Terms Of Use

Terms and Conditions

Unless we agree something different with you in writing, these Terms of Business together with the policies on our Website (which we regularly update) apply when you accept them by placing an order or requesting a free trial. Your Order Confirmation (the email we send you when we accept your order), these Terms and the policies on our website create a legal Agreement between us. Website means www.balancedhq.com, www.bhq.newzenler.com and any other landing page sites which link back to our website.

1 ABOUT OUR AGREEMENT
(1) We are Sue Edwards Consulting Ltd, a company registered in England and Wales, Registration number 13069128 and we operate the Website and our email address is at support@balancedhq.com
(2) You are the organisation or person who is accessing or buying from us and we will contact you using the last contact details you give us on registration or purchase, unless you email us at support@balancedhq.com
(3) You will either be accessing or buying on one or more product and/or Services, as detailed on our Website and/or confirmed in your Order Confirmation or in your Proposal.
(4) Access to our Programmes, Memberships, Workbooks, Checklists, plans and other Products (Products) and some Consulting Services (Services) require you to access the internet and, dependent on the Product you buy (confirmed on our website product details), register and join us using other platforms.
(5) Other than as specifically stated in a Proposal, the contents of our Products are not intended to be personal to you and, as applicable your business, and we encourage you to take any one-to-one or specialist advice and guidance that you feel is appropriate for you and your business.
(6) (a) Since your commitment and participation is your responsibility, we do not guarantee success or results.
(b) Although we always use our best endeavours to try to complete our Services within any Timeline, we can only do this if you supply us with information as and when it is required.
(c) Accordingly, you agree and understand that we are not responsible if, as a result of our Services, you disregard any agreed or recommended action and/or you fail to take any agreed action recommended.
(7) Offers – Any offers we may make available (such as early bird, discount vouchers, codes, special offers, promotions or free trials) are not retrospective, not transferable, cannot be exchanged for cash and are always subject to availability and the terms and conditions of that offer. You can only use one offer per order.

2 WHAT WE DO AND HOW IT WORKS
(1) (a) You must place orders via the website or in response to a Proposal (which is valid for 7 days from the date we send it) which we send to you and both the Website and a Proposal contain a description of what is included, together with the price and payment terms. In particular, where you require any additional Services and/or Products this will incur an additional charge.
(2) (a) You access our Products and Consulting Services by following the instructions which we will give you once we have accepted your order and any agreed payment has been made. Not all Products, include Virtual Sessions and/or group sessions.
(b) However, consumers have cancellation rights (see clause 5(4)) so you will only be able to access our Products during that cancellation period if you have specifically agreed to this.
(c) You should email support@balancedhq.com if you have any problems, including with accessing Products, so that we can assist you.
(d) Some Products, such as courses and workbooks at your own pace do not include any one-to-one or group sessions. You work through our courses and workbooks at your own pace.
(3) (a) Some Products and Services may include group virtual sessions and the dates and times of sessions, including any rescheduling, will be available to you via the platform that Product uses. We may also choose to email you. Your attendance is your sole responsibility.
(b) Virtual Sessions are conducted using video, web conferencing or using a platform (such as Zoom) or other similar technology. Where you agree to virtual sessions then you also agree to the terms and conditions and policies which are relevant to the applicable platform(s) or technology used. Some Virtual Sessions may take place within a group.
(c) We will ask for your permission (consent) before we record any Session you take part in.
(4) Whilst we will always try to ensure that you can access our Products and, as applicable, Services, due to the nature of the internet, we are not responsible if you can’t access the internet, nor responsible for any defect or other consequences as a result of internet access availability.
(5) It is your responsibility to make sure you that your account details (and log-in) are kept secure. If you are aware of or suspect that there is a problem (such as someone else accessing it) you must email us at support@balancedhq.com immediately.
(6) Your access and use of our Products and Services is subject to reasonable use, and in accordance with the description on the website and the licence in clause 2(8) following.
(7) Minimum term – The Order Confirmation may contain a minimum or fixed term which is the minimum time for which we will provide you with the Services.
(8) Licence – Subject to Third Party rights (for example Third Parties own the Platforms we use), we own all the contents and any rights (such as copyright and other intellectual property rights). Provided that you’ve paid any agreed payment, you get a non-exclusive licence (right) to use it for yourself and your own business only, for as long as detailed in the Website description for each Product. Where this is not included on the Website description, for as long as the any Course or Workbook is available on the website. You can’t share it with any other person or organisation or allow them to access or use all or any part of it, nor can you copy, modify or publish it (such as on social media) in any way.
(9) Facebook Groups – (a) Where a Product includes using Facebook or access to a closed Facebook groups, we advise you check the different types of Facebook groups here.
(b) By becoming a member of and participating in a private or closed Facebook group you agree that
(i) you will comply with Facebook’s terms and conditions of use and accept their various policies, including their privacy policy
(ii) access to Facebook groups is reliant on Facebook’s availability
(iii) you understand that your profile is likely to be on our member’s list which is publicly available via Facebook and other members in the group and will regularly review and update your settings to protect your own privacy.
(10) Data Protection (a) Your data is processed in accordance with our Privacy Policy
(b) As relevant, we both agree that we will each process any personal data obtained from or as a result of our Products in accordance with the current Data Protection legislation in England and Wales as well as complying with any obligations that relate to your particular business.
(c) You also specifically confirm agree that you will keep any information (including, but not limited to personal data) that is shared with you whilst you use our Products, for example a Programme or Membership Group, (including that of other participant and members) confidential to that Product and will not share it without the relevant permission.

3 SERVICES OBLIGATIONS YOUR OBLIGATIONS
(1) To enable us to provide services to you, you will always:
(a) Co-operate with us, including co-operation from your personnel, within 4 working days from our request or such longer period that we agree to be reasonable by (i) responding to emails and/or other communications and
(ii) providing any complete data, documents, information and/or materials, support, access to hardware and software (complete with passwords and any other relevant security information) and other facilities we determine to be necessary. Services will be provided appropriate only to data, information, documentation, access to hardware and software and anything which you provide to us.
(iii) where you have not responded to any emails and/or other communications or provided what we require to provide Services to you within 7 days of our communication or request, we reserve the right to pause our agreement on the understanding that we cannot be responsible for any resulting delays. Where this occurs, any payments due will still be payable in accordance with the Proposal.
(b)(i) ensure that any data, documentation, information, access to hardware and software and anything which you supply to us, in whatever format, will be complete, true, accurate and valid, will not breach any rights of any of your personnel nor any third party, whatsoever in nature (including, but not limited to, copyright or other intellectual property rights) and is not contrary to any law and you will neither omit nor withhold any data, information or documentation required nor change any data, information or documentation that would cause it to be, or appear to be, false or inaccurate and you will ensure it is virus-free. Furthermore, you specifically agree to notify us immediately if you become aware of any error or change in respect of anything whatsoever which you have supplied to us.
(ii) understand that it will always remain your responsibility to retain, as applicable, up to date copies and/or back-ups of anything which you supply to us or allow us access to (such as data or documentation) and, unless it specifically forms part of the relevant Proposal, it is not our responsibility to retain any copies or back-ups for you.
(c)(i) expressly give us permission to use any software, hardware and data applicable to the provision of the Services and
(ii) to give your permission to deal with the relevant third party providers and place reliance on the input from third party providers. For the avoidance of any doubt this includes our liaising with third party providers to obtain advice and follow instructions relating to the use of any software required to provide the Services and professionals who are already engaged by you.
(iii) obtain all and any permissions, consents and anything similar required prior to the supply of the Services (for example consent to access software or from joint owners or business partners). Unless specified in the relevant Proposal, you are responsible for any associated costs
(d) Grant us a non-exclusive, worldwide and royalty-free sub-licensable licence for the whole of any agreement between us, if applicable, to access, edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, copy, create derivative works from, distribute, perform, display and otherwise use anything which you provide to us as necessary solely for the purposes of operating and providing our Services to you.
(e) Comply with all and any agreement with any relevant third party providers which relates to the Services.
(f) Be solely responsible for
(i) any participation of and instructions, actions and/or omissions by your personnel
(ii) security and protection of your hardware, software and data
(iii) the use of any Services supplied and confirm that you will use the Services legally and only for the purposes that such Services are intended to be used, complying with all statutes and statutory regulations applicable to the Services and adhering to any applicable Professional Regulations or policies which relate to the Services (g) Where applicable deal with our Nominated Persons.
(2) You will also comply with the relevant Proposal and all and any special terms contained within it. We may refuse to handle in any way data, information or documentation which we, in our absolute discretion, deem to be illegal, offensive or controversial, and in such circumstances, we reserve the right to terminate this agreement without notice.
(3) You undertake to indemnify and keep us fully indemnified at all times from and against any actions, proceedings, claims, demands, costs (to include, without prejudicing the generality of this clause, legal costs), awards or damages howsoever arising directly or indirectly as a result of any breach or non-performance by you of any of your obligations, undertakings or warranties as set out within this Agreement, Proposal or as otherwise agreed with you.

OUR OBLIGATIONS FOR PERFORMANCE OF SERVICES
(4)(a) We will perform the Services to the best of our ability, with reasonable skill and care and to a reasonable standard in accordance with relevant recognised standards and codes of practice. Services are provided based on information provided by you and within the relevant Proposal
(b) Our Services do not constitute any legal or financial advice and you are advised to take your own independent advice before making any decisions
(c) Timelines and limits provided are estimates only because we depend on your co-operation and input. Please see clause 3(1). We are committed to ethical business and we will use our reasonable endeavours to supply the Services within any estimates provided but we will not be liable for any consequences, expenses, damage or any loss whatsoever suffered because of any unavoidable or reasonable delay, including third party involvement and any failure on your part or where we, at our sole discretion, determine that the Services cannot proceed because it would be unethical or inappropriate to do so.
(5) In order to effectively supply the Services, we reserve the right to suspend Services and to procure the services of any other persons and/or organisations with suitable skills and experience and use alternative venues as may be necessary from time to time.
(6) Where specified on any Proposal we deal with your Nominated Persons as we provide the services to you and we reserve the right to refuse participation or not to work with any specific individual.
(7) We make no warranty against electronic virus, worms or any other fault or defect or problems which may occur or as a result thereof, of anything we send to you. (8) Except as expressly stated in these Terms and any relevant Proposal, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the Services to be provided by us.
(9) If we have specifically agreed to supply any data, information, report or documentation, they will be in whatever format and contain the information that we, in our sole and absolute discretion, deem appropriate.
(10) We reserve the right to include a reference to having provided Services to you (but not the exact nature of those Services) as part of any promotion and marketing of our business.

SERVICES – CONFIDENTIALITY
(11) Both of us agree that the data, documentation and information obtained from each other or about each other during the provision of the Services is confidential. However, you may share this with your legal or financial representatives on the basis that it is used only to provide advice to you, and they will comply with their own professional obligations regarding confidentiality.
(12) Other than to provide the Services, we both agree that we will not disclose to any third party, whether by ourselves directly or indirectly, by act or omission or through any other company, firm or person, or otherwise procure, cause or facilitate the disclosure of any confidential information or trade secrets belonging to the other party, save as agreed by both of us or as required by law or Court Order.

4 PAYMENT
(1) (a) Details of how to pay for our Products, which are as shown on the website and your Order Confirmation are inclusive of any applicable VAT. Subject to any consumer rights, deposits are non-refundable.
(b) Any deposits paid are non-refundable.
(2) You will have to pay extra if you ask for any additional support, services or products which are which is not part of the Products or Proposal. We will agree a price and payment terms with you before giving any products and/or services.
(3) You must pay in GBP using the methods shown on the website.
(4) Instalment Payment Option – sometimes we offer an Instalment Payment Option so you can spread the cost. This is not a credit agreement regulated by the Financial Conduct Authority so:
(a) You can only have an Instalment Payment Option for a fixed amount of money and to buy specific products from us and
(b) You must pay in 12 or less instalments over a 12-month period and
(c) We do not charge any interest or charges for instalment payments, other than default charges you incur, such as if your payment is late.
(5) Prompt Payment Discount sometimes we offer a Prompt Payment Discount so you pay less (get a discount) if you pay quickly and if this is available, we will tell you (a) What discount is (usually a % off) (b) The date and time you have to pay by so you can take advantage of the discount (c) that you can only recover the amount of VAT that you pay.
(6) Payment Problems – If there’s a problem with payment, such paying late, we reserve the right to (a) immediately, and without liability, either stop or suspend your access to our Products until we receive full cleared payment. You will not have any right (to use etc) until as we have received full cleared payment for all money outstanding to us. (b) charge interest at the rate of 15% per annum from the date that your payment is due until we get full cleared payment of the outstanding amount, together with any statutory late payment penalty available. We may also recover reasonable costs including, but not limited to, legal costs and expenses incurred in obtaining payment.

5 ENDING OUR AGREEMENT – INCLUDING CONSUMER RIGHTS
(1) Unless either of us ends our agreement early in accordance with this clause, it will end once the Product is delivered (available) to you.
(2) Complaints - You should write to us by email to support@balancedhq.com or post using the address in clause 1(1) about any complaints, giving us as much detail as you can and allow us up to 30 days without withholding any payment to us so that we can work together to resolve it.
(3) Otherwise, if either of us commit a material breach (fails in any important obligation and either:
(a) it can’t be remedied; or,
(b) it can be remedied but it hasn’t been within 30 days of written notice of the failure by the other party, then the party who hasn’t failed in any of their obligations can immediately end the agreement by giving written notice to the other.
(4) Consumer Cancellations – Consumers (defined in s2(3) of the Consumer Rights Act 2015 as individuals acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession) who buy at a distance (such as by email or phone or from a website) have the right to change their mind and cancel some orders, (including digital content in our portal). If this law applies, then you usually have 14 days from the date after you place your order to cancel the order. However, once you agree to access our Products (Digital Content) you lose any consumer cancellation rights that may have been available to you.
(5) Other termination – Other than as detailed in clauses 5(3) and 5(4), either of us can give 30 days’ written notice to the other to end our agreement. If you end our agreement, then unless we have agreed otherwise, or Consumer rights apply:
(a) If you have made any payment for a deposit or pre-paid fees or services then this is non-refundable.
(b) (i) You must immediately pay for any fees which have not already been fully paid for. This includes paying for the whole of or any minimum period of the Product and/or Services which we have agreed.
(ii) When your agreement with us terminates you are also responsible for payment due for any third party costs to which you have previously agreed.
(6) Our agreement will also automatically end if either of us, as applicable, passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction) or a court of competent jurisdiction makes an order to that effect, or ceases to carry on its business or substantially the whole of its business, or is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors, or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

6 GENERALLY
(1) LIMITATION OF LIABILITY - In so far as the law allows, we will never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by you or anyone else, however it was caused. If, we are found liable in any way then your claim would be limited to damages which will not exceed the amount you paid for the Products and/or Services to which your complaint relates.
(2) Assignment – You specifically agree that you cannot transfer, sell or share any rights provided by our Agreement in any way and nobody else can benefit but you without our express written consent.
(3) Third party rights – Nothing in our Agreement is intended to give any benefit to any third party, including any right to enforce any Agreement with us.
(4) Nothing in our Agreement creates a partnership, joint venture or agency relationship between us.
(5) Notices must be sent to us using the email and/or postal addresses provided in the Order Confirmation unless we write to with a change, or you email us to support@balancedhq.com. Notices are deemed to be received when sent by
(a) email – on the working day on which they were sent, provided the sender has a valid successful delivery receipt.
(b) post using any tracked service – on the date that the relevant postal service obtains a record of receipt from or on behalf of the addressee.
(6) Force Majeure – Neither of us will be liable for any delay or failure to perform any obligations if the delay or failure results from events or circumstances outside our reasonable control, including, but not limited to, acts of God, accidents, war, fire, strikes, lock outs, communication failure, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we are entitled to a reasonable extension of time to fulfil our obligations.
(7) Waiver – Nothing in our Agreement and no express or implied waiver (giving up of any right) will stop us from enforcing any of our rights in the future.
(8) Invalidity – Each clause or any part at all of our Agreement is to be regarded as independent of the others. This means that if any clause or any part at all of our Agreement is be found to be unenforceable or invalid, it will be severed and will not affect the enforceability or validity of the rest of our Agreement.
(9) Governing Law and Jurisdiction – Our Agreement shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.