07812 076946
info@tracyheatley.com

Terms and Conditions

HomeTerms and Conditions

Terms and Conditions

Effective Date: 9th January 2025

Tracy Heatley Limited t/a Better Marketing With Tracy Heatley (“we,” “us,” “our”, “the company”) is committed to providing high-quality marketing consultancy, training, and mentoring services. By engaging with our services, you agree to the following terms and conditions:

1. Definitions

1.1 “Company” refers to Tracy Heatley Limited t/a Better Marketing With Tracy Heatley. 1.2 “Client” refers to any individual, company, or organisation engaging our services. 1.3 “Services” refers to all programs, consultancy, outsourced marketing director services, training, mentoring, and related offerings provided by the Company. 1.4 “Flexible Payment Plan” refers to payment plans agreed upon for specific services. 1.5 “Terms” refers to these terms and conditions.

2. General Terms

2.1 All services provided are subject to these Terms. By booking any service, you confirm your acceptance of these Terms. 2.2 These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the English courts. 2.3 All communication will be conducted in English.

3. Services Overview

3.1 Strategy Cycle™ Program 

  • The program includes structured sessions, workbooks, and access to recordings. Clients may be required to complete independent tasks between sessions. Failure to fulfil these tasks within agreed timeframes may negatively impact results and outcomes.

    Payment for the Strategy Cycle™ Program is outlined in Section 4.2. By booking, the Client commits to paying the full Program fee, regardless of whether they complete all sessions. Instalments remain due even if the Program has been completed, paused, or if the Client chooses to withdraw early.

3.2 AI Marketing Services

  • Strategy development and training are tailored to individual or group requirements.

3.3 Marketing & AI Consultancy, Outsourced Marketing Director (OMD), and Mentoring Services

  • Marketing & AI Consultancy services are delivered according to an agreed proposal or scope of work.

  • Unless otherwise stated, consultancy is project-based and does not include ongoing implementation or delivery, which may be provided separately under an Outsourced Marketing Director agreement.

  • Initial payments or deposits are non-refundable.

  • Revisions to consultancy outputs (e.g., strategy documents, plans, or reports) must be requested within 14 days of delivery. Additional revisions or work beyond the agreed scope may be subject to additional fees.

  • Outsourced Marketing Director services are provided as structured 12-month packages (Essential Impact, Enhanced Impact, Maximum Impact). The first month’s payment is taken at booking via Stripe, with ongoing monthly payments set up by Direct Debit. These services are outcomes-focused, with approximate hours included as a guide to the level of involvement.
  • Most work will be carried out remotely. Meetings will be conducted via Zoom or Teams unless otherwise agreed. For new clients within geographical reach, the Company may spend time on the client’s premises in the early stages. Additional on-site work beyond this may be agreed at the Company’s discretion and may incur additional travel costs.
  • The Outsourced Marketing Director service includes and combines strategic direction, AI Marketing, agreed implementation and marketing management, supplier liaison, and mentoring as outlined in the chosen package. The Company reserves the right to prioritise tasks according to the agreed marketing plan. Tasks outside the agreed scope will not be undertaken unless agreed in writing, and may be subject to a separate proposal and additional fees. The Outsourced Marketing Director service is outcomes-focused, not time-tracked. Each package includes an approximate monthly level of involvement as a guideline only (Essential up to 15 hours, Enhanced up to 24 hours, Maximum up to 36 hours). These hours are indicative of the typical level of support and may vary depending on client needs, marketing phase and project requirements.
  • Regular meetings are included within the allocated hours for each OMD package. Excessive meeting requests outside agreed schedules may impact delivery of other services.
  • Mentoring packages are offered as fixed-term commitments of either six months or twelve months, depending on the option selected at booking. By booking, the Client commits to the full term chosen. The first payment is due at booking, with subsequent monthly payments collected by Direct Debit. Payments remain due whether or not the Client attends or completes all scheduled sessions. Early termination is not permitted except in accordance with Section 5.

3.4 Training Services

  • Training includes workshops, online courses, and bespoke sessions.

4. Booking and Payments

4.1 Payment Terms

  • Full payment or the initial payment for flexible plans is required to confirm your booking.
  • Flexible Payment Plans: Clients must authorise subscriptions for remaining payments within 3 days of booking. Failure to do so may result in cancellation.

4.2 Initial Payments and Deposits

  • For Marketing & AI consultancy projects, a third of the total cost will be required as an initial payment or deposit, with the remaining payments outlined in the proposal.
  • All initial payments and deposits are non-refundable.
  • For the Strategy Cycle™ Program, a non-refundable deposit is required to confirm your booking. The remaining balance is payable by Direct Debit instalments as agreed at the time of booking. By booking, the Client commits to paying the full Program fee, whether or not they complete all sessions. Instalments remain due even if the Program has been completed, paused, or if the Client chooses to withdraw before the end of the Program.
  • For Outsourced Marketing Director packages, by booking you are committing to the full 12-month term. The first payment, which is non-refundable, is taken at checkout via Stripe. Clients must complete Direct Debit authorisation for the remaining monthly payments within 5 working days of booking. Failure to set up Direct Debit will result in suspension of services, and the outstanding balance may become immediately due.

4.3 Late or Missed Payments

  • Failure to make payments on time may result in cancellation of services and the remaining balance becoming immediately due.
  • Late payments may incur statutory interest as per UK law.

4.4 Taxes

  • Tracy Heatley Limited is not VAT registered. Should this status change, VAT will be applied to future invoices in line with UK law.

5. Cancellations and Rescheduling

5.1 Client Cancellations

  • Strategy Cycle™ Program: By booking, the Client commits to paying the full Program fee, whether or not they complete all sessions. Instalments remain due even if the Program has been completed, paused, or the Client chooses to withdraw early.

  • Mentoring Packages (6 or 12 months): Mentoring is contracted for the full term selected at the time of booking. Instalments remain due whether or not the Client completes all sessions. Mentoring packages cannot be cancelled mid-term.

  • Outsourced Marketing Director Services: Contracted for a minimum of 12 months. Either party may terminate by giving three months’ written notice. The Client remains liable for all payments due up to the end of the notice period. Services will continue to be delivered during the notice period provided payments are up to date.

  • AI Training and Workshops: Cancellations must be made at least 7 days before the scheduled start date. No refunds will be issued for cancellations made within 7 days of the training, non-attendance, or partial attendance.

5.2 Company Cancellations

  • The Company reserves the right to cancel or reschedule sessions with reasonable notice.
  • In such cases, alternative dates will be offered.

6. Session Recordings

6.1 Sessions, including group and one-to-one, may be recorded. Recordings are shared securely with:

  • Individual clients for one-to-one sessions.
  • Group participants, including those attending make-up sessions.

6.2 Clients are responsible for downloading recordings within 7 days. Recordings will be deleted after 14 days. 6.3 By participating, you consent to session recordings and sharing with relevant participants.

7. Client Responsibilities

7.1 Provide accurate and timely information to support the delivery of services.

7.2 Actively participate in sessions and complete tasks as required. Failure to complete independent tasks may impact the effectiveness of the programme and the outcomes achieved.

7.3 Download and securely store any recordings within the specified time frame.

7.4 The Client is responsible for ensuring that any information, data, or materials supplied to the Company are accurate, lawful, and do not infringe the rights of third parties.

7.5 The Client shall indemnify the Company against any claims, losses, or damages arising from the use of information, data, or materials supplied by the Client that breach third-party rights or applicable laws.

8. Intellectual Property

8.1 All materials, tools, and resources provided by the Company remain our intellectual property unless expressly transferred. Processes, systems, and frameworks created for the Client as part of the Marketing & AI Consultancy or Outsourced Marketing Director service may be used by the Client internally after the contract ends, but may not be shared, sold, or licensed externally.

8.2 Clients may use materials for personal or internal business purposes but may not reproduce or distribute them without written consent.

9. Limitations & Liability

9.1 The Company provides consultancy, mentoring, training, and Outsourced Marketing Director services in good faith, using professional expertise and reasonable skill and care.

9.2 While recommendations, strategies, and implementation support are designed to improve marketing effectiveness, the Company does not warrant or guarantee specific business outcomes, including but not limited to revenue, profit, or customer acquisition.

9.3 The Client remains responsible for all business decisions, implementation of recommendations, and compliance with relevant laws and regulations.

9.4 The Company does not provide legal, financial, or regulatory advice. Clients should obtain independent professional advice before making any decisions in these areas.

9.5 Except in cases of death or personal injury caused by negligence, the Company’s total liability arising under or in connection with the services shall not exceed the total fees paid by the Client for the specific service in question within the 12 months preceding any claim.

9.6 The Company shall not be liable for:

  • a) Indirect, incidental, or consequential damages, including loss of profits, contracts, or goodwill.

  • b) Actions or omissions of third-party suppliers, agencies, or platforms engaged by the Client.

  • c) Delays or failure in performance caused by events beyond the Company’s reasonable control.

10. Data Protection and Privacy

10.1 The Company adheres to GDPR and data protection laws. Refer to our Privacy Policy for detailed information.

10.2 Personal data will not be shared with third parties except as specified in the Privacy Policy.

11. Complaints and Feedback

11.1 We welcome feedback to improve our services. Please direct complaints or concerns to info@tracyheatley.com.

12. Use of AI in Services & Training  

12.1 Scope of AI Use
a. The Company may use AI tools and technologies to enhance the delivery of services, including but not limited to generating content, analysing data, providing examples, and supporting marketing strategies.
b. AI tools referenced or demonstrated are provided by third-party providers, and participants or clients are responsible for adhering to the terms and conditions of these platforms.

12.2 AI in Training 
a. AI Marketing training is designed to provide participants with knowledge and skills for utilising AI tools in marketing. The training includes live sessions, workbooks, recordings, and may offer optional co-working sessions.
b. Participants are responsible for creating and managing their own accounts for AI tools, using AI ethically, adhering to relevant legal compliance, and ensuring compliance with the terms of the AI platforms they use.
c. Training materials remain the intellectual property of the Company and may not be shared, reproduced, or distributed without prior written consent.

12.3 AI in Marketing Services
a. The Company may integrate AI tools into marketing consultancy, training, and mentoring services to support strategy development, content creation, and analytics.
b. While AI-generated outputs are usually reviewed during training and mentoring sessions, and suggestions made about tailoring content to meet client needs, the Company does not guarantee the absolute accuracy or completeness of AI-generated content.
c. Clients are encouraged to critically evaluate AI-generated recommendations and take professional legal advice, if necessary, before implementing them.

12.4 Data Protection and Privacy
a. The Company adheres to GDPR and all applicable data protection laws. Personal or business data entered into AI platforms is not stored or processed by the Company beyond what is required for the delivery of services.
b. Clients and participants are responsible for ensuring that any data they input into AI tools complies with applicable data protection regulations.

12.5 Liability and Limitations
a. The Company provides training, consultancy, and mentoring services using AI for educational, research, and advisory purposes only.
b. The Company shall not be liable for any direct, indirect, or consequential losses arising from the use of AI tools or outputs.
c. Participants and clients assume full responsibility for testing, applying, and managing AI tools and outputs within their business operations.

12.6 Technical Requirements
a. Clients and participants are responsible for ensuring they meet the technical requirements for accessing services and utilising AI tools, including hardware, software, and internet connectivity.
b. The Company shall not be held responsible for technical difficulties experienced by clients or participants.

12.7 Updates and Modifications
a. The Company reserves the right to update or modify AI tools, methodologies, and workshop content as AI technologies evolve.
b. Changes will be communicated in advance where relevant and will aim to enhance the delivery and relevance of the services provided.

12.8 Intellectual Property
a. AI-generated content provided as part of workshops or services remains subject to the intellectual property rights of the Company unless expressly transferred.
b. Ownership of AI-generated outputs created by clients using third-party platforms belongs to the client, subject to the terms of the AI tool provider.

12.9 Disclaimer on AI Tool Affiliations

AI training is not affiliated with, endorsed by, or officially associated with the developers or creators of any AI tools or platforms referenced during the workshops, including but not limited to ChatGPT, Copilot, and other similar tools.

13. Updates to Terms

13.1 The Company reserves the right to update these Terms periodically. The latest version will always be available on our website. Updates may be required to reflect changes in service delivery models.

 

For further information or questions, please contact:
Tracy Heatley Limited
Email: info@tracyheatley.com
Phone: 07812 076946