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

1. Definitions and Interpretation

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

2. The Contract

You should read and accept these terms and conditions prior to booking a power hour. You accept that by booking a power hour with us you agree to be bound by these terms and conditions.

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 in accordance with these terms. The order will only be deemed accepted when we issue you with an invoice or we begin provision of the services at which point a contract will come into existence 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 to the you the services; and perform the services with a reasonable level of skill and care in accordance with a degree of skill, diligence, prudence and 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 power hour consultation is provided “as is” and without warranties of any kind, either expressed or implied.

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

The time allotted for your appointment is fixed, therefore late arrives will result in a reduced amount of consultation time.

4. Fees and Payment

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

The fees are as stated on our website and 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.

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

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 power hour booking. Failing to pay for a booked power hour session may affect your access to future power hours.

5. Rescheduling

You can change your booking providing changes are made via the online booking system and providing those changes are made at least 24 hours prior to the scheduled consultation.

Requests to change a booking that are received within 24 hours of the original scheduled Power Hour will be charged as a new booking and 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, and, 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 and 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 to us all outstanding unpaid invoices and interest and, 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 and 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; and
• Clauses which expressly or by implication have effect after termination shall continue in full force and 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 agreement; and;
• 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 disaster, or any other event that is beyond our control, and we shall be entitled to a reasonable extension of our obligations. If the delay persists for such time as we consider unreasonable, we may, without liability on our part, terminate the contract.

10. Communication and Contact Details

If you experience any connection issues please contact us using the details below.

We are committed to providing you with a high-quality service that is both efficient and effective. 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, and client records and that is not generally known in your industry and where the release of that confidential information could reasonably be expected to cause you harm.

All written and oral information and 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 and, 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 and any secondary legislation in England and wales relating to the processing of personal data and 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 and telephone number) will be collected, used and held in accordance with the provisions of data protection legislation as defined above.

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

We reserve the right, for promotional activity, training, or any other business purpose, to mention 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 and 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 and effect.

The failure by us at any time or for any period to enforce any one or more of these terms and conditions shall not be a waiver of them or a waiver of the right to enforce such terms and 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 and Jurisdiction

This Contract shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

Last Updated: May 2021