Terms & Conditions
1. These terms
1.1. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products or services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1. We are Breakthrough Public Speaking, a sole trader established in England and Wales. Our business correspondence address is Breakthrough Public Speaking, 61 Bridge Street, Kington, Herefordshire. HR5 3DJ, United Kingdom.
2.2. You can contact us by telephoning us at 07931 800957 or by writing to us at email@example.com or Breakthrough Public Speaking, 61 Bridge Street, Kington, Herefordshire. HR5 3DJ, United Kingdom.
2.3. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. When we use the words “writing” or “written” in these terms, this includes emails or any form of written communication, for example via social media channels.
3. Our contract with you
3.1. Our acceptance of your order will take place when we write to you to accept it, at which point a contract will come into existence between you and us.
3.2. If we are unable to accept your order, we will inform you of this and will not charge you for the product or service. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or service, because we are unable to meet a delivery deadline you have specified, or because we have withdrawn the product or service from sale.
4. Our rights to make changes
4.1. We may change the product or service to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the product or service.
4.2. In addition, we may make changes to these terms or the product/service, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received, or any services paid for but not used.
5. Providing the products or services
5.1. The costs of our products and services will be as displayed to you on our website.
5.2. During the order process we will let you know when we will provide the products or services to you.
(a) We will begin the services on the date agreed with you during the order process.
(b) If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 6 or we end the contract by written notice to you as described in clause 8.
5.3. If our supply of the products or services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received, or for any services you have paid for but not used.
5.4. You own a product which is digital goods once we have received payment in full.
5.5. We may need certain information from you so that we can supply the products or services to you. If so, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 8.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.6. We may have to suspend the supply of a product or service to:
(a) Deal with technical problems or make minor technical changes;
(b) Update the product to reflect changes in relevant laws and regulatory requirements;
(c) Make changes to the product as requested by you or notified by us to you (see clause 4).
5.7. We will contact you in advance to tell you we will be suspending supply of the product or service, unless the problem is urgent or an emergency. If we have to suspend the product or service for longer than 3 months you may contact us to end the contract for a product/service and we will refund any sums you have paid in advance for the product/service in respect of the period after you end the contract.
5.8. If you do not pay us for the products or services when you are supposed to (see clause 10.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products or services until you have paid us the outstanding amounts. As well as suspending the products we can also charge you interest on your overdue payments (see clause 10.5).
6. Your rights to end the contract
6.1. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back), see clause 9;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
(c) If you have just changed your mind about the product, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.6.
6.2. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products or services which have not been provided. The reasons are:
(a) We have told you about an upcoming change to the product/service or these terms which you do not agree to (see clause 4.2);
(b) We have told you about an error in the price or description of the product or service you have ordered and you do not wish to proceed;
(c) There is a risk that supply of the products or services may be significantly delayed because of events outside our control;
(d) We have suspended supply of the products or services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 months; or
(e) You have a legal right to end the contract because of something we have done wrong.
6.3. For most products or services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
6.4. You do not have a right to change your mind in respect of:
(a) Items made to your specifications or which are clearly personalised;
(b) Services, once these have been completed, even if the cancellation period is still running;
6.5. If you have bought services, you have 14 days after the day we contact you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind. Breakthrough Public Speaking reserves the right to use its discretion to determine whether to make refunds and to charge additional charges in any such event to cover the administration costs incurred by Breakthrough Public Speaking. Any such additional charges will be communicated to you before you make your decision.
6.6. Even if we are not at fault and you do not have a right to change your mind (see clause 6.1), you can still end the contract before it is completed. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and Breakthrough Public Speaking reserves the right to use its discretion to determine whether to make refunds and to charge additional charges in any such event to cover the administration costs incurred by Breakthrough Public Speaking. Any such additional charges will be communicated to you before you make your decision.
6.7. How to end the contract with us (including if you have changed your mind)
6.8. To end the contract with us, please let us know by doing one of the following:
(a) Phone: Call us on 07931 800957 or
(b) Email: Email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
6.9. If we use our discretion to make a refund, any refund will be made by the original method you used for payment.
6.10. If you are exercising your right to change your mind where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
6.11. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
7. Our rights to end the contract
7.1. We may end the contract for a product at any time by writing to you if:
(a) You do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) Breakthrough Public Speaking decides to end the working relationship.
7.2. If we end the contract in the situations set out in clause 7.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
7.3. We may write to you to let you know that we are going to stop providing the product or service. We will let you know at least 2 weeks in advance of our stopping the supply of the product or service and will refund any sums you have paid in advance for products or services which will not be provided.
8. If there is a problem with the product or service
8.1. If you have any questions or complaints about the product or service, please contact us. You can telephone us at 07931 800957 or write to us at email@example.com or Breakthrough Public Speaking, 61 Bridge Street, Kington, Herefordshire. HR5 3DJ, United Kingdom.
9. Price and payment
9.1. The price of the product will be the price set out in the Order or our acceptance of it. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you order.
9.2. Breakthrough Public Speaking is not currently registered for VAT. If Breakthrough Public Speaking does become VAT registered between your order date and the date we supply the product or service, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the VAT registration takes effect.
9.3. It is always possible that, despite our best efforts, some of the products or services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product or service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product or service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any digital goods provided to you.
9.4. We accept payment by Stripe or bank transfer. When you must pay depends on what product or service you are buying, and payment plans for each course are detailed on https://breakthroughpublicspeaking.com/services/
(a) The ‘5 Keys to Camera Confidence’ mini digital course costs £99.00, which is payable in advance before starting the course. No payment plan options are available for this course.
(b) The ‘Breakthrough Virtual Speaker Programme’ can be paid for in full in advance before starting the course as a single payment of £799.00. Alternatively, this programme can be paid in 3 instalments of £285.00, with the first instalment of £285.00 being payable in advance upon registration, and the subsequent 2 instalments being paid on a monthly basis thereafter.
If the current group is full or you prefer to wait until the next group to start, a £100 deposit is due to reserve your place on the Breakthrough Virtual Speaker Programme.
In which case before the start of the course the pay in full amount due is £699 or two payments of £285 and one of £185.
(c) The ‘Breakthrough Virtual Speaker Programme’ is also available 1-1 and can be paid for in full in advance before starting the course as a single payment of £1,995 Alternatively, this programme can be paid in 3 instalments of £665, with the first instalment of £665.00 being payable in advance upon registration, and the subsequent 2 instalments being paid on a monthly basis thereafter.
(d) The ‘Be the Speaker’ programme is payable in 6 instalments of £525.00 per month, with the first instalment being payable on confirmation of acceptance onto the programme.
9.5. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
9.6. If you think an invoice is wrong please contact us promptly to let us know.
10. Our responsibility for loss or damage suffered by you
10.1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.
10.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.
11. How we may use your personal information
11.1. We will only give your personal information to third parties where the law either requires or allows us to do so.
12. Other important terms
12.1. We may transfer our rights and obligations under these terms to another organisation.
12.2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
12.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.6. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
12.7. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.