OUR TERMS AND CONDITIONS
1. INFORMATION ABOUT US AND HOW TO CONTACT US
1.1 Who we are. Our Company is registered in England and Wales as Creative Behavioural Solutions Limited. Our company number is 11350030
1.2 How to contact us. You can contact us by telephone, by email or by completing our enquiry form; contact details can be found at Contact Us
1.3 How we may contact you. We will usually contact you by telephone or in writing at the email address you have provided to us. Please note, that confirmation “in writing” will mean confirmation in writing by email, where an email address has been provided to us.
2. OUR CONTRACT WITH YOU
2.1 When our contract starts. Our contract with you (where the term ‘you’ means you as the parent or legal guardian who is entering into this agreement on behalf of the child user of the services (‘Service User’)) will start from the time we have both signed the Consent Form.
2.2 Our website. Our website is solely for the promotion of our services in the UK. We request that our customers review the information on our website concerning how we operate and, in particular, the section 'What to Expect'.
2.3 Confidentiality. We confirm that we will keep the existence and terms of our relationship, including all information disclosed by you to us, confidential at all times, except where disclosure of information is required in the circumstances described in clause 7.2, in which case we shall endeavour to ensure that any disclosure of information shall be as limited in scope as is practical in the circumstances.
2.4 Requesting changes in how we operate. If you would like us to change the way in which we are dealing with your family, please contact our Director Alison Hogan via phone (07472 220 020) or email (firstname.lastname@example.org). We will let you know if the change is possible and, if there is any impact on to the price or timing of our services, we will check back with you before making the change.
2.5 When we may make changes. It may be necessary in the future to change the way in which we do things to reflect any change of law or regulation impacting our business or to implement technical adjustments and improvements (for example to address a data security threat. If these changes are likely to impact you then we will notify you of them as soon as practical.
3. PROVIDING THE SERVICES
3.1 When we will provide the services. We will conduct assessments and deliver the ABA Programme to you at agreed and scheduled times. We will only use clinical staff who are quality assured to deliver the services.
3.2 Rescheduling appointments. If something happens which is outside our control and results in an appointment with you being postponed, then we will contact you as soon as possible to let you know and we will take steps to reschedule the appointment. If we need to postpone for a period of more than two weeks and you wish to end our agreement, we will refund any sums you have paid in advance for services not provided to you.
Any cancelled sessions made with less than 24 hours’ notice are charged. Any additional cancelled sessions may be charged at our discretion. This is to ensure that sessions are not cancelled on a regular basis which affects progress and momentum, which ultimately compromises clinical effectiveness.
If we turn up to a session and the service user is deemed too ill for session by our staff, we will make the decision not to provide services on that day. We, therefore, ask you to notify us of any illness in advance so that we can reschedule sessions without charging, as failing to notify us with result in us charging for the session.
3.3 Holidays. To ensure we can provide a predictable working schedule for our staff, and keep staff teams intact to provide a consistent level of support, we require at least one month’s notice of family holidays lasting more than five days. For planned holidays of up to 2 weeks in duration we are able to guarantee the same team will be available to recommence service. We are unable to hold a team for holidays over 2 weeks and may need to reassign team members.
4. ENDING OUR AGREEMENT
4.1 What happens if you wish to end our agreement. If you are ending our agreement with immediate effect for a reason set out at (a) to (e) below we will refund you in full for any services which have not been provided or have not been properly provided:
(a) we have told you about an upcoming change to our services or these terms which you do not agree to;
(b) there is a risk the services may be significantly delayed because of events outside our control;
(c) we suspend the services for technical reasons for a period of more than two weeks; or
(d) you have a legal right to end the contract because of something we have done wrong.
4.2 Notice period. Unless you have a right to end the contract immediately (see clause 4.1), we require 30 days notice of termination of our agreement. For example, if you tell us you want to end the contract on 4th February we will be entitled to charge for our services, as planned under the agreed ABA Programme, up to 3rd March and will refund any sums you have paid in advance for services after 3rd March.
4.3 What happens if we wish to end the agreement. At our discretion, we may end our agreement at any time by writing to you, and charge you our fees for the notice period set out in 4.2 above if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you repeatedly withhold information that is necessary for us to effectively deliver services to the Service User; or
(c) on three or more occasions you have cancelled scheduled appointments on less than 24 hours notice; or
(d) in delivering the ABA Programme to you a member of our clinical team or any company representative is subjected to any unwanted physical, verbal or non-verbal conduct that has the purpose or effect of creating an intimidating, hostile, or offensive environment for them to work in. This includes an environment in which staff are unable to implement the ABA Programme that had been previously agreed by you during the meeting between yourself and the ABA Consultant regarding the assessment report, programme set-up, and targets relating to the programme.
4.4 How to tell us about problems. If you have any questions or complaints about the services provided by us, please ask to speak to our Director.
4.5 Your rights. Nothing in these terms will affect your legal rights. For detailed information on consumer rights please visit the Citizens Advice website, www.citizensadvice.org.uk.
4.6 Our guarantee. We offer a goodwill guarantee in addition to your legal rights. If you are unhappy with a service we have provided to you, we will use every effort to fix the problem free of charge, without significant inconvenience to you, as soon as we reasonably can and, in any event, within [two weeks]. If we fail to fix the problem by this deadline, or without significant inconvenience to you, we will refund the price you have paid for the service.
5. PRICE AND PAYMENT
5.1 Where to find the price for the services. Please note that there is a one-off cost for an initial/once off assessment and subsequent initial programme design and set-up (based on an hourly rate of up to 6 hours). The one-off cost of assessment requires a 50% up-front payment prior to commencement, with the balance due once the assessment report has been provided to you. On-going costs are agreed on an individual basis, with an example on going contract of a workshop for 3 hours every 4-6 weeks. Our hourly rate is charged at £85 per hour plus mileage at 0.36 pence per mile.
5.2 When you must pay and how you must pay. We will require you to make advance monthly payments by way of direct debit for the Services that we have agreed will be supplied in the following calendar month. We will accordingly invoice you for the agreed hours. If, in accordance with these terms, you are due a refund on any service that has not been provided, this will be reflected in the next monthly invoice from us.
5.3 Minimum Commitment. In signing a consent form, we will both agree to a commitment of a minimum number of hours of service delivery per week.
5.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know by emailing us at email@example.com
6. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
6.1 We are responsible to you for foreseeable loss and damage caused by us but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time we entered into this agreement, both we and you knew it might happen, and therefore had discussed the risk.
6.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
6.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing damage to your property.
7. HOW WE MAY USE YOUR FAMILY’S PERSONAL INFORMATION
7.1 How we will use your personal information. We will use the personal information you provide to us only to:
(a) provide the services; and
(b) process your payment for such services.
We shall not use your personal data for any other purpose.
7.2 Sharing personal information with specified third parties. We will only give your personal information to third parties (for example, social services) where the law requires us to do so or where we have agreed upfront with you in writing that it is essential to the successful delivery of our services that such information is shared with an agreed list of third parties.
7.3 Security of information. We will use all reasonable measures to keep your personal data secure and shall only process it in accordance with UK data protection rules.
8. OTHER IMPORTANT TERMS
8.1 No third party shall have any rights to enforce any of the terms of this agreement.
8.2 Each of these terms operates separately. If any court decides that a term is unlawful, the remaining terms will remain in full force and effect.
8.3 These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Wales, Scotland or Northern Ireland, you may bring legal proceedings in respect of our services in courts local to you.
8.4 Alternative dispute resolution. Alternative Dispute Resolution (ADR) is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. A full list of ADR approved bodies can be found on the Trading Standards website (www.tradingstandards.uk/advice).