Andrea Callanan Ltd

The More Business Membership
Terms and Conditions 

 1. DEFINITIONS

1.1 When the following words with capital letters are used in these Terms, this is what they will mean:

Event Outside Of Our Control: is defined in clause 7;
Order: your order for the Services as set out overleaf;
Services: the coaching services that we are providing to you as set out in the Order;
Program: the program you have signed up for
Terms: the terms and conditions set out in this document;
Us/We/Our: Andrea Callanan Ltd        
Client/You:The client

1.2 When we use the words “writing” or “written” in these Terms, this will include email and social media and/or Slack unless we say otherwise.

2. OUR CONTRACT WITH YOU

2.1 You are engaging Us as coaches and mentors for the program and We will provide our Services to You on these Terms.

2.2 Please ensure that you read these Terms carefully and check that your details on the Order and in these Terms are complete and accurate. If you think that there is a mistake on the Order, please contact Us by email. We will confirm any changes in writing to avoid any confusion between us.

2.3 When you submit the Order to Us, this does not mean that we have accepted your Order for Services. Our acceptance of the Order will take place as described in clause 2.4 below. If We are unable to supply you with the Services, We will inform You of this in writing and We will not process the Order.

2.4 These Terms will become binding when We contact you by email to confirm acceptance of your Order, and that We are happy to provide the Services to You, OR if you enroll directly on a course which You have been invited to take part in,  at which point usually a payment will be made by You and a contract will be formed between You and Us. The contract will then continue unless and until the Services have been provided in full or as terminated as set out in these Terms.

3. CHANGES TO ORDER OR TERMS

3.1 We may change these Terms from time to time if there is a change in the relevant laws and regulatory requirements.

3.2 If We have to revise these Terms under clause 3.1, We will give You at least 2 week’s written notice of any changes to these Terms before they take effect. In these circumstances, You can choose to cancel the contract in accordance with clause 8.

4. PROVIDING OUR SERVICES

4.1 Your support is set out in the Program’s curriculum. Your support is for either 6/12/26/52 weeks within the Program’s coaching container, Facebook Group, Kajabi Members Area and in person retreats as defined in the programme contract/agreement.

4.2 The Sessions will take place online or in person at the dates and times agreed between Us and evidenced by our email communications and Online communication either through email, online community members area, Facebook group, Slack or Messenger channel.

4.3 We will make every effort to complete the Services on time. However, We reserve the right to change the date and time for any reason, including ill health, unforeseeable circumstances and circumstances outside of our control. If We have to change the time of a Session, We will provide you with as much notice as possible.

4.4 There may be delays due to an Event Outside Of Our Control. See clause 8 for Our responsibilities when an Event Outside Of Our Control happens.

4.5 If You are not able to attend a 121 Session for any reason (including due to Us changing the date, time or venue), You will not be entitled to any refund but We may at Our discretion offer You a catch-up session.  As You are in a group course, there will always be an opportunity to catch up via recorded sessions.

4.6 We shall provide the Services to You with due care, skill and ability. However, due to the nature of our Services, We do not guarantee any particular results.

5. FEES

5.1 The price of the Services have been set by Us in advance and are set out in the Order. Our prices may change at anytime, but this will not affect Orders that We have previously confirmed with You.

5.2 Where We are providing Services, We may at our discretion give You the option to pay for the Services in full and/or in instalments. Should you choose to pay in instalments, all payments are due on time or You will be removed from the program.

If you choose to pay by payment plan, please be aware that you still owe The Company for the Program fee you have invested in. You are simply paying over a longer period of time. If you default on the payment plan and dishonour your monthly payment, your access will be revoked from the course you have invested in. We reserve the right to implement this if you have defaulted on your promise of payment and this does not affect your statutory rights.

5.3 For all monthly payments, please note that the payment will be taken on the same day every month from the date you joined the program and made Your first payment.

5.3 We will hold Your space in the Program for 7 days from Us confirming that You have a place in the Program. If you have not paid your invoice in full or your first payment in full, in cleared funds, within 7 days from the date of the invoice, your space shall be released.

5.4 If You do not make any payment due to Us by the due date We may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Santander Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay Us interest together with any overdue amount.

5.6 If you miss 2 payments in succession without communicating to us, we will remove you from the program.

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 of Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by You and Us at the time we entered into this contract.

6.2 We do not exclude or limit in any way Our liability for death or personal injury caused by Our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot legally be excluded or limited.

6.3 Our total liability under any law or in relation to the performance (or contemplated performance) of the Contract shall in all circumstances be limited to the total price paid by you for the Services.

6.4 If We are prevented from or delayed in performing our obligations by Your act or omission or by any circumstance outside of Our control, including ill health, We shall not be in breach of the Contract or liable to You for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

6.5 The provisions of this clause 6 shall survive termination of the Contract

 7. EVENTS OUTSIDE OF 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 Of Our Control.

7.2 An Event Outside Of Our Control means any act or event beyond Our reasonable control including without limitation family/health crisis, a failure of public or private telecommunications networks, storm, flood, earthquake or other natural disaster including pandemic and disease.

7.3 If an Event Outside Of Our Control takes place that affects the performance of Our obligations under these Terms:

7.3.1 We will contact you as soon as reasonably possible to notify you; and
7.3.2 Our obligations under these Terms will be suspended and the time for the performance of Our obligations will be extended for the duration of the Event Outside Of Our Control; and
7.3.3 We will restart the Services as soon as reasonably possible after the Event Outside Of Our Control is over.

7.4 You may cancel if an Event Outside Of Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under clause 8. We will only cancel the contract if the Event Outside Of Our Control continues for more than 4 weeks.

8. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

8.1 All payments made to Us for Services are non-refundable.

8.2 Either of us may terminate the Contract if the other is in material breach of any of these Terms and does not correct or fix the situation within 7 days of receiving notice of the breach in writing.

8.3 We may terminate the Contract immediately (without any liability to provide any refund to you) if we reasonably feel that you are not participating fully in the Sessions, that you are disrupting the Sessions or for any other reason where we reasonably feel that your presence is adversely impacting on the Sessions. Please refer to our codes of conduct for group/membership program. If you are engaged in negativity or bullying, you will be removed from the program. If you are found to be discussing confidential details or gossiping outside of the program/membership you will be removed from the program for breach of your Non Disclosure Agreement.

8.4 On or before the date of termination of the Contract, you shall immediately pay any unpaid fees, including any outstanding fees under your instalment plan (if applicable) or other sums payable under the Contract.

8.5 Termination of the Contract shall not affect any rights, remedies, obligations and liabilities of either of us as at the date of termination, including the right to claim.

9. INTELLECTUAL PROPERTY

9.1. You the Client agrees and understands that The Company has created numerous original, creative works in connection with the Program, and agrees that The Company maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Company.

You the Client agrees you will be granted a revocable, non-exclusive licence to use approved  specified materials in the course of his or her own business, as long as you have asked permission for specific exercises that do not require a certification ORbut understands that the original proprietary rights remain with Company and cites the company and coach/mentor in using any materials granted as a point of courtesy.

Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Company to Client, nor grant any licence to use the information, other than that which is expressly provided throughout the course of the Program.

9.2 You acknowledge that The Andrea Callanan/Aligned Coaching Academy Storywork method is not allowed to be used by you under any circumstances without first certifying in the method.

9.3  You the Client agrees and understands you are not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Company or obtained through working with Company, without Company’s express written consent, other than worksheets, and interactive materials specifically provided to Client for personal use.

If such behaviour is discovered or suspected, Company reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.

10. YOUR IMAGE AND TESTIMONY

You, the Client acknowledges that any written,  verbal or video images, footage, audio testimonial or comments on any members platforms, social media or closed communities,  useful to The Company regarding your progression, experience, enjoyment  and development of your coaching and mentoring support can be used for promotional purposes by the Company. The Company will usually inform you from a point of courtesy for video/audio use.