1. About us and these terms
These Terms and Conditions apply to services and goods supplied by NATTC Ltd (company number 14404391), whose registered office is at The Innovation Centre, Bristol & Bath Science Park Dirac Crescent, Emersons Green, Bristol, South Gloucestershire, England, BS16 7FR (“we”, “us” or “our”). Our contact email is info@n-attc.co.uk.
These terms apply only where the customer is acting for purposes connected with its business, trade or profession (the “Customer” or “you”). They do not apply to consumers.
The person accepting these terms confirms that they have authority to enter into the agreement on behalf of the Customer.
The services, goods, fees and delivery arrangements will be described in our proposal, quotation, order confirmation, invoice, Service Level Agreement, funding agreement or other written correspondence. Together, those documents and these terms form the contract between us (the “Contract”).
If there is a conflict, a separately signed contract, Service Level Agreement or funding agreement will take priority, followed by our proposal or quotation, then these terms.
A Contract is formed when we confirm acceptance in writing, receive payment, or begin providing the services or goods, whichever happens first.
2. Our services
We provide services which may include:
- neurodiversity and workplace assessments;
- coaching, mentoring and support programmes;
- training, workshops and consultancy;
- written reports, recommendations and follow-up support; and
- learning resources, materials and physical goods.
The exact scope, delivery period, dates and outputs will be set out in the relevant proposal, quotation or other written agreement.
We will provide our services with reasonable care and skill. We may make reasonable changes to the way services are delivered where necessary, provided this does not materially reduce the agreed service.
3. Coaching and support programmes
Many services are sold as a programme or package delivered over an agreed period, rather than as separate individual appointments.
A programme may include scheduled sessions, preparation and planning, administration, review work, follow-up activities, written recommendations or reports, and learning resources or materials.
The programme fee covers the overall service and the professional time and capacity reserved for it. It is not calculated only by counting attended appointments.
4. Customer responsibilities
The Customer must:
- provide accurate, complete and timely information;
- tell us promptly if relevant information or circumstances change;
- respond reasonably promptly to requests for information or decisions;
- ensure participants attend agreed appointments and engage appropriately;
- make sure it has authority to instruct us and to provide any participant information shared with us; and
- obtain any permissions or consents needed from employees, participants or other individuals.
If the Customer does not provide information, attendance or cooperation reasonably needed to deliver the service, we may delay or suspend delivery, revise the timetable, or treat an affected appointment as delivered where appropriate.
We are not responsible for delay, additional work or reduced outcomes caused by inaccurate, incomplete or late information, non-attendance or lack of cooperation.
5. Fees and payment
Fees will be stated in our proposal, quotation, invoice or other written agreement.
Unless we agree otherwise in writing:
- payment is required in full before services begin or goods are dispatched;
- invoices must be paid by the due date shown on the invoice;
- VAT will be charged where applicable; and
- all payments must be made in pounds sterling without deduction or set-off.
Advance payment secures preparation time, delivery capacity, scheduled appointments and professional resources allocated to the programme.
If an invoice is overdue, we may suspend services or withhold goods until payment is received. We may also charge statutory interest and recovery costs available for late commercial payments.
6. Access to Work and other third-party funding
Where services are expected to be paid for or reimbursed through Access to Work or another third-party funding arrangement, the Customer remains responsible for the full fees unless we expressly agree otherwise in writing.
The Customer is responsible for obtaining and maintaining funding approval, meeting the funder’s requirements and giving us any information needed for invoicing.
Any delay, reduction, refusal or withdrawal of funding does not remove the Customer’s responsibility to pay. If a funder does not pay us in full, we may invoice the Customer for the unpaid amount.
7. Cancelling or rearranging appointments
8. If we need to rearrange or cancel
We will make reasonable efforts to deliver services on the agreed dates.
If we need to rearrange an appointment, we will give as much notice as reasonably possible and offer an alternative date.
If we are unable to provide an agreed service, we will offer a suitable alternative, a credit, or a refund of the amount paid for the part of the service we cannot provide.
9. Cancelling a programme after it has started
A request to cancel a programme must be made in writing.
Once delivery has started, the Customer is not automatically entitled to a full or partial refund simply because it decides not to continue.
If a refund is due or we agree to provide one, it will be calculated fairly by reference to the value of the programme not yet delivered, less:
- services, appointments and materials already supplied;
- preparation, planning, administration and report work already completed;
- appointments missed or cancelled on short notice;
- delivery capacity specifically reserved for the Customer which we cannot reasonably reallocate;
- goods supplied which are not returnable or cannot reasonably be reused; and
- non-recoverable third-party costs.
Where the programme price is not divided between individual elements, we will make a reasonable allocation based on the work involved and the resources committed.
If fees are payable by instalments, amounts relating to work already delivered or committed remain payable after cancellation.
Nothing in this section removes any remedy the Customer may have if we materially fail to provide the agreed services.
10. Pausing a programme
A programme can only be paused if the Customer asks in writing and we agree in writing. A pause is not automatic.
Unless otherwise agreed, the programme must restart within 60 days. New appointment dates will depend on our availability and may not be the same as the original dates.
If the programme does not restart within 60 days, we may treat it as cancelled under section 9.
11. Repeated cancellations or non-attendance
If appointments are repeatedly cancelled, rearranged or missed, we may require a longer notice period, restrict rebooking, change the delivery timetable, suspend services or end the programme.
We will act reasonably before doing this. If we end the programme for this reason, section 9 will apply.
12. Assessments, reports and recommendations
Assessment findings and recommendations are based on the information supplied, observations made, evidence available and the professional judgement of the assessor at the time.
We cannot guarantee a particular diagnosis, assessment outcome, funding decision, workplace adjustment or recommendation.
Reports and recommendations are prepared for the purpose and recipient stated in the relevant proposal or report. They should not be relied on for another purpose without our written agreement.
Unless expressly stated in writing, our services do not replace medical, legal, financial or occupational-health advice.
13. Physical goods and learning materials
Where we supply physical goods or learning materials, their description, price and whether they are included in a programme fee will be stated in our proposal, quotation or invoice.
Delivery dates are estimates unless we expressly agree a fixed date in writing.
Risk in physical goods passes to the Customer when they are delivered. Ownership passes when we have received payment in full for those goods.
The Customer should inspect goods promptly and tell us as soon as reasonably possible if they are missing, damaged, defective or materially different from their description. Where appropriate, we will repair, replace or refund the affected goods.
Goods supplied as part of a programme are not automatically returnable because the programme is cancelled. Personalised, used or opened materials may not be returnable unless they are defective or we agree otherwise.
14. Intellectual property and use of materials
We retain ownership of the intellectual property in our assessment methods, reports, training materials, templates, resources, guidance documents and other materials unless we agree otherwise in writing.
Once the relevant fees are paid, we give the Customer a non-exclusive, non-transferable licence to use materials supplied to it for the agreed purpose and for its own internal business use.
The Customer must not sell, publish, distribute, copy extensively, adapt for commercial use, or make our materials available to third parties without our written permission, except where sharing an individual report is reasonably necessary for the purpose for which it was prepared.
The Customer retains ownership of materials it supplies to us and gives us permission to use them as reasonably necessary to provide the services.
15. Confidentiality
Each party will keep the other party’s confidential information secure and will use it only for the Contract.
Confidential information may be shared with employees, contractors, professional advisers or service providers who need it for the Contract and are required to keep it confidential.
This section does not apply to information which is already public, was lawfully known before disclosure, is received lawfully from another source, or must be disclosed by law, a court, a regulator or for safeguarding reasons.
These confidentiality obligations continue after the Contract ends.
16. Privacy and data protection
Each party will comply with applicable UK data-protection law.
Our Privacy Notice at https://n-attc.co.uk/privacy-policy explains how we collect, use, share, store and protect personal information, including information about participants, assessments, neurodiversity and health.
The Customer must make sure it has a lawful basis and appropriate authority to share personal information with us, and that individuals receive any privacy information they are entitled to receive.
Where we process personal information solely on the Customer’s documented instructions, separate data-processing terms may apply.
17. Safeguarding
If we reasonably believe there is a serious concern about an individual’s safety or wellbeing, we may take appropriate safeguarding action.
This may include sharing relevant information with suitable professionals, services or authorities where the law permits or requires this. We will limit any disclosure to what is reasonably necessary.
18. Complaints
Complaints should be sent in writing to info@n-attc.co.uk.
We will normally acknowledge a complaint within 5 working days and aim to provide a substantive response within 10 working days. If more time is needed, we will explain why and give an updated timescale.
19. Events outside our reasonable control
We are not responsible for delay or failure caused by an event outside our reasonable control. This may include serious illness, failure of essential technology, interruption to utilities or communications, travel disruption, industrial action, natural disaster or government action.
We will notify the Customer as soon as reasonably possible and will try to reduce the effect by rearranging or adapting delivery.
If the event materially prevents delivery for more than 60 days, either party may end the affected part of the Contract by written notice. We will refund any amount paid for services we will not provide, after deducting any non-recoverable costs reasonably incurred for that part of the Contract.
20. Suspension and ending the Contract for breach
We may suspend services immediately if payment is overdue, if continuing would create a legal, professional, safeguarding or safety risk, or if the Customer materially fails to cooperate.
Either party may end the Contract by written notice if the other party commits a material breach and does not put it right within 14 days after being asked in writing to do so.
We may also end the Contract immediately if the Customer becomes insolvent, stops trading or is unable to pay its debts when due.
When the Contract ends, the Customer must pay all fees and costs properly due up to the termination date. Sections intended to continue after termination, including payment, intellectual property, confidentiality, data protection and liability, will remain in force.
21. Liability
Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot legally be excluded or limited.
Subject to the paragraph above, our total aggregate liability arising out of or in connection with a Contract will not exceed the total fees paid or payable under that Contract.
We will not be liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity or damage to reputation.
We are not responsible for loss caused by inaccurate or incomplete information supplied by the Customer, a participant’s failure to attend or engage, or a decision made by Access to Work, an employer, a funder or another third party.
22. Changes to the Contract
Any change to the scope, fees, delivery timetable or other Contract terms must be agreed in writing by both parties.
We may update these standard terms from time to time, but updated terms will apply only to new Contracts unless both parties agree otherwise in writing.
23. Notices
Any formal notice under the Contract must be in writing and sent by email to the contact address stated in the proposal, quotation or order correspondence.
An email notice is treated as received on the same working day if sent before 5.00 pm, or on the next working day if sent later, unless the sender receives an error or non-delivery message.
24. General terms
The Contract is the entire agreement between the parties about its subject matter and replaces earlier discussions or correspondence about the same services, except in the case of fraud or fraudulent misrepresentation.
Neither party may transfer the Contract without the other party’s written agreement, except that we may use suitable employees, associates or subcontractors to provide parts of the service while remaining responsible for their work.
A person who is not a party to the Contract has no right to enforce it under the Contracts (Rights of Third Parties) Act 1999.
If any provision is found to be invalid or unenforceable, the remaining provisions will continue in force.
A delay in enforcing a right does not mean that right has been waived.
25. Governing law and jurisdiction
The Contract and any dispute or claim arising from it are governed by the laws of England and Wales.
The courts of England and Wales will have exclusive jurisdiction.
Privacy
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Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard top your personal information.
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These Terms and Conditions should be read alongside, and are in addition to our privacy policy which is available at Neurodiversity Assessment Tech Training & Coaching – NATTC (n-attc.co.uk).