Terms of Business | Think Break

Terms of Business & Client Agreement

Terms and Conditions relating to the content of this website (www.thinkbreak.co.uk)

INTRODUCTION

These terms and conditions apply between you, the User of this Website (including any sub-domains unless expressly excluded by their own terms and conditions), Think Break Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, ‘User’ or ‘Users’ means any third party that accesses the Website and is not either (i) employed by Think Break LTD and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Think Break and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this website. By using the website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

INTELLECTUAL PROPERTY AND ACCEPTABLE USE

All Content included on the Website, unless uploaded by Users, is the property of The Think Break LTD, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.

You may, for your own personal, non-commercial use only, do the following:

retrieve, display and view the Content on a computer screen

You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Think Break

PROHIBITED USE

You may not use the Website for any of the following purposes:

in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;

in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

LINKS TO OTHER WEBSITES

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Think Break Limited,

We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please refer to the relevant section.

AVAILABILITY OF THE WEBSITE AND DISCLAIMERS

Any online facilities, tools, services or information that Think Break makes available through the Website (the 'service') is provided "as is" and on an "as available" basis. No warranty is provided that that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Think Break is under no obligation to update information on the Website.

Whilst Think Break uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

Think Break accepts no liability for any disruption or non-availability of the Website.

Think Break reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any offers and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

LIMITATION OF LIABILITY

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

To the maximum extent permitted by law, Think Break accepts no liability for any of the following:

any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

loss or corruption of any data, database or software;

any special, indirect or consequential loss or damage.

GENERAL

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions, and no third party will have any right to enforce or rely on any provision of these terms and conditions.

If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deleted at the earliest opportunity, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

OVERVIEW

This Agreement governs the supply of generic advice and financial education services ("Services") by Think Break Limited, registered in England and Wales (No. 17125925) with its registered office at 128, City Road, London, EC1V 2NX, UNITED KINGDOM ("Think Break", "we", "us") to you ("the Client").

NATURE OF SERVICE: GUIDANCE-ONLY CONSULTANCY AND FINANCIAL PLANNING/ EDUCATION

Think Break Limited provides guidance-only financial planning, coaching, and education on a fixed-fee basis.

Non-Regulated Activity: Our services are not regulated by the Financial Conduct Authority (FCA) because we do not provide "Personalised Recommendations" on specific investments or engage in "Regulated Activities".

Generic Advice: Any planning provided is considered generic advice and is regulated by general UK consumer law.

Client Responsibility: You are ultimately responsible for your own decisions regarding the buying or selling of regulated financial products. Think Break does not make product recommendations.

OUR PROPOSITION

We provide Services in a variety ways but the core of our business model is paying for the advisers time (not products):

One-to-one (Guidance sessions): Online sessions paid for by the hour. This can be a holistic financial MOT or it can be a bespoke session focusing solely on one (or more) specific area(s) of financial planning where there are areas of focus

Presentations: Group-based coaching and education sessions. Again this can be a wide ranging topic (retirement planning) or it could be something where a particular group within an organisation have similar areas of planning they would like to focus on.

Online Access: Subscription-based access to on demand videos, and self-paced exercises.

FEE STRUCTURE

We operate on a fee-only basis to avoid conflicts of interest and leave clients feeling that the advice is being given with only their wellbeing in mind as unlike most financial advice firms – selling products is not part of our business model. If a client is considering purchasing a product or service, we are perfectly placed to be able to give an honest breakdown of the pros and cons of each course of action available in that scenario. You get the knowledge and experience without the hard sell and followup calls pestering you to invest your money.

Hourly Rate for Guidance Sessions

£200

Presentation Sessions

£495 (these are not charged on an hourly rate – this is all in for a presentation however long it takes including general questions afterwards)

Cash Flow Modelling Service

Please Contact for a quote – the time spent by the adviser will be based on the hourly rate however depending on the complexity of the cash flow model, the price will differ accordingly.

Presentation / follow up guidance sessions

If you are booking on behalf of a workplace and you want to arrange a presentation with a set number of followup sessions, we can discuss the requirements in order to keep costs within budget.

Retainer services

Priority booking for inset days popular dates (coming up to summer / right after Christmas). I can be available for unlimited ad hoc meetings with staff. This can be a great way to boost morale / provide clarity around complex pension / benefits schemes (which can have a positive effect on staff turnover). Price dependant on the volume of staff – number of annual presentations to be prebooked – get in touch for a personalised quote.

CONFIDENTIALITY AND INTELLECTUAL PROPERTY

We treat your personal information as confidential. The learning materials remain the intellectual property of Think Break. These should not be distributed on as this constitutes a breach of IP but more importantly, due to the ever changing nature of financial services / legislation – this may cause third parties to rely on old / redundant information which could cause them financial harm.

LIMITATION OF LIABILITY

Our total maximum liability for loss or damage arising under this agreement is limited to 100% of the total fees paid in the contract year in which the breach occurred. We are not liable for any loss of investment, profit, or anticipated savings.

GOVERNING LAW

This Agreement is governed by English Law, and both parties submit to the exclusive jurisdiction of the English Courts.