Terms and Conditions
Parties:
Known as "We" or “Bisou Creative” or “Provider”
Bisou Creative
and
Known as "Client" or “You”
You the Purchaser of this Service
Services:
All services are provided by Imogen Allanson trading as Bisou Creative (the company).
Bisou Creative provides brand consulting. The services provided under these terms of business relate to Head of Brand where you will get:
3-Months of Mentorship & Brand Consulting
Monday-Thursday Messaging Support Access in Azura
1 x Monthly 90-Minute Strategy Call [3 in total]
Unlimited Audits + Reviews on Any Brand Assets
Access to Resource Hub
Private Notion Dashboard
This Agreement shall start upon purchase of services by the Client and shall be enforceable between the parties starting on that date.
By purchasing this service you will secure your space in Head of Brand. You will receive correspondence from us on the run-up to the start date with further details on the running of this service. The exact start date for this project will be subject to Bisou Creative’s availability.
Fees and Payment Terms:
The fees for all services shall be paid online via our Thrivecart checkout. VAT is not charged and there are no additional expenses.
If the Client elects to pay the fee for Services in monthly instalments as described on the sales page and third party checkout page, each instalment will be charged automatically on the same day of the subsequent month(s) until payment of the fee has been made in full.
We reserve the right to cease your access to our services immediately and permanently if a Fee payment is not received within 7 days of the due date. You will still be held liable for the full cost of the Services. After the 7-day period any outstanding sums become an unpaid debt. Bisou Creative reserve their right to seek statutory interest on any unpaid debts.
Cancellation and Postponement:
Should you desire to withdraw your participation in this service for any reason, notification should be made in writing to imogen@bisoucreative.com as soon as reasonably possible. In the event of cancellation, Client is not entitled any refund of any amounts paid to the Provider, and any outstanding payments of the Fee owing under this Agreement will immediately become due and payable to the Provider.
If in the unlikely event that we as the Provider need to cancel, we will notify you as soon as is reasonably practical and any future monies that are due to be paid will be cancelled on your behalf. We will deliver a final invoice for all Services completed up to and including the date notice is delivered including any amounts owing for Additional Services and/or Expenses. Upon payment of the final invoice, Client will be relieved from their obligations under this Agreement.
We may be required to make changes to scheduled sessions from time to time. In the event of any schedule change, we will provide as much notice as possible to Client and the Client will not be entitled to any refund of any portion of the Fee.
If an appointment needs to be rescheduled, the Client must directly notify the Provider or reschedule directly in the call scheduling app prior to the appointment time. If the Client fails to reschedule or provide notice and does not show up to the scheduled appointment, the appointment will be forfeited. The rescheduling of appointments will be subject to Bisou Creative’s availability at the time of rescheduling.
We require at least 24 hours written notice in order to reschedule a 1:1 session. The session will be forfeited if less notice is provided. You may only reschedule a session once within the timeframe of this Agreement.
Refunds:
We are committed to providing you with a high-quality service that is both efficient and effective. However, should there be any cause for complaint in relation to any aspect of our service, please contact Imogen at imogen@bisoucreative.com. We agree to look into your complaint carefully and promptly and take reasonable steps to resolve it.
Due to the non-tangible and digital nature of our services, we do not issue refunds or exchanges if you are unsatisfied. If Client cancels this Agreement for any reason whatsoever, the Client is not entitled to any refund of any amounts previously paid to the Provider, including any deposit, advance, instalment, or retainer.
Disclaimers and Limitations:
It is important that you are aware that you are solely responsible for implementing any feedback or suggestions given, call replays and guest trainings, as well as completing any workbooks or resources, joining live calls, accessing the resources and participation in Azura. It is your sole responsibility to do so in a timely manner according to the programme's structure. Delays in completing the resources provided will not stop the services from being provided, however, any failure to complete the trainings and resources on time, or at all, will significantly limit the effectiveness of any services provided.
In addition, please be advised we use other external platforms to carry out the services outlined in this Agreement and from time to time they may experience technical faults or glitches which may delay or prohibit the services being carried out. We will do their best to find solutions and alternatives if these circumstances arise.
Whilst many clients experience more confidence and clarity around their business as a result of our services, we offer no guarantees. Each person and business is different and results may vary.
All services provided are limited to a specific period which will be agreed in advance with a specific start and end date confirmed. This service will run exactly 3 months from the start date which is agreed upon between Imogen and the Client.
All services are performed by Imogen trading as Bisou Creative. No services are outsourced.
Intellectual Property Rights:
We retain all copyright in any document prepared in the course of carrying out any services on your behalf. Should you wish to use the document for additional purposes a licence fee can be agreed.
Communication:
Communication with clients will be via email or messaging communication platform, Azura, unless otherwise agreed in advance. Electronic communications are not totally secure and we cannot be held responsible for damage or loss caused by viruses. Our usual business hours are 9am until 5pm, Monday to Thursday, GMT. Outside of these times responses to any communications may not be read or responded to. Please be aware that as part of the content strategy for our business, social media posts may be uploaded to social channels outside of these hours.
Data Protection:
Your privacy and the protection of your personal data is important to me and it will be handled in the following way:
Apart from as outlined below, your data will only be used and processed in connection with the performance of the services listed above;
Your personal data will be kept confidential and will never be shared with unconnected third parties. It will be shared with third parties such as an accountant to allow them to perform accountancy functions;
We use a third party to process and receive any payments you make on our website. All information obtained during your purchase, such as name, address, payment method, credit or debit card number, and billing information — may be collected by both us and our payment processing platform;
Your data will be kept secure at all times and only stored electronically on devices which are password protected;
In order to ensure that the data held is accurate, all data will be obtained from you directly;
Your data will be stored for the minimum number of years following completion of the services to allow compliance with insurance obligations; and
All data collected will be limited to that which is necessary to allow the services to be performed.
Confidentiality and Retention of Information
Communications between us are confidential. We will take all reasonable steps not to disclose personal information about you and your business save for in circumstances as required by law or by me to perform the internal operations of my business, such as disclosure to an accountant.
Documents and information in relation to your matters will not be held longer than required by insurance provider obligations.
Limitation of Liability:
Services are provided to you with reasonable care and skill. Forseeable risks which could arise include the total loss of electronic devices, the total loss of access to social media accounts, external guest speakers failing to provide their workshops, technical faults. We will take all steps to avoid such an occurrence and any liability to you is limited to the amount of any fees paid.
I do not and cannot guarantee any specific results in respect of transformational mindset changes, brand growth, or engagement.
There will not be no liability to you for any delay or failure to perform our obligations if the delay or failure is caused by circumstances outside my reasonable control.
Assumption of Risk and Indemnification:
The Client expressly assumes all risks related to the services provided by Bisou Creative and any related activities as described herein.
Client agrees to indemnify and hold harmless Provider and its employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services provided herein.
Media Release:
The Client grants the Provider the right to use any comments, photos, videos that are posted in our community or website, in our marketing and promotional materials, now or at any time in the future. You acknowledge that this usage would require neither permission from nor compensation to you.
Third Party Rights:
No person other than the person provided with a copy of these Terms of Business shall be deemed to have the benefit of the services, or have any rights to enforce or rely on any of the terms.
Non-Disparagement:
The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement.
Applicable Law:
These Terms of Business are our standard terms and conditions of business and should at all times be construed in accordance with the laws of England & Wales.
The courts of England & Wales will have exclusive jurisdiction in relation to any claim, or dispute arising out of this engagement or any matter arising from it.