Client/Management Agreement
Effective Date: June 1, 2023
Primary Website: https://www.nichecaldwell.com Secondary Website: thencco.com or thencco.nichecaldwell.com
Understanding
The terms and conditions below apply to all coaching, mentoring, program and design services provided by The Niché Caldwell Co. (“NC”) to any individual or organization (“the client”) and constitute the contract for the service to be provided by NC for the client. The term ‘coaching’ as here used covers life coaching, book coaching, personal coaching, executive coaching, career coaching, and business coaching for clients and where applicable includes mentoring or supervision services provided for clients, coaches, or others.
Coaching is not psychological counseling or any type of therapy, and should not be construed as such.
In return for the fees payable by the client, NC agrees to provide the service(s) as described below and in accordance with the terms and conditions set out below. The client agrees to pay fees for the service on the terms and conditions set out below.
The date that the first Coaching/Done For You Service/Program session takes place shall be deemed to be the start date for the service. Participation by any individual in the first coaching/kick-off session constitutes acceptance of these terms and conditions. The client will be required to sign a contract or check the acknowledgement box before booking and paying with NC at the commencement of coaching.
Responsibility & Commitment
When engaged in live-coaching, the client has sole responsibility for any decisions they may make the following coaching with NC. NC accepts no liability for the client’s actions. NC has no liability for any loss incurred by any client, whether financial or otherwise, following commencement of coaching sessions or on the basis of any advice or documentation given by NC either in the NC blog, at an event, or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in the quality of life or to achieve their desired outcomes or goals.
Confidentiality
Personal information or business information supplied to NC by the client in coaching sessions will be treated as confidential. It will not be disclosed to a third party without the client’s prior permission, save where required by law.
NC will respect the client’s privacy and seek written permission before disclosing they are a client.
Any documentation and information relating to the client will be held according to the Data Protection Act 1998 and other binding legal requirements, except as permitted by the client in writing or as required by law.
NC does not retain any client cardholder account data. Payments are processed via a secure merchant gateway and NC does not ever access client cardholder account data.
Clarity & Style
NC will discuss with the client their preferred style of coaching. The client has the right to talk openly and candidly with their coach, and the client is encouraged to discuss any concerns they have with NC on any area of the coaching process. NC welcomes openness and honesty.
Feedback about the service is welcomed and can be given during a coaching session or by email to The Niché Caldwell Company at hello@nichecaldwell.com.
NC is continually striving to ensure the standard of service it provides to its clients remains outstanding. At the end of the coaching process, or a series of coaching sessions, the client will be asked to complete a feedback form.
Coaching Packages
The coaching schedule will be arranged between NC and the client and sessions can be booked up to 3 months in advance. NC will recommend the frequency of coaching sessions based on a professional assessment of the client’s requirements. This recommendation, or plan, is not binding and may be altered and adjusted throughout the coaching journey by mutual agreement, in accordance with the terms set out in this agreement. (See cancellations & rearranging coaching sessions)
The number of coaching sessions will be agreed upon at the purchase of your coaching package. Payment terms are chosen by the client at checkout.
The length of each session is usually 1 hour but can be agreed between NC and the client at the commencement of the session.
Coaching will take place between the client and their coach via Skype, telephone, or Zoom. Face-to-face coaching will take place in the offices of NC or at a mutually agreed venue. Unless otherwise agreed, the client is responsible for contacting NC at agreed times. The client is responsible for any call related charges.
NC may assign the client tasks or exercises to complete between coaching sessions. There is no obligation on the client to complete these tasks, but not doing so may slow the client’s progress in gaining improved quality of life or achieving the desired business or personal outcomes. Where possible, clients are requested to submit any information requested by NC relating to assignments at least 24 hours before the coaching session when they are to be discussed. NC will provide feedback on completed assignments during coaching sessions.
The client may contact NC by email between sessions to share a success or seek clarification on a coaching issue. Support between sessions is seen by NC as a necessary part of the coaching process. NC will always advise a client in advance if the nature of a client’s contact is likely to incur an additional charge, and no such charges will be imposed without the client’s agreement.
Online coaching programs and virtual training provided as part of a coaching package will remain available to the client for the duration of their paid coaching period. After the coaching program expires access to related online training and coaching programs will be removed. Clients will continue to retain access to their Coaching journal/private coaching project board for at least 30 days after sessions have ended unless otherwise notified by NC.
There may be occasions when NC may recommend to the client that they seek an alternative service more suited to their current needs. In this event, NC will fully discuss the reasons for the recommendation with the client. It is the client’s sole responsibility to decide whether to follow the recommendation and NC does not accept any liability for the outcome of any decisions the client chooses to make.
Cancellation & Rearranging Coaching Sessions
If the client needs to rearrange a coaching session, they should provide at least 24 hours’ notice. No refunds will be given to clients for unused coaching sessions. In exceptional circumstances NC may need to rearrange a coaching session; in these circumstances, NC will use reasonable endeavors to provide a mutually satisfactory alternative appointment for the client and will offer the client a free session at the end of the package.
All clients pay for their session, or sessions in advance. The client must use their coaching session(s) that they have paid for within the package that they have chosen or any untaken sessions are forfeited.
The client may terminate their coaching contract at any time in writing. No refunds will be due, however. Any services that have yet to be provided at the time of cancellation will, therefore, be deemed as having been provided.
In the event of extraordinary circumstances occurring that prevent NC from providing its services as contracted, then NC shall be required to provide the same service at a mutually satisfactory alternative timeframe for the client.
NC can elect to terminate the service to the client early or refuse to provide any further support services should NC deem the relationship unworkable.
RESPONSIBILITIES
The Client and NC agree as set forth in the following terms and conditions that:
NC will complete the following tasks hereinafter called the “Scope of Work”.
NC will produce the following instruments of service hereinafter called the “Documentation”.
The Client shall pay fees and reimbursable expenses, hereinafter called the “Project Fee”.
PHASE ONE - PRELIMINARY WORK
Scope of Work
Consultation consisting of a questionnaire, phone interview and research
Contract and Invoice
PHASE TWO - DEVELOPMENT
Scope of Work
Deposit collected/Payment Schedule/All Fees Collected
Development Call
PRODUCTIVITY
Process Creation
Concept Development
Tools and Resources Setup and Development
Customer Experience Strategy
Brand Launch Plan
Business Walkthrough
WEB DESIGN
Website Content
7 Page Layout Inclusive of: Home, About, Podcast, Services, Contact, and Signature Service
Tools and Resources Integration
Brand Photography Integration
Connection of Domain
Website Walkthrough
End of Project Guide
Once all work has been approved, final files will be sent once the invoice is completely satisfied.
PROJECT FEES
Fees are billed per package.
The project cost is agreed upon on the invoicing page.
The deposit will be collected once the contract has been signed. Deposit is one-third of the total package price.
All fees paid to NC are non-refundable due to the creative nature of our business.
TERMS AND CONDITIONS
Required Information
The Client shall furnish at his or her own expense any subscriptions, platforms, softwares, templates and branding or any other needed asset that may be required for the completion of the Project, the accuracy and completeness of which NC shall be entitled to rely upon. This information includes but is not limited to shared codes and access to assets, username and passwords, certain financial information and any other necessary knowledge needed to perform the job up to expectation.
Copyright, Authorship, and Use of Documents
Inspirations and specifications as instruments of service are and shall remain the property of NC whether the Project for which they were made is executed or not. The Client shall be permitted to retain copies, including electronic and reproducible copies in connection with the Client’s business use and usability of the Project. These copies can be used for additions or alterations to the Project by the client.
NC retains the right to publish any and all documentation produced during the Project including photographs of the completed Project. By signing this document, the Client agrees to NC having the right to publish and advertise with any photographs, files or publications created by NC.
Payment of Fees
The fees for the Project shall be paid as outlined under Project fees. The Client agrees that all outstanding fees and disbursements be paid prior to the release of any final documentation. Any outstanding balance over thirty days is subject to project cancellation. All fees paid to NC are non-refundable due to the creative nature of our business.
Arbitration
Any matter in dispute between the Client and NC that arises out of this agreement, if not settled or agreed between them, is to be determined by arbitration, the same shall be decided by a single arbitrator. The award of the arbitrator shall be final and binding upon both parties.
Governing Law
The Law of the State of Georgia shall apply to the interpretation and enforcement of this agreement.
Suspension or Termination
If the Project is terminated in whole or in part for more than a total of 30 days whether consecutive or not, TCC shall be compensated in the amount agreed upon outlined in the Project Fees section of this document. Fees shall be remitted 3 days after termination is sent in by written notice by either party.
If the Project is resumed after being suspended or abandoned in whole or in part for more than a total of 60 days whether consecutive or not, the fee shall be equitably adjusted.
Unless otherwise stated in this agreement, NC’s services terminate one year after certification of substantial performance. Any other termination of this agreement must be made in writing. This agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. This agreement may be terminated by the Client upon at least seven days written notice to NC in the event that the Project is permanently abandoned. Termination of this agreement must be in writing.