This website is owned and managed by HENRIETTE DANEL COACHING (‘HDC’, ‘us’, ‘we’, ‘our’).
These Terms and Conditions (‘Terms’) relate to the services provided by Henriette Danel, a strategic business coach, and apply to clients, recipients of our services and any and all users of the HDC website (‘Website’), and the HDC application available on Google Play and the Apple app store (‘the App’).
By accessing and using the Website, App or our social media platforms, and/or by purchasing any of our services or digital products you agree to be bound by these Terms, without any modifications and you acknowledge reading them.
- Contractual Relation
1.1 These Terms constitute a contractual relationship between HDC (‘we’, ‘us’, ‘our(s)’) and the client (‘you’, ‘your(s)’, ‘yourself’).
1.2 For the purposes of these Terms, HDC and the client shall collectively be referred to as ‘the Parties’ and individually as ‘a Party’.
1.3 The Parties agree to be bound by these Terms for the purposes of the supply of services by HDC.
- Nature and scope of Services
2.1 Format of Services– We offer services in the following two formats:
i. 1-2-1 coaching program titled ‘Your Client Attraction Program’, which is a series of 12 (twelve) 1-2-1 coaching sessions wherein you will receive 1-2-1 coaching with coach Henriette Danel and will work together on corresponding workbooks
ii. Group coaching and self-study online course materials made available through the App
2.2 The Coach– Coaching is provided by Henriette Danel. For any queries or concerns that you may have about your coaching program please contact Henriette Danel at email@example.com
2.3 All coaching sessions are held online.
2.4 Our services are designed to be used by independent adults who are 18 [eighteen] years of age and above.
2.5 Currently our services cannot be used by those who are below 18 [eighteen] years of age (“Minors”).
2.6 Coaching is a partnership (defined as an alliance, not a legal business partnership) between the coach and a client in a thought-provoking and creative process that inspires the client, to maximise their professional and personal growth. It is designed to facilitate the creation/development of professional, business or personal goals and to develop and carry out a strategy/plan for achieving those goals.
2.7 Through Your Client Attraction Program and the App, you will have access to several strategies aimed at helping you attract more clients. However, deciding how to incorporate the coaching principles and implementing the strategies shared is exclusively your responsibility.
3. Your Client Attraction Program (Terms)
3.1 Scope – Your Client Attraction Program (‘Program’) consists of:
i. a series of 12 (twelve) 1-2-1 coaching sessions
ii. Corresponding workbooks that you will work on together with your coach during each session
3.2 Program Fee
i. The program fee will be communicated to you by coach Henriette Danel during your complimentary VIP session with her (‘Program Fee’). You agree that you will pay the requisite Program Fee in full.
ii. At the time of enrolment, you will have the following two payment options:
a. Payment in Full
b. Payment Plan
iii. If you select the Payment in Full option, please notify us via email at firstname.lastname@example.org
iv. An invoice will be emailed to you, and payment must be made via bank transfer or via any of the other payment methods made available, such as without limitation via PayPal or Stripe. You will find our account details on your invoice
v. If you wish to enquire about our payment plan, please contact us via email at email@example.com
vi. Payment, whether payment in full or the first instalment of the payment plan must be made before the first coaching session. Unless payment is made in accordance with this paragraph 3.2, we will not start the coaching program
vii. Default in payment– If you are on a payment plan with us and fail to pay an invoice by its due date, you will receive a reminder from us in relation to the outstanding invoice amount, and all future sessions will be suspended until the payment thereof. You understand that repeated defaults in payment will entitle us to remove you from the Program. Suspension of your sessions or your removal from the Program due to your failure to pay the requisite instalment or Program Fee does not excuse you from the obligation to pay the Program Fee in full. Notwithstanding our right to suspend coaching sessions, we shall have recourse to legal and equitable remedies, including without limitation the appointment of third party collection services to recover any outstanding amounts owed by you for the Program
viii. Currency– Clients in the United Kingdom will be billed in British pound sterling and clients in all other jurisdictions will be billed in U.S dollars
3.3 Scheduling your sessions
i. When you enrol into our Program, your coach Henriette Denel’s calendar link will be shared with you. The calendar link will show all the slots available, enabling you to schedule 1-2-1 sessions as per your convenience.
ii. We recommend clients to schedule a 1-2-1 session once every two weeks to maintain the flow of the Program. However, should fortnightly sessions not work for you, you will be able to schedule 1-2-1 sessions as per your convenience, as long as all of them are scheduled to take place within 12 (twelve) months from the date of enrolment
iii. 1-2-1 sessions that are not completed within 12 (twelve) months from the date of enrolment will be deemed forfeited, and no refund shall be made available
iv. The duration of each 1-2-1 session is 2 (two) hours
3.4 Rescheduling your sessions
i. Should you wish to cancel or reschedule a 1-2-1 session please notify us via email at firstname.lastname@example.org
ii. You will be able to reschedule your sessions in the same way as you scheduled them originally. You must reschedule all sessions to take place within 12 (twelve) months from the date of enrolment. Sessions rescheduled to take place after the completion of 12 (twelve) months from the date of enrolment shall be deemed forfeited and no refund will be made available
3.5 Cancellation of Service and No Refund Policy
i. You cannot cancel your enrolment once your 1-2-1 Client Attraction Program has already started, i.e., once you have attended your first of the 12 (twelve) sessions of the Program
ii. Failure to show up for sessions once you have enrolled in the Program does not exempt or absolve you from the liability to pay the entire Program Fee
iii. There is a strict no-refund policy for the Client Attraction Program, i.e., once you have attended your first of the 12 (twelve) sessions of the Program, requests for cancellations and refunds will not be honoured by us
4. Henriette Danel Coaching App (Terms)
i. You can also learn how to attract more clients via the self-study Client Attraction Program made available via the App (‘Program on the App’).
ii. The Program on the App is a digital course. The App is currently available on Apple Store and Google Play and is hosted on the passion.io platform
iii. Once you enrol into our Program on the App you will receive access to content and study material which you can study at your own pace.
iv. Coaching Support
- As part of the digital course, you will also have access to 10 (ten) group coaching days with coach Henriette Danel.
- These group coaching sessions will be held via an online video conferencing platform once a month, and you will be notified about the dates via the App.
- The group coaching sessions will be structured as group discussions and coach Henriette Danel will address any questions that you or other participants may have.
- The group coaching sessions are completely voluntary, and so there are no cover-up sessions should you miss one
- You will have access to group coaching sessions for 10 (ten) months from the date of enrolment
v. Access to Henriette Danel Coaching community – When you use the App you will have access to the Henriette Danel Coaching community of fellow women in business who have enrolled in the 6 (six) week challenge and/or the Client Attraction Program on the App
4.2 Program Fee
i. The Program Fee will be indicated on the App (Clients in the United Kingdom shall pay in British pound sterling, and International clients shall pay in U.S dollars)
ii. You agree to pay the requisite Program Fee in full.
iii. At the time of enrolment, you will have the following two payment options:
a. Payment in Full
b. Payment Plan
iv. Payments can be made via the App in either of the following ways:
a. Payment will be charged to your registered debit/credit card through your iTunes or Google Play account (as applicable) when you use the App for the first time and when a subscription renews. A subscription renews automatically unless cancelled at least 24 hours prior to the end of the subscription period. There is no increase in price when renewing. If it is a one-time payment, it will only be charged one time initially.
b. Subscriptions can be managed, and auto-renewal turned off in Account Settings in iTunes or Google Play after purchase. Once purchased, refunds will not be provided for any unused portion of the term. You can read the full Terms of Service of our hosting platform passion.io at https://passion.io/terms-of-service
c. You can choose to pay or set up a recurring payment method manually (i.e., by entering your payment details). The payment processing platform that we use to facilitate in-app purchases is Stripe. You can read Stripe’s End User Terms of Service at https://stripe.com/gb/legal/end-users
d. If you wish to pay for in-App courses and coaching via PayPal or by a BACS transfer, please contact us at email@example.com. PayPal’s End User Terms of Service can be read at https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full
e. When you make an in-App purchase you will receive a confirmation of the transaction via email at your registered email address
f. If you have chosen to pay upfront or by way of a payment plan via PayPal or by a BACS transfer, you will receive corresponding invoices from us via email each time a payment is due
v. Payment defaults– If you are on a payment plan with us and fail to pay an invoice by its due date, you will receive a reminder from us in relation to the outstanding invoice amount, and access to course material on the App will be revoked until the payment thereof. You understand that repeated defaults in payment will entitle us to remove you from the Program on the App and revoke access to online course materials permanently. Revocation of access or your removal from the Program on the App due to your failure to pay the requisite instalment or Program Fee does not excuse you from the obligation to pay the Program Fee in full. Notwithstanding our right to revoke access to course materials and/or to remove you from the Program on the App, we shall have recourse to legal and equitable remedies, including without limitation the appointment of third party collection services to recover any outstanding amounts owed by you to us
4.3 Access to the Program on the App
You understand that the Program on the App may only be accessed by you, i.e., the individual who has enrolled into the program and who is therefore a customer on our records. You warrant that you will not share your username or password to give access to the Program on the App and its course materials to anyone else. You warrant that you will not sell or distribute access to the Program on the App without our prior written consent. If it comes to HDC’s notice that your login credentials were shared with a third-party for the purposes of receiving our services, we will, without any liability cease to provide coaching and will revoke access to any online course materials. In this case you will not be entitled to any refund but will be liable to pay any outstanding Program Fee payable.
4.4 Account Creation
When you enrol into our programs or use any of the services that we provide you may be required to create an account and submit to us your name and email address, so that course materials, and if you have expressly opted in to receive our newsletters and promotional material, they are sent to your inbox. You agree that any such information you provide will always be accurate, correct and up to date.
5. Client Responsibilities
5.1 Please note that you are responsible for your own development and implementing any strategies learnt during the coaching sessions. In every session the coach will run through the workbook with you and may ask you to make notes to document ideas, and action points for your business. You are free to participate in the exercise or decline. The purpose will always be to simplify and dissect business strategies so that you can implement them to attract more clients. However, it remains your responsibility to take forward the actions discussed.
5.2 You shall be responsible for ensuring that you turn up for your sessions on time and that you do not miss your coaching sessions.
5.3 You shall be responsible for providing accurate information to the coach about yourself and your business
5.4 Conduct– You agree to conduct yourself in a dignified and professional manner when engaging with your coach and/or with other program participants. You warrant that you will not engage in any activity that is detrimental to the health, safety and welfare of your coach and/or other program participants or that is disparaging to us. You acknowledge and agree that we reserve the right to remove you from our programs, without liability and/or reimbursement, if we, in our sole discretion determine that your behaviour disparages us, creates a disruption or hinders our programs or the enjoyment of the programs by other participants.
6.1 The Parties agree that neither will engage in any conduct and/or communications with a third party, public or private, designed to disparage the other. Neither you nor any of your associates, employees or affiliates will directly or indirectly, in any capacity make, express, document, post on social media or otherwise communicate in any way any comments that are defamatory or slanderous of us, and/or or support, assist, solicit, or encourage any of the above activities.
7. Data Collected
7.2 For the purposes of Data Protection Laws, the Data Controller is Henriette Danel Coaching
7.3 For the purposes of these Terms, ‘Data Protection Laws’, ‘Personal Data’ and ‘Data Controller’ shall have the following meanings:
a. ‘Data Protection Law’ shall refer to the General Data Protection Regulations (2016/679) (‘GDPR’), the UK GDPR, the Data Protection Act 1998 and/or any other data protection legislation that applies to HDC
b. ‘Personal Data’ shall have the meaning given to it under Article 4 of the UK GDPR, i.e., ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’)
An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person
c. ‘Data Controller’ shall have the meaning given to it under Article 4 of the UK GDPR, i.e., ‘controller’ means any natural or legal person, public authority, agency, or other body, which alone or jointly with others, determines the purposes and means of processing Personal Data
7.4 The primary purpose for which we will collect and use your Personal Data is to provide our services to you and/or for the conduct of our operations. In addition, Personal Data will be collected and used for the purposes of due diligence and identity verification.
7.5 We may make audio and video recordings of your sessions for governance, quality control and monitoring purposes. Audio and video recordings of 1-2-1 sessions will be shared with you only as we believe that having access to your sessions could be beneficial for your progress. Audio and video recording of our group coaching sessions will be shared with every participant of the group. By enrolling yourself and participating in a group coaching session you consent to the sessions being recorded and the information therein being accessible to fellow group members.
We assure you that all such Personal Data will be treated as confidential and will be held strictly in accordance with, and as long as required, under Data Protection Laws and our internal policies and procedures. By proceeding to purchase our services, you consent to HDC making audio and video recordings of your coaching sessions for the above-mentioned purposes.
You warrant that you will not misappropriate, misuse, or do anything in relation to another person’s Personal Data that in any way breaches Data Protection Law.
7.6 Please note that we will not share your information with any third-party unless we have your express written permission to do so or where there is an overriding public interest in disclosing the information without your consent or where your interests in terms of your health and safety over-ride our obligation of confidentiality.
7.7 We may share aggregated anonymised data with third parties in order to monitor our services and to ensure consistent quality and safety relating to the services provided to clients.
7.8 If you have expressly opted in your information may be included in our mailing list in order for us to send you newsletters, updates, and promotional material. We use Mail Chimp as our email marketing platform. You will not receive anything from us via Mailchimp unless you have expressly consented to it. For more details on how Mailchimp deals with Personal Data read their privacy statement available at https://www.intuit.com/privacy/statement/
7.10 You may choose to connect with us on social media. Please remember that when you share information publicly on the website or on social media platforms, for example a comment on a blog post or within social media groups, it may be indexable by search engines, including Google, which may mean that the information is made public.
When you participate in conversations on social media your Personal Data is visible to members of the concerned social media group and to the public in general. Please note that you participate in social media related activities at your sole discretion, and we shall not be liable for the access and use of your Personal Data by third parties, via social media, including circumstances, where third parties contact you or initiate a conversation with you, on social media or otherwise, as a result of your information made available to them via our social media groups or any activity you participate in through our social media platforms or by connecting with us on social media.
8.1 Subject to the client’s consent, HDC may suggest or provide referrals of specialists where appropriate and suitable. We will always make best efforts to ensure that the most appropriate referral and recommendation is made where necessary.
8.2 HDC is aware of its level of competence, and we will advise the client to seek support elsewhere if we feel an issue which arises explicitly or implicitly is beyond our own competence and/or outside the coaching remit (examples include situations that require specific financial or tax advice, counselling, psychotherapy or mental diagnosis).
8.3 Our referrals may not specify a named individual consultant but are made on an ‘open referral’ basis specifying the appropriate specialty.
8.4 We warrant that we do not earn any referral fee. Any referrals made by us will be to serve the clients’ best interests. However, it is in the client’s sole discretion to seek the services of persons recommended by us. Since referrals merely constitute recommendations, we cannot make any warranties as to the quality of services nor can we guarantee that the client will find the referral suitable. We do not assume liability for the referrals we make nor for the services provided by persons recommended by us.
9.1 Follow-up sessions may be suggested on a case-by-case basis. We will recommend and encourage such number of follow-up sessions as we deem necessary to better realise your business goals. However, booking a follow-up session lies at your sole discretion.
9.2 Should you wish to book a follow-up appointment you can do so by writing to us at firstname.lastname@example.org
10. Disclaimer and Limitation of Liability
i. The contents of our Website such as text, graphics, statistics, images, blogs, and any other content made available through our Website (“the Content”) are for informational purposes only. The Content is not intended to be a substitute for coaching, therapy, or specific business strategies.
ii. Our services are focused purely on business coaching for female entrepreneurs who would like to attract more clients. The ambit of our coaching services does not extend to include or be a substitute for therapy, personality or confidence coaching or any professional medical or psychiatric advice, diagnosis, or treatment. Our coaching sessions should not be relied upon as therapy or treatment in lieu of therapy or treatment that one would normally seek from a qualified expert.
HDC therefore assumes no liability if you rely on informative articles and/or Content published and made available on our Website.
iii. The Parties agree that any comments made during our coaching sessions are expressions of opinion only. Also, the results of coaching sessions differ for different individuals and the success of coaching is largely dependent on the client’s own commitment and dedication towards these sessions. In fact, as with any product or service, some customers purchase products or services but never use them, and therefore get no results from their purchase whatsoever. You should not refer to the results gained by others from coaching as each individual’s experience and results will be unique.
iv. The outcomes described during our coaching sessions can neither represent nor guarantee the current or future experience, progress, or success of other past, current, or future HDC clients.
v. Your progress and outcomes are dependent on how you implement the business strategies shared in our sessions. Neither HDC nor coach Henriette Danel in her individual capacity will be liable for slow results or no results due to the inconsistent implementation or your failure to implement the strategies and tips shared in our coaching sessions, challenges, workshops and/or programs.
vi. The direction and structure of our sessions will also largely depend on the information that you provide to us. We shall not be liable for slow or no results from the strategies shared where such strategies were recommended based on the incomplete and/or inaccurate information provided by you.
vii. Lastly please note that while we simplify and break down strategies so that you as a business owner can attract more clients due to various factors including without limitation existing market and economic conditions, buying trends, demand and other the factors mentioned above we cannot guarantee any specific outcomes. HDC and coach Henriette Danel shall therefore not be held liable for the outcomes of programs and/or other services you participated in.
10.2 Limitation of Liability
i. Except as stated in this Agreement/these Terms, we make no guarantees, representations or warranties of any kind or nature, explicit or implicit with respect to the coaching services agreed upon and rendered.
ii. We do not assume liability for the outcome of the coaching sessions, as, the result of coaching sessions depends on a number of factors including without limitation, the client’s own commitment, discipline, motivation and dedication towards their goals and their approach and attitude towards coaching, as well as existing market and economic conditions, buying trends, demand etc. HDC can therefore not be held liable for the outcomes of the programs and other services you participate in.
iii. We are not liable to the client for any indirect, consequential or special damages, including without limitation loss of business opportunity, reputation and/or goodwill.
iv. Subject to the terms outlined in paragraph 10 (Disclaimers and Limitation of Liability) and notwithstanding any damages that the client may incur, our entire liability under this Agreement/these Terms, and your exclusive remedy, shall not exceed the total Program Fee and/or any other fees that you have paid for our services.
v. HDC does not warrant that our services, information, or content included in or otherwise made available to you through our services, servers or electronic communication sent by us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of our services, or from any information or content, included in or otherwise made available to you through our Website or services, including, but not limited to direct, indirect, incidental, punitive and consequential losses and/or damages, unless otherwise specified in writing.
vi. HDC will not be responsible for delays outside its control. If the supply of services is delayed by an event outside our control, such as a Force Majeure Event, we will contact you as soon as possible to let you know and we will take steps to minimise the impact of the delay. Provided that we do this, we will not be liable for delays caused by the event. Should there be a risk of substantial delay (30 days or more) you may contact us to end the supply of services to you or to cancel sessions and receive a refund for any sessions you have paid for but not received.
vii. Our clients are not permitted to use our coaching material and/or programs for distribution to third parties. Should you use our coaching methods and/or our content for servicing third parties we will not be held liable for the consequences thereof.
11.1 At HDC we maintain adequate insurance covers with insurers of recognised financial responsibility against such losses and risks, and in such amounts as are prudent and customary in the business coaching industry.
12. Intellectual Property
12.1 The Parties agree that all the coaching sessions, workbooks, course materials and/or any other content made available to you by HDC are owned exclusively by HDC, and HDC has exclusive ownership over the Intellectual Property Rights thereto. Your Client Attraction Program is HDC’s Trade Mark and is currently pending registration in the United Kingdom. All the Trade Marks, logos and Content published on the HDC Website are the sole and exclusive property of HDC
12.2 You may refer to the Content for reference and information purposes only and/or for the purposes of receiving our services under this Agreement/these Terms. However, you are not permitted to reproduce, publish, distribute or communicate to third parties our Content. Doing the above-mentioned acts without our express consent will constitute a violation of our Intellectual Property Rights, entitling us to seek remedies available at law and equity.
12.3 For the purposes of these Terms ‘Intellectual Property’ refers to creations of the mind such as without limitation, inventions, innovations (whether patentable or not), patents, utility designs, Trade Marks, service marks, goodwill, copyright, Confidential Information, know-how, software, database rights and all embodiments or fixations thereof and related documentation, registrations or pending applications for registration anywhere in the world.
13. Confidential Information
13.1 The Parties hereby acknowledge that during the course of a program/challenge/workshop or during the course of a dealing, the Parties may be given access to each other’s Confidential Information and data relating to each other or each other’s businesses. For the purposes of these Terms, “Confidential Information” shall mean any non-public information shared by one Party with another save and except the exceptions outlined in paragraph 11.2.
For the purposes of this Agreement the Party to whom the Confidential Information belongs shall be referred to as the “Disclosing Party” and the Party to who the Confidential Information is disclosed shall be referred to as the “Receiving Party”.
A Party’s Confidential Information may include without limitation creative content, announcements not yet in the public domain, projects in the pipeline, contracts, research development, product plans, products, services, diagrams, formulae, processes, techniques, strategies, technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, copyright, Trade Marks, trade secrets, customers’ lists, suppliers’ lists, markets, marketing strategies, finances disclosed either directly or indirectly in writing, orally or visually by the Disclosing Party.
13.2 Confidential Information does not include information which:
(i) is or comes into the public domain without the breach of these Terms by the Receiving Party
(ii) was in the Receiving Party’s possession prior to the receipt of such information by it from the Disclosing Party and obtained from a source other than the Disclosing Party without any restriction on disclosure
(iii) Is acquired by the Receiving Party from a third party without any restriction on disclosure
(iv) developed independently by the Receiving Party without using the Disclosing Party’s Confidential Information
13.3 Obligations of Non-Disclosure and Non-Use
Unless otherwise agreed to in advance and in writing by the Disclosing Party, the Receiving Party will not, except as required by law or under a court order, use the Confidential Information for any purpose other than for the purposes of this Agreement. In addition, neither Party will disclose the Confidential Information belonging to the Disclosing Party to any third party nor use it for the benefit of themselves or of any third party.
HDC may disclose the client’s Confidential Information to its employees, independent contractors, free-lancers, consultants, partners, or co-workers (as applicable) on a “need to know basis” only which means that HDC may disclose the Confidential Information only to those of its employees, independent contractors, freelancers, consultants, partners, or co-workers who need to know such information for the performance of services and/or for the conduct of our business.
14.1 In the event you breach your obligations relating to non-assignment of access to the program (paragraph 4.3), Intellectual Property (paragraph 12), Confidential Information (paragraph 13), and/or any other obligations outlined in these Terms and Conditions you shall indemnify HDC against any losses, claims and expenses (including legal expenses) arising from or as a result of your breach.
14.2 Notwithstanding HDC’s right to indemnification as outlined in paragraph 14.1, HDC shall seek legal and/or equitable remedies available to it.
15. Force Majeure
15.1 Force Majeure means any event or combination of events or circumstances beyond the control of a Party which cannot:
(a) by the exercise of reasonable diligence, or
(b) despite the adoption of reasonable precaution and/or alternative measures be prevented, or caused to be prevented, and which materially and adversely affects a Party’s ability to perform its obligations under this Agreement.
A Force Majeure event shall include acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, insurrection, sabotage, epidemic, pandemic, quarantine restrictions, lockdown, government sanctions, labour dispute, labour shortage, power shortage, shortage of raw material, lack of access to any equipment or materials, ceasing to be entitled to access the internet for whatever reason, server crashes, deletion, corruption, loss or removal of data, transportation embargo, failure or delay in transportation, any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency and/or any other analogous event.
15.2 HDC shall not be held liable for any delay or failure to offer services as a result of the Force Majeure event. If HDC is unable to provide or continue to provide services on account of a Force Majeure event, we will refund fees in accordance with paragraph 10.2 (vi), i.e., for consultations and/or sessions that were not completed.
16.1 HDC welcomes all feedback, and you can contact us by emailing us at email@example.com
16.2 Although we strive to provide our clients with the best possible experience, in the event you are dissatisfied with our services we will always endeavour to resolve the issue quickly and easily.
- Contact Henriette Danel Coaching
17.1 Please submit any questions you have about these Terms or your Appointment by emailing us at firstname.lastname@example.org
18.1 If any provision or part provision of these Terms is or becomes invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision or part provision shall be severed from these Terms. Any modification to, or severance of a provision or part provision under these Terms shall not affect the validity and enforceability of the rest of these Terms.
The remainder of the provisions hereof shall continue in full force and effect as if these Terms had been agreed with the invalid, illegal or unenforceable provision eliminated.
- Governing Law and Dispute Resolution
19.1 These Terms shall be governed by and construed in accordance with English law
19.2 While we do not anticipate this and will always strive to make our clients happy, in the event of any dispute arising from or as a result of these Terms, the Parties agree to resolve it by amicable settlement. Should all efforts at amicable settlement fail (such efforts lasting for at-least 30 (thirty) days from the date on which the grievance or dispute arose) the Parties shall refer the dispute to a mutually appointed mediator, and the costs of mediation shall be borne equally by both Parties. The Parties shall uphold the settlement reached at the conclusion of mediation. Should mediation fail, the courts of England and Wales shall have jurisdiction over any disputes arising under the Agreement.
20.1 No waiver of any provision under these Terms shall be effective unless made in writing by the waiving party. The delay by or failure of HDC to require the performance of any term or obligation under these Terms shall not constitute a waiver of such performance. In addition, the waiver by HDC of any breach of these Terms shall not prevent the subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
21.1 We may review, revise, or vary these Terms and the policies referred to within them from time to time to reflect the changing needs of the business and to comply with new legislation. We will try our best to notify clients about any major changes to our Terms and Conditions. As a client you must ensure that you stay up to date with the Terms and Conditions.
22.1 These Terms are to be considered separately, and if any provision(s) of this Agreement should be found by any court of competent jurisdiction to be invalid or unenforceable, these Terms will be deemed to have effect as if such provision were severed from these Terms.
- Exclusion of Third Party Rights
23.1 The Parties to these Terms do not intend that any term under this Agreement should be enforced, by any person who is not a party to these Terms.
- Entire Agreement
24.1 These Terms represent the entire agreement between the Parties. If any employee or agent of HDC has agreed to anything inconsistent with these Terms, these Terms will always take priority.
HDC reserves the right to vary these Terms and we request you to refer to these Terms at regular intervals to ensure that you stay completely updated.