all information regarding the Client, including but not limited to personal information and exam results, confidential unless otherwise agreed with the Client or required by law.
- The Client agrees to keep all information provided as part of the Services (including but not limited to techniques, materials and advice) confidential unless otherwise agreed by The Speaking Coach. In particular, the Client agrees not to share any such information publicly (by any means) or to competitors of The Speaking Coach.
- If you have a complaint, you agree to advise The Speaking Coach as soon as possible by emailing email@example.com in the first instance.
- The Speaking Coach will endeavour to resolve complaints directly, as soon as practicable.
- If there is a dispute and it is not resolved directly between us, you agree that the matter shall be referred to mediation in the first instance before any further action is taken.
The Speaking Coach Terms and Conditions Version 1.