Terms and Conditions of EngagementParties :
Service and or equipment to be provided: GIM Ltd will provide those services and or equipment as set out in the Invoice. The acceptance of GIM Ltd services and equipment by the client or it's venues will constitute a contract to provide such services to the Client on a weekly basis unless instructed otherwise. Instructions by the Client may be sent by either recorded letter post or email to info@gyminmotion.com . Recorded letter post to be sent to GIM Ltd at the above address. Cost of Service The cost of the service and or equipment is set out in the invoice. VAT will be added to the cost of the service. GIM Ltd reserves the right to increase the cost of service by the RPI rate of inflation as announced annually in February. The Client will be advised by email of such increase. Should the Client continues to accept GIM Ltd services after the date of notification, it will be taken that the Client accepts the increase in cost for the services and or equipment supplied. RPI may be checked at https://www.ons.gov.uk/economy/inflationandpriceindices . Billing and Payment GIM Ltd will invoice the Client on completion of each class as contracted by the Client. In the event that more than one class is provided to a venue per calendar week, the Client will be invoiced on a weekly basis. The invoice generated will be despatched to the Client electronically using the agreed email address. Should the Client elect to have the invoice in question authorised by a member of staff on conclusion of the class, the Client must notify GIM Ltd in advance by email of their intention and submit the name of the authorising Staff Member to accounts@gyminmotion.com . Should the Client not agree with the invoice, the Client needs to contact accounts@gyminmotion.com quoting the relevant invoice number/numbers and the dispute within 7 (seven) calendar days from the date of the invoice/s in dispute. Failure to do so will be take that the invoice is correct and will be paid by the Client on the due date. The Client undertakes to settle the invoice within 30 (thirty) calendar days from date of invoice. Should the account become overdue, a recorded letter will be sent by post to the accounts department of the Client, or named Client contact and the outstanding account balance will become payable within 21 (twenty one) calendar days from date of such letter. Failure to settle the account within this period will result in the account being sent for collection. All collection costs, including interest on the outstanding balance, and a reasonable cost (£45.00 forty five pounds Sterling plus VAT) for the drafting of the recorded letter as outlined above will be charged to the debtor in addition to the outstanding account balance. GIM Ltd reserves the right to terminate services and or equipment to the Client within 30 (thirty) calendar days of the Client's account becoming overdue. Should the account be overdue for longer than 30 (thirty) calendar days, GIM Ltd reserves the right to charge statutory interest at the Bank of England rate plus 2(two) percent. All invoices are due to be paid on presentation unless agreed by GIM Ltd to the contrary in writing. Cash will not be accepted. GIM Ltd reserve the right to refuse to accept payment if the funds are received by GIM Ltd from sources which are unexpected and unexplained. In such event our invoice/s will remain outstanding. Payment of invoices from outside the United Kingdom should be made by wire transfer in Sterling. Cancellation of Classes The Client will give 24 (twenty four) hours notice of cancellation of a class. In the event of the class being cancelled without giving the required notice the Client will pay for the class in accordance with these terms and conditions as if it had taken place. Termination Prior to the first anniversary (one year) of the initial acceptance of services and or equipment from GIM Ltd each party can terminate the services and or equipment supplied from GIM Ltd by giving 8 (eight) classes notice to the other party. After the first anniversary (one year) of the initial acceptance of services and or equipment from GIM Ltd each party can terminate the services and or equipment supplied from GIM Ltd by giving 4 (four) classes written notice to the other party. Where the services and or equipment is supplied to a number of venues of the Client, a termination notice needs to be supplied for each venue. Should the client fail to terminate classes in writing, the notice period will be invoiced. Outstanding services and or equipment In the event of termination by the Client any service and or equipment paid for but not completed will be forfeited. Late arrival If the Client, or where the Client has procured the services of GIM Ltd in relation to any third party (the "Participant "), the Participant, or any member of staff the Client requires to be present for a class (the"Staff Member") is more than 20 (twenty) minutes late for the scheduled class, the class will be treated as cancelled and be invoiced as if taken place. Medical clearance Any Client, Participant or Staff Member will be required to have medical clearance as determined by GIM Ltd prior to GIM Ltd providing the Service. The Client warrants that they, the Participant or Staff Member are able to undertake the Service and there are no medical reasons or concerns indicating otherwise. Notices Any notice required to be given shall be given to the person either party by recorded mail post or email (info@gyminmotion.com) . The Client notice address will be deemed to be as per the Clients invoice details. Deemed receipt Any notice, invoice or statement served on the Client at its address either by hand or by first class post or otherwise by email transmission and shall be deemed served 48 (forty eight) hours after posting if sent by post or on delivery if it's delivered by hand and on completion of transmission is sent by email. Confidentiality All information regarding the business and affairs of each party to these terms and conditions will be kept confidential at all times unless written instruction/permission is given to disclose information or a party is compelled to disclose it by law. Data protection GIM Ltd will obtain information from the Client, Participants and Staff Members including personal data and will deal with that information in accordance with the Data Protection Act 1998 and the GDPR. Complaints Any complaints or concerns about the services and or equipment provided by GIM Ltd should be raised with: Gym In Motion Ltd, 1 Warren Bottom, Erwarton, Ipswich, Suffolk IP9 1LR to be marked for the attention of: Mr R Gladwell - Director. Applicable Law/Jurisdiction All matters arising from these terms and conditions are governed by English Law and are subject to the exclusive jurisdiction of the courts of England and Wales. |