1. Definitions  

In these conditions the following words and expressions shall have the following meanings:  

“Company” means The Financial Planning Club Ltd.  

“Membership Agreement” means the order placed by the customer for membership of The Financial Planning Club under the terms of this agreement.  

“Customer” means any person or company that joins The Financial Planning Club and agrees to these Terms.  

”Services” means meetings, development, testing & training materials and other products and services supplied/provided to the Customer by the Company and accepted in accordance with these terms.  

“Minimum Initial Period” means twelve months from the date of the first service provided.  

“Registered User” means the Customer and their employees.   

”Benefits” means, assessments, training, information and support   

“Terms” means these terms and conditions of sale.  

“Termination Date” means the date these Terms finish.  

“Membership” means a minimum 12-month period   

2. Services   

All Services supplied and techniques provided to the Customer will only be used by its Registered Users and may not be used, passed on or resold to any third party or to any person who is not a Registered User and any infringement will be treated in accordance with Clause 7.  

3. Payment   

Annual membership of The Financial Planning Club costs £6,000 including VAT if and when applicable which will be paid Monthly via Direct Debit.   

4. Term and Termination  

The initial Membership Period for The Financial Planning Club is 12 months, after which the Customer may terminate the agreement with 3 months notice.   

Payment is required irrespective of the customer’s use of the service(s).  

The Company may terminate this Agreement with immediate effect without liability by serving written notice on the Customer and without prejudice to its other rights if:   

1. the Customer fails to remedy a material breach of these Terms which is not remedied within 7 days of written or verbal notice specifying the breach and requiring its remedy; or   

1. The Customer becomes insolvent or has an order made for its winding up or an administration order made against it.   

Upon Termination of this Agreement, without prejudice to any other rights or remedies the Company may have, all fees due to the Company shall become immediately due and payable.  

6. Indemnity and Liability  

All services are supplied only on the basis that the Company incurs no liability to the Customer, his or her employer or to any other party whether in contract or in tort (including negligence) or otherwise in respect of any matter arising out of the use of the services and knowledge acquired or out of the interpretation of the information thereby derived by the Customer, the Company or any other party.  

The Customer shall indemnify the Company in respect of any costs, claims, losses or liabilities incurred by the Company resulting from the acts or omissions of the Customer in relation to these Terms.  

The Company will carry out the Services with reasonable skill and care but shall not be liable to the Customer for any indirect or consequential loss (including loss of profit or business).    

The Company’s aggregate liability to the Customer however caused whether for breach of contract, negligence or otherwise (except in relation to death or personal injury) shall not in any event exceed that part of the relevant fee which has been paid by the Customer.  

7. General  

The Customer agrees that the Company provides the Services in good faith for the Customer and that the Company takes no responsibility for the improvement in performance in the Customer’s Registered Users, financial or otherwise.  

The Customer may not assign or transfer any of its rights or obligations without the Company’s prior written consent.  

The Company shall not be liable to the Customer or be deemed to be in breach of these Terms by reason of any delay or failure to perform any of the Company’s obligations, if the delay or failure was due to any cause beyond the Company’s reasonable control (including, and/but without limitation, act of God, fire, industrial action, terrorist activity or the unforeseen power failure, unavailability or malfunction of facilities, internet downtime, delays in products and delivery, equipment or software).  

Both parties recognise that information and data shared will be treated as confidential.  

8. Changes to Terms & Conditions  

The Company reserves the right to amend these Terms from time to time and will confirm any changes in writing 30 days before any changes take effect.   

9. Enforceability  

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which such terms and conditions are or might be effective, then to the extent of such illegality, invalidity or unenforceability, and in relation to such state or country only, such terms or conditions shall be deleted and severed from the rest of the relevant terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.  

10. Notices  

Any notice to be served shall be sent by first class post, or email. Notice shall be deemed served on the second working day after posting if posted or, if emailed, the next working day provided that valid transmissions slip or delivery receipt is received and a hard copy sent.  

11. Jurisdiction and Law  

These Terms shall be subject to and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.