Terms And Conditions

The long version

1. Provision of training: Subject to the payment of the applicable fees (set out in clause 2) and subject to the terms and conditions set out herein, Thoughtsmiths agrees to provide to you the services described in this proposal, including relevant course materials.
2. Compensation:
   • On acceptance of this proposal Thoughtsmiths will invoice the client for the full amount for the intervention and facilitation fee where appropriate, which is payable in advance.
   • All costs and expenses incurred by Thoughtsmiths attending to any additional services which were not specifically included in the proposal including but not limited to, extra facilitator meetings and briefing sessions and additional coaching calls will give rise to an additional fee over and above those provided for in the proposal. Such additional services shall be charged at the standard hourly rates of Thoughtsmiths from time to time and invoiced monthly.  All amounts invoiced will be payable in full, without deduction, no later than 7 (seven) days from date of invoice.
   • Thoughtsmiths shall be entitled, at its option to charge interest at the rate equal to the prime overdraft rate as quoted by First National Bank from time to time plus 2% thereon on all overdue amounts.
   • If the attendee is unable to attend, having paid for the course 50% of the paid sum will be refunded.
   • Thoughtsmiths reserves the right to cancel a course at any time without liability. Should this occur you will be given as much notice as possible and will be offered an alternative date or a refund.
3. Absenteeism: If you miss any portion of the programme for whatever reason you will only be awarded the number of training/mentoring hours you actually attend. You can make up your full number of training/mentoring hours privately with Thoughtsmiths trainers/mentors at your own cost.
4. Ownership Rights: The intervention/course is protected by copyright laws and international treaty provisions. Thoughtsmiths owns all right, title and interest in and to the intervention/course including all copyrights, patents, trade secret right, trademarks and other intellectual property rights therein.  Your possession installation or use of the course does not transfer to you any title to the intellectual property in the course and you will not acquire any rights therein except as expressly set forth in this agreement. You may not rent, lease, loan, sublicense or resell the intervention/course.  You may not permit third parties to use or in any way benefit from the use or functionality of the intervention/course.  You may not decompile, disassemble, modify or create derivative works based upon the intervention/course in whole or in part.
5. No Warranty:
   • The intervention provided hereunder is provided “as is”.  Thoughtsmiths disclaims all warranties, either express or implied, including but not limited to implied warranties/guarantees that the intervention/course and documentation are fit for a particular purpose or shall enhance performance. You acknowledge that the success of the intervention/course is entirely dependent on how each individual applies himself/herself to the material and although the intervention/course has been developed and assembled with the highest degree of skill, care and diligence, its success can in no way be guaranteed.  You assume responsibility for selection the intervention to achieve your intended results and for the use of, and results obtained from the intervention/course.
   • The outcomes of the intervention/course depend to a large degree on the factors outside our control. In consequence, no statement in any report or letter is to be deemed to be in any circumstances a representation, undertaking or warranty and no claim whatsoever may be made against us if such statement proves inaccurate.
   • Without limiting the foregoing provisions, Thoughtsmiths makes no warranty that the course will be error-free or free from other failures.
6. General:
   • We are under professional obligation not to disclose to any third party information that is confidential to our client.
   • Recommendations are made in good faith and on the basis of information available at the time.  We accept no responsibility or liability for such recommendations.