TERMS AND CONDITIONS
1. DEFINITIONS
“We” / “Us” / “Our” / “the Coach”
Sergio Sarkis Ltd (Limited Liability Company)
of 20 Gloucester Rd, South Kensington, London SW7 4RB, U.K., Email: sergio@sergiosarkis.com
“You” / ”Your” / “the Client”
Anyone who purchases the Services listed below.
“Sergio Sarkis Ltd Bank Account”
Sergio Sarkis Ltd
Sort Code 20-01-89
Account No. 53204219
Barclays Bank
348 Kings Road
London, SW3 5UR
U.K.
“The Website”
www.sergiosarkis.com
2. SERVICES
The Coach provides different types of services/products (“the Services”):
a) Online pre-recorded video training
b) 1-to-1 Coaching, Psychotherapy and Consultations
c) Talks & Presentations
d) Books
e) Podcast
f) Youtube videos (free)
3. ACCEPTANCE
a) These Terms & Conditions will be deemed to be accepted by the Client on the date payment is made to Sergio Sarkis Ltd Bank Account.
b) The date of payment shall be deemed to be the start date of the Services.
4. PAYMENTS / DISCOUNTS
a) All Payments are made in advance on the website.
b) For individuals - we take online payments for all major credit cards via the payment processor Stripe (a 1.9% Admin fee applies). For companies – we take payment by bank transfer and ask for payment upfront, unless it’s for long-term team projects or is agreed upon.
c) All discounts or coupons are entirely made at the discretion of the Coach. They are valid for a limited time only, which will be outlined clearly to you.
d) There is no VAT to be added to the price.
5. 100% SATISFACTION GUARANTEE
a) If you are unhappy with a digital product, you have 30 days from the date of purchase to request a full refund. After 30 days, you will no longer be eligible for a refund.
b) If you are unhappy with the 1-to-1 coaching, you may request a refund for any sessions that you have not yet had, so long as you have made the request within 30 days of purchase. After 30 days, you will no longer be eligible for a refund. All refunds will be calculated at £150 per 50min for the 1-to-1 coaching. Any discounts applied will be first deducted from any sums due back to you.
c) If you are unhappy with any of these Terms & Conditions, then please contact the Coach to discuss any concerns before your first session.
d) Feedback is invaluable to the Coach and very welcome. All feedback about the services of the Coach can be given during a session, or via email to: sergio@sergiosarkis.com
6. SUPPLY OF SERVICES
a) All fees and charges must be paid in advance before the Services are provided.
b) The Coach reserves the right to amend the Services if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Coach shall notify the Client in any such event.
c) The Coach shall provide the Services using due care and skill.
7. APPOINTMENTS
a) If the Client is late for an appointment, the session will still end at the agreed end time, and the Coach will charge from the agreed beginning time.
b) Meetings may take place at the Client’s premises or at the Coach’s premises. If meetings are at the Client’s office, then the Client will make sure its premises are clean and presentable.
c) In exceptional circumstances, including but not limited to illness, or unavailability due to bereavement, or inappropriate behaviour by the Client, the Coach may decide to terminate the service to the Client early, or be unavailable to provide further sessions to The Client. Under such circumstances, the Coach will communicate the reason for said early termination with the Client in writing.
8. RESULTS
a) The Coach does not offer advice or instructions. Any suggestion(s) made by the Coach is/are made in good faith. Remarkable results can be achieved if the Client chooses to follow their clear plan in a committed way. However, the Client has sole responsibility for taking important decisions in their life or business.
b) As it is the Client’s decision whether to follow the Coach’s suggestions or not, the Coach cannot and does not accept responsibility or liability for the consequences of the decisions of the Client, nor can the Coach, or the agents of the Coach, be held liable for any loss or cost incurred by the Client, or any person related to or associated with the Client, as a result of any services received from the Coach.
9. CANCELLATION POLICY
a) The Client must give written notice of at least 2 working days to cancel or re-arrange before the meeting date. The Coach can re-arrange the date / time for any reason. Any re-arrangements of any meeting time will be at the Coach’s sole discretion.
b) Notice of cancellation must be in writing and sent to the Coach’s address as above by hand or by pre-paid first-class post or other next working day delivery service.
c) Please contact the Coach to discuss any other concerns at the Coach’s address above or via email at: sergio@sergiosarkis.com
10. CLIENT’S COMITTMENTS
a) To pay all sums due in advance in cleared funds to the Coach’s Bank Account, without set-off; counterclaim or deduction. Any sums not paid will be recoverable as a debt.
b) To provide complete and accurate information/materials to the Coach and to co-operate with the Coach at all times.
c) To provide the Coach access to the Client’s premises during meetings that are agreed to be held at the Client’s premises.
d) Where a session is to be held via telephone or Zoom the Client is responsible for making contact, at the agreed time, as well as all making payment of any costs and expenses.
e) To comply with all applicable laws, including health and safety laws, and to secure all necessary licences, permissions and consents that may be required.
f) To keep any of the Coach’s materials, equipment, documents and/or other property of the Coach (“the Coach’s Property”) safe and in good condition until returned to the Coach or otherwise instructed by the Coach.
g) To not share, divulge, copy, distribute, upload, part with, sub-license, assign, transfer, alienate and/or otherwise deal with any materials, images, text, documents, videos, writing, catalogues, proposals, brochures, login credentials, data, website(s) and/or otherwise provided by, or on behalf of, the Coach at any time whether before, during and/or after the formation, duration and/or termination of this Agreement.
h) The Coach will be entitled to suspend performance of the Services if the Client breaches any clause and/or does not perform any of its obligation(s) under these Terms & Conditions.
11. INDEMNITY
a) If you breach these Terms & Conditions the Coach will be entitled to take legal action against you, unless the Coach waives the breach in writing.
b) If the Coach is required to take any legal action against you, then the Coach will be entitled to recover any legal and/or other professional costs directly from you, on an indemnity basis.
c) You will keep the Coach indemnified against all liabilities, expenses, costs and/or claims, arising out of these Terms & Conditions.
12. DATA PROTECTION
a) Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation. In this clause, Applicable Laws means (for so long as and to the extent that they apply to the Coach) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK.
b) To view the Coach’s Privacy Policy, please visit:
https://www.sergiosarkis.com/pages/privacy-policy
This policy explains what the Client can expect from the Coach and what the Coach needs from the Client in relation to personal data. Please read the Privacy Policy carefully as this policy is legally binding when the Client uses the Services.
13. CONFIDENTIALITY
Neither the Coach nor the Client will disclose any confidential information shared between them, unless required by law, a court of competent jurisdiction or any governmental or regulatory authority or use the other party’s confidential information for any purpose other than to perform its obligations under these Terms & Conditions.
14. LIMITATION OF LIABILITY
a) The Coach’s liability for any type of loss and/or damage is excluded from this Agreement. If any liability cannot be excluded, then it shall be limited to an amount equivalent to the sum paid by the Client. Nothing in this Agreement limits any liability which cannot legally be limited, including liability for: (a) death or personal injury caused by negligence; and/or (b) fraud or fraudulent misrepresentation.
b) Unless you notify the Coach that you intend to make a claim under these Term & Conditions within 3 months of the event giving rise to your claim occurring, the Coach shall have no liability for that event. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
c) The Coach may recommend the services of other professionals where appropriate to the Client’s desired outcomes. These services are offered without liability, obligation or redress to the Coach or its employees.
d) The Services provided by the Coach are not a substitute for the advice of a medical doctor, psychiatrist, architect, psychotherapist, accountant, surveyor, lawyer and/or otherwise. Any suggestions made by the Coach do not constitute legal or professional advice, neither is it intended to be.
e) This clause shall survive termination of these Terms & Conditions.
15. JOINT AND SEVERAL LIABILITY
Where the Client comprises more than one person, then those persons shall be jointly and severally liable for the obligations under these Terms & Conditions. The Coach may take action against, or release or compromise the liability of, or grant time or other indulgence to, any one of those persons without affecting the liability of any other of them.
16. ENTIRE AGREEMENT
These Terms & Conditions apply to the exclusion of any other terms, including but not limited to those, implied by law, trade custom, practice or course of dealing.
17. VARIATION
The Coach may at any time vary and/or update these Terms & Conditions from time to time, subject to providing notice to the Client which need not be in writing.
18. SEVERANCE
Any clause in these Terms & Conditions may be severed by a court if found to be invalid, illegal or unenforceable.
19. THIRD PARTY RIGHTS
These Terms & Conditions are agreed between you and the Coach. There are no third party rights. Accordingly, all rights under the Contracts (Rights of Third Parties) Act 1999 are excluded.
20. GOVERNING LAW
a) These Terms & Conditions are governed by the law of England, whose courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings or legal claim of any nature relating to the Services provided or these Terms & Conditions, unless specifically agreed in writing otherwise.
b) Where work takes place outside England, these Terms & Conditions will be governed by the laws of England, unless specifically agreed in writing otherwise.
21. JURISDICTION
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
22. TIMEFRAMES AND DEADLINES
a) The Coach is not responsible for missing any deadline if the Client has:
i. Not provided the required resources and/or access to the Coach;
ii. Failed to respond within reasonable time (2-3 days); and
iii. Not made a payment due under these Terms & Conditions on time.
23. PROHIBITED USE
The Client may not use the Website for any of the following purposes:
a) in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
b) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c) making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
24. REGISTRATION
a) You must ensure that the details provided by you on registration or at any time are correct and complete.
b) You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
c) We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these Terms & Conditions.
d) You may cancel your registration at any time by informing us in writing. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
25. LINKS TO OTHER WEBSITES
a) The Website may contain links to other sites. Unless expressly stated, these sites are not under the Coach’s control of or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for
b) any and all forms of loss or damage arising out of the use of them.
c) The inclusion of a link to another site on the Website does not imply any endorsement of the sites themselves or of those in control of them.
(c) Sergio Sarkis Ltd