These Terms & Conditions are for the purchase & sale of Consultancy Services by Confident Cashflow t/as NK Credit Consultancy Ltd, a company registered in England & Wales under company number 10711415 whose registered office is 75 St Austell Way, Swindon, SN2 2DG.

1. Definitions & Interpretation

In these Terms & Conditions, unless the context otherwise requires, the following expressions have the following meanings:

2. The Contract

Before booking a Focus Session, you should read & accept these terms & conditions. You acknowledge that you agree to be bound by these terms & conditions by booking a Focus Session with us.

These terms & conditions apply to the Contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Your booking constitutes an offer by you to purchase the services under these terms. The order will only be deemed accepted when we issue you with an invoice or begin providing the services; at this point, a contract will exist between the parties upon these terms (Contract).

Previous dealings between the parties shall not vary or replace these terms or be deemed in any circumstances whatsoever to do so.

The parties agree to do everything necessary to ensure that the terms of this Contract take effect.

3. Delivery of Services

We shall provide you with the services; & perform the services with a reasonable level of skill, diligence, prudence, & foresight, which, as at the relevant time, would reasonably be expected from a skilled and experienced supplier of credit management services seeking in good faith to comply with its contractual obligations.

The Focus Session consultation is provided “as is” & without warranties of any kind, either expressed or implied.

We disclaim all warranties, expressed or implied, including but not limited to the implied effectiveness of the ideas or strategies.

For Online & in-person Focus Sessions, the time allotted for your appointment is approximately 1 hour, give or take 20 mins. If we reach a natural conclusion before the end of an hour, no refund will be given for time not used. If we look like we will run over by more than 20 mins, you will be invited to book another Focus Session. The clock starts from the appointed session start time; therefore, late arrival will result in reduced consultation time.

For in-person All Day Focus Sessions, all day includes travel time & regular breaks.

4. Fees & Payment

Bookings for the Focus Session are non-refundable. Clients who fail to show up for the Focus Session consultation at the designated time will forfeit their payment in full.

The fees are as stated on our website & may be subject to change.

The fees, as stated on our website, do not include Value Added Tax (“VAT”). Any VAT required will be charged to you in addition to the price. Our VAT registration number is 271332623.

For in-person Focus Sessions, travel will be charged at 45p + VAT per mile for any distance beyond 30 miles of SN2.

An invoice will be sent upon receipt of your booking & must be paid in full by the due date specified on the invoice. This will be at least 24 hours before the appointment date & time.

We accept payment by bacs/faster payment. Our bank details are on our invoice.

If payment of the price or any part thereof is not made by the due date, we will cancel your Focus Session booking. Failing to pay for a booked Focus Session may affect your access to future Focus Sessions.

5. Rescheduling

You can change your online booking, providing changes are made via the online booking system & providing those changes are made at least 24 hours before the scheduled consultation.

To reschedule an in-person Focus Session, please contact us at least 48 hours before the session date & time.

Requests to change a booking that is received outside of these notice periods will be charged as a new booking, & no refund will be given for the original appointment.

6. Termination Without Notice

We reserve the right to terminate the Contract with immediate effect in the event of any of the following:

• You pass a resolution for winding up (other than for solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
• You cease to carry on your business or substantially the whole of their business; or

If either Party breaches a material provision under this Contract &, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice of the breach, the non-defaulting Party may terminate this Contract immediately & require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.

All notices of termination of the Contract should be submitted to the other Party in writing.

7. Consequences of Termination

On termination of the Contract for any reason:

• You shall immediately pay us all outstanding unpaid invoices & interest &, in respect of services supplied but for which no invoice has yet been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt.
• The accrued rights & remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; &
• Clauses that expressly or by implication have effect after termination shall continue in full force & effect.

8. Our Liability

Nothing in this Agreement shall exclude or limit either Party’s liability for death or personal injury resulting from the negligence of that Party or their employees, agents, or sub-contractors, for fraudulent misrepresentation or concealment or for any other liability that cannot be in any way excluded or limited at law.

Except as otherwise expressly provided in the agreement:

• Our liability to you in contract, tort, negligence or otherwise arising out of or in connection with the agreement or the performance or observation of its obligations under the agreement shall be limited in aggregate to the monthly charges paid by you to us under the Contract.
• We shall not be liable in contract, tort, negligence, or otherwise arising out of or in connection with this agreement for any economic losses (including, without limitation, any loss of profits, business, contracts, goodwill, revenue, or anticipated savings) or any special, indirect or consequential losses or any destruction of data arising out of or in connection with the agreement.

This indemnification will survive the termination of this Contract.

9. Events Outside of Our Control (Force Majeure)

We shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control. These include but are not limited to, acts of God, power failure, internet service provider failure, industrial action, war, fire, explosion, acts of terrorism, governmental action, epidemic, pandemic or other natural disasters, or any other event that is beyond our control. We shall be entitled to a reasonable extension of our obligations. If the delay persists for such time as we consider unreasonable, we may terminate the Contract without liability on our part.

10. Communication & Contact Details

If you experience any connection issues, please get in touch with us using the details below.

We are committed to providing you with a high-quality, efficient & effective service. If you would like to discuss how our service could be improved or if you are dissatisfied with the service you are receiving, please let us know by contacting Nicki Kinton on 07900 834802 or by email at nicki@confidentcashflow.com

11. Confidentiality

Confidential information (the “confidential information”) refers to any data or information relating to your business which would reasonably be considered to be proprietary to you, including, but not limited to, accounting records, business processes, & client records & that is not generally known in your industry & where the release of that confidential information could reasonably be expected to cause you harm.

All written & oral information & material disclosed or provided by you to us under this agreement is confidential information, regardless of whether it was provided before or after the date of this agreement or how it was provided to us.

On the conclusion or termination of the Contract, both parties shall cease to use all copies of confidential information obtained from the other except in so far as the law requires the information be retained, in which event it shall be kept until such period is over &, in any event, kept strictly confidential under the provisions of this clause.

12. Data Protection

‘Data Protection Legislation’ refers to the Data Protection Act 2018 & any secondary legislation in England & Wales relating to the processing of personal data & the privacy of electronic communications, as amended, replaced, or updated from time to time.

All personal information that we may collect (including, but not limited to, your name, postal address, email address, & telephone number) will be collected, used, & held according to the provisions of data protection legislation as defined above.

How we collect, use, & store personal information is set out in our privacy policy.

We reserve the right, for any promotional activity, training, or any other business purpose, to mention that you are our client. As stated above, we will not disclose any confidential information.

13. Other Important Terms

This Contract represents the entire agreement between the parties in respect of the services. It shall prevail over any conditions contained or referred to in any of your documents or otherwise.

If any part of this Contract is found to be void or unenforceable by any court of competent jurisdiction, such part shall be severed from this Contract, which will otherwise remain in full force & effect.

The failure by us at any time or for any period to enforce any one or more of these terms & conditions shall not be a waiver of them or a waiver of the right to enforce such terms & conditions on a future occasion.

You may not assign this Contract or any rights or obligations under it without our prior written consent.

A person who is not a party to the Contract shall have no rights under the Contract pursuant to the contracts (Rights of Third Parties) Act 1999.

14. Governing Law & Jurisdiction

This Contract shall be governed by & construed under the laws of England, & the parties hereby submit to the exclusive jurisdiction of the English courts.

Last Updated: June 2023