My terms and conditions
Terms and Conditions of New Perspectives Executive Coaching Limited (‘the Company’)
1.1 The coaching agreement as set out above (‘the Coaching Agreement’) constitutes an offer by the Sponsor or Client to purchase the coaching sessions supplied by the Company in accordance with these Conditions;
1.2 The Coaching Agreement shall only be deemed to be accepted when the Company issues written acceptance of the Order at which point, and on which date the Contract shall come into existence (Commencement Date).
2.1 The Company shall supply the sessions to the Client in accordance with the Coaching Agreement in all material respects through the Coach.
2.2 The Company aims to provide coaching sessions that are designed to facilitate the creation and development of personal, professional or business goals and to develop and carry out a strategy or plan for moving towards these goals (‘the Services’).
3. Client’s Obligations
1.1 The Sponsor and Client shall:
(a) ensure that the terms of the Coaching Agreement are complete and accurate;
(b) co-operate with the Company in all matters relating to the Services including to be open and honest with the Coach; and
(c) provide the Company with such information and materials as the Company may reasonably require in order to supply the Services and ensure that such information is complete and accurate in all material respects.
3.2 If the Company’s performance of any of its obligations under the Coaching Agreement is prevented or delayed by any act or omission by the Sponsor or Client or failure by the Sponsor or Client to perform any relevant obligation (‘Client Default’):
(a) without limiting or affecting any other right or remedy available to it, the Company shall have the right to suspend performance of the Services until the Sponsor or Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations in each case to the extent the Client Default prevents or delays the Company’s performance of any of its obligations; and
(b) the Company shall not be liable for any costs or losses sustained or incurred by the Sponsor or Client arising directly or indirectly from the Company’s failure or delay to perform any of its obligations as set out in this clause 3.2.
4.1 The Charges for the Services are as set out in the Coaching Agreement.
4.2 The Company shall invoice the Sponsor or Client as set out in the Coaching Agreement.
4.3 The Sponsor or Client shall pay each invoice submitted by the Company:
(a) within 14 days of the date of the invoice and no less than 7 days before the First Session; and
(b) in full and in cleared funds to a bank account nominated in writing by the Company, and
time for payment shall be of the essence of this contract.
4.4 If the Sponsor or Client fails to make a payment due to the Company by the due date, then, the Sponsor or Client shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 4.6 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
4.5 All amounts due under this contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
4.6 All amounts payable by the Sponsor or Client are exclusive of amounts in respect of value added tax chargeable from time to time (VAT).
5.1 When a session is cancelled unless the Client or the Sponsor gives the Company more than 48 hours’ notice from the Coaching Session the Session Fee will remain payable.
5.2 If applicable where a Session is cancelled by the Client it is their responsibility to inform the Sponsor.
5.3 If the Client or Sponsor wishes to cancel a Coaching Session notice must be given to the Coach in writing.
6. Limitation of Liability
6.1 The Company shall not be liable to the Sponsor or Client arising under or in connection with the Coaching Agreement for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.
7.1 Without affecting any other right or remedy available to it, either party may terminate the Coaching Agreement by giving the other party 7 days written notice.
7.2 Without affecting any other right or remedy available to it, the Company may terminate the Coaching Agreement with immediate effect by giving written notice to the Sponsor or Client if the Sponsor or Client fails to pay any amount due on the due date for payment.
7.3 Without affecting any other right or remedy available to it, the Company may suspend the supply of Services under the Coaching Agreement or any other contract between the Sponsor or Client and the Company if the Sponsor or Client fails to pay any amount due under this agreement on the due date for payment.
7.4 Where the Contract is terminated under clause 7.1, and subject to clause 5, any Coaching Fees paid will be reimbursed in accordance to the number of sessions remaining post termination.
8 Consequences of termination
8.1 On termination of the Coaching Agreement the Sponsor or Client shall immediately pay to the Company all of the Company’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Company shall submit an invoice, which shall be payable by the Sponsor or Client immediately on receipt.
8.2 Termination of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Coaching Agreement which existed at or before the date of termination.
8.3 Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination of the Coaching Agreement shall remain in full force and effect.
9. Data protection and data processing
9.1 All parties will comply with all applicable requirements of the Data Protection Legislation. This clause 9 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation. In this clause 9, Applicable Laws means (for so long as and to the extent that they apply to the Supplier) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means any Data Protection Legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor legislation.
9.2 The parties acknowledge that for the purposes of the Data Protection Legislation, the Sponsor and Client are the data controllers and the Company is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
9.3 Without prejudice to the generality of clause 9.1, the Sponsor and Client will ensure that they have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data (as defined in the Data Protection Legislation) to the Company for the duration and purposes of the Contract.
9.4 Without prejudice to the generality of clause 9.1, the Company shall, in relation to any Personal Data processed in connection with the performance by the Company of its obligations under the Contract:
a) process that Personal Data only on the written instructions of the Sponsor or Client unless the Company is required by Applicable Laws to otherwise process that Personal Data. Where the Company is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Company shall promptly notify the Sponsor or Client of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Company from so notifying the Sponsor or Client;
b) ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Sponsor or Client, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
d) not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Sponsor or Client has been obtained and the following conditions are fulfilled:
(i) the Sponsor/Client or the Company has provided appropriate safeguards in relation to the transfer;
(ii) the Data Subject (as defined in the Data Protection Legislation) has enforceable rights and effective legal remedies;
(iii) the Company complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
(iv) the Company complies with reasonable instructions notified to it in advance by the Sponsor/Client with respect to the processing of the Personal Data;
e) assist the Sponsor/Client, at the Sponsor/Client cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;]
f) notify the Sponsor/Client without undue delay on becoming aware of a Personal Data breach;
g) at the written direction of the Sponsor/Client, delete or return Personal Data and copies thereof to the Sponsor/Client on termination of the agreement unless required by Applicable Law to store the Personal Data; and]
(h) maintain complete and accurate records and information to demonstrate its compliance with this clause 9
9.5 The Sponsor/Client consents to the Company appointing a third-party processor of Personal Data under the Contract. The Company confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement incorporating terms which are substantially similar to those set out in this clause 9. As between the Sponsor/Client and the Company, the Company shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this clause 9
9.6 Either party may, at any time on not less than 30 days’ notice, revise this clause 9 by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when replaced by attachment to the Contract).
10.1 The contents of the sessions are confidential between the Company and the Client. The Company shall not disclose the content of the Session unless
(a) the Company considers the Client or a separate individual to be at risk;
(b) the Client has disclosed involvement in or plans to commit illegal action; or
(c) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
11.1 The International Coaching Federation Code of Ethics will apply to the Coaching Agreement and is contained in Appendix 1.
11.2 The Client is responsible for his or her own achievements and success. The Company cannot and does not promise that the Client will take any specific action or attain specific goals.
11.3 Neither the Coach nor the Company does not provide counselling or therapy.
11.4 As this is part of the Company’s and/or the Coach’s ongoing professional development as a member of the ICF, the hours for our coaching sessions will count towards further Coaching professional accreditation and certification. By signing this agreement, you are agreeing to your name and email address to be provided to the ICF for verification of our work together to meet the requirements for accreditation. The ICF handles all information with the highest regards towards confidentiality.
If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
ICF Code of Ethics Preamble ICF is committed to maintaining and promoting excellence in coaching. Therefore, ICF expects all members and credentialed coaches (coaches, coach mentors, coaching supervisors, coach trainers or students), to adhere to the elements and principles of ethical conduct: to be competent and integrate ICF Core Competencies effectively in their work. In line with the ICF core values and ICF definition of coaching, the Code of Ethics is designed to provide appropriate guidelines, accountability and enforceable standards of conduct for all ICF Members and ICF Credential-holders, who commit to abiding by the following ICF Code of Ethics: Part One: Definitions
• Coaching: Coaching is partnering with clients in a thought-provoking and creative process that inspires them to maximize their personal and professional potential.
• ICF Coach: An ICF coach agrees to practice the ICF Core Competencies and pledges accountability to the ICF Code of Ethics.
• Professional Coaching Relationship: A professional coaching relationship exists when coaching includes an agreement (including contracts) that defines the responsibilities of each party.
• Roles in the Coaching Relationship: In order to clarify roles in the coaching relationship it is often necessary to distinguish between the client and the sponsor. In most cases, the client and sponsor are the same person and are therefore jointly referred to as the client. For purposes of identification, however, the ICF defines these roles as follows:
Client: The “Client/Coachee is the person(s) being coached.
Sponsor: The “sponsor” is the entity (including its representatives) paying for and/or arranging for coaching services to be provided. In all cases, coaching engagement agreements should clearly establish the rights, roles and responsibilities for both the client and sponsor if the client and sponsor are different people.
Student: The “student” is someone enrolled in a coach training program or working with a coaching supervisor or coach mentor in order to learn the coaching process or enhance and develop their coaching skills.
• Conflict of Interest: A situation in which a coach has a private or personal interest sufficient to appear to influence the objective of his or her official duties as a coach and a professional.
Part Two: The ICF Standards of Ethical Conduct
Section 1: Professional Conduct at Large:
As a coach, I:
1. Conduct myself in accordance with the ICF Code of Ethics in all interactions, including coach training, coach mentoring and coach supervisory activities.
2. Commit to take the appropriate action with the coach, trainer, or coach mentor and/or will contact ICF to address any ethics violation or possible breach as soon as I become aware, whether it involves me or others.
3. Communicate and create awareness in others, including organizations, employees, sponsors, coaches and others, who might need to be informed of the responsibilities established by this Code.
4. Refrain from unlawful discrimination in occupational activities, including age, race, gender orientation, ethnicity, sexual orientation, religion, national origin or disability.
5. Make verbal and written statements that are true and accurate about what I offer as a coach, the coaching profession or ICF.
6. Accurately identify my coaching qualifications, expertise, experience, training, certifications and ICF Credentials.
7. Recognize and honour the efforts and contributions of others and only claim ownership of my own material. I understand that violating this standard may leave me subject to legal remedy by a third party.
8. Strive at all times to recognize my personal issues that may impair, conflict with or interfere with my coaching performance or my professional coaching relationships. I will promptly seek the relevant professional assistance and determine the action to be taken, including whether it is appropriate to suspend or terminate my coaching relationship(s) whenever the facts and circumstances necessitate.
9. Recognize that the Code of Ethics applies to my relationship with coaching clients, coachees, students, mentees and supervisees.
10. Conduct and report research with competence, honesty and within recognized scientific standards and applicable subject guidelines. My research will be carried out with the necessary consent and approval of those involved, and with an approach that will protect participants from any potential harm. All research efforts will be performed in a manner that complies with all the applicable laws of the country in which the research is conducted.
11. Maintain, store and dispose of any records, including electronic files and communications, created during my coaching engagements in a manner that promotes confidentiality, security and privacy and complies with any applicable laws and agreements.
12. Use ICF Member contact information (email addresses, telephone numbers, and so on) only in the manner and to the extent authorized by the ICF.
Section 2: Conflicts of Interest:
As a coach, I:
13. Seek to be conscious of any conflict or potential conflict of interest, openly disclose any such conflict and offer to remove myself when a conflict arises.
14. Clarify roles for internal coaches, set boundaries and review with stakeholder’s conflicts of interest that may emerge between coaching and other role functions.
15. Disclose to my client and the sponsor(s) all anticipated compensation from third parties that I may receive for referrals of clients or pay to receive clients.
16. Honour an equitable coach/client relationship, regardless of the form of compensation.
Section 3: Professional Conduct with Clients:
As a coach, I:
17. Ethically speak what I know to be true to clients, prospective clients or sponsors about the potential value of the coaching process or of me as a coach.
18. Carefully explain and strive to ensure that, prior to or at the initial meeting, my coaching client and sponsor(s) understand the nature of coaching, the nature and limits of confidentiality, financial arrangements, and any other terms of the coaching agreement.
19. Have a clear coaching service agreement with my clients and sponsor(s) before beginning the coaching relationship and honour this agreement. The agreement shall include the roles, responsibilities and rights of all parties involved.
20. Hold responsibility for being aware of and setting clear, appropriate and culturally sensitive boundaries that govern interactions, physical or otherwise, I may have with my clients or sponsor(s).
21. Avoid any sexual or romantic relationship with current clients or sponsor(s) or students, mentees or supervisees. Further, I will be alert to the possibility of any potential sexual intimacy among the parties including my support staff and/or assistants and will take the appropriate action to address the issue or cancel the engagement in order to provide a safe environment overall.
22. Respect the client’s right to terminate the coaching relationship at any point during the process, subject to the provisions of the agreement. I shall remain alert to indications that there is a shift in the value received from the coaching relationship.
23. Encourage the client or sponsor to make a change if I believe the client or sponsor would be better served by another coach or by another resource and suggest my client seek the services of other professionals when deemed necessary or appropriate.
Section 4: Confidentiality/Privacy
As a coach, I:
24. Maintain the strictest levels of confidentiality with all client and sponsor information unless release is required by law.
25. Have a clear agreement about how coaching information will be exchanged among coach, client and sponsor.
26. Have a clear agreement when acting as a coach, coach mentor, coaching supervisor or trainer, with both client and sponsor, student, mentee, or supervisee about the conditions under which confidentiality may not be maintained (e.g., illegal activity, pursuant to valid court order or subpoena; imminent or likely risk of danger to self or to others; etc) and make sure both client and sponsor, student, mentee, or supervisee voluntarily and knowingly agree in writing to that limit of confidentiality. Where I reasonably believe that because one of the above circumstances is applicable, I may need to inform appropriate authorities.
27. Require all those who work with me in support of my clients to adhere to the ICF Code of Ethics, Number 26, Section 4, Confidentiality and Privacy Standards, and any other sections of the Code of Ethics that might be applicable.
Section 5: Continuing Development
As a coach, I:
28. Commit to the need for continued and ongoing development of my professional skills.
Part Three: The ICF Pledge of Ethics:
As an ICF coach, I acknowledge and agree to honour my ethical and legal obligations to my coaching clients and sponsors, colleagues, and to the public at large. I pledge to comply with the ICF Code of Ethics and to practice these standards with those whom I coach, teach, mentor or supervise.
If I breach this Pledge of Ethics or any part of the ICF Code of Ethics, I agree that the ICF in its sole discretion may hold me accountable for so doing. I further agree that my accountability to the ICF for any breach may include sanctions, such as loss of my ICF Membership and/or my ICF Credentials.
For more information on the Ethical Conduct Review Process including links to file a complaint, please click here.
Adopted by the ICF Global Board of Directors June 2015.
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