Ask Nutshell Terms & Conditions

TERMS AND CONDITIONS OF SALE - ASK NUTSHELL

The below Terms and Conditions of Sale (terms of sale) set out the terms applicable to the sale of this digital product.

If you are signing up to one of our programmes, you are confirming your acceptance to these terms of sale and by completing your purchase, you understand that you are entering into a legally binding agreement with Nutshell Services a company incorporated in England and Wales whose registered office is at 2 Peel Court 24 St. Cuthberts Way, DARLINGTON DL1 1GB

PURCHASE OF DIGITAL PRODUCTS AND SUPPORT

These terms of sale (together with any relevant documents referred to in them and including our Website Terms and Conditions) set out the terms on which we supply any of the following products via our site https://www.nutshellservices.co.uk/ (the site) to you:

Online workshop, masterclass or coaching sessions including ‘Ask Nutshell’ subscription

You will be asked to confirm that you have read, understood and accepted our terms of sale. You will not be able to subscribe unless confirmation is given. Any terms that you seek to impose in respect of your purchase of digital products through this site will not form part of any contract between us. Please read these terms of sale carefully before ordering any digital products from our site. If you have any queries on these terms please contact us at julie@nutshellservices.co.uk before placing any order.

By placing an order for digital products through our site, you warrant that you are legally capable of entering into binding contracts, that you are at least 18 years old and that you are purchasing our digital products for your private use only. You further warrant that you will not copy, rent, hire, record, edit, clip, exchange, lend, allow for the public performance, broadcasting, downloading or sharing of files or of access details, with anybody else other than maybe allowed under the terms of any licence that is granted to you as a part of the sale.

By placing an order for digital products through our site you agree that we may store, process and use personal data collected from you for the purposes of processing/fulfilling your order only. We work with third parties to process your payment (for example, Stripe) and they will also have access to your personal data to enable them to help us process/fulfill your order only. More information on how we may store, process and use your personal data is contained in our Privacy Policy.

By placing an order to subscribe to ‘Ask Nutshell’ you are aware that you will need to download the ‘Slack’ App to be used for communications.

You are responsible for ensuring that any hardware you use to download and/or access these digital products functions correctly with this site. You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. We are not obliged to ensure that our products are compatible with every manufacturer of mobile handsets.

1. SERVICES

1.1. The ‘Ask Nutshell’ Service provided is one of consultancy whereby Nutshell can respond and advise on advertising campaign questions submitted to them via the supplied Slack channel during stated office hours.

1.2. Nutshell will make best endeavours to respond to all requests within 1 hour

1.3. Office Hours are Monday 9.30am - 12.30pm and Thursday 11.30am - 2.30pm (excluding bank holidays)

1.4. Nutshell may take up to 4 weeks of holiday per year when the service will be temporarily unavailable, 30 days notice of any closure will be given and Nutshell will either offer alternate office hours or a prorated refund dependent on mutual availability.

1.5. Nutshell shall provide the Services with due care, skill and ability.

1.6. Other than as set out in clause 1.4. above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of both coaching and advertising, Nutshell does not guarantee any particular results.

2. SUBSCRIPTIONS

2.1. You are responsible for all charges and fees associated with connecting to and using the Slack App to contact Nutshell, including without limitation all telephone access lines (including mobile data and data roaming charges, when applicable), telephone and/or internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our services

2.2. By providing the details of a credit or debit card or payment account to be debited, you confirm that you are authorised to purchase the digital products and that you have the permission of or are the holder of the credit or debit card, PayPal or other account being used to pay for the transaction. All card payments and cardholder details may be subject to validation checks carried out by us and/or the card issuer. If any validation checks are required, we will not be held liable for any delays or non-delivery nor are we obliged to.

2.3. In respect of validation checks and authorisation carried out by the card issuer, if the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery or any bank charges applied to you. We are not obliged to inform you of the reason for the refusal.

3. FEES, RENEWAL, CANCELLATIONS & REFUND POLICIES

If you are a subscriber to our Service, you further agree as follows:

3.1. Agreement to Pay. You will be responsible for the fixed and periodic charges and fees (including prepayment plan fees for multiple periods or recurring monthly fees) you selected at the time of subscription.

3.2. Auto-Renewal. Your membership will automatically be extended for successive renewal periods of the same duration selected at the time of your purchase, at the then-current non-promotional subscription rate. Until you cancel, we will charge or debit your payment method at the beginning of your subscription. Your non-cancellation of the Services or continued use of the paid subscription features of the Service will reaffirm that we are authorised to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew and your subscription will be automatically downgraded effective as of the end of your current billing cycle. The renewal charge will be the same as the prior period’s charge, unless we notify you of a price change. You will be given 60 days notice of any price changes.

3.3. You can cancel your subscription at any time by contacting julie@nutshellservices.co.uk. We will attempt to process all cancellation requests within 72 hours after we receive your request. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. If you terminate your subscription it will remain active until the end of your then-current subscription period.

3.4. Refund Policy. In accordance with Distance Selling Regulations, you have the right to cancel and obtain a full refund within 14 working days of purchasing our digital products but only if you have not made any consultancy requests and not connected to the Slack channel made available within 14 calendar days from purchase.

3.5. Please note that some network/service providers may charge you an additional amount for downloading digital products to a mobile handset. We recommend that you contact your network/service provider to understand the nature and extent of any additional charges before downloading to a mobile device. Note that overseas roaming charges may also apply. We will not be held liable for any such charges.

4. STATUS

The relationship between NS and the Client will be that of independent contractor and nothing in this agreement shall render Nutshell your employee, worker, agent or partner

5. USER ACCOUNT AND SECURITY

In connection with your use of certain features of the Services, you will be required to complete a registration form. You represent and warrant that all user information you provide on the registration form or otherwise in connection with your use of the Services will be current, complete and accurate.

As a registered user of the Services, you are entirely responsible for maintaining the confidentiality of your user account information. You may not use the account or user name of any other member at any time. You must notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else’s user account information.

You are also entirely responsible for any and all activities which occur under your user account. We will not be liable for any loss that you incur as a result of someone else using your account, either with or without your knowledge. You may also be held liable for any losses incurred by Nutshell, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account.

6. CONFIDENTIALITY

Personal information or business information that you supply to us, other than information that is in the public domain, will be treated confidentially and in line with our Privacy Policy. Confidential information will not be disclosed to any third party, including for the purposes of marketing, without your prior permission. We will only disclose your information if it is necessary for the performance of our services or where so required by law.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Nutshell shall take all reasonable steps to ensure that they, or others to whom work has been delegated, refrain from causing damage to the Intellectual Property Rights belonging to the Client.

7.2 The Client shall not distribute any Intellectual Property Rights belonging to Nutshell to any third party without the written consent of Nutshell..

7.3 The Client and the Consultant shall not infringe the Intellectual Property Rights of any third party during the term of this Agreement.

8. LIABILITY

8.1. Nothing in clause 9 shall limit Nutshell’s liability for death or personal injury caused by Nutshell’s negligence or for Nutshell’s fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.

8.2. Nutshell shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the Client as a result of the Client entering into this agreement and Nutshell providing the Services.

8.3. Nutshell’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by the Client for the Services.

8.4.If Nutshell is prevented from or delayed in performing Nutshell’s obligations by the Clients act or omission or by any circumstance outside of Nutshell’s control, Nutshell shall not be liable to the Client for any costs, charges or losses sustained or incurred by the Client that arise directly or indirectly from such prevention or delay.

8.5. The provisions of clause 9 shall survive termination of this Agreement.

9. FORCE MAJEURE

Nutshell shall not be in breach of this Agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond my reasonable control.