Terms and Conditions of Business
You appoint Second Nature Behaviour Ltd (Company No. 12424594), registered in England & Wales and whose registered office is Unit 55, 51 Pinfold Street, Birmingham B2 4AY (“Second Nature Behaviour” or “We”) as your provider of those animal behaviour counselling services selected on the Key Details Sheet (and any subsequent Key Details Sheets that we may send you if you select other services), details of which are set out in the Key Facts (the “Services”). The Services will start on the date set out on the Key Details Sheet (“Start Date”) and will continue until the appointment expires or is terminated in accordance with the provisions of these terms.
2. Second Nature Behaviour’s Obligations
In consideration of the payment of the fees detailed below, we shall use all reasonable endeavours to provide the Services and any further services agreed between us in writing from time to time.
We may, with your permission, allow one of our students to assist in your case and they may therefore be present on consultations and may take over your pet’s case if appropriate. However, they will be under our supervision and we remain responsible for them.
3.1 You agree to pay us the fees set out on the Key Facts Sheet during the term of this Agreement or as may be agreed between us in writing from time to time.
3.2 If you fail to pay us in accordance with this Agreement, you shall also reimburse us for all reasonable expenses (including legal fees) incurred by us in collecting any unpaid amount together with default interest on late payments at a rate equal to 3 % per year above the base lending rate of the Bank of England from time to time.
4. Your Obligations
4.1 We will need certain information from you about your pet in order for us to provide the Services and for you to take specific steps, all as set out in the Key Facts Sheet. We accept no liability in the event that you suffer any loss due to inaccurate information regarding your pet or if you fail to take the recommended steps.
4.2 If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information or fail to take the necessary steps, we may make an additional charge of a reasonable sum to cover any extra work that is required or we may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us or not taken the requested steps after we have asked. If we suspend the Services under this clause , you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay any invoices we have already sent you.
4.3 We may provide you with advice regarding products for your pets; however, you will be responsible for purchasing such products on your own behalf and we accept no liability with regard to such products.
5. If there is a problem with the Services
5.1 In the unlikely event that there is any problem with the Services, please contact us and tell us as soon as reasonably possible. We will use every effort to resolve the problem as soon as reasonably practicable provided it relates to the Services.
5.2 If you are a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
If we provide you with manuals or other information, we or the third party author will own the copyright, design right and all other intellectual property rights of the product and any drafts, drawings or illustrations we make in connection with the Services for you.
7. Your 14 day ‘cooling off’ right to cancel
7.1 If you decide to cancel the contract in line with your ‘cooling off’ rights mentioned on the Key Details Sheet, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at firstname.lastname@example.org or by post to Unit 55, 51 Pinfold Street, Birmingham B2 4AY. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
7.2 Unless you have already received part of the Services in which case we will deduct the amount due for them, if you cancel your contract we will:
7.2.1 refund you the price you paid for the Services; and
7.2.2 make any refunds due to you as soon as possible and in any event within 14 days after you inform us of your decision to cancel the contract.
8.1 Either party has the right to terminate this Agreement immediately at any time by giving written notice to the other party in the event that:
8.1.1 the other party commits a material breach of this Agreement which cannot be remedied or a breach capable of being remedied and fails to remedy the breach within twenty one (21) days of a written request to do so; or
8.1.2 the other party is the subject of a bankruptcy order (if an individual) or becomes insolvent or makes any arrangement or composition with or assignment for the benefit of its creditors or if any of the other party’s assets are the subject of any form of seizure, or the other party goes into liquidation or a receiver or similar officer is appointed over the other party’s assets.
9. Limitation of liability
9.1 Neither party shall be liable to the other in contract, tort (including negligence) or otherwise for any indirect loss of profits, business or anticipated savings, or for any indirect or consequential loss or damage whatsoever.
9.2 Nothing in this Agreement shall exclude or restrict either party’s liability for fraud, death or personal injuries resulting from the negligence of that party or of its employees while acting in the course of their employment.
9.3 Subject to the preceding paragraphs of this clause, our 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 be limited to the Fees paid for the Services.
10. How we use your personal information
We do not endorse the use of physical punitive correction unless required to prevent injury. Our welfare and protection policy is that any health or welfare issues found to be of concern will be reported to the local government authority and RSPCA inspector, or local Police where appropriate.
11.2 Waiver: If we fail or delay in exercising a right we have under this Agreement, it does not mean that we will not enforce it at a later date.
11.3 Entire Agreement: This Agreement contains the whole Agreement between the parties relating to its subject matter and supersedes all previous written or oral agreements relating to it.
11.4 Severance: If any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable it may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect. The parties shall seek to amend such provision in such reasonable manner as achieves the intention of the parties without illegality.
11.5 Third Party Rights: No person who is not a party to this Agreement shall have any rights to enforce its provisions.
12. Law and Jurisdiction
This Agreement (and any non-contractual obligations) shall be governed by and construed and interpreted in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts.
If you are a customer using our services from outside the UK, then you must comply with all applicable laws and regulations of the country for which the services are provided. We will not be liable or responsible if you break any such law.
Please note: Your legal right to change your mind:
By law, if you enter into a contract at a distance i.e. where there is no face-to-face negotiation, or in a place that is not the business premises of the trader, you have a right to cancel within 14 calendar days from the date the contract is concluded. Please see our Terms and Conditions of Business on how to do so.
If you would like us to provide our service immediately, and if you subsequently decide to cancel within the 14-day cancellation period, you will need to pay for any services delivered until the point at which you cancel. You also acknowledge that if the service has been fully performed during the cancellation period, your cancellation rights will be lost.
Cancellation or re-scheduling of sessions: we keep to a tight timetable so as to arrange our resources for the day and to allow all our clients to plan their day and their pet’s routine. Therefore regrettably, if you do cancel a session or want to re-arrange it without giving at least five working days’ notice, we cannot refund the session paid for and any replacement sessions will need to be paid for at our current rates.
Note that where we collect payment in instalments, if you decide to cancel a package before it is completed (other than in accordance with your ‘cooling off rights’), the full Fee remains payable and will continue to be collected.
Key Contact: whilst Second Nature Behaviour Ltd will endeavour to provide the same key contact for your pet for all sessions, there may be times when they are on annual leave or sickness absence or are unable to provide the Services due to unforeseen circumstances. If this happens, we will let you know and resume the Services as soon as we are able.
By making a booking, you are accepting that participating in an activity with animals, children and adults poses a risk of injury to yourself and your pet, and you agree to indemnify us for all personal injury to any of our staff and damage to our property while attending the consultation. You also agree to make any person who accompanies you to the consultation aware that they are also there at their own risk.