TERMS OF BUSINESS
This website is owned and managed by SALES TRAINING WITH ENFYS represented by Enfys Maloney (“STWE”, “us”, “we”, “our”).
The Terms and Conditions related to the purchase of our services are aimed exclusively for consumers. Section 2 (3) of The Consumer Rights Act 2015 defines a consumer as “an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession”. These Terms and Conditions apply to all purchase contracts between us and you as a consumer (“Trainee”, “you”, “yourself”, “yours”) concluded using the STWE website.
By accessing and using this website or our social media platforms (collectively “Website”) and/or by engaging us to provide you with our services, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to be legally bound by these Terms, you may not access or use our Website for the purposes of accessing our services.
These Terms must be read in conjunction with our Privacy Notice which is available on our Website. We are committed to ensuring the security and privacy of your information and our Terms and Privacy Notice explain in more detail the categories of information we collect from you, the purposes for and the manner in which the information is processed and used.
1. Contractual Relation
1.1 These Terms constitute a contractual relationship between us and the Trainee (also referred to as “you”, “yourself”).
1.2 For the purposes of these Terms, STWE and the Trainee shall be collectively referred to as “the Parties” and individually as “a Party”.
1.3 The Parties agree to be bound by these Terms for the purposes of the supply of services by STWE.
2. Nature of Services
2.1 We provide sales training and sales mentoring designed for business owners and entrepreneurs, focussed on enabling more sales, increasing sales confidence, and resulting in higher conversions into sales.
2.2 Our services are delivered as:
a. One-to-one sales training sessions conducted by Enfys Maloney (“Sales Trainer”)
b. Sales training courses and workshops (“Group Courses”), which may include access to online community hubs
c. Bespoke sales training programmes for organisations, firms, corporate entities, and companies (“Organisational Clients”)
d. Sales training digital self- study courses (which can be purchased via our online shop (collectively “Services”)
2.3 We run an array of Group Courses, the details of which are made available and updated on the Website. You will be able to sign up to the Group Courses via the “Book Now”/ “Sign Me Up” feature on our Website or by emailing us at [email protected].
2.4 If you are interested in one- to- one training sessions, you can apply through the “Contact Me” page displayed on the Website, in which case you will be offered a complimentary 30 [thirty] minute discovery call (“Sales Discovery Call”) with us so that we can jointly determine your requirements, sales goals and whether we are a good “fit” to work with each other. You will subsequently be sent a proposal which you can, at your discretion, decide to accept or not.
2.5 You agree that while Group Courses, one-to-one sessions and bespoke training programmes will be designed to cater to your specific requirements and objectives, deciding how to incorporate the tools and techniques learnt at training, in your sales and operational activities and implementing them is exclusively your responsibility.
2.6 One-to-one sales training sessions (“Sessions”) may be held in-person at agreed venues and times, or at an agreed time over the telephone or online through the use of video-conferencing platforms. Bespoke Training programmes for organisations may be held at the organisation’s premises and/or online through the use of video-conferencing platforms.
2.7 As part of our training programme, whether bespoke or otherwise you will receive training material and notes (“Training Material”) to supplement the Sales Trainer led training.
3. Booking of Sessions
3.1 You can contact us in the following ways:
“Contact Me” button on our website (https://www.salestrainingwithenfys.co.uk/contact)
Email : [email protected]
Phone- +44(0)7377 860 257
3.2 Once you have decided to engage us for one to one/ private sessions, delivery dates, the venue and/or mode of delivery of the training sessions shall be mutually decided by the Parties.
3.3 Group Courses can be booked via our website or by emailing us at [email protected]. You will find details regarding the relevant Group Course on our website. Group Courses and programmes may run over several weeks. Although an indicative schedule will be provided for a Group Course, we reserve the right to make changes on account of public holidays, Sales Trainer’s illness and/or annual leave, emergencies and/or any other unforeseen circumstances. When you sign up for a Group Course you will be given login credentials to access the Training Materials and the community hub. Access to Training Materials will be granted for six (6) months from the date of enrolment, and to the community hub, for the duration of the Course.
3.4 Digital Courses can be purchased via our website, by adding the course you wish to purchase to the cart, checking out and completing payment of the purchase price.
4.0 Fees and Terms of Payment
4.1 Our fee for the Service(s) that you wish to purchase (“Fee(s)”) will be communicated to you at the conclusion of the Sales Discovery Call, or on enquiry if you have decided to book without the Sales Discovery Call.
4.2 Fees for a one-to-one Session must be paid prior to the Session or where it is a series of Sessions, the Fee for all the Sessions must be paid prior to the first Session of the series, as applicable.
4.3 In relation to one-to-one Sessions, if you are unable to pay the Fee up-front, in accordance with paragraph 4.2, a payment plan may be mutually agreed upon by the Parties. All payment plans will attract an additional Fee of 10% of the total Fee payable by you.
4.4 Fees for Group Courses must be paid in full in order to confirm your seat at the concerned Group Course. For Group Courses that run over several weeks, a payment plan may be available, details of which will be provided on our website. Details of a payment plan for one to one sessions that run over several weeks will be made available upon request. For payment plan options please email us at [email protected] *Please note that once you have started a Course/Programme by making a payment under a payment plan, and decide not to continue with the Course, you will be liable to pay for the entire Course in accordance with the payment plan. If there are personal circumstances that prevent you from continuing with the Course, we encourage you to speak to us (Enfys Maloney), so that we may be able to identify opportunities for you to join community calls/clinics at a later date, and for you to have access to Training Materials up to a certain duration
4.5 The purchase price of Digital Courses must be paid in full at the time of placing the order.
4.6 The terms of payment for Organisational Clients are outlined in paragraph 5 of these Terms.
4.7 Payments may be made online or via a bank transfer, the details of which will be shared with you when you purchase a Service from us.
4.9 Corresponding receipts relating to payments made by you will be generated and emailed to you for your records.
4.10 We reserve the right to not commence or to cease or suspend our Services to you, as applicable, until outstanding invoices have been paid in full.
5.0 Organisational Clients
5.1 We provide bespoke sales training and sales mentoring for the sales teams of Organisational Clients to suit their requirements and sales goals.
Organisational Clients may engage us for such bespoke sales training and sales mentoring programmes, customised exclusively for the concerned Organisation and to be delivered to selected employees (“Delegates”). If an Organisational Client engages us for our Services, we will execute a “Corporate Service Agreement” with them, which will outline all the terms and conditions relating to their purchase of our Services.
5.2 Fees for Services delivered to the Delegates of an Organisational Client shall be paid by the concerned Organisational Client in accordance with the terms of payment outlined in the Corporate Service Agreement.
6.0 Trainee’s Responsibilities
6.1 Trainee’s responsibilities
(a) You are solely responsible for attending the training programmes and Sessions. If you fail to attend a Session, the missed Session shall be deemed forfeited.
(b) You are responsible for implementing the tools and techniques learnt at the training programmes(s) and Session(s) and for taking forward any recommendations and points of action suggested by the Sales Trainer to help increase sales efficiency and achieve your sales goals.
(c) You shall be punctual and shall not, during training engage in any misconduct or any other behaviour deemed inappropriate. If you engage in misconduct or inappropriate behaviour during a training session, the Sales Trainer shall, without any liabilities, be entitled to ask you to leave the session.
(d) You shall not share, distribute and/or communicate in any manner the Training Material to third parties, including without limitation, other staff members and contractors of the Organisation you are employed by. A breach of this obligation shall be considered a material breach of the Terms, entitling us (i) to terminate our engagement to provide you with our Services and consequently this Agreement, (ii) to seek indemnification from you in respect of all losses, claims and expenses arising from the breach of your obligations under this paragraph and (iii) to seek remedies available to us under law and equity.
(e) In the case of Organisational Clients, the above responsibilities are applicable to their Delegates.
7. Rescheduling and cancellation of appointments
7.1 If you have signed up for a Group Course and you miss a session from it, there is no cover-up session, and the missed session shall be deemed forfeited.
7.2 If you have signed up for one-to-one Sessions, for the purposes of rescheduling or cancelling a Session, a minimum of 24 hours’ notice must be given to us, i.e., a request for rescheduling or cancelling a Session must be made at-least 24 hours prior to the original appointment.
7.3 Where you requested for an individual Session to be rescheduled, we will offer a new appointment subject to our availability and as far as possible within the overall time scale of the training programme initially set up by you, unless it is a single Session, in which case the Session shall be re-scheduled subject to our earliest availability. You shall be allowed up to two changes, unless a cancellation takes place due to a Force Majeure Event, in which case, you may be allowed to reschedule your Session, at the sole discretion of the Sales Trainer. With the exception of a request to reschedule your Session on account of a Force Majeure Event, in the event you wish to reschedule a Session for the third time, the Session shall be deemed forfeited. All forfeited Sessions shall be paid for in full.
7.4 The Sales Trainer may make up to two changes to the schedule of Sessions. In the unlikely circumstances of the Sales Trainer rescheduling an individual Session for the third time, the Sales Trainer will offer an extra Session pro-bono. Since Group Courses/programmes run over several weeks, we can only provide an indicative time scale of the Course, and we reserve the right to make changes, without liability, on account of public holidays, the Sales Trainer’s illness and/or annual leave, emergencies and/or any other unforeseen circumstances.
8.0 Collection and Processing of Data
8.1 All the information supplied by you will be treated as confidential and only processed to provide the Services or as described in this section and in our Privacy Notice which should be read in conjunction with these Terms, as they constitute important terms that apply to the collection, storage and use of your Personal Data.
8.2 For the purposes of Data Protection Laws the data controller is Enfys Maloney.
8.3 In the case of an Organisational Client, in relation to the Delegates’ Personal Data received from the Organisation, we are the data processor.
As an Organisational Client you warrant that:
(a) you collect and deal with an individual’s Personal Data including, without limitation the Personal Data of your employees in a manner that is compliant with applicable Data Protection Law
(b) you have informed the Delegates that their Data shall be processed by us for the purposes of the supply of Services by us to them and/or for purposes outlined in the Corporate Service Agreement, in the manner outlined therein and have obtained their consent in relation thereto
(c) in submitting your Delegates’ information to us, you are not, nor are you causing us to violate applicable Data Protection Law.
8.4 The primary purpose for which we will collect and use your Personal Data is to provide our Services to you and/or for the conduct of our operations. In addition, Personal Data will be collected and used for the purposes of due diligence, identity verification and for the purposes outlined in our Privacy Notice.
8.5 We may make audio and video recordings of Group Courses and subject to your consent, of your one to one Sessions for governance, quality control and monitoring purposes. These audio and video recordings will be shared exclusively with you and shall be made available on request only. We assure you that all such Personal Data will be treated as confidential and will be held strictly in accordance with, and as long as required, under Data Protection Laws and our internal policies and procedures. By proceeding to purchase our Services, you consent to us making audio and video recordings of your Sessions in accordance with this Clause 8.5. This Clause 8.5 shall also apply to Organisational Clients and their Delegates.
8.6 We may share aggregated anonymised data with third parties in order to monitor our services and to ensure consistent quality and safety relating to the services provided to clients.
8.7 At no point will we/the Sales Trainer identify a Trainee, Organisational Client or Delegate, unless they have given their specific consent to this. We will always seek permission from the relevant party before any attributed feedback or testimonial is used in our publicity material.
8.7 All notes and recordings that we make relating to your Sessions and any other details that you provide to us will be stored securely and will not be shared with third parties, unless the recipient of the information is an employee, independent contractor, or consultant of ours and/or unless we are legally required, under a court order, or otherwise to disclose your Personal Data.
8.8 For the purposes of these Terms and our Privacy Notice, which should be read in conjunction with these Terms:
(a) “Data Protection Laws” shall refer to the UK GDPR (General Data Protection Regulations), the UK Data Protection Act 1998, the GDPR and any/other data protection legislation that applies to us.
(b) “Personal Data” shall have the meaning given to it under Article 4 of the GDPR.
9.1 Follow-up sessions may be suggested on a case-by-case basis. We will recommend and encourage such number of follow-up sessions as we deem necessary to better realise your objectives. However, booking a follow-up session lies at your sole discretion.
10.0 Disclaimers and Limitation of Liability
(a) The contents of our website such as text, graphics, statistics, images, blogs, and any other content made available through the website (“the Content”) are for informational purposes only. The Content is not intended to be a substitute for professional sales training and/or sales mentoring.
(b) We therefore assume no liability if you rely on informative articles and/or Content published and made available on our website.
(c) The Parties agree that any comments made during Training sessions are expressions of opinion only. Also, we cannot guarantee a successful outcome of our Services as the results of Training sessions differ for different individuals and the success of Training is largely dependent on a Trainee’s own commitment and dedication towards these sessions and the practical application of skills acquired from Training. We discourage you from referring to the results gained by others from Training, as each individual’s experience and results will be unique.
(d) The outcomes described on our website and/or during Training sessions can neither represent nor guarantee the current or future experience, progress, or success of current or future Trainees.
10.2 Limitation of Liability
(a) Except as stated in these Terms, we make no guarantees, representations or warranties of any kind or nature, explicit or implicit with respect to the Services agreed upon and rendered.
(b) We do not assume liability for the outcome of the Services, as, the result of Training depends on a number of factors including without limitation, the Trainee’s own commitment, discipline, motivation and dedication towards their goals and their approach and attitude towards Training.
(c) We are not liable to you for any indirect, consequential, or special damages. We are not liable to any person who is not party to these Terms.
(d) Notwithstanding any damages that you may incur, our entire liability to you under these Terms, and your exclusive remedy, shall be limited to the amount actually paid by you to us, under this Agreement/these Terms.
(e) We will not be responsible for delays outside our control. If the supply of Services is delayed by an event outside our control, such as a Force Majeure Event or the Sales Trainer’s illness, we will contact you as soon as possible to let you know and we will take steps to minimise the impact of the delay. Provided that we do this, we will not be liable for delays caused by the event. Should there be a risk of substantial delay (30 [thirty] days or more) you may contact us to end the supply of Services to you or to cancel your enrolment for the Group Course or Sessions and receive a refund for any sessions, including one-to-one Sessions you have paid for but not received.
(f) The Trainees are not permitted to use our Training Material and/or programs for distribution to third parties. Should you use our training methods and/or Training Material for servicing third parties we will not be held liable for the consequences thereof.
(g) Where a Delegate cannot complete its training because the Delegate has ceased to be the Organisational Client’s employee before the completion of the Training, we shall not be held liable.
11.1 At STWE we maintain professional indemnity insurance, the details of which are available on request.
12.0 Training Material
12.1 As part of our Services we shall provide soft copies of Training Material to Organisational Clients and to Trainees who have signed up for one-to-one Sessions, and log-in credentials to participants of Group Courses to enable them to access the relevant Training Material. Participants of Group Courses shall have access to the Training Materials for six (6) months from the date of enrolment.
12.2 We may designate some of the Training Material as “Print-out Recommended”. It shall be your responsibility to arrange for printouts and hard copies of the Training Material prior to the Training sessions.
12.3 The Training Material is authorised to be used exclusively by the Trainees and Delegates. The Trainees and/or Organisational Clients and/or their Delegates shall not share, distribute and/or communicate in any manner the Training Material to third parties. A breach of this obligation shall be considered a material breach of the Agreement, entitling us (i) to terminate the supply of our Services to you (ii) to seek indemnification from the Trainee or the Organisational Client, as the case may be, in respect of all losses, claims and expenses arising from a breach of obligations under this Clause and (iii) to seek remedies available to us under law and equity.
13.0 Intellectual Property and Right to reference
13.1 Although tailored to the Trainee’s expression of interest, the Training sessions and the Training Material are created by STWE, as a result of which we are the exclusive owner of all Intellectual Property Rights to the Training sessions and the Training Material. We are also the exclusive owner of our logos and Trade Marks, whether or not published on our website (collectively “Our Intellectual Assets”).
13.2 The Trainees and the Delegates shall use our Intellectual Assets solely for the purposes of this Agreement and shall not reproduce, sell, offer for commercial benefit or otherwise, modify, distribute and/or communicate our Intellectual Assets to any third party. Doing the above-mentioned acts without our express consent will constitute a violation of our Intellectual Property Rights entitling us (i) to terminate the supply of our Services, (ii) to seek indemnification from you or the Organisational Client, as the case may be, in respect of all losses, claims and expenses arising from your and/or a Delegate’s, as the case may be, breach of obligations under this Clause and (iii) to seek remedies available to us under law and equity.
13.3 We shall, subject to your consent, which consent shall not be unreasonably withheld, be entitled to refer to you as our client for the purposes of promoting our Services, whether online or otherwise.
13.4 For the purposes of these Terms “Intellectual Property” means rights over a Party’s intellectual creation, including over inventions, innovation, Trade Marks, service marks, goodwill, the right to sue for passing off, copyright in literary, dramatic, musical and artistic work, rights to audio-visual works and sound recordings, utility designs and database rights, whether registered or not and shall include all applications made for the protection of intellectual property rights anywhere in the world.
14.0 Confidential information
14.1 The Parties hereby acknowledge that during the course of the supply of Services or during the course of a dealing, the Parties may be given access to each other’s Confidential Information and data relating to each other or each other’s businesses. For the purposes of these Terms, “Confidential Information” shall mean any information supplied by one Party to the other during the course of the supply of Services by us and/or in the course of a dealing between the Parties, and/or any information relating to a Party that is not in the public domain. Confidential Information does not include information to the extent that it is independently developed or known by the other Party (including because it is in the public domain) or required to be disclosed by law.
For the purposes of these Terms, the Party supplying the Confidential Information shall be referred to as “the Owning Party” and the recipient of the Confidential Information shall be referred to as “the Receiving Party”.
14.2 Obligations of Non-Disclosure and Non-Use
(a) Unless otherwise agreed to in advance and in writing by the Owning Party, the Receiving Party will not, except as required by law or under a court order, use the Confidential Information for any purpose other than for the purposes contemplated under these Terms. In addition, neither Party will disclose the Confidential Information belonging to the Owning Party, to any third party nor use it for the benefit of themselves or of any third party.
(b) We may disclose the Trainee’s, the Organisational Client’s and/or their Delegate’s Confidential Information:
(i) To our employees, independent contractors, free-lancers, consultants, partners, or co-workers (as applicable) on a “need to know basis” only which means that we may disclose the Confidential Information only to those of our employees, independent contractors, freelancers, consultants, partners, or co-workers who need to know such information for the performance of Services and/or for the conduct of our business
(ii) Where maintaining confidentiality conflicts with our duty of care
(iii) When an issue arises that we believe needs to be referred elsewhere. However, we will discuss this with you first
(iv) where you and/or the Organisational Client on behalf of the Delegates, as the case may be, have consented to it
By purchasing our Services you agree to your information being disclosed to the parties and in the manner outlined in paragraph 14.2(b) of this Agreement.
15 Force Majeure
15.1 Force Majeure means any event or combination of events or circumstances beyond the control of a Party which cannot:
(a) by the exercise of reasonable diligence, or
(b) despite the adoption of reasonable precaution and/or alternative measures be prevented, or caused to be prevented, and which materially and adversely affects a Party's ability to perform its obligations under this Agreement/these Terms.
A Force Majeure event shall include acts of God, fire, storm, flood, earthquake, explosion, accident, damage to business premises for reasons outside a Party’s control, acts of the public enemy, war, rebellion, riots, civil unrest insurrection, sabotage, epidemic, pandemic, quarantine restrictions, lockdown, government sanctions, labour dispute, labour shortage, prolonged power shortage, shortage of raw material, lack of access to any equipment or materials, ceasing to be entitled to access the internet for whatever reason for a prolonged period, server crashes, deletion, corruption, loss or removal of data, transportation embargo, failure or delay in transportation, any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency and/or any other analogous event.
15.2 If we are unable to provide in-person training as a result of a Force Majeure Event, we will offer you the option of conducting the training online. If you still require us to provide in-person training, the Parties shall determine the delivery date of the training by mutual agreement. If we are wholly or partially precluded from complying with our obligations under these Terms by Force Majeure, then our obligation to perform in accordance with these Terms will be governed by Clause 10.2.(e).
16.1 We welcome all feedback. All feedback can be given via email to [email protected]
16.2 We will seek constructive feedback from you on the process and on the work that we’ve done with you. You are free to give us feedback at any time.
17.1 If any term or provision of these Terms is or becomes invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed from the Terms. Any modification to, or severance of a provision under these Terms shall not affect the validity and enforceability of the rest of these Terms.
The remainder of the provisions shall continue in full force and effect as if these Terms had been agreed with the invalid, illegal or unenforceable provision eliminated.
18.0 Governing Law and Dispute Resolution
18.1This Agreement and Terms shall be governed by the laws of England.
18.2 While we do not anticipate this and will always strive to make our clients happy, in the event of any dispute arising from, or as a result of these Terms, the Parties agree to resolve it by amicable settlement. Should all efforts at amicable settlement fail (such efforts lasting for not less than 30 [thirty] days from the date on which the grievance or dispute arose) the Parties shall refer the dispute to a mutually appointed mediator, who shall be a neutral person with no ties to any Party. The costs of appointing the mediator shall be borne equally by the Parties. The Parties agree to uphold the settlement arrived at, at the conclusion of mediation. Should mediation fail, the courts of England shall have exclusive jurisdiction over any disputes arising under these Terms.
19.0 Entire Agreement
19.1 These Terms contain the entire agreement between the Parties relating to the subject matter and at the time of dealing with us supersede any previous agreements, arrangements, undertakings, or proposals, oral or written.
STWE reserves the right to vary these Terms and we request you to refer to these Terms at regular intervals to ensure that you stay completely updated.