Terms of Business

By engaging with any of our services, by sale or acceptance of any services, you agree to our comprehensive Terms of Business, which outline the conditions of our professional relationship and ensure a transparent, mutually beneficial partnership.

Definitions

For the purposes of these Terms, the following definitions apply:

"Services": The consultancy, courses, workshops, and paid support provided by Be Brilliant Consultancy.

"Client": The individual or organisation engaging Be Brilliant Consultancy for services.

"Confidential Information": All information disclosed during the engagement, including business strategies, proprietary information, and any other sensitive information.

1. Introduction

These Terms of Business ("Terms") constitute a legally binding agreement between Brilliant Teams ("we," "us," "our") and the Client ("you," "your"). By engaging our services, you agree to comply with and be bound by these Terms. In the absence of a signed contract, these Terms shall take precedence and be legally binding.

2. Services

2.1 Scope of Services

Brilliant Teams provides a comprehensive range of consultancy services related to teams and leadership growth, development, and transformation. This includes, but is not limited to, strategic advice, skills assessment, team development, courses, toolkits, mentoring, and the implementation of systems and processes.

2.2 Courses and Workshops

We offer bespoke courses and workshops designed to enhance the team performance and leadership capabilities within your organisation.

2.3 Paid Support

Our paid support services encompass ongoing mentoring, strategic consulting, learning programmes and customised consultancy packages tailored to meet your specific organisational needs.

3. Engagement and Scope of Work

3.1 Proposal and Acceptance

Prior to commencing any project, we will provide a detailed proposal outlining the scope of work, deliverables, timeline, and fees. Engagement is confirmed upon written acceptance of the proposal by the Client.

3.2 Changes to Scope

Any modifications to the agreed scope of work must be documented and mutually agreed upon in writing. Additional fees may apply for changes or additions to the original scope.

4. Fees and Payment

4.1 Fee Structure

Our fees are outlined in the proposal and may be structured as license fees, fixed rates, hourly rates, or retainers, depending on the nature of the services provided.

4.2 Invoicing and Payment Terms

Invoices will be issued according to the schedule outlined in the proposal. Payment terms are net 15 days from the date of the invoice, unless otherwise agreed or stated.

4.3 Late Payments

In the event that an invoice is not paid within the agreed payment terms:

A one-off late fee of £500 will be applied.

Interest will be charged at the standard Bank of England rate.

We reserve the right to remove any previously imposed and agreed fee reductions, and the full price will be charged for all services rendered.

4.4 Non-Payment Procedure

If an invoice remains unpaid:

7 Days After Due Date: A reminder will be sent, a late fee imposed and services may be suspended until payment is received. The Client will be notified of the potential for service suspension. Any previously imposed and agreed fee reductions, will be cancelled and full fees will be charged for all services rendered to the date of invoice.

14 Days After Due Date: If payment is still not received, the agreement will be terminated. All fees for services provided up to the date of termination will still remain due. We reserve the right to revoke any licensing and remove any products delivered under the agreement with immediate effect.

28 Days After Due Date: If payment remains unpaid after 28 days, we will take the unpaid invoice to small claims court or instruct legal proceedings depending on the amount due. All legal costs incurred in the recovery of the debt will be sought from the Client.

4.5 Expenses

Any expenses incurred during the provision of services, such as travel, accommodation, and materials, will be billed to the Client at cost, unless otherwise agreed in writing.

4.6 Fee Review and Adjustments

Fees are subject to annual review, and we reserve the right to increase our fees after each 12-month period and/or with 30 days' notice. Fee increases due to late payments are effective immediately upon breach of payment terms.

5. Client Obligations

5.1 Payment

The Client is obligated to pay all invoices on time according to the payment terms specified in the proposal and these Terms.

5.2 Information and Access

The Client agrees to provide all necessary information, resources, and access required for the successful completion of the project. Delays in providing such information or access may impact the project timeline and deliverables.

5.3 Decision-Making

The Client will designate a primary point of contact responsible for making decisions and providing approvals in a timely manner to avoid project delays.

5.4 Compliance

The Client agrees to comply with all applicable laws and regulations related to the services provided.

5.5 Conduct

The Client agrees to treat our team with respect and professionalism at all times. Abuse, harassment, or any unlawful acts towards our team or in relation to the services provided will result in immediate termination of the agreement.

6. Our Obligations

6.1 Provision of Services

Brilliant Teams agrees to provide the services outlined in the proposal with reasonable skill, care, and diligence, in accordance with industry standards and best practices.

6.2 Professional Conduct

We commit to conducting our services in a professional and ethical manner, ensuring that our actions and advice are in the best interests of the Client.

6.3 Communication

We will maintain open and transparent communication with the Client, providing regular updates on the progress of the project and promptly addressing any issues or concerns that may arise.

6.4 Confidentiality

We will treat all information shared by the Client as confidential and will not disclose any such information to third parties without the Client’s prior written consent, except as required by law.

6.5 Compliance with Laws

We will comply with all applicable laws and regulations in the performance of its services.

6.6 Intellectual Property Rights

We will ensure that all intellectual property created during the engagement is original and does not infringe on the rights of any third party. Upon full payment, the Client will be granted a licence to use this intellectual property as specified in these Terms.

6.7 Resolution of Issues

In the event of any issues or disputes arising during the course of the engagement, we will work collaboratively with the Client to resolve them promptly and effectively.

7. Confidentiality

7.1 Confidential Information

Both parties agree to maintain the confidentiality of all information disclosed during the engagement, including business strategies, proprietary information, and any other sensitive information.

7.2 Non-Disclosure

Neither party will disclose confidential information to any third party without prior written consent, except as required by law.

8. Intellectual Property and Licensing

8.1 Ownership

All intellectual property developed during the engagement, including reports, strategies, and materials, remains the property of Brilliant Teams until full payment is received.

8.2 Licence

Upon full payment, the Client is granted a non-exclusive, non-transferable licence to use the intellectual property for the purposes outlined in the proposal. This licence is restricted to the nominated and named participants and is limited to the specified number of individuals agreed upon in the proposal.

8.3 Non-Transferability

The licence provided is strictly non-transferable and is granted for a specified period. Any use of the intellectual property beyond the agreed scope or by individuals not named in the agreement is prohibited and will incur additional fees, payable immediately upon notification.

8.4 Revocation

In the event of non-payment, we reserve the right to revoke the licence and remove any products delivered. This revocation will take immediate effect upon breach of the payment terms.

8.5 Additional Licensing Costs

If the intellectual property is used outside the agreed terms, including but not limited to use by additional individuals or beyond the specified period, additional licensing costs will be incurred. These costs are due immediately upon discovery and notification of the breach.

8.6 Protection of Intellectual Property

The Client agrees to take all necessary steps to protect the intellectual property and proprietary materials provided by Brilliant Teams . This includes, but is not limited to, preventing unauthorised access, copying, or distribution of our intellectual property.

8.7 Editing and Changes

Any content provided under a licence is not to be edited or changed without written approval from Brilliant Teams . Any unauthorised changes will incur a change fee, with a minimum charge of £5000, payable immediately upon notification.

8.8 Return or Destruction of Confidential Materials

Upon termination of the agreement, the Client agrees to return or destroy all confidential materials provided by Brilliant Teams.

9. Limitation of Liability

9.1 Extent of Liability

Our liability for any claim arising out of this agreement, whether in contract, tort, or otherwise, shall be limited to the fees paid by the Client for the services in question.

9.2 No Consequential Damages

We shall not be liable for any indirect, incidental, or consequential damages, including loss of profits or data, arising out of or in connection with our services.

9.3 No Guarantee of Results

Brilliant Teams does not provide any guarantee on the results of our services. The effectiveness of our services depends on various factors beyond our control, and we do not warrant any specific outcomes.

10. Termination

10.1 Termination by Client

The Client may terminate the agreement with 30 days' written notice. Fees for services provided up to the date of termination will be payable.

10.2 Termination by Brilliant Teams

We reserve the right to terminate the agreement if the Client fails to meet their obligations, including timely payment of fees, or if the Client abuses the provision of services, or our team, or commits any unlawful act. Termination due to non-payment of fees will take effect 14 days after the payment due date. Fees for services provided up to the date of termination will remain due. Additionally, we reserve the right to revoke any licensing and remove any products delivered under the agreement with immediate effect.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the United Kingdom. For global clients, the laws of the United Kingdom shall still apply, and any disputes shall be resolved in UK courts unless otherwise agreed in writing.

12. Amendments

We reserve the right to amend these Terms from time to time. Any amendments will be communicated to the Client in writing and will take effect immediately upon such notice.

13. Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms, the parties agree to attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiations, the parties agree to consider mediation before resorting to litigation.

14. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, or governmental action.

15. Indemnification

The Client agrees to indemnify and hold harmless Brilliant Teams , its directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including legal fees) arising out of or in connection with the Client's use of our services or breach of these Terms.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that most closely matches the intent of the original provision.

17. Entire Agreement

These Terms, together with the proposal, constitute the entire agreement between the parties and supersede all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter herein.

18. Warranties and Representations

18.1 Authority

Both parties warrant that they have the authority to enter into this agreement and perform their respective obligations.

18.2 Client Warranties

The Client warrants that they have obtained all necessary permissions and rights for Brilliant Teams to perform the services outlined in our accepted proposals.

19. Insurance

Both parties agree to maintain appropriate insurance coverage, including professional liability insurance, throughout the term of this agreement.

20. Confidentiality

20.1 Duration

The obligations of confidentiality shall remain in effect during the term of the agreement and for a period of five (5) years thereafter.

20.2 Exceptions

Confidential Information does not include information that:

• Is or becomes public knowledge through no fault of the receiving party.

• Is received from a third party without breach of confidentiality.

• Is independently developed by the receiving party without the use of Confidential Information.

21. Data Protection

Both parties agree to comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR), and to protect the personal data processed in connection with this agreement.

22. Assignment

Neither party may assign or transfer any rights or obligations under this agreement without the prior written consent of the other party.

23. Notices

Notices under this agreement shall be in writing and shall be delivered by hand, sent by registered mail, or email to the addresses specified in the proposal.

24. Waiver

The failure to enforce any provision of this agreement shall not be construed as a waiver of any rights, nor shall it affect the validity of this agreement or any part thereof.

25. Survival

The provisions of confidentiality, indemnification, intellectual property, limitation of liability, and any other provisions which by their nature are intended to survive termination, shall survive the termination or expiration of this agreement.

26. Counterparts

This agreement may be executed in counterparts, each of which shall be deemed an original and together shall constitute one and the same instrument.

28. Succession and Transfer of Rights

In the event that Brilliant Teams ceases operations, all rights, obligations, and intellectual property held by Brilliant Teams under these Terms shall be transferred to Emma Clayton. Emma Clayton shall assume full responsibility and authority to manage and execute any remaining or ongoing obligations as per these Terms. This clause ensures continuity and protection of all parties' interests in the event of business closure.

29. Contact Information

For any queries or concerns regarding these Terms, please contact us at:

Brilliant Teams

85 Great Portland Street
London

W1W 7LT