Terms and Conditions – The R Factor
Effective Date: Jan 2012
1. General Terms
These Terms and Conditions apply to all services provided under The R Factor, including speaking engagements, presentations, workshops, author services, advisory services, coaching, consulting, implementation, professional services, bookings, payments, and services involving third-party providers or partners.
By booking, purchasing, engaging, or using any service, the client agrees to these Terms and Conditions, together with any applicable proposal, service agreement, booking confirmation, or additional written terms.
Where a separate written agreement contains specific terms that conflict with these Terms and Conditions, the specific terms of that agreement will apply to the extent of the conflict.
2. Services and Scope of Work
The scope, deliverables, schedule, fees, and other relevant details of each engagement will be established in the applicable proposal, service agreement, booking confirmation, or other written communication.
Services are provided on the basis of the agreed scope. Any additional work, changes, extensions, or services outside the original agreement may be subject to additional fees and revised timelines.
The R Factor reserves the right to determine the methods, processes, and professional approach used to deliver its services, subject to the agreed scope of work.
3. Bookings and Confirmation
All bookings are subject to availability and acceptance.
A booking is considered confirmed when the applicable agreement or booking confirmation has been accepted and the required payment has been received.
Clients are responsible for providing accurate information, communicating their requirements in a timely manner, and ensuring that the necessary arrangements are in place for the agreed services.
4. Fees and Payment
Unless otherwise agreed in writing, all services must be paid for in full in advance of delivery.
Fees, payment deadlines, and any applicable taxes or additional charges will be specified in the applicable proposal, invoice, or booking confirmation.
Deposits, where required, are non-refundable, subject to any mandatory rights under applicable law.
Failure to make payment by the agreed deadline may result in the suspension, postponement, or cancellation of the booking or services, to the extent permitted by law.
The client is responsible for any additional costs expressly agreed in writing, including approved travel expenses, accommodation, materials, or other engagement-related expenses.
5. Cancellation and Refund Policy
All cancellations must be submitted in writing.
The following cancellation terms apply unless a different policy is expressly agreed in writing or mandatory law requires otherwise.
5.1 Cancellation 14 or More Days Before the Service
Where the client cancels at least 14 calendar days before the scheduled service date, the client may receive a refund equal to 50% of the applicable service fee. Any non-refundable deposit is excluded from the refundable amount.
5.2 Cancellation Less Than 14 Days Before the Service
Where the client cancels fewer than 14 calendar days before the scheduled service date, no refund will be provided.
5.3 Non-Refundable Deposits
All deposits are non-refundable, subject to mandatory applicable law. Deposits are retained in accordance with the agreed booking terms and the applicable cancellation policy.
5.4 Coaching, Consulting and Implementation Services
The cancellation policy also applies to coaching, consulting, advisory, implementation, and other professional services. Where an engagement includes multiple sessions, milestones, or deliverables, the applicable service fee and cancellation terms will be determined by the relevant agreement, subject to mandatory law.
5.5 Refund Processing
Any approved refund will be processed using the original payment method where reasonably possible. Applicable processing times may depend on the payment provider or financial institution.
6. Rescheduling
Requests to reschedule a booking must be submitted in writing and are subject to availability and written confirmation.
Rescheduling may incur additional fees, including reasonable additional administrative, preparation, travel, accommodation, or third-party costs where applicable and permitted by law.
A rescheduled booking remains subject to these Terms and Conditions unless otherwise agreed in writing.
7. Unforeseen Circumstances and Events Beyond Reasonable Control
The R Factor will not be responsible for delays, interruptions, non-performance, or inability to attend or deliver a service caused by circumstances beyond reasonable control, to the extent permitted by applicable law.
Such circumstances may include, without limitation:
- Severe, dangerous, or disruptive weather conditions.
- Cancellation, suspension, or significant disruption of flights, trains, other transportation, or essential travel services.
- War, armed conflict, terrorism, civil unrest, or government restrictions.
- Pandemics, epidemics, public health emergencies, or related restrictions.
- Sudden illness, injury, or medical emergencies.
- Natural disasters, fires, infrastructure failures, or significant utility or communications outages.
- Strikes, official restrictions, or other events that make performance unsafe, unlawful, or impracticable.
Where such circumstances prevent or materially disrupt a service, the parties may consider rescheduling or alternative arrangements, subject to availability and any additional costs.
No refund will be provided solely because of an unforeseen circumstance or disruption described in this section, to the extent permitted by applicable law and subject to any mandatory cancellation, refund, or consumer rights.
The client remains responsible for independent expenses and third-party bookings made in connection with an engagement, except where otherwise required by law or expressly agreed in writing.
8. Third-Party Providers and Partners
Certain services may involve independent contractors, venues, transportation providers, accommodation providers, event organizers, technical suppliers, or other third parties.
Unless expressly stated otherwise in writing, independent third-party providers are responsible for their own services, operations, terms, and performance.
The R Factor does not guarantee the availability, performance, or continued operation of independent third parties and will not be liable for their acts, omissions, delays, cancellations, or failures except to the extent liability cannot lawfully be excluded or arises from the R Factor’s own legally actionable conduct.
Third-party services may be subject to separate terms, conditions, payment requirements, cancellation policies, and refund restrictions. Clients are responsible for reviewing and accepting those terms where applicable.
Nothing in this section excludes any responsibility that the R Factor has expressly undertaken or that cannot legally be excluded.
9. Client Responsibilities
Clients agree to:
- Provide accurate, complete, and timely information.
- Communicate relevant requirements, restrictions, and expectations before the service begins.
- Make payments when due.
- Obtain any permissions, approvals, or authorizations required for the engagement.
- Cooperate reasonably with the delivery of the agreed services.
- Ensure that their own conduct and participation do not create unlawful, unsafe, or materially disruptive conditions.
Delays, additional work, or costs resulting from incomplete information, late changes, or failure to meet these responsibilities may result in revised timelines or additional fees, subject to the applicable agreement and law.
10. Professional Advice and Results
The R Factor provides professional services, practical guidance, experience, strategies, and recommendations based on the agreed scope of work.
Unless expressly agreed in writing, services do not constitute legal, medical, accounting, investment, or other regulated professional advice.
Any business, career, financial, personal, marketing, or operational decisions made by a client remain the client’s responsibility.
No particular business outcome, revenue, profit, career advancement, audience response, implementation result, or other specific outcome is guaranteed unless expressly stated in a binding written agreement.
Clients are responsible for evaluating recommendations in light of their own circumstances and obtaining specialist advice where appropriate.
11. Intellectual Property
Unless otherwise agreed in writing, The R Factor retains ownership of its pre-existing materials, frameworks, methodologies, presentations, training materials, written works, branding, processes, and other intellectual property.
Payment for a service does not automatically transfer ownership of intellectual property.
The client receives only the rights expressly granted in the applicable agreement. Materials may not be reproduced, distributed, sold, modified, published, recorded, or used commercially beyond the scope of the granted permission without prior written authorization, except where permitted by applicable law.
The R Factor retains the right to use its general knowledge, experience, skills, and independently developed methods, provided that it does not improperly disclose confidential client information.
12. Confidentiality and Data Protection
Each party will take reasonable steps to protect confidential information received from the other party and will use that information only for legitimate purposes connected with the engagement.
Confidentiality obligations do not apply to information that is publicly available through no breach of these Terms, already lawfully known, independently developed, or required to be disclosed by law.
Personal information will be handled in accordance with applicable data protection and privacy legislation and any applicable privacy notice.
13. Limitation of Liability
To the maximum extent permitted by applicable law, The R Factor excludes liability for indirect, incidental, special, exemplary, punitive, or consequential losses, including loss of profits, revenue, business opportunities, anticipated savings, goodwill, or data.
To the maximum extent permitted by applicable law, the total aggregate liability of The R Factor arising from or in connection with a particular service or engagement will be limited to the fees actually paid or payable for that specific service or engagement.
The R Factor will not be liable for losses arising from a client’s decisions, actions, omissions, failure to implement recommendations, or reliance on information beyond the agreed scope of the services, except to the extent such losses result from liability that cannot lawfully be excluded.
Nothing in these Terms and Conditions excludes or limits liability where such exclusion or limitation is prohibited by law, including any applicable liability for fraud, intentional misconduct, or other matters that cannot legally be excluded.
Where applicable law requires a different liability standard, mandatory legal requirements will prevail.
14. Indemnification
To the maximum extent permitted by applicable law, the client is responsible for third-party claims, losses, and reasonable costs arising directly from the client’s unlawful conduct, infringement of third-party rights, or material breach of these Terms and Conditions.
This provision does not require a client to indemnify The R Factor for losses caused by The R Factor’s own conduct where such indemnification would be unlawful.
15. Termination and Suspension
The R Factor may suspend or terminate services where permitted by law if the client materially breaches the applicable agreement, fails to pay amounts due, engages in unlawful conduct, or creates unsafe or materially disruptive conditions.
Any financial consequences of suspension or termination will be determined by the applicable agreement, these Terms and Conditions, and mandatory law.
Termination does not affect rights or obligations that accrued before termination or provisions that are intended to continue afterward.
16. Disputes and Governing Law
The parties will make reasonable efforts to resolve disputes through good-faith communication before commencing formal proceedings, where appropriate.
The governing law and competent courts will be determined by the applicable service agreement and the laws governing the relevant contracting entity, subject to mandatory jurisdictional and consumer protection rules.
Nothing in these Terms and Conditions deprives a consumer of mandatory protections or legal rights available under applicable law.
17. Amendments and Severability
The R Factor may update these Terms and Conditions for future bookings by publishing a revised version with an updated effective date.
The terms applicable to an existing confirmed booking will not be changed retroactively without agreement or a lawful basis.
If any provision is held invalid, unlawful, or unenforceable, the remaining provisions will continue to apply to the extent legally permitted.
18. Entire Agreement
These Terms and Conditions, together with the applicable proposal, service agreement, booking confirmation, and any expressly incorporated additional terms, constitute the agreement governing the relevant services.
No waiver or amendment is effective unless made in writing by an authorized party, except where applicable law provides otherwise.
19. Contact
For questions about these Terms and Conditions, bookings, payments, or services, please contact:
The R Factor