Our Terms of Service
1. Introduction
These Terms of Service (“Terms”) govern the use of consultancy services (“Services”) provided by EmpowerPath (“we”, “us”, or “our”) to any individual or entity (“you”, “your”, or “Client”). By engaging our Services, you agree to be bound by these Terms.
If you do not agree with these Terms, please do not engage our services.
2. Services Provided
We provide professional consultancy services including, but not limited to:
Interim Leadership, Co-Pilot Support, Training and Workshops, Facilitated Problem-Solving, Diagnostic Consultancy, Coaching and Mentoring.
The exact scope of Services will be defined in a separate written agreement, proposal, or statement of work between you and us.
Any changes to the scope of Services must be agreed in writing and may be subject to additional fees.
3. Engagement and Client Responsibilities
Engagement begins upon written agreement, contract, or proposal acceptance.
You agree to provide timely and accurate information necessary for the delivery of Services.
You are responsible for decisions made based on our advice.
We shall not be liable for any delays or failures in the performance of Services caused by inaccurate, incomplete, or delayed information provided by the Client.
4. Data Protection (GDPR)
We shall process personal data in accordance with applicable data protection laws, including the UK GDPR and Data Protection Act 2018. For more information, please refer to our Privacy Policy.
5. Confidentiality
Both parties agree to keep all confidential information strictly confidential and not to disclose it to any third party without prior written consent, unless required by law. This obligation remains in effect for 2 years following termination.
6. Intellectual Property
Unless otherwise agreed in writing, all intellectual property rights in deliverables created during the provision of Services shall remain vested in EmpowerPath, and you are granted a non-exclusive licence to use such deliverables solely for your internal business operations.
7. Independent Contractor
We are independent contractors. Nothing in this agreement shall be construed to create a partnership, joint venture, or employment relationship.
Neither party shall have authority to act as agent or bind the other in any way.
8. Non-Solicitation
You agree not to solicit or hire our employees, contractors, or consultants for a period of 12 months after the termination of our engagement, without our prior written consent.
9. Fees and Payment
No engagement shall commence until confirmed in writing by us.
All fees will be outlined in the proposal or agreement.
Fifty per cent of payment is due on engagement. The remaining payment is due as outlined in the proposal agreement.
Late payments may incur interest at a rate of 8% per annum above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
We reserve the right to suspend or terminate Services for non-payment.
10. Set off and counterclaim
The client may not withhold payment of any invoice or other amount due to us by reason of any right of set-off or counterclaim which the client may have or allege to have or for any reason whatsoever.
11. Cancellation and Termination
Either party may terminate the engagement with 14 days’ written notice.
Any cancellation by the Client must be in writing, and agreed as cancelled also in writing by us.
You remain liable for all Services rendered and expenses incurred up to the termination date.
Refunds, if any, are at our sole discretion and only in exceptional circumstances.
12. Disclaimers
We do not guarantee any specific outcomes. All recommendations and deliverables are based on professional judgment and information available at the time of service.
13. Limitation of Liability
13.1 Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability which cannot be excluded by law.
13.2 Subject to clause 13.1, our total liability for any claim arising from the Services shall not exceed the total fees paid by you for the Services in the 3-month period preceding the event giving rise to the claim.
13.3 We shall not be liable for any indirect or consequential loss, including loss of profit, data, goodwill, or business opportunity.
14. Force Majeure
We are not liable for any delay or failure in performance caused by circumstances beyond our reasonable control, including but not limited to natural disasters, strikes, pandemics, governmental actions, or internet outages.
15. General
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force.
We may assign or subcontract any of our rights or obligations without your prior consent.
Headings are for reference only and do not affect interpretation.
16. Rights of Third Parties
Nothing in these terms shall confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999.
17. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
18. Amendments
We reserve the right to modify these Terms at any time. We will notify you in writing of any material changes. Continued use of our Services after changes constitutes acceptance of the updated Terms.
19. Entire Agreement
These Terms, along with any signed agreement or proposal, constitute the entire agreement between the parties and supersede any prior understandings or representations.
Each of the parties agrees that save in respect of statements made fraudulently it shall have no remedy in respect of any untrue statement upon which it relied in entering this Agreement and that its only remedies shall be for breach of contract.
By engaging our services, you acknowledge that you have read, understood, and agreed to these Terms.