Terms & Conditions
James Nicholson Marketing Ltd Terms & Conditions
These terms and conditions apply to online purchases and purchases made at live events.
1. Information provided on this form gives James Nicholson Marketing Ltd permission to communicate with you via mail, email, fax, phone, text and social media to relay special offers, announcements and information you may find valuable to your business. Your information will not be shared with third parties under any circumstances.
2. The product or service you have purchased contains confidential, copyrighted information that may not be copied or reproduced without prior written consent from James Nicholson Marketing Ltd.
3. Occasionally we will send you written reports and emails outlining special events, offers and information relevant to your industry needs. You may ‘opt-out’ or unsubscribe from these by following any unsubscribe instructions in our correspondence to you. After doing so, you will no longer receive any specific correspondence that you have unsubscribed or opted out from unless you open a new account, enter a contest or opt in again to receive such correspondence.
4. Cancellations or Variations by the client – All sales/bookings are considered final once payments are processed and any outstanding balance will remain due irrespective of whether the product/service overleaf is consumed or not. You must confirm your attendance date for any live training purchased within 21 days of date overleaf by emailing firstname.lastname@example.org or your booking can be rendered void. Once your date for attending is registered and confirmed, it cannot be transferred or changed. Under certain reasonable circumstances, James Nicholson Marketing Ltd can consider a transfer if the request is received in writing. There will be a transfer fee of £500 (plus VAT) if the request is made less than 8 weeks before the training is due to take place.
5. Product Return (where applicable) – All products must be returned to James Nicholson Marketing Ltd undamaged and in a resalable condition. James Nicholson Marketing Ltd and its agents will not be held liable for any damages incurred during the shipment of these products back to us. You must also provide in this refund request the shipping information i.e. company/courier name, contact details and tracking number if applicable.
6. Satisfaction Guarantee – Where stated at point of sale, any satisfaction guarantee offered on any live training must follow this procedure. At the end of Day 1, if you are not entirely satisfied with the training and can demonstrate how it does not meet your needs, you can request a full refund. This must be received in writing prior to the commencement of Day 2 of the training. If you attend any part of the live training after this, your satisfaction guarantee request will be cancelled and deemed void. Payments for the programme must be completed in order to be eligible for the satisfaction guarantee.
7. Approval of Satisfaction Guarantee request – There will be no consideration or authorisation of a refund or cancellation without all above requirements being met. Upon approval, where applicable, all products must be returned to James Nicholson Marketing Ltd and payments made under this contract of sale which are due back to you will be refunded within 14 business days.
8. Consequences of Failure to Pay – If payment is not made by the client within the agreed time limits set out overleaf, James Nicholson Marketing Ltd will treat this as a breach of contract and therefore be entitled to end any offer of training, products or services and retain any sums already paid. Any outstanding payments will remain payable to James Nicholson Marketing Ltd and can be passed onto a third party collection agency to enforce payments due. This is without prejudice for James Nicholson Marketing Ltd’s rights to claim damages from the client in respect of any loss suffered by James Nicholson Marketing Ltd.
9. Price – All prices stated overleaf are inclusive of VAT at the current rate unless otherwise stated. The overall price must be paid when stated, at time of order prior to goods and/or services being received as per signed agreement. James Nicholson Marketing Ltd reserves the right to suspend services due to failed payments and without prejudice, reserves the right to claim damages for any subsequent losses caused by failure to pay as agreed. The agreed fees will be paid by the client in accordance with any payment plan agreed with James Nicholson Marketing Ltd, its representatives or any finance company. These fees will remain payable irrespective of whether the purchased program or product is completed or consumed/utilised or not. This will also be the case should the client change their minds and still has an outstanding balance due to James Nicholson Marketing Ltd, its representatives or any finance company.
10. Alterations to advertised packages – All advertised packages are subject to availability. Every reasonable effort will be made to adhere advertised packages James Nicholson Marketing Ltd. Any packages may be altered or omitted and/or dates changed either before or after confirmation of the booking. James Nicholson Marketing Ltd accepts no contractual liability where such alterations, omissions or changes occur after confirmation of the booking. James Nicholson Marketing Ltd agrees to use reasonable endeavours (such reasonable endeavours to be strictly subject to the organisers/promoters of events and/or other third parties making alternative packages available and further subject to James Nicholson Marketing Ltd’s right to change the price applicable) to provide a reasonable alternative package and the client agrees to accept such reasonable alternative package.
11. Affiliate/Referral Program – Where stated, James Nicholson Marketing Ltd offer an affiliate/referral program. In order to qualify for and receive affiliate/referral payments, you must be able to prove you referred a client to us, they must pay in full and consume the products/service before any payments are made to you.
11. Law and Construction – The terms and conditions of this contract, for the avoidance of doubt, shall be governed by English Law. James Nicholson Marketing Ltd and you (the client) submits to the exclusive jurisdiction of the English Courts in all matters regarding the contract and its terms or conditions.