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The Human Touch Service Agreement for the Provision of Counseling
Services
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In these conditions the following words
have the following meanings:
"you" means the person(s), firm or company who requests Services from The
Human Touch
"Contract" means any contract between The Human Touch and you
for the provision of Services, incorporating these Conditions.
"The Human Touch" means Marilyn Webb trading as The Human Touch whose
address for correspondence is: The Human Touch P0 Box 9105 Sutton Coldfield
B75 6LN.
"Services" means counselling services provided online via a secure
chat room.
"Working Day" means any day except a Saturday, Sunday or Public Holiday.
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| 2.1 Each request for Services
by you from The Human Touch is an offer by you to receive the Services subject to
these Conditions. |
| 2.2 Your request is not binding
on The Human Touch until The Human Touch [or a counsellor to whom the provision of
the Services has been sub-contracted ] accepts your request by sending you details
of an appointment for Services by e-mail. |
| 2.3 If The Human Touch does not
accept your request for Services, any personal information that you have supplied will
be removed from the computer hosting www.thehumantouch.co.uk as soon as reasonably
practicable. |
| 3.1 The Human Touch may sub-contract
the provision of the Services to any counsellor whose details are set out in the
[About Us] section of the www.thehumantouch.co.uk website. |
| 3.2 Save as provided in Clause 3.3,
all information disclosed by you to The Human Touch during the provision of the
Services shall be treated by The Human Touch as confidential and shall not be
disclosed by The Human Touch to any third party. |
| 3.3 In the event that, during the
provision of the Services, you reveal information which, in the opinion of The
Human Touch indicates that you have caused or may cause physical harm either to
yourself or to any other person, The Human Touch may notify any Third party who,
in its view, is the appropriate party to provide emergency intervention. In
this event, the information that you have disclosed during the provision of
Services together with details of your name [and your address] will also be
revealed. |
| 3.4 The Human Touch will use
reasonable endeavours to ensure that the text of online counselling sessions is
kept confidential. However, The Human Touch shall not be liable for any direct,
indirect, consequential, special or other damage resulting from third parties'
interception of online counselling sessions. |
| 3.5 The Human Touch may terminate
the provision of the Services at any time during a counselling session for any
reason whatsoever [and will refund the proportion of the fee payable in respect
of that portion of the Services that has not been provided]. In this event, The
Human Touch shall procure that the text of all online counselling sessions shall
be removed from the computer which hosts the www.thehumantouch.co.uk website as
soon as is reasonably practicable. |
| 3.6 The Human Touch shall keep a
printed copy of the text of all online counselling sessions for six years
from the date of the session. The text of the hard copy shall only be disclosed
to third parties in accordance with the rules of the British Association of
Counselling and Psychotherapy concerning such disclosures. |
| 4.1 You are responsible for
ensuring that all information that is provided to The Human Touch in your request
for Services is complete and accurate. |
| 4.2 You are required to attend
the online counselling session at the date and time notified to you by The Human
Touch [or the counsellor to whom the provision of the Services has been
sub-contracted]. In the event that you do not attend an online counselling session,
you will not be entitled to a refund of the fee unless the session has been cancelled
in accordance with the provisions of Clause 5. |
| 5.1 If you cannot attend the online
counselling session details of which have been notified to you by The Human Touch
[or the counsellor to whom it has sub-contracted the provision of the Services],
you will have the option to cancel the contract for Services [or to alter the time
of your appointment] by notifying The Human Touch either by e-mail to
admin@thehumantouch.co.uk or by first class post to The Human Touch P0 Box 9105
Sutton Coldfield B75 6LN unless the appointment for Services of which you have been
notified is for a date which is within seven Working Days of the date of acceptance of your
request for counselling, in which case you do not have the right to cancel. Notice
of cancellation of the contract for Services [or alteration of the appointment time]
must be received by The Human Touch within seven Working Days or the day following the
receipt by you of the notification of the time of your original appointment.
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| 5.2 Communications shall be deemed to have
been received:
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| 5.2.1 if sent by post to The Human Touch's
address given above and addressed to The Human Touch by name, on the day of posting.
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| 5.2.2 if sent by electronic mail to
The Human Touch's e-mail addressed displayed on www.thehumantouch.co.uk, on the
day of sending.
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| 5.2.3 In the event that you cancel
the contract for Services in accordance with the provisions of Clause 5.1, any fee
which you have paid in accordance with the provisions of Clause 6. I will be refunded
to you in full within [14] days of receipt of your notice of cancellation.
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| 6.1 The price for the Services shall be the price set out on The
Human Touch's website at the time when you request the Services. |
| 6.2 If due to an error the price shown on The
Human Touch's website is wrong, The Human Touch will inform you of the current price
and give you the opportunity to cancel your request for Services. |
| 7.1 Payment of the price for the Services
is due with your order and The Human Touch shall not he obliged to provide any
Services until the full price has been paid. Where payment is made by cheque,
payment shall be deemed to be made when The Human Touch receives cleared funds
for the payment. |
| 8.1 The Human Touch warrants that the Services
will be provided with reasonable skill and care. |
| 9.1 The Contract between you and
The Human Touch shall be governed by English law and you submit to the non-exclusive
jurisdiction of the English courts. |
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