Terms of Sevrice

These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.

General terms and conditions

This site is owned and operated by HodgesNet (the "Business") of Workshed, London St, Swindon SN1 5DG (United Kingdom). If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at [email protected].

1.  The contract between the Business and You (the "Recipient")
   
   
   • The Business must receive payment of the whole of the price for the services that the Recipient orders before any order can be accepted and any work started. Payment of the price for the services represents an offer on the Recipients part to purchase the services, which will be accepted by the Business only when a confirmation of acceptance is sent by the Business. Only at this point is a legally binding contract created between the Business and Recipient. The responsibility of the Business will be to deliver these services to the Recipient to the highest standard possible in line with the Businesses ability. The responsibility the Recipient towards the Business is to deliver content, media, fulfilment of any request for information, sign off, amends and authorisation to publish or make work "live" must always come in either an agreed timeframe on any project or in a timely fashion not affecting the delivery of service to the Recipient.
   • In addition to the general terms and conditions, if the Recipient engages the Business in a results-only capacity, a separate agreement will be established. Under this agreement, the Recipient agrees to share 40% of all online sales generated through the Recipient's Kajabi account with the Business. This agreement will be effective for a period of 2 years following the successful launch of the online course and digital products that the Business will assist in creating and marketing. Every 3 months, a review of the progress made will be conducted. Both parties must agree for the work to continue. If either party decides not to continue, the agreement may be terminated. The termination of this agreement will not affect the Recipient's obligation to share the agreed percentage of online sales generated during the effective period of the agreement. This results-based agreement is designed to align the interests of the Business and the Recipient, ensuring that both parties are invested in the success of the Recipient's online course and digital products.
2. Acknowledgement of your order
    
   • To enable the Business to process any order, the Recipient will need to provide the Business with relevant contact details no limited to name, e-mail address, contact telephone number and full billing details. The Business will notify the Recipient by e-mail as soon as possible to confirm receipt of any order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between the Business.
     
     
3. Accuracy of content
   
   
   • There is no warranty or guarantee on any of the information provided by the Business. The Business will try extremely hard to provide the greatest, most prompt, and most accurate information. However, if the Business publishes information that is wrong in any way, although it's a mistake, the Business cannot be held liable for it (or the results of the mistake) in any way as it will have been signed off by the Recipient. The Recipient will always exercise due diligence and common sense before agreeing or taking any action or level of implementation.
     
     
4. Prices
   
   
   • The prices payable for services that the Recipient orders are as set out on our website, checkout, contract or invoice sent to the Recipient. When required to charge VAT, all prices are inclusive of VAT at the current rates and are correct at the time of publishing.
     
     
5.  Payment Terms
   
   
   • The Business will take payment upon receipt of any order from a credit or debit card entered on checkout, or by direct bank transfer. The Business accepts no liability if services are delayed because the Recipient did not give the Business the correct payment details or if payments are delayed or rejected in some way by our payment processor due to an error with any card details entered. If it is not possible to obtain full payment for the services from the Recipient, then the Business reserves the right to refuse to process the order and/or suspend any further services. This does not affect any other rights we may have.

   • In the case of the results-based agreement, the pricing will be determined based on the online sales generated through the Recipient's Kajabi account. The Business will receive a 40% share of all online sales. The calculation of this share will be based on the gross revenue generated from the sales of the online course and digital products, excluding any taxes, refunds, chargebacks, and fees associated with the payment processing. The payment to the Business will be made on a monthly basis, within 15 days of the end of each calendar month. The Recipient is responsible for allowing the Business full access to their Kajabi account to provide an invoice for the amount due each month. This invoice will be raised on the 1st of each month, or the next working day). The sales report in Kajabi will provide the total number of sales and gross revenue. The Business reserves the right to audit the sales report and related records to ensure the accuracy of the payments.

6. Cancellation
   
   
   • Where the Recipient is a consumer as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 the Recipient has the legal right to cancel any order up to 14 (fourteen) calendar days after the day on which the contract is entered into (the Cancellation Period). On payment of any agreed funds, your contract will commence. The Recipient does not need to give the Business any reason for cancelling this contract. Should the Recipient cancel within 14 (fourteen) days and no meetings have taken place or work commenced, a full refund will be paid upon request minus an admin fee of GBP£180 (or US$250) to cover transactional card charges and administration.
   • Should the Recipient wish to cancel any order the Recipient can notify the Business by email to [email protected].
   • Should the Recipient cancel any agreement after services have begun including any strategic meetings, consultancy sessions or marketing services that will have taken place since the commencement of any agreement, a refund will be granted if requested to a maximum of a 50% (fifty percent) of the sums paid unless otherwise indicated at the point of sale.
   • If the Recipient decides to terminate the services of any ongoing monthly support contract or subscription service provided by the Business, outside of any agreed fixed-term contract, the Recipient may do so by sending an email to [email protected] to serve a 30 (thirty) day notice, no later than 7 (seven) days before the next payment date. The Business will then cancel any auto-recurring charges following the next payment and notice will be worked from the date of your next payment for a period of 30 (thirty) days.
   • All fixed-term agreements must be settled in full even if cancellation of any services is requested.

   • For any results-based agreement, if at the end of any 3-month review period, either party decides not to continue with the agreement, they may terminate it by providing written notice to the other party for work to cease at the end of the current 3-month review period. In the event of termination, the Recipient is still obligated to pay the Business its 40% share of all online sales generated through the Recipient's Kajabi account up until the effective date of termination. Any sales generated after the termination of the agreement will not be subject to the 40% share. Furthermore, if the Recipient fails to make timely payments as per the agreed payment terms, the Business reserves the right to terminate the agreement. In such a case, the Recipient will still be liable for any payments due up until the date of termination and further action will be taken for the collection of these payments due. The Business also reserves the right to terminate the agreement if it finds that the Recipient has breached any other terms of the agreement or if it becomes unfeasible for the Business to continue providing the services under the agreement.

7. Cancellation by the Business
   
   
   • The Business reserves the right not to process, accept or continue providing services for any order or agreement if:
     
     
     1. The Business does not have insufficient staff or resources to deliver the services the Recipient have ordered.
     2. The Business does not provide services to your area.
     3. One or more of the services the Recipient ordered was listed at a previously updated price from that published.
     4. Marketing services are requested that go beyond the scope of ethical marketing practices deemed so by the Business.
     5. Services requested enable the subsequent manipulation or coercion of customers and consumers on the purchase or engagement in products or services provided by the Recipient.
     6. If the Recipient is constantly requesting tasks outside the scope of the Recipients service plan and there is no resolution found in attempting to scale back the requests.
     7. If the Recipient is abusive or rude to any team member or supplier, employed or contracted by the Business.
     8. If issues of payments that may arise from time to time cannot be resolved within 14 (fourteen) days.
   • If the business does not process, continue service provision or accept your order for the above reasons listed in paragraph 7, the Recipient will be notified by e-mail and will cease service delivery due to a breach in these agreed terms.
     
     
8. If there is a problem with the services
   
   
   • If the Recipient has any questions or complaints about the services, at [email protected].
   • The Business is under a legal duty to supply services that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).
     
     
9. Liability
   
   
   • The Business is only responsible for losses that are a natural, foreseeable consequence of any breach of these terms and conditions. The Business does not accept liability if they are prevented or delayed from complying with obligations set out in these terms and conditions by anything the Recipient (or anyone acting with the express or implied authority of the Recipient) does or fails to do, or is due to events which are beyond reasonable control.
   • Furthermore, the Business does not accept liability for any losses related to any business of the Recipients including but not limited to: lost data, lost profits, lost revenues or business interruption.
   • Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights the Recipient might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to the Recipient for any death or personal injury resulting from negligence of the Business.
   • Marketing is always a test and at no point will any employee or representative of the Business guarantee any level of result. Any service agreement entered into by the Recipient is done so after careful consideration and is done so at the risk of zero return on investment for any marketing work undertaken.
     
     
10. Notices
    
    
    • Unless otherwise expressly stated in these terms and conditions, all notices from the Recipient to the Business must be in writing and sent to the Business at [email protected] and will have been deemed received on the date by which we acknowledge by receipt of email by reply to the Recipient. All notices from the Business to the Recipient will either be sent to the Recipient by email or displayed on our website from time to time and will be deemed to have been served on the date they were sent or published.
      
      
11. Changes to legal notices
     
    • The Business reserves the right to change these terms and conditions from time to time and the Recipient should look through them as often as possible as published on www.hodgesnet.com.
      
      
12. Law, jurisdiction and language
    
    
    • This agreement, any content contained therein and any contract brought into being as a result of usage of services of the Business are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
      
      
13. Invalidity
    
    
    • If any part of these terms and conditions is unenforceable (including any provision in which the Business excludes any liability to the Recipient) the enforceability of any other part of these conditions will not be affected.
      
      
14. How the Business may use your personal information
    
    
    • The Business will only use personal information as set out in the Businesses privacy policy available at www.hodgesnet.com
      
      
15. Third party rights
    
    
    • Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
      
      
16. Coaching, Consultancy and Marketing Services
    
    
    • The Recipient enters into this Agreement with the full understanding that the Recipient is solely responsible for creating their own results when needed to implement anything for themselves or provide authority for the Business to implement anything. The Recipient understands that achieving any goals (in whole or part) cannot be guaranteed and no warranties are given with any marketing services, coaching or consultancy.
    • The Recipient will be solely responsible for booking in coaching and consultancy calls and meetings with HodgesNet and it is not the responsibility of HodgesNet to remind or chase clients to do this. With any ongoing agreement, should the Recipient miss a scheduled call or not book a call within the timeframe of their current billing period, no roll-over calls will be counted and this call will have been deemed to be missed. The Recipient is aware that coaching and consultancy is not counselling, psychotherapy, psychoanalysis or any other form of mental health care treatment or therapy, nor is it to be used as a substitute for professional advice by legal, medical, financial, business or other qualified professionals. If appropriate, the Recipient will seek independent professional guidance in the areas indicated and the Recipient understands that all decisions and actions in these areas are their own sole responsibility no matter the outcome.

    • Under the results-based agreement, the Business will provide a range of services to assist the Recipient in creating, launching, and marketing their online course and digital products through the Recipient's Kajabi account. These services may include, but are not limited to, strategic planning, content creation, marketing and advertising strategy, technical support for the Kajabi platform, and ongoing consultancy to optimise the performance of the online course and digital products. The Business will work closely with the Recipient to ensure that the online course and digital products are designed and marketed in a way that maximises their potential for success. The specific services to be provided will be determined based on the needs of the Recipient and may be adjusted over time as part of the regular 3-month review process. The goal of these services is to generate online sales from which the Business will receive a 40% share. However, the Recipient acknowledges that the success of any marketing efforts cannot be guaranteed and that the Recipient is responsible for implementing the strategies and recommendations provided by the Business.

17.  Ethics and Confidentiality:
    
    
    • The Business is run and owned by Ant Hodges, a fully accredited with the Master Coach APC & M Level 4 & 5 qualification through the International Authority for Professional Coaching & Mentoring.
    • Any notes made by any team member of the Business during any coaching or consultancy session or about the Recipient will be kept confidential.
    • The Business will not use or disclose the information the Recipient shares with any team member during any meeting, except as authorised by the Recipient or as required by law.
    • The Recipient understands that on occasion your team contact from the Business may anonymously share generalised information for marketing, training or consultation purposes with other Coaching professionals, clients or in a public forum. The Recipient's identity and any information that could lead to identification of the Recipient or their business will remain entirely confidential.
    • In the event of the Recipient feeling mental, physical or emotional distress (or related ailment or condition) which the Recipient believes to be related either directly or indirectly to any coaching or consultancy sessions, the Recipient will not hold the Business or team member from the Business liable for any loss or cost incurred by the Recipient (or any person related to the Recipient). The Recipient will indemnify the Business and the team member from the Business in the event of any such claim.
    • Except as expressly set out in this agreement the Business will have no liability to the Recipient. This Agreement reflects the entire agreement and understanding between the Recipient and the Business regarding the matters in this Agreement.
      
      
18. Additional Notes - For coaching and consultancy sessions:
    
    
    • The Recipient's intent to change and desire for change will be serious.
    • The Recipient will make every effort to ensure they are at their peak mental, physical and emotional state for each Session.
    • The Recipient will be ready to work and receive feedback. The Recipient will be willing to try new ways of learning, be honest and open, keep to commitments and inform a the Business team member immediately when things are not working for them.
    • The Recipient will be willing to explore, challenge and change thoughts, feelings and actions that the Recipient recognise as self-defeating.
    • The Recipient understands the Business will be focused on the best interest of the Recipient as a whole person, not just the goals and that of the Recipients business.
    • The Recipient is willing to give any team member of the Business the benefit of the doubt and wholeheartedly try new concepts or different ways of doing/approaching things.
    • The Recipient recognises the value and worth of themselves and the investment the Recipient is making in their personal development and business development.
    • The Recipient understands the need to plan the relationship ending in advance to allow for a degree of closure and wrap-up.
      
      
19. Warranty
    
    
    • There is no warranty or guarantee on any of the information provided by the Business. The Business tries extremely hard to provide the greatest, most prompt, and most accurate information. However, if the Business gives the Recipient information that is wrong in any way, although it may be seen as a mistake, the Business cannot be held liable for it (or the results of the mistake) in any way. The Recipient will always exercise due diligence and common sense before agreeing to any actions or levels of implementation. No guarantee of results is warranted with this service contract and all results will be subject to the working out and delivery of all work pertaining to, testing and success of marketing campaigns.
      
      
20. Integration.
    
    
    • This Service Contract contains the entire agreement and understanding by and between the Business and the Recipient and no representation, promises, agreements or understandings, not herein contained shall be of any force or effect unless supported in writing signed by each Party.
      
      
21. Late Payments.
    • In relation to any late payment, services provided by the Business may be ceased with immediate effect. If any invoice is not settled in full by the Recipient, 7 (seven) days past the due date, a 10% (ten percent) late fee will be applied to the outstanding amount and the invoice will be re-issued. All services provided to the Recipient under this service agreement will be paused immediately by the Business with any failure to make a payment on time and will remain paused until full payment is received, and accounts are settled. A further 10% (ten percent) of the base amount will be added to the outstanding invoice and reissued to the Recipient for every 7 (seven) day delay. Should any invoice remain settled past 30 (thirty) days a collections company local to the Recipient may be employed to recoup upstanding monies owed to the Business with all further costs for collection to be paid by the Recipient.
    • For any fixed term agreed contracts, should any payment remain unsettled past 30 (thirty) days, the collection amount requested if passed to a collections company will equal the total outstanding, any added interest and the remaining payments due to be collected on the agreement.
    • For all Late Payments related to any Results-Based Agreement, if Recipient fails to make the agreed payment of the 40% share of online sales within the stipulated time frame, a late payment fee of 10% (ten percent) of the due amount will be applied. This late fee will be added to the outstanding amount and the invoice will be re-issued. If the payment is not made within 7 (seven) days of the due date, the Business reserves the right to pause all services until the outstanding payment, including any late fees, is fully paid. Continued failure to make timely payments may result in the termination of the results-based agreement. In the event of termination due to late payments, the Recipient will still be liable for any payments due up until the date of termination. If any invoice remains unsettled past 30 (thirty) days, a collections company may be employed to recoup outstanding monies owed to the Business, with all further costs for collection to be paid by the Recipient.
22. Summary:
    
    
    • By completing any checkout on this website or agreeing to commence any work with HodgesNet ltd, it is assumed you are in full agreement with these terms.

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Last Updated July 2022