Terms of Sale

SCHEDULE 1

1. Use of the Zoom web-conferencing platform to access sessions with a Trainer (“the Services”) online
   We offer the Services online as an alternative that You can choose when You and/or the Trainer cannot attend a session in-person at Your premises for any reason or where You have chosen not to receive the Services at Your premises.
   We use technology which allows Us to provide the Services provided that You have the appropriate technology (see below) to receive the Services. For this purpose, We use the Zoom cloud-based web conferencing platform (“Zoom”).
   Where We are to make any of the Services available for You by means of Zoom rather than any other platform, it will be on the following basis.
2. The technology that We will be responsible for providingWe will subscribe to Zoom and will pay any necessary fees to Zoom to maintain that subscription. It will enable Us to act as “host” and to provide the Services to You over the internet via the Zoom facility.To receive or participate in any of the Services via Zoom, You will need to join an online session which is within the scope of Your Agreement. You will not need to pay any fee or charge to use the Zoom facility or join that session: You will only need to pay for the Services made available by Your Agreement.
   We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any Zoom App or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable You to use Zoom.
   We do not supply or make available the Zoom platform that You use to access any Programme Content. We do not act as agent or otherwise on behalf of Zoom or any other third party platform provider. We are not a party to Your download and use of that platform. We will have no responsibility or liability to You in any respect in relation to Zoom or any other third party platform provider. It will be subject to and governed by such terms and conditions and privacy policy of Zoom or other third party provider of the platform to You imposes on such download and use.
   Programme Content consisting of Background Items is not provided via the Zoom platform but is instead downloadable directly from Our Site.
3. The technology and other items that You will be responsible for providingIt will be Your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive and participate in the Services via Zoom.
   You will need to ensure that You have access to and use the following non-exhaustive list of facilities for this purpose:
   (a) An appropriate functioning Device which is adequately charged;
   (b) An up to date Zoom App where applicable. It will need to be downloaded to Your Device, and installed and working fully and correctly on Your Device, so that You can receive the Services;
   (c) Stable, reliable, internet access with adequate speed;
   (d) A location at Your premises (or other premises that You use) with a suitable environment in which to watch, listen, speak where appropriate, make notes, and otherwise to participate as necessary, without the presence of any other non-participating person to distract You or the Trainer except for any person(s) present at Your request and by arrangement with the Trainer;
   (e) Where the Device on its own does not provide an adequate microphone and/or loudspeakers for the purpose of the Services, external microphone and/or speakers as reasonably necessary; and
   (f) A camera and document sharing facility and or a screen sharing facility that is part of or connected to the Device which is adequate for the purpose of You and the Trainer being able to share and/or remotely view any text, still images, videos or other items during and in connection with a session.
4. Scope of what We make available to access
   We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.
   We do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving the Services. However, We may, if You request it, either before or during any session of the Services, and without charge, offer suggestions in good faith to resolve any problem with that technology that You report, but it will not be in the nature of advice to You. We do not therefore take on any responsibility or accept any liability to You if any such suggestion does not help You to resolve any problem or if by following any such suggestion You experience any other problem, loss or damage to Your Device, Your digital content or any other technology or other thing.
   Without in any way limiting anything in Clause 14 of the Terms of Sale, for the purposes of Clause 14, causes beyond Our reasonable control may include any of the following:
   (a) Where You are unable to resolve any technology problem (whether or not You have asked Us for or We have offered any suggestions as to how to resolve the problem); or
   (b) Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on; or
   (c) Failure of or defect in the Zoom platform used by Us or You to make the Services available to You; or
   (d) Lack of an appropriate functioning Device or any failure of or defect in a Device; or
   (e) Your inability to access the Services due to failure of or defects in Our Site etc.
5. We only offer Programme Content for use in the UK to businesses established in the UK. You may only enter into a Contract with Us with a main business address which is in the UK. Where you are based outside of the UK the Programme Content is provided in accordance with UK law and subject to the jurisdiction of the Courts of England & Wales. See Clause 19 above.
6. Your privacy and security on each occasion when the Services are accessed
   Note that any two way live session (not a pre-recorded one way transmission) that You purchase will be accessible only to You unless We specify and agree with You that it is to be made available on that occasion to any additional staff.
   If We do specify and agree with You that a particular two way live consultation session is accessible to You and to any other staff, the following will apply to such a session:
   (a) When You sign in to Zoom You should indicate Your business name and at a minimum the first name of each of Your staff participating;
   (b) You understand and are aware that there is a risk that such others may see and hear (via the video and/or audio facilities of the Zoom App and Your Device) not only You but also Your space and its surroundings and any documents or other materials in Your space and its surroundings, and other people in or near that space and its surroundings when You are participating in the session;
   (c) The space that You and Your staff use should be free of others who are not participating in the session and it should be difficult to see or hear via the Zoom App and Your Device any interactions between other people who are in or near that space and its surroundings. For example, You or those of Your staff participating in the session might decide to use a separate office or other private room used by those other people and/or You or Your staff might wear headphones;
   (d) There are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information;
   (e) We cannot ensure privacy or confidentiality due to the nature of two way sessions involving You;
   (f) In any event, it will be Your responsibility to ensure that there is a suitable space for You and Your staff to use when participating in any two way session in order to protect the privacy of You and those staff and the privacy of others in or near that space.
   We will not be liable to You for any loss or damage arising from Your failure to comply with the above requirements.
7. Particular communication or other requirements
   You acknowledge and agree that at least 48 hours before You participate in any session, You must tell Us of any special communication or other requirement, problem or circumstances of which You are aware which might be relevant to You or any of Your staff participating in that session. We will discuss with You any such matter that You tell Us about, and inform You if We are unable to accept Your order for a Subscription because of the particular requirement, problem or circumstances in question. If We do accept Your order, You will need to act in accordance with any instructions provided by Us relating to the matter
8. Our Trainers
   Please note that:
   (a) Unless We have otherwise agreed with You, We will in Our discretion decide which Trainer to assign to each session and where You Agreement comprises more than one session We may assign different Trainers to different sessions, but will endeavour to minimize the changes of Trainer from one session to the next in relation to each session.
   (b) In any event, the Trainer who We assign to any session will be appropriately qualified and/or experienced for that session.
   (c) Details of qualifications or experience of the Trainers who We may or will assign to any session will be available on request.
9. Your Brief
   Unless You choose to purchase only pre-existing standard sessions based on Our modules which We have available (i.e. content which We have previously created for clients generally), when We agree with You to plan, design and create session(s) specifically for You, We will work from Your initial outline statement of Your training requirements, and for that purpose We will ask You to give Us such a statement in advance of any online consultation session with You. Those requirements may be subsequently revised and developed by Us and/or You during the course of conducting any further (online or in person) consultation session(s) with You. In addition to changes which You or We choose to make, there may be changes that are necessary to comply with laws, standards, codes of conduct or other rules.
10. Our Services
    Supply and delivery of training programmes to You and Your staff
    We can provide new or existing sessions in relation to racial consciousness in the workplace and generally. We adopt a psychosocial approach targeted primarily (but not exclusively) at Executive Leaders, DEI Leaders, Coaches, Supervisors and mentors to empower them to influence and drive racial equity throughout their organisation.
    Consultations with You to identify training needs, design, plan and create training programmes
    Our offering is detailed on Our website at www.raisingracialconsciousness.com and comprised modules offered as one off engagements lasting 3 months or which form part of Your extended training programmes.For anything outside of this scope We can cover with You in online consultations (through discussion, explanation, information or advice):
    – Consideration of Your needs/ideas and Brief (see “Your Brief” above
    – Formulation of Our brief for a training programme
    – Suggestion of next step/s
    – Our Fee proposals for creation and/or provision of the bespoke services that You require.
    Where You or We consider it necessary to involve any third party(ies) (other than Your or Our staff) in any consultation session with You to facilitate planning, design, creation or identifying what is required to meet Your particular needs, either You or We may propose who that person is to be and why they are needed or relevant to the creation of the training programme that You need for You or Your staff. We will agree with You in each case whether that person will be physically in attendance with You or Us in order to join in the consultation session, or whether instead they will participate in the consultation session from other premises as an additional party via the web-conferencing platform that We and You use. Unless otherwise agreed with You, there will be no additional charge to You for that person’s participation in the consultation session concerned.
    Wed may charge a fee for the bespoke consultation process to be agreed in advance.
11. Nature and result of any consultation/s with You about training needs or programmes
    We will use Our reasonable endeavours to provide appropriate advice, suggestions and information, using reasonable care and skill, during (or as a follow up to) an online consultation session with You when We consider Your training needs, or We plan or design a training programme, or We consider or create any programme of training. However, the nature of any such online consultation session/s is such that We may be limited in how far or effectively We can by those means progress or provide such advice, suggestions, information, planning, design or creation. Each case will differ, depending on various factors.
    We make no warranty or representation and give no undertaking that:
    (a) any, or any particular, result will be brought about as a result of You consulting online with Us; or
    (b) We will carry out any work or provide any services for You other than providing those consultations or providing the Programme Content that We agree with You is included in Your Subscription, save as We may expressly agree under a separate agreement.
12. Nature and result of a session of training provided to You or Your staff
    We will use Our reasonable endeavours to provide You with all agreed training using reasonable care and skill. However, the nature of an online training session is such that there may be intrinsic limitations due to the online nature of it. Consequently, although dependent on various factors, the effectiveness or result of any one or more sessions will differ in each case.
    We will tell You before, during or after providing any session whether, in addition to that or any other online sessions, We will need to see in person either You or any of Your personnel in order to be able to provide the training in order to fulfil the training needs that You have explained to Us or a training programme agreed between You and Us. If Our view is that We need to see You or any of Your personnel for that purpose, We will discuss the situation with You and, unless You decline Our offer for Us to see You or Your personnel in person, We will endeavour to arrange an appointment to see You or Your personnel at Your premises. Any such meeting in person at Your premises, and any work carried out or services provided to You (other than provision under these Terms of Sale of any Programme Content) will be subject to Our standard terms and conditions applicable to in person appointments and to other work and services.
    We make no warranty or representation that, and give no undertaking that:
    (a) any, or any particular, result will be brought about as a result of You or Your staff taking part in any training session(s) or receiving or using any other Programme Content; or
    (b) We will carry out any work or provide any services for You other than or additional to providing Programme Content within Your Agreement, save as We may expressly agree under a separate agreement.
13. Miscellaneous
    Number of sessions needed: Where a Subscription is only for a standard pre-existing package of training that We offer that does not necessitate Us planning, designing or creating, altering or adding to any such standard pre-existing training for You specifically, the number of sessions will be as stated on Our website and as agreed with You when you purchase the relevant Services. In all other cases the number of sessions will be as stated by Us and agreed with You and set out in the Agreement.
    Period of a consultation or training session: Where a session is a live two way interactive session, it will be for 60 minutes (or any other period that We agree with You when You purchase Our Services).
    Punctuality: We expect You to be ready for a consultation or training session at least 5 minutes before the scheduled start time of that session to ensure that You are ready to start on time.
    Missing a consultation or training session: If You are not available for a session for any reason it is solely Your responsibility to ensure that You purchase an additional session if necessary.