C-me Profiling General Terms and Conditions
These Terms and Conditions set out the agreement between Colour Preferences Ltd and our Clients for the supply and usage of products and services
“Agreed Purposes” means the provision of the Services by C-me Profling to the Client in accordance with these Conditions.
“C-me Profiling” or “C-me” means Colour Preferences Ltd T/A C-me Profiling.
“Client” means the company or individual entering into this agreement.
“Commencement Date” means the date that the Client provides written confirmation to C-me Profiling that the Costings have been agreed.
“Costings” means the proposal or quotation provided by C-me Profling to the Client.
“Data Controller”, “Data Processor”, “Data Sub-processor”, “Data Subject”, have the meanings given to them in the Data Protection Legislation.
“Data Protection Legislation” means (i) the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) for so long as the GDPR is directly effective in the UK; and (ii) any other laws, regulations and secondary legislation enacted from time to time in the UK relating to data protection, the use of information relating to individuals, the information rights of individuals and/or the processing of personal data, including without limitation any act of Parliament giving effect to GDPR or otherwise replacing the Data Protection Act 1998.
“Delegate” means any person participating in a Programme arranged by C-me Profiling.
“Delivery Date” means the date that the first Profile Report is provided or the date of the first scheduled consultation call, workshop, training or coaching session.
“Fees” means the consideration payable for any Programme and is subject to the addition of VAT at the prevailing rate as set out in the Costings or as otherwise agreed between the parties.
“Intellectual Property” means all patents, utility models, copyright and related rights, trade marks, business and domain names and any other Intellectual Property rights, in each case whether or not registered and including all applications for and renewals and extensions of such rights and all similar or equivalent rights or forms of protection in any part of the world.
“Profile Report” means the report generated upon completion of a questionnaire sent to a Delegate or Client.
“Programme” means any C-me product(s) or service(s) including profiles, workshops, consultation, coaching or training, arranged by C-me Profiling. A Programme starts on the Commencement Date.
3) Terms of payment
Fees for Profile Reports or any Programme will be invoiced on the Commencement Date, and payable within 30 days of the date of the invoice, or as otherwise agreed.
C-me Profiling reserves the right to require payment for the Programme in full prior to the Delivery Date if the Commencement Date is less than 30 days prior to the Delivery Date.
Where the conditions above are not met, C-me Profiling reserves the right to charge interest at 2% per month above Bank of England base rate until the Fees are paid in full.
4) Cancellation or alternatives
Should C-me Profiling find it necessary to cancel or postpone any programme, the Client will be offered an alternative programme.
C-me Profiling reserves the right to provide an alternative venue and presenter or instructor to those published.
5) Cancellation fees for programmes
Should a Client cancel or alter any element of a Programme, C-me Profiling reserves the right to charge for time and expenses committed on the following basis:
More than 28 days before the Delivery Date, 10% of the Fees and 100% of expenses committed to.
Between 27 and 8 days before the Delivery Date, 50% of the Fees and 100% of expenses committed to.
Within 7 working days before the Delivery Date, 100% of the Fees and 100% of expenses committed to.
6) Consequential loss
C-me Profiling does not accept responsibility for any claims for consequential loss suffered by the Delegate and/or the Client following the cancellation or postponement of a Programme.
The liability of C-me Profiling for the cancellation or postponement of any Programme is limited to the Fees for the Programme.
7) Liability – Property
C-me Profiling does not accept responsibility or liability in respect of loss or damage to any property brought to the premises of C-me Profiling or any other premises used by C-me Profiling for any Programme.
8) Liability – Accident and damage
Whilst on C-me Profiling’s premises or any other premises used by C-me Profiling for a Programme, the Client accepts responsibility for its own behaviour or the behaviour of its Delegate(s) in full and undertakes to indemnify C-me Profiling against damages and/or personal injury caused to its servants, agents or property as a result of its actions or defaults of the actions of its Delegates.
C-me Profiling does not accept responsibility for any harmful act or default by its servants or agents unless such actual default is reasonably foreseeable and avoidable by the exercise of due care on behalf of C-me Profiling as its employer.
9) Data Protection Compliance
Each party should comply with all the obligations imposed on a Data Controller under Data Protection Legislation, whether acting as a Data Controller, Processor or Sub-Processor.
10) Copyright and Intellectual Property
C-me Profiling reserves proprietary rights on all Profiles Reports, Programme notes and material provided for a Client or Delegate and no part of any Programme notes or material may be used, reproduced or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, or stored in any retrieval system of any nature without the written permission of C-me Profiling.
11) Acceptance of terms
No variation can be made to these terms without written consent of an officer of C-me Profiling.
These terms of business are deemed to be accepted by the Client on signature of the accompanying Summary of Scope of Services document, or written approval of Programme, or provision of Purchase Order, whichever is provided first, or on completion of a Profile questionnaire where none of the above is relevant.