Terms & Conditions:

1. Agreement:

This Agreement will come effective upon the Trainee (‘you’, ‘your’, ‘yours’) acceptance of this Agreement by your use of this Site or the services of The Provider (‘Gavin McClean’) and will remain in effect unless terminated hereunder. Together with the Subscription Form, Informed Consent and Waiver Declaration these Terms and Conditions comprise the entire agreement between you and the Provider.

 

2. Duration:

When you subscribe to the services of the Provider you are agreeing to remain a subscriber for the Commitment Period. If you choose to pay your subscription fees monthly, it is your responsibility to ensure that the payments end at the end of the Commitment Period at the fee rate applicable to your subscription type and category of subscription at that date, but subject to termination in accordance with termination rules detailed below. If you choose to pay your Commitment Period subscription fee in advance, your subscription to the services of the Provider will terminate automatically on expiry of the Commitment Period.

3. Fees:

The Provider will set the level of the subscription fees and will review such fees periodically. The Provider reserves the right to change the level of the fees from time to time but guarantees that your fees will not increase during your Commitment Period. For any changes to the monthly fees, the Provider will give you at least 30 days written notice.

 

3.1 Subscription Fees: The level of subscription fee shall be determined according to the type and category of subscription.

3.2 Should any subscription fee not be paid within 30 days of the due date, the full subscription fee for the remainder of the Commitment Period will automatically become due and payable in full.

3.3 Any unpaid and overdue subscription fees refereed to debt collection agency will be subject to a surcharge of no more than £150 to cover the administration charge incurred. Furthermore, any unpaid and overdue subscription fees refereed to debt collection agency will be subject to collection costs and legal fees (at 2% over Santander Bank interest rate). These charges, together with all other charges and legal fees incurred in the collection of the overdue subscription fees, will be the responsibility of the Trainee and will be legally recoverable from the Trainee.

 

4. Suspension of subscription:

You may, if unable to make use of the subscription services by reason of illness or injury, suspend your use of the subscription services for one continuous period of at least 1 month and a maximum of 3 months upon provision of a doctor’s certificate or letter from a physiotherapist, with payment continuing in full during the suspension period. Any suspension during the Commitment Period will extend the length of your access to the services of the provider by the length of the period of your subscription is put on hold. Notice to terminate subscription cannot run concurrently with a suspension period. 

5. Termination:

 

5.1 Termination by The Provider:

The Provider may terminate this agreement in the following circumstances:

   

   a) If you commit a serious or repeated breach of this agreement of The Providers rules of subscription and the breach, if capable of remedy, is not remedied within 7 days of receipt of a default notice.

    b) If any part of your subscription fee remains unpaid 30 days after its due date for payment; or

     c) If you provide the provider with details which you know to be false when applying for subscription and the false declaration unfairly influences the providers decision to enter into the Agreement.

If The Provider terminates for any of these reasons, The Provider reserves the right to retain all payments made and claim for the other payments that would have been received had you properly performed the Agreement.  

5.2 Termination by you:

You may terminate this agreement in the following circumstances:

    a) You can give notice to terminate at any point during the Commitment Period, but this cannot end your subscription before the end of the Commitment Period.

    b) After the Commitment Period you may terminate your subscription by giving the Provider at least 1 full calendar months’ notice, so that your subscription terminates at the end of the following calendar month after notice was given.

    c) Both the Provider and you agree to terminate in the event that you fall ill or are injured preventing completion of the Commitment Period within 6 months of the original end date. The Provider will request reasonable evidence of your illness or injury – e.g. a doctor’s certificate.

 

6. Force Majeure:

The provider shall not be liable to the trainee for any failure, delay, or disruption of the services, caused by a Force Majeure event, whether or not such matters were foreseeable, and such failure or delay will not constitute a material breach of this Agreement. ‘Force Majeure Event’ means any caused beyond the reasonable control of the provider that could not, by reasonable diligence, be avoided including acts of God, acts of war, terrorism, riots, embargoes, acts of civil or military authorises, fire, floods, earthquakes, accidents or strikes.

©2019 Gavin McClean trading as Running Smarter