Current as of 20 Jan 2022

Terms and Conditions

Who we are?

Welcome to www.dharmawellbeing.com, operated by Dharma Centre for Wellbeing Ltd (“We”).

We’re a company registered in England and Wales under company number 09549986, with our headquarters located at Lytchett House 13 Freeland Park, Wareham Road, Poole, Dorset, England, BH16 6FA. 


Got questions or need assistance? Feel free to reach out to us via email at enquiries@dharmawellbeing.com or give us a call on 0800 009 6126

1. Definitions

For the purpose of this agreement, the following terms shall have the meanings assigned to them herein: 

The Contract: Refers to the agreement between the parties involved, encompassing all terms, conditions, obligations, and responsibilities outlined within the document. 

Effective Date: Denotes the date upon which the Contract becomes legally binding and enforceable by all parties involved. 

Services: Represents the tasks, activities, or work to be performed by one party for the benefit of another, as outlined and specified within the Contract. 

Deliverables: Refers to the tangible or intangible products, results, or outputs that the party providing the Services is obligated to deliver to the other party as per the terms of the Contract. 

Charges: Signifies the fees, costs, or payments associated with the provision of Services or Deliverables, including any additional expenses outlined within the Contract. 

Client: Refers to the individual, organization, or entity that engages the services of the Consultant under the terms of the contract. The Client is the recipient of the services provided by the Consultant and is responsible for fulfilling their obligations as outlined in the agreement. 

Client Materials: Refers to any materials, data, information, or content, including but not limited to documents, specifications, images, graphics, audiovisual content, software, employee data, or any other proprietary or confidential information owned or licensed by the Client. These materials are provided by the Client to the Consultant for the purpose of fulfilling the obligations outlined in the contract. 

Outlined Deliverables: A document that outlines the specific details, scope, and requirements of a particular project or task to be undertaken within the framework of the Contract. 

Terms and Conditions: Refers to the overall set of rules, regulations, provisions, and clauses that govern the rights, obligations, and relationships between the parties as specified within the Contract. 

1. Terms

1.1 The Contract shall come into force upon the Effective Date. 

1.2 The Contract shall continue in force indefinitely until:

(a) all the Services have been completed;

(b) all the Deliverables have been delivered; and

(c) all the Charges have been paid in cleared funds, upon which it will terminate automatically, subject to termination in accordance with Section 10. 

2. Services

2.1 The Consultant undertakes to provide the Services to the Client in accordance with the provisions outlined in these Terms and Conditions. 

2.2 The Consultant shall ensure that the Services are delivered with a level of skill and care commensurate with the standards expected from a reputable service provider in the Consultant’s industry. 

2.3 The Consultant shall allocate sufficient personnel and expertise to effectively perform the Services, ensuring their timely and satisfactory completion. Additionally, the Consultant shall maintain regular communication with the Client regarding the progress of the Services and promptly respond to any written requests for updates. 

2.4 The Consultant shall adhere to all reasonable requests and directives issued by the Client pertaining to the provision of the Services. 

2.5 In fulfilling its obligations, the Consultant shall abide by any applicable internal policies and procedures of the Client that have been properly communicated and directly impact the provision of the Services.

3. Deliverables

3.1 The Consultant shall deliver the Deliverables to the Client. 

3.2 Upon receipt of a written request from the Consultant, the Client must promptly provide written feedback regarding the Consultant’s proposals, plans, designs, and preparatory materials related to the Deliverables. 

3.3 The Consultant shall endeavor to ensure that the Deliverables are delivered to the Client within the timeframe specified in Outlined Deliverables or as mutually agreed upon in writing by the parties. 

3.4 The Consultant warrants to the Client that: 

(a) The Deliverables will conform to the requirements outlined in Section 2 of the Outlined Deliverables as of the specified date. 

(b) The Deliverables will be free from material defects. 

(c) The Deliverables, when used by the Client in accordance with these Terms and Conditions, will not infringe upon the Intellectual Property Rights or other legal rights of any person, and will not violate the provisions of any law, statute, or regulation, in any jurisdiction and under any applicable law. 

4. Client Materials

4.1 The Client must provide the Consultant with the Client Materials specified in the Outlined Deliverables, following any timetable outlined in the Outlined Deliverables. 

4.2 Client hereby grants the Consultant a non-exclusive license to utilize, as reasonably necessary for fulfilling the Consultant’s obligations and exercising the Consultant’s rights under these Terms and Conditions, the Client Materials, including but not limited to copying, reproducing, storing, distributing, publishing, exporting, adapting, editing, translating, and sublicensing these rights. The Client warrants that the Client Materials, when utilized by the Consultant in accordance with these Terms and Conditions, will not infringe upon the Intellectual Property Rights or other legal rights of any person, and will not violate the provisions of any law, statute, or regulation, in any jurisdiction and under any applicable law. 

5. Intellectual Property Rights

5.1 The Consultant undertakes the following: 

(a) Assigns to the Client, with full title guarantee, all Intellectual Property Rights in the Assigned Deliverables, whether existing on the Effective Date or arising during the Term, excluding the Intellectual Property Rights in the Client Materials and Third Party Materials. This assignment covers the entire term of the assigned rights, including extensions, renewals, reversions, and revivals, and includes the right to pursue legal action for past infringements

(b) Grants the Client a non-exclusive, worldwide, perpetual, and irrevocable license to use the Licensed Deliverables (excluding Third Party Materials and Client Materials) for the purposes of [identify purposes]. 

5.2 The Consultant shall ensure that the Third Party Materials are: 

(a) Licensed to the Client in accordance with the relevant licensor’s standard licensing terms; 

(b) Licensed to the Client on reasonable terms notified by the Consultant to the Client; 

(c) Not licensed without prior written consent by the Client, except on reasonable terms agreed upon by both parties, such as a non-exclusive, worldwide, perpetual, and irrevocable license to use the Third Party Materials in connection with the Deliverables. 

5.3 To the fullest extent permitted by applicable law: 

(a) The Consultant waives all moral rights, including rights of paternity and integrity, in respect of the Deliverables. 

(b) The Consultant ensures that all individuals involved in the preparation of the Deliverables will waive all moral rights, including rights of paternity and integrity, in respect of the Deliverables. 

5.4 The Consultant must endeavor to: 

(a) Perform or procure the performance of all necessary acts. 

(b) Execute or procure the execution of all documents requested by the Client to confirm or perfect the Client’s ownership of the rights transferred by these Terms and Conditions. 

6. Charges and Payments

6.1 The Client shall pay charges as outlined in the agreement, with invoicing procedures specified.  

6.2 Charges may be subject to variation, and late payments may incur interest.

6.3 All payments shall be made in Pounds Sterling to the bank account of the Company as notified to the Client from time to time.

6.4 In the absence of any specified dates for payment set out in the Agreement, payment shall be due in respect of any invoice within 14 days of the date thereof.  

6.5 Without prejudice to any other right or remedy, if the Client fails to pay the invoice on the due date, the Company may: 

(a) charge interest on the sum due from the due date for payment at the annual rate set by the Bank of England

(b) suspend all Services until payment has been made in full.

7. Consultant’s Confidentiality Obligations

    7.1 The consultancy agrees to maintain the confidentiality of Client information, with exceptions as provided by law. Post-termination, the consultancy will cease using confidential information and return or destroy it as instructed. 

    7.2 Any information provided by the Client to the Company, pertaining to the Client’s private life, business activities, or other sensitive matters, shall be treated as Client Confidential Information. the Company may use this information exclusively for the provision of the Services but must keep it confidential and refrain from disclosing it to any third party, except as compelled by law.

      8. Data Protection

      8.1 The consultancy shall comply with all data protection laws, processing personal data only as instructed by the client and ensuring its security. Procedures for breach notification and changes to data protection laws are outlined. 

      9. Warranties

      9.1 The consultancy provides general warranties regarding its services, while the client warrants its authority to engage in the agreement. Implied warranties and representations are excluded.

      10. Termination

      10.1 Termination provisions include conditions for termination without cause, breach, insolvency, and non-payment. 

        10. Law and Jurisdiction

        10.1 The agreement is governed by the laws of England and Wales 

        10.2 In the event of any dispute arising between the Parties concerning this Agreement, such dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales. 

         

         

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