Terms & Conditions

1. Parties

1. This Agreement is between Michelle Cyril Ltd, a company incorporated in England and Wales under number 16511665 whose registered office is at 2 Grebe Close, South Cerney, Cirencester, GL7 5WQ (the “Provider”) and you (the “Client”).
2. References to “we”, “us” or “our” relate to the Provider. References to “you”, “your” or “participant” refers to the Client.

2. Term and Service Provided

1. This agreement is for the delivery of specialist sleep support and associated advice and continuing support where offered. Where continuing support sessions are offered these must be used within 4 months of the initial 1:1 sleep consultation, unless a further support package is purchased. Where an additional support package is purchased these sessions must be used within 4 months of the purchased date.
2. The services are set out in Schedule 1 to this agreement (the “Services”).
3. The Services will be provided with reasonable skill and care, however, in the event of any query or complaint in connection with us, please email Michelle@familysleepspecialist.co.uk.
4. The Services will be delivered as per Schedule 1.
5. If your child is over the age of 11, we may offer individual sessions direct with the child. Where this is recommended, it will be discussed directly with you and your consent sought prior to any session being offered. A summary of the discussion will be provided to you after any such session.
6. There may be occasions out of our control, where a session needs to be cancelled or postponed, these will be rescheduled.
7. If you as the Client wish to:
   1. Reschedule the initial consultation, there will be no charge to do so 7 days prior to the date of the consultation. Within 7 days of the consultation 50% (less any applicable bank fees) of the package may be payable.
   2. Cancel a support session you must give at least 24 hours notice, otherwise you will forfeit that session. At the sole discretion of the Provider, the session may be rescheduled.
8. Any bonuses offered at the point of purchase or subsequently are subject to availability and may be subject to additional terms and conditions.
9. You acknowledge that implementing the sleep recommendations and information provided to you is exclusively your responsibility.
10. You understand that in order to enhance the working relationship, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully.
11. We make no guarantee as to a particular result that you may wish to achieve under this agreement, representations or warranties of any kind or nature, expressed or implied with respect to the services delivered under this agreement.
12. If you believe that there is an issue with the Services, you will immediately communicate that to us and both will take action to address the situation.
13. It is your responsibility to make sure that you have adequate computer equipment, broadband/wi-fi and time to access any online elements of the Services.
14. The agreement is between us and you. You may not share or transfer the Services access or materials with anyone else.

3. Cancellation and Refund Policy

1. If we are unable to provide the Services for reasons beyond our control, we will notify you as soon as possible. We will always endeavour to offer an alternative date or support to the same value.
2. If you have entered into this Agreement remotely, such as online or by telephone, you have a right to cancel this Agreement within 14 days from entering into the Agreement and are entitled to a refund of any amounts paid (Cooling Off Period). You must email Michelle@familysleepspecialist.co.uk and confirm your instructions to cancel this Agreement within the 14 days. Where you have accessed any of the Services and/or Materials within the 14 day period you waive your right to a refund. This clause does not apply if you have entered into this Agreement at an in-person event.
3. Notwithstanding clause 3.2, you otherwise have no right to a refund. This does not affect your Statutory Rights as a consumer.
4. Where a refund is applicable or granted, we will refund money using the same method used to make the payment, unless we have expressly agreed otherwise.

4. Payment

1. You agree to pay the fees as set out in Schedule 1.
2. Payment in full or for the first monthly instalment must be paid prior to the commencement of the Services. By paying the first instalment and/or in full you are accepting these terms and conditions.
3. If one monthly instalment that is due, is missed, the remaining balance and all future instalments become payable, and we are entitled to issue an invoice for full payment.
4. If you have accessed any of the Services, you will owe us the payment(s) in line with your original purchase. For the avoidance of doubt, the remaining balance of any monies owed.
5. If the Services provides payment by instalment, late payment will result in access to the Services being suspended.
6. Suspension from a Services will not cancel the obligation to pay for the remainder of the Services.
7. If you are paying in a different currency to the one we are selling in, your card provider or equivalent will apply their own exchange rates at the time of purchase. This will fluctuate and the exact amount you pay in your own currency is beyond our control.
8. If we offer a payment or instalment plan for the Services, you are responsible for keeping a current credit card on file with us until your payment obligations have been met. If your card on file ever declines, you agree that by providing us with new credit card details we can charge the card for all overdue payments.
9. We reserve the right to charge interest on overdue amounts at the rate of 8% per annum above the Bank of England base rate. Your subsequent payments will be applied to interest and finance charges first, and then applied to fees/costs outstanding.

5. Confidential Information and Privacy

1. All information discussed during the Services will remain confidential, unless your expressed consent is given to share any information.
2. We may hold and store your personal data (including your name, email address, postal address, photograph, and credit card (under certain circumstances)) to (i) pay for services, (ii) provide detail of our other services to you or (iii) to complete internal administration related to you. All data is collected and retained pursuant to GDPR requirements. For clarification, pursuant to regulations, children’s information will be stored until they are 25.
3. We may contact you (by mail, email, telephone, SMS or via the internet) in relation to the Service or other events, products or services in which you may be interested. If you wish to opt-out of such communications, please write to us at Michelle@familysleepspecialist.co.uk.

6. Intellectual Property Rights

1. You acknowledge and agree that:
   1. All materials relating to us, whether presented before, during or after you enter into this Agreement or any other associated event or training, including within the Services, are part of our “intellectual property rights”, which includes registered and unregistered rights in any copyright, patents, know how, trade secrets, trademarks, trade names, design rights, get-up, database rights, and all similar rights;
   2. You will not, at any time, do anything that would infringe our intellectual property rights, including recording, reusing, reselling or reproducing, nor disclose to anyone else, in whole or in part, any Materials, except without our prior written consent;
   3. You may use Materials only for your own participation in the Services and for private use to support your learning from that Services. You must not disclose or use the Materials without our permission for any other purpose; and
   4. Nothing in this clause creates a right for you to use our Materials as you see fit and we reserve the right to refuse such permission and/or consent.
2. Further to the inherent intellectual property rights, you shall not create any derivative work based on our Services and you shall not create any competing Products or services based upon information from the Services for the duration of the Term and for 18 (eighteen) months from the end of the Term.
3. Intellectual Property Rights in all Materials produced by us and/or presented in the Services are and shall remain our absolute property and this clause 6 will survive the termination of this Agreement.

7. Limitation of Liability

1. You confirm that the following statements relating to your health and wellbeing are true and accurate and if at any time during any event or training you become distressed, issues arise, or those statements become untrue, we ask you to immediately inform a member of our team:
   1. You are over 18 years of age.
   2. You are participating in the Services of your own free will and accept total responsibility for your physical and emotional wellbeing at all times, and you are in good emotional, mental and physical health.
   3. You are not under the influence of any drugs or alcohol.
   4. You are not taking any medication (whether prescribed or otherwise) or undertaking treatment for any mental health or psychiatric illness from any medical practitioners, health practitioner, counsellor or psychotherapist. If you are taking medication, you declare that you have seen a medical practitioner and you have been advised that any participation in the Services will not cause you harm of any nature.
2. To the maximum extent permitted by law, our aggregate liability arising out of or related to the Services, the Services or this Agreement, whether in contract, personal injury, damage to belongings or otherwise shall not exceed the amounts actually paid by you for the Services.
3. To the maximum extent permitted by law, we will not be liable to you in any way for: (i) any cost, loss of income, or for any loss or damage; or (ii) any event that we cannot reasonably control, and which would have been unavoidable (despite reasonable commercial efforts to prevent the event happening) or resulting from us complying with any relevant requirement under any law or regulation to which we are subject.
4. In no event shall we be liable to you for any indirect, consequential or special damages. Notwithstanding any damages that you may incur, our entire liability under this Agreement, and your exclusive remedy, shall be limited to the amount actually paid by you under this Agreement for all services rendered through the term, in as far as permitted by law.
5. Nothing in this Agreement shall be taken to exclude any liability of either party for death or personal injury caused by its negligence or any fraudulent misrepresentation.

8. Termination

1. If payment is not received as agreed, the Services may be suspended until the breach is rectified. We reserve the right to terminate this Agreement for non-payment.
2. If you breach the Agreement and either the breach cannot be rectified or has not been rectified within 21 days, we have the right to terminate this Agreement.
3. Otherwise the Agreement will terminate once the Term has expired.
4. Termination of your participation in the Services, whether by you or by us or by the Services coming to an end, shall not affect rights and obligations already accrued prior to termination, and shall not undermine the continued enforceability of the confidentiality and intellectual property obligations set out in this Agreement.

9. General

1. This agreement is not enforceable by any third party (whether under statute or otherwise).
2. Any notices under this Agreement shall be via email or in writing to the email address provided by the other party.
3. This Agreement is the entire Agreement between the parties in relation to its subject. No other terms apply, save where explicitly indicated within this Agreement.
4. You are not permitted to vary this Agreement. We may from time-to-time amend, update or vary this Agreement and we endeavour to give you reasonable notice of the same.
5. The unenforceability of any part of this Agreement will not affect the enforceability of any other part.
6. Unless otherwise agreed, no delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
7. This Agreement and any issues arising out of, or connected to it, are governed by English law and subject to the courts of England and Wales.

Schedule 1

1. Services

Services include:

1. Sleep Analysis
2. Initial 1:1 consultation online (90 minutes) / Home Visit (120 Minutes);
3. Sibling appointment + 30 minutes (per additional child) in addition to the consultation above.
4. Bespoke Sleep Plan; and
5. Continuing support: 4 x 30 minutes sessions online post consultation frequency to be determined and in response to the individual child and circumstances.

2. Bonus

1. Weekly WhatsApp support in between sessions, we endeavour to respond within 24 hours, unless otherwise communicated.
2. Bonus resource material to support your/child’s journey.

Payment:

Prices as advertised including sibling package discounts.