Terms and Conditions
Attract: The Live Accelerator
1. Introduction
1.1 The Terms and Conditions set out below (“Terms”) apply to the delivery of business coaching and mentoring services and support, or any related products and services (“Services”) which we, Surge Social LTD (“we”, “us”), agree to provide to you, the purchaser of the Services (“you”, “your”) in exchange for payment of the Fee (as defined below).
1.2. When you sign or electronically accept this Agreement or otherwise place an order to purchase our Services, you will be deemed to accept these Terms, including any Schedules, along with our privacy notice which can be found at www.surgesocial.co.uk/privacy-notice (“the Website”).
1.3. If you access or use any of our free resources provided directly to you or through our Website or sales pages which may include audio files, workbooks, PDFs, introductory or discovery sessions, podcasts or workshops, then these Terms will apply to your use of those, except for the clauses relating to payment.
1.4. Our agreement, which is subject to these Terms, shall begin when signed or electronically accepted by you, and it will continue until the end date set out in Schedule 1 unless it is terminated earlier in accordance with these Terms or we agree in writing to extend
2. The Services
2.1. When we deliver the Services, defined as online training content, we shall ensure that they are as described and delivered with reasonable skill and care, consistent with best practices and standards applicable within the coaching and mentoring industry. In delivering the Services, we may engage the services of our employees, contractors and such other third-party providers as may be necessary.
2.2. Any information, support, materials or guidance we provide to you during delivery of the Services is provided for your general information purposes only and shall not constitute specific legal, medical or financial advice.
2.3. The Services are designed to be delivered remotely and accessed online only, and no alternative will be provided. You will be required to have access to Kajabi, Slack and Zoom to access some of the Services.
3. Your purchase of the Services
3.1. The clauses below set out how a legally binding agreement is formed between us:
3.1.1. you place an order to purchase our Services via our website page;
3.1.2. once your order is placed, we may send you an acknowledgement email, but this does not mean your order has been accepted;
3.1.3. acceptance of your order is at our discretion and may not be accepted in cases where there is an error with the Services description or price, where the Services are no longer available or where we feel that the Services may not be right for you;
3.1.4. if your order is not accepted, we will notify you by email and provide a full refund of any payment you have made in connection with your purchase of the Services;
3.1.5. your order will be accepted, and our legally binding agreement will begin when we send your welcome email.
3.2. In some circumstances, it may be necessary for us to make amendments, revisions or changes to the Services or cancel, amend, change or reschedule any part as is reasonably required. If we do need to make changes, then we will ensure that the Services still match the original service description, except where the change enhances the original description. We shall not be liable for any reasonable changes that are made to the Services.
4. Your responsibilities when we work together
4.1. You agree that you are over 18, that you are legally capable of entering into a legally binding contract and that all information you provide to us is true and accurate.
4.2. You accept that during your use of the Services, you may be required to review and make decisions concerning your personal and home life, business and career, finances, lifestyle, education and development and health and wellness and that any such reviews, decisions or subsequent actions will be your sole responsibility and that we shall not be liable to you if you fail to make any decisions or put into action any plans or strategy.
4.3. You accept that the Services are not a substitute for professional therapy services. If you are currently undergoing medical or other professional help concerning your mental health, then you should provide your practitioner with details of the Services and inform us if appropriate and relevant.
4.4. You will remain responsible for your own emotional state at all times. During your use of the Services, you may be exposed to information or situations that trigger deep or otherwise unresolved emotional responses. It is important that you are mentally well enough to use the Services, and by purchasing them, you are confirming to us that you are and that you will not hold us liable for any emotional distress experienced as a result of your use of the Services. I reserve the right to cease delivery or terminate your access to the Services where I have concerns as to your suitability to safely use them.
4.5. When we work together, you agree to:
4.5.1. be open and honest at all times so that we may understand your specific needs and tailor the Service provision appropriately in response; and
4.5.2. commit to engaging fully with the process and providing your full attention, time, focus and energy to our sessions; and
4.5.3. comply with and respond to any of our requests for information and to take actions, and complete tasks in a timely manner in line with any plan we mutually agree
5. Payment terms
5.1. Client is responsible for the completion of all payment plans associated with products they purchase. We reserve the right to seek recovery of any monies remaining unpaid.
5.2. If we agree to accept payment in instalments, then you must pay the instalments in accordance with the instalment plan as set out in the checkout process. Each instalment that is received shall be credited to the outstanding amount of the Fee owed by you until payment of the Fee is received in full.
5.3. Time for payment of the Fee or any instalment of the Fee shall be of the essence and shall be made without deduction, set off, or any form of withholding except as is required by law.
5.4. If you choose to pay by credit or debit card, then you authorise us to charge your payment method without further notice to you. If it is rejected or fails, but you have still received access to the Services, you agree to provide full payment within 7 days from access to the Services being provided.
5.5. The Fee and any other payments provided to us are non-refundable unless we cancel delivery of the Services (as set out in clause 10.3), in which case you shall be entitled to a partial refund for any of the Services which you have paid for but have not yet received.
5.6. The Fee is calculated based upon our knowledge and experience and the time, preparation, effort and availability of the Services and is not based on your actual usage and/or level of attendance. On this basis, you agree and acknowledge that:
5.6.1. you shall not be entitled to any form of credit to or deduction from the Fee for any no-attendance or lack of usage of the Services on your part: and
5.6.2. the Fee is payable in full and non-refundable save for the circumstances set out in the clause above.
5.7. In light of our clear refund terms set out above, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted. If you have any concerns with the Services, then you agree to contact us by email to team@surgesocial.co.uk and allow us the opportunity to investigate and resolve your concerns. If you choose to pursue a chargeback claim without first contacting us, then you accept that such action shall constitute a breach of these Terms, and you agree to indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with our reasonable costs for dealing with the matter calculated at a rate of £100+VAT per hour.
6. Late Payment
6.1. Without prejudice to any other right or remedy that we may be entitled to, where payment is beyond 7 days overdue, then:
6.1.1. we shall be entitled to suspend delivery of the Services until payment has been made in respect of the outstanding amount; and
61.2. interest shall accrue and be added to your account on a daily basis as from the date payment is due until full payment (including accrued interest) is received. Interest will be calculated on the outstanding Fee at a rate of 5% per annum over the Bank of England’s base rate from time to time.
6.2. In the event payment is beyond 30 days overdue, then we shall be entitled to terminate our agreement and instruct a collection or legal agent to seek recovery of the Fee along with interest and any accrued costs incurred.
7. Complaints or concerns
7.1. It is important to us that you are entirely happy with the Services. In the event you have any complaints or concerns, please let us know by email to team@surgesocial.co.uk and allow us a reasonable amount of time to investigate and resolve your concerns before you take any further action. For the purposes of these Terms, further action includes stopping payment or making any chargeback or similar claim
7.2. Where you do provide us with notice of a complaint or concern, then we will confirm receipt by email and follow our internal complaints handling procedure to investigate and deal with your complaint or concern.
7.3. We reserve the right to vary or re-perform the Services where we consider a concern is justified, and in such case, these Terms will apply to any re-performed Services.
7.4. Nothing in these Terms affects your statutory rights.
8. No Guarantee
8.1. You agree and understand that using and accessing the Services does not guarantee any particular results or success. During delivery of the Services, you will be provided with access to information, resources, people and support, all designed to benefit you, but it remains, at all times, your responsibility to take action and to implement the necessary information received and/or any skills or tools shared. Your success and any results are dependent on factors which are outside our control, and for that reason, we are not able to guarantee that any particular results or success will be achieved.
8.2. We have made every effort to accurately represent the Services. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that you will achieve the same or similar results. Your individual success will depend on many factors, including your background, dedication, desire, and motivation which are all outside of our control and for these reasons, we make no guarantee, representation or warranty with respect to the Services provided
9. Non-solicitation
9.1. For the duration of your access to the Services and for a period of 6 months afterwards, you agree NOT to employ, engage or attempt to induce, employ, solicit or entice away from us any of our employees, contractors or freelancers that were engaged, employed or contracted to us at any point during the time of your access to the Services, without our express consent in writing, such consent not to be unreasonably withheld.
10. Cancellation and Termination
10.1. Our Agreement will terminate on the date set out in Schedule 1, subject to any earlier termination in accordance with these Terms.
10.2. You may cancel and end this agreement at any time by providing us with notice in writing by email to team@surgesocial.co.uk. Please remember that unless the circumstances set out in clause 5.5 apply, no refund will be made, and you will remain liable for full payment of the Fee despite any notice of cancellation.
10.3. We may cancel the agreement where we are unable to continue providing the Services for any reason. In such circumstances, we will provide you with notice in writing and provide you with a refund in accordance with clause 5.5 above.
10.4. We reserve the right to limit or suspend your access to the Services where we reasonably determine that you have acted or behaved dishonestly, fraudulently, or in a way which may have a detrimental effect on our business or reputation, where you are failing to positively engage with the Services, or where you are acting in a way which is abusive or intended to cause offence to us or any of our employees, agents or contractors.
10.5. Where we limit or suspend delivery of the Services pursuant to the clause above, then following such action we shall then arrange a meeting with you to discuss the matter and to determine whether access will be removed permanently. Where we decide to withdraw access permanently, then our arrangement will terminate. Any decision to provide you with a refund will be entirely at our discretion and will be based upon your actions and the level of Service already delivered to you.
10.6. Either of us may terminate our agreement on written notice to the other, with immediate effect if at any time:
10.6.1. one of us commits a material breach of these Terms and, in the case of a breach capable of remedy, fails to remedy that breach within 14 days of being asked in writing to do so. Any request must refer to this clause, provide full details of the breach and confirm that the contract will be terminated if not remedied; or
10.6.2. either one of us becomes subject to bankruptcy, insolvency or similar financial order or proceedings affecting us personally or our business, where applicable.
10.6.3. the Client is no longer running a business in the service or education industry of any kind
10.7. Upon termination for any reason, then:
10.7.1. your access to the Services and any private social media accounts or groups and any other online resources will be removed unless we agree in writing otherwise, and we will not be liable to you for any claims relating to the removal of that access;
10.7.2. any Fee or other monies owing to us will become immediately due and payable;
10.7.3. any provision of these Terms which either expressly or by its nature relates to the period of time after termination and/or the Services have been delivered, shall remain in full force and effect, in particular, clauses 4, 5, 10, 12, 13, 14, and 16; and
10.7.4. you will, upon request, return or destroy any Content or Confidential Information (as defined below) which belongs to us.
10.8. Termination for whatever reason will not affect either of our accrued rights, remedies, obligations and liabilities as at the date of termination, including the right to claim damages for any breach which existed on or before the date of termination
11. Events outside of our control
11.1. We will make every effort to deliver the Services to you, but sometimes, things may happen which are outside of our control (“Events”). Examples of Events can include but are not limited to, acts of god, extremely adverse weather conditions, pandemics, industrial action, lockdown, war or threat or preparation for war, terrorist attack, any act or omission of a telecommunications officer or third-party supplier of services. If an Event happens which causes a delay to the delivery of the Services, then we will contact you as soon as we are able to confirm the details of the Event, the steps we are taking to mitigate the impact and when we expect to recommence delivery of the Services.
11.2. If an Event occurs which continues for longer than 3 months, then either one of us shall be entitled to terminate this Agreement by providing 14 days’ notice in writing. Termination in these circumstances shall be without prejudice to any of our rights in respect of any breach occurring prior to termination. We will not be liable for any loss or damage suffered by you as a result of any delay caused by an Event and any refunds will be considered at our discretion.
12. Confidentiality
12.1. The protection of confidentiality is very important to us, and that is why when you disclose or share any information, it will be kept strictly confidential.
12.2. Where we disclose any information to you, you agree that the information belongs solely and exclusively to us and that you will keep it strictly confidential and not:
12.2.1. disclose, communicate, reproduce or distribute it, or use it for your own benefit, whether personally or commercially, and whether directly or indirectly;
12.2.2. use it for any purposes which are unlawful, would cause harm or distress to another person, or would cause damage to our business or reputation.
12.3. The obligations above exclude any information that was already known to either of us before it was disclosed or where it was already in the public domain, created by one of us, or provided separately by someone else without any breach of these Terms.
13. Intellectual Property
13.1. For the purposes of these Terms, Intellectual Property shall mean all worldwide intellectual property rights, whether registered or unregistered, registrable or non-registrable, including any application or right of application for such rights and shall include copyright and related rights, database rights, confidential information, trade secrets, know-how, trade names, business names, trademarks, passing off rights, patents and rights in designs.
13.2. As part of our delivery of the Services, we may provide you with materials, information, tools, videos, resources, documents, workbooks, data and other content (“Content”). You agree and accept that all Content remains our confidential and proprietary Intellectual Property and belongs solely and exclusively to us.
13.3. You will be permitted to use any Content in connection with your use of the Services, but it should not be copied, modified, reproduced, sold, shared, distributed, published, licenced, disclosed, or used for any reason, whether for commercial gain or not, without our prior written consent and nothing within these Terms constitutes a transfer of any Intellectual Property or a grant of a licence or any right to use unless expressly set out in these Terms or where we have provided our written consent.
13.4. You will be granted a personal, limited, worldwide, non-transferable, non-exclusive, revocable licence (“Licence”) to access, view and use the Content for your private and personal use in connection with your use of the Services and for the purposes the Services are intended for. Your Licence becomes valid upon payment of the Fee and any other monies owing to us, and we shall have the right to withdraw it at any time, without notice, where we reasonably believe you are in breach of the terms of the Licence or any of these Terms.
13.5. You may not, without our prior written consent, make any audio or visual recordings of all or any part of the delivery of the Services. You agree that we may make recordings which may include your image, voice, name and likeness during the course of the delivery of the Services if Sessions take place on systems that allow for recording. Recordings of any Sessions will only be made available to you for the purposes of learning and development in accordance with the scope of the Services. You shall not distribute or share any recordings of the Services provided to anyone else.
14. Your Personal Information
14.1. Any personal information you provide will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation, including the UK GDPR and the Data Protection Act 2018. We shall only process your personal information to the extent reasonably required to enable the proper delivery of the Services and shall retain it only for as long as reasonably necessary to allow completion and delivery of the Services and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your personal information please refer to our privacy notice which can be found at https://surgesocial.co.uk/privacy-notice.
14.2. As part of the delivery of the Services, your image may be recorded in photographs, images or screenshots by us and shared on social media. By accessing the Services and agreeing to these Terms, you are providing your consent for your image to be used. Should you wish to revoke your consent, you can do so at any time by emailing us at team@surgesocial.co.uk
14.3. Any of our obligations arising under this clause and under clauses 12 and 13 above shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings (whether or not in relation to these Terms), to allow us to obtain legal advice, where we have been directed to do so by a court or other body of equivalent jurisdiction or where it is necessary because we reasonably believe you are at risk of danger to yourself or others.
15. Reviews and Testimonials
15.1. If you share comments, information, content, photographs, graphics or images (“Client Content”) you are granting to us, free of charge, permission to use that Client Content in any way as part of our business services, which shall include advertising and marketing.
15.2. When sharing Client Content, you confirm that you have the legal right to share it and that it does not infringe any third party’s intellectual property or other rights.
15.3. If you provide us with a testimonial, review or similar (“Review”), then by doing so, you are providing your consent for us to exhibit, copy, publish, distribute, use on our website or any of my pages, my social media sites or in our advertising and marketing campaigns or email communications, your Review or part of your Review, as we reasonably require to lawfully promote our business. You can amend your consent at any time by email to team@surgesocial.co.uk.
16. Liability
16.1. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.
16.2. We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:
16.2.1. any indirect, consequential or special damages, losses or costs;
16.2.2. any loss of profits, business, data, reputation or goodwill or any such anticipated losses;
16.2.3. any failure to deliver the Services where we are prevented due to an Event or another reason beyond our reasonable control; or
16.2.4. any losses arising from your choice of Services or your use of the Services once delivered.
16.3. We warrant that the Services are of satisfactory quality and reasonably fit for the purposes for which they are intended to be used.
16.4. Save for the warranty set out in the clause above, all warranties and representations are excluded to the fullest extent permitted by law.
16.5. Our entire liability to you shall be limited to the amount of the Fee paid by you at the time loss is sustained.
16.6. During the period that the Services are being delivered to you, and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our business or our reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity for our business.
16.7. In the event a dispute arises in connection with the provision of the Services, which we are unable to resolve following our internal complaints process or otherwise by mutual consent, then we both agree to submit the matter for mediation by a CEDR-accredited independent mediator. In the event a resolution is still not possible 30 days following a mediation decision, then either of us shall be at liberty to commence legal action.
17. Contact between us
17.1. This Services shall be delivered by Surge Social LTD. Our business address is 14th Floor 33 Cavendish Square, London, United Kingdom, W1G 0PW and our business registration number is 11398790.
17.2. Should you wish to contact us, then you can contact us via Slack or email us at team@surgesocial.co.uk.
17.3. If we need to contact you, we will use the email address you provide to us at the time you purchase the Services. If you change your contact email address, it will be your responsibility to notify us so that we can update our records.
17.4. Any reference in these Terms to a notice shall mean notice in writing sent by email to the email address above. All emails will be taken as delivered 48 hours from valid transmission.
18. General
18.1. The failure of either one of us to actively enforce any provision of these Terms shall not constitute a waiver, diminution or limitation of any right (including any enforcement rights).
18.2. In the event any provision of these Terms is deemed to be invalid or unenforceable for any reason, then that provision shall be struck out, and the remaining provisions shall remain valid and enforceable.
18.3. These Terms represent the entire agreement between us and supersede all other negotiations, drafts, correspondence and discussions prior to you purchasing the Services.
18.4. You agree that we have made no other representations to you to induce you into purchasing the Services, and we agree that no modification to our agreement shall be effective unless in writing and signed by us both.
18.5. This Agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument.
18.6. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
19. Applicable Law
19.1. These Terms and any dispute or claim arising out of them (including non-contractual disputes or claims) shall be governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.