Sweet Mental Health – Our terms of business with you

1. About these terms

1.1.  What these terms cover. These are the terms and conditions on which we supply our counselling and well-being services to you.

1.2.  Why you should read them. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1.  Who we are. We are Sweet Mental Health operated by Matthew Sweet, a sole practitioner in England and Wales. Our address is Torquay, Devon, United Kingdom.

2.2.  Disclaimer. We are in no way affiliated with or connected to the Brave Body Project.

2.3.  Our accreditations. We are a member of the British Association of Counselling and Psychotherapy.

2.4.  Insurance. We hold and maintain public liability insurance to a value of £2 million and professional indemnity insurance to a value of £1 million.

2.5.  How to contact us. You can contact us by telephoning 07724864869 or by emailing us at matthew@sweetmentalhealth.org.

2.6.  How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your instruction.

2.7.  “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1.  How we will accept your instruction. Our acceptance of our contract with you will take place when we tell you that we are able to provide you with the services (the “Confirmation”). At which point, the contract between us will commence.

3.2.  If we cannot accept your instruction. If we are unable to work with you, we will inform you of this and will not charge you for the services. This might be because of
unexpected limits on our resources which we could not reasonably plan for or because you have disclosed to us a pre-existing health condition.

4. Your rights to make changes

4.1. If you wish to make a change to the services please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

5. Our rights to make changes

5.1.  Minor changes to the services. We may change the services to reflect your health needs from time to time, changes to relevant laws and regulatory requirements imposed affect our practices and service offering;

5.2.  More significant changes to the services and these terms. In addition, as we informed you in the description of the services on our website, we may make the following changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.

6. Providing the services

6.1.  Our services. The team will use their skills and knowledge to design bespoke programmes of counselling and exercise tailored to your mental health, wellbeing and goals, as outlined in the Confirmation.

6.2.  Equipment. We will provide all necessary equipment and will agree with you an appropriate venue for training sessions such your home, your office or a public place to be agreed between us.

6.3.  Your behaviour. You must act responsibly and sensibly at all times. You must follow any safety warnings or instructions displayed or given to you by us. Ask us if you are unclear.

6.4.  Fitness for Participation. You must not participate if you are pregnant or under the influence of alcohol or non-prescription drugs. We are not qualified to express an opinion that you are fit to safely participate. You must obtain professional or specialist advice from your doctor before participating.

6.5.  Clothing. You are required to wear appropriate clothing and footwear. Clothes should be loose fitting and non-restrictive. Footwear should be comfortable and provide adequate support.

6.6.  Age Restrictions. You must be over the age of 18 to engage in our services. Proof of your age may be requested from you before commencement of the services.

6.7.  When we will provide the services. We will supply the services to you on the date(s) set out in the Confirmation until all instructed services are completed or we end the contract by written notice to you as described below (in clause 8).

6.8.  We are not responsible for delays outside our control. If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.

6.9.  What will happen if you do not provide required information to us. We will need certain information from you so that we can provide the services to you, for example:

(a)  A fully completed Health Questionnaire;

(b)  A signed Disclaimer;

(c)  GP or medical opinion or information, as deemed necessary by us to safely perform the services.

6.10.  If you do not, within a reasonable time of us asking for it, provide us with the information set out at Clause 6.9, or you provide us with incomplete or incorrect information, we may either end the contract (see clause 8.1) or charge you for any appointment you may not be able to attend as a result of the incomplete or incorrect information. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6.11.  It is your full responsibility at all times to inform us of any changes to the information set out at Clause 6.9, including but not limited to any changes to your physical and medical condition.

6.12.  Reasons we may suspend the services. We may have to suspend the services to:

(a)  update the services to reflect changes in relevant laws and requirements including but not limited to changes required by the British Association of Counselling and Psychotherapy;

(b)  make changes to the services as requested by you or notified by us to you (see clause 5).

6.13.  Your rights if we suspend the services. We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. You may contact us to end the contract if we suspend the services for longer than 1 week from the date of the suspended service, or tell you we are going to suspend them, and we will refund any sums you have paid in advance for services not provided to you.

6.14.  We may also suspend the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 10.2) we may suspend the supply of any further services to you until the outstanding amounts have been paid. As well as suspending the services we can also charge you interest on your overdue payments (see clause 10.3).

7. Your rights to end the contract

7.1.  You can always end the contract before the services have been supplied and paid for. You may contact us at any time to end the contract for the services, but in some circumstances we may charge you certain sums for doing so, as described below.

7.2.  What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:

(a)  we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 5.2);

(b)  we have told you about an error in the price or description of the services you have requested and you do not wish to proceed;

(c)  there is a risk the services may be significantly delayed because of events outside our control;

(d)  we suspend the services for staffing reasons, or notify you are going to suspend them for staffing reasons, in each case for a period of more than 24-hours; or

(e)  you have a legal right to end the contract because of something we have done wrong.

7.3.  What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 7.2, the contract will end immediately but we may charge you for:

(a)  any appointment for which you have not given at least 24-hours prior notice;

(b)  a cancellation fee amounting to any block-booking discount applied to the services, where the block-booking programme has not been completed by you.
(Example: If you instruct 10 sessions at a discounted block-rate, but request cancellation after 3 of session, those 3 sessions will be chargeable at the full price rather than the discounted block-booking rate).

We will refund any advance payment you have made for services booked outside the notice period.

8. Our rights to end the contract

8.1.  We may end the contract if you break it. We may end the contract at any time by writing to you if:

(a)  you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;

(b)  you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, a fully completed Health Questionnaire or signed Disclaimer;

(c)  you attend the appointment in unsuitable clothing that would not allow you to adequately and safely engage in the services; or

(d)  you fail to give 24-hours’ notice of cancellation under these terms.

8.2.  You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for services we have not provided but we may charge you for any appointment due to take place within 24-hours of our ending the contract.

8.3.  We may stop providing the services. We may write to you to let you know that we are going to stop providing the services. We will let you know in advance of our stopping the services and will refund any sums you have paid in advance for services which will not be provided.

9. If there is a problem with the services

9.1.  How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can contact us by telephoning us on 07724864869 or by email us at matthew@sweetmentalhealth.org.

9.2.  Summary of your legal rights. See below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says:

  • you can ask us to repeat a service if it’s not carried out with reasonable care and skill or get some money back if we can’t repeat it.
  • if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
  • if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

9.3. Our guarantee in addition to your legal rights. We offer the following goodwill guarantee which is in addition to your legal rights (as described in clause 9.2) and does not affect them. In the unlikely event you are not happy with the service provided, we will discuss your concerns with you and, at our entire discretion, arrange an additional appointment, free of charge.

10. Price and payment

10.1.  Where to find the price for the services. The price of the services will be the price set out on the Confirmation unless we have agreed another price in writing.

10.2.  When you must pay and how you must pay.

(a)  For one-off services: You can pay in advance or on the day of the session in cash or in advance using online banking (please ask us for our bank details). Any online payments must be authorised by us and appear in our bank account prior to the session.

(b)  For discounted block-bookings: You must make an advance payment for all services listed in the Confirmation, prior to your first session with us. You can pay on the day in cash or in advance using online banking (please ask us for our bank details). Any online payments must be authorised by us and in appear in our bank account prior to the session.

10.3.  We can charge interest if you pay late. If you do not make any payment to us by the due date (see clause 10.2) we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Starling Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

10.4. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

11. Disclaimer

IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THIS STATEMENT BEFORE INSTRUCTING THE SERVICES. IF THERE IS ANY TERM THAT YOU DO NOT UNDERSTAND, THEN PLEASE DISCUSS IT WITH US.

11.1. Our services are physically challenging and carries with them risks that we cannot eliminate. These include the risk of personal injury. In the absence of any negligence or other breach of duty by us, participation in the services is entirely at your risk.

12. Our responsibility for loss or damage suffered by you

12.1.  We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.

12.2.  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are as described and supplied with reasonable  skill and care.

12.3.  When we are liable for damage to your property. Should you opt to receive the services at your own property, you do so at your own risk and we shall not be responsible for the cost of repairing any damage caused by us or you to the property arising as a result of the services.

13. How we may use your personal information

13.1. How we will use your personal information. We will use the personal information you provide to us in accordance with our privacy notice.

14. Other important terms

14.1.  We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer, you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.

14.2.  Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.3.  If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.4.  Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.

14.5.  Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and legal proceedings in respect of the services are exclusively reserved to the English courts.