These Terms & Conditions apply to mentoring services provided by Finito Education Ltd, 09985173 with its registered address at 14th Floor 33 Cavendish Square, London, United Kingdom, W1G 0PW (“Finito”, “we”, “us”) to you (the “Fee Payer”/ “Student” (each as defined below)). By the Fee Payer proceeding to pay the fees for, and the Student participating in, Finito’s Mentoring Programme (as defined below), you, the Fee Payer, acknowledge and agree (including on the Student’s behalf, to the extent applicable) that you have read, understood and agree to the
Terms & Conditions set out below. Even so, please sign, date and return a copy of these Terms & Conditions to confirm that you have received them and that you understand and agree with them.
These Terms & Conditions tell you who we are, how we will provide our mentoring services to you, how you and we may change or end the Contract, what to do if there is a problem and other important information.
CONTACT US. You can contact us by telephoning 020 3780 7700 or e-mailing info@finito.org.uk or writing to our offices at Finito Campus, Sutherland House, 3 Lloyd’s Avenue, London EC3N 3DS.
1. Definitions
1.1. In these Terms & Conditions, the following have meanings as set out below:
“Consumer Contracts Regulations” means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Rights Act 2015 and the Digital Markets, Competition and Consumers Act 2024 (to the extent applicable).
“Contract” means the contract between Finito and either:
i) the Fee Payer, who may also be the Student; or
ii) the Fee Payer for the benefit of the Student,
for the provision of the Mentoring Programme by Finito in accordance with these Terms & Conditions.
“Fee Payer” means the person who pays for the services of Finito (who may be the same person as the Student).
“Finito” means Finito Education Ltd, 09985173 with its registered address at 14th Floor 33 Cavendish Square, London, United Kingdom, W1G 0PW.
“Mentoring Programme” means the provision of services by Finito to a Student being work ready mentoring and career change mentoring.
“Student” means the person who will receive the benefit of, and take part in, Finito’s Mentoring Programme.
“Terms & Conditions” means these Student Terms and Conditions of Business.
2. Contract
2.1. A Contract for the provision of a Mentoring Programme is formed between Finito and the Fee Payer on the earlier of the date: (a) Finito receives payment of the fees in full for the Mentoring Programme as set out in the attached invoice; or (b) Finito receives a signed copy of these Terms & Conditions (“Start Date”).
2.2. Students must be at least 18 years old to join the Mentoring Programme.
3. Fees and payments
3.1. All fees payable to Finito are exclusive of VAT.
3.2. The fees are exclusive of travel, accommodation, subsistence or other costs that might arise prior to, or during the delivery of, the Mentoring Programme.
3.3. All fees must be paid in pounds sterling. Any currency conversion costs or other charges incurred in connection with the payment of any fees are to be borne by the Fee Payer.
3.4. All fees payable to Finito must be paid in full before the Mentoring Programme commences.
3.5. While Finito generally does not charge the Fee Payer on a time spent basis, unless otherwise agreed, the initial fees charged for the Mentoring Programme equates to approximately 50 hours of work. However, Finito reserves the right to charge the Fee Payer additional fees (and will inform the Fee Payer of the amount of such additional fees to be charged) if the complexity of the assignment is greater than it originally envisaged and/or additional mentoring services are required above the initial estimation.
3.6. Finito reviews its fees regularly and reserves the right to increase its fees from time to time. Finito will notify you of any increase in fees before any increase takes effect.
4. Cooling Off Period
4.1. Under the Consumer Contracts Regulations where you have purchased the Mentoring Programme by e-mail or telephone you may cancel your purchase of the Mentoring Programme within a period of 14 calendar days from the Start Date (“the Cancellation Period”). If you wish to cancel your Contract with us, you must clearly inform Finito of your decision to cancel by e-mail, telephone or in writing via any of the ‘contact us’ details set out at the top of these Terms & Conditions.
4.2. A cancellation notice is enclosed with these Terms & Conditions at Annex 1 and a summary of your cancellation rights at Appendix 1, which explains your right to cancel, the procedure for cancelling and the effect of cancellation. If you wish to cancel the Contract, you may use the cancellation notice at Annex 1 but you are not obliged to do so.
4.3. On valid cancellation and in accordance with these Terms & Conditions you will be entitled to a full refund of any Mentoring Programme fees that you have paid in advance, subject to the following limitations:
4.3.1. Your right to cancel the Contract only applies to contracts concluded via our website/online, or by e-mail and telephone. If you entered into the Contract with us at a face to face meeting, the Cancellation Period does not apply.
4.3.2. Although unlikely in consideration of the estimated hours to complete the Mentoring Programme, please note that you will lose the right to cancel the Mentoring Programme when it has been completed.
4.3.3. You will be required to pay Finito for any part of the Mentoring Programme provided to the Student up to the time of cancellation. Finito’s fees will be calculated on a time spent basis by reference to the number of hours of the Mentoring Programme delivered to the Student. The hourly rate will be the total value of the invoice divided by 50 hours.
4.4. If you validly cancel within the Cancellation Period, we will refund you for all fees paid in advance, or refund you a portion of the fees paid in advance less fees representing any part of the Mentoring Programme that Finito has delivered up to the date of cancellation, as soon as possible and within 14 days of you telling us you’ve changed your mind and wish to cancel the Contract. We will refund you by the method you used for payment and we don’t charge a fee for the refund.
5. Overdue Account
5.1. Finito reserves the right to charge interest on any fees still outstanding 14 days after the due date for payment, at the rate of 5% per annum above the base rate of the Bank of England then in force, accruing daily from the date that the payment became due.
6. Visas, Permissions, Consents
6.1. The Student warrants that it has all necessary visas, permission and consents required for their participation in the Mentoring Programme in the UK. The rejection of a visa or other entry application by the British Authorities does not affect these Terms & Conditions and the Student and/or Fee Payer will remain liable for the Fees.
7. Refund policy if there is something wrong with the provision of the Mentoring Programme
7.1. If you believe there is something wrong with the provision of the Mentoring Programme, you must let us know via the ‘contact us’ details at the top of these Terms & Conditions. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website at www.citizensadvice.org.uk. The Consumer Contracts Regulations, in summary, state that:
7.1.1.You can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we can’t fix it.
7.1.2.If a price hasn’t been agreed upfront, what you’re asked to pay for the Mentoring Programme must be reasonable.
7.1.3.If a time hasn’t been agreed upfront, that the provision of our services must be carried out within a reasonable time.
7.2. Unless you have cancelled the Mentoring Programme during the Cancellation Period (per clause 4) and/or Finito has determined that there was something wrong with the provision of the Mentoring Programme (per clause 7.1), the fees are non-refundable and no reduction in fees will be made for the failure of the Student to attend any/all parts of the Mentoring Programme.
7.3. Other than as set out directly above or as a result of an event outside of our reasonable control (per clause 10), once the Mentoring Programme has commenced, the Fee Payer shall be liable for all fees for the whole Mentoring Programme.
7.4. If any payment is made in error, please contact Finito on tel. 020 3780 7700 within 48 hours of the payment being made.
7.5. Refunds will only be made to the Fee Payer using the original method of payment.
8. Public Holidays
8.1. Finito is closed on public holidays in the United Kingdom and any other days as notified by Finito to the Fee Earner/Student as applicable from time to time.
9. Finito is not responsible for delays outside of its control
9.1. If the provision by Finito of a Mentoring Programme is delayed by an event outside of its control, such as due to a pandemic, epidemic, natural disaster, labour dispute, government action or act of terrorism, Finito will contact the Fee Payer/Student as soon as possible to explain the situation and do what it can to reduce the delay. As long as Finito does this, Finito shall not be obliged to compensate the Fee Payer for the delay, but if the delay is likely to be substantial, the Fee Payer can choose to end the Contract by providing written notice to Finito and receive a refund for any part of the Mentoring Programme that was paid in advance, but not received.
10. Communication with Students & Fee Payers
10.1. Finito sends out important information to Students and Fee Payers exclusively by email. It is the Student and Fee Payer’s sole responsibility to ensure that Finito has correct and up-to-date email addresses on record, and to open, read and act upon such email notifications in a timely manner.
11. Mentoring Programme Subject to Change
11.1. Finito reserves the right to change or amend at any time its Mentoring Programme in any respect of any matter of any kind including the right to cancel a mentoring session that is part of the Mentoring Programme (such as due to unforeseen circumstances or an event outside of Finito’s reasonable control).
11.2. No guarantee or warranty, express or implied is given regarding the timing or content of the Mentoring Programme.
11.3. Finito will endeavour to inform Students about amendments, postponements and cancellations with as much notice as reasonably possible.
12. DISCLAIMER
12.1. The Mentoring Programme is offered on an “as is” basis and Finito does not provide any guarantee, or represent or warrant that the Mentoring Programme will be fit for any particular purpose or that the use of any content, referrals or services accessible through the Mentoring Programme will meet the Student’s requirements.
13. When can Finito end or suspend the Contract with you?
13.1. Finito can end the Contract with you and if applicable claim any fees due to it (or retain any fees paid in advance) if:
13.1.1. you don’t make any payment to us when it’s due and you still don’t make payment within 14 days of our reminding you that payment is due; or
13.1.2. you don’t, within a reasonable time of us asking for it, provide us with information and cooperation that we need to provide the Mentoring Programme to you. For example, Finito may suspend (or end) the Contract on written notice to the Fee Payer, without liability, where: Finito is unable to fulfil the services which it has been contracted for as a result of material facts affecting the Student’s well-being; there is a lack of timely communication by the Student to Finito mentors; or for other factors materially impacting a Student’s effective participation in the Mentoring Programme; or
13.1.3. in accordance with clause 15.2.
13.2. In the unlikely event that Finito stops providing the Mentoring Programme (or a part thereof), Finito will use reasonable endeavours to let you know in advance and will refund any sums you’ve already paid for services which won’t be provided.
14. Course Materials
14.1. All Mentoring Programme materials remain the property of Finito. Finito grants the Student/Fee Payer (as applicable) a fully paid up, royalty free, non-transferable, non-exclusive perpetual licence to use the Mentoring Programme materials provided to, and/or created/developed by, the Student for their own educational and mentoring purposes.
15. Student Conduct
15.1. Students are expected to conduct themselves at all times in a manner which demonstrates respect for Finito, its associates, its staff and property and in adherence with the student charter (a copy of which is available on Finito’s website at finito.org.uk/student-charter (together “Student Codes of Conduct”), which all students must read prior to commencement of the Mentoring Programme.
15.2. Finito reserves the right to suspend or dismiss any Student from the Mentoring Programme at any time whose conduct is not in accordance with the Student Codes of Conduct, in its absolute discretion, acting reasonably.
15.3. No fees will be refunded for any Student dismissed by Finito as a result of a breach of the Student Codes of Conduct in accordance with clause 15.2.
16. Complaints
16.1. Finito hopes that you are happy with the provision of the Mentoring Programme. If at any stage you have any problems with any aspect of the provision of the Mentoring Programme and/or a mentor, Finito requests that the Student’s relevant mentor is contacted via your usual contact details for such mentor immediately in the first instance so that appropriate help can be given. Once an issue has been raised with a Student’s mentor, Finito will use its reasonable endeavours to solve any problems with such mentor and/or the Mentoring Programme directly with the Fee Payer/Student (as applicable). Finito will use its reasonable endeavours to ensure that any such complaint is dealt with promptly, fairly and free of charge. Finito will write to you within 2 weeks of you raising the relevant issue setting out an initial response to the complaint and how you can pursue your concerns further if you do not agree with the proposed resolution or outcome.
16.2. In the event that you are not satisfied with Finito’s initial response, Finito’s quality assurance director (“Quality Assurance Director”) will consider your complaint in further detail. Finito’s Quality Assurance Director will carry out a formal review of the complaint by requesting the Student’s file and any associated records (mentor notes, records of contacts etc). The Quality Assurance Director’s aim is to understand exactly what the complaint is, the process undertaken to attempt to resolve the complaint in the first instance in accordance with clause 16.1, whether the complainant has complained/raised the issue before, and whether Finito has met its own contractual duties and responsibilities under the Contract. The Quality Assurance Director will provide Finito’s chief executive with a written report within 1 month setting out their findings, who in turn will write to you within 1 week setting out Finito’s final response to the complaint and next steps.
16.3. If you wish to get in contact with Finito’s Quality Assurance Director, please contact us at: info@finito.org.uk.
17. General
17.1. Even if we delay in enforcing any terms of the Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms & Conditions, or if we delay in taking steps against you in respect of your being in breach of this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
17.2. If a court of law finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these Terms & Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.3. The Contract is between you and us and this Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. Neither of us will need to ask anybody else to sign-off on ending or changing it.
17.4. The Contract is governed by English law and we both agree to the exclusive jurisdiction of the English courts.
18. Data Protection
18.1. For the purpose of relevant data protection legislation, the data controller is Finito. Finito shall process personal data only in accordance with its privacy policy. The full Finito privacy policy is available on Finito’s website: www.finito.org.uk/privacypolicy.
19. Confidentiality and disclosure of Student’s information
19.1. For the duration of the Contract and for a period of 5 years after termination of the Contract, Finito, the Student and the Fee Payer shall keep in strict confidence all information which is of a confidential nature and which has been disclosed to the other party or parties in connection with the Contract. Confidential information disclosed by each party to the other shall be used only in connection with the exercise of each such party’s rights and to perform its obligations under the Contract.
19.2. Subject to its confidentiality obligations as per clause 19.1, and after seeking the Student’s prior consent, Finito may distribute the Student’s curriculum vitae and contact details to employers/recruiters and other applicable ‘external’ third parties as part of the Mentoring Programme.
19.3. Each party may disclose the other party’s confidential information (to the extent applicable):
19.3.1. to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 19; and
19.3.2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
19.4. Further to clause 19.3, Finito will share some of the Student’s confidential information and other details, such as name and CV with certain third party contractors including photographers and CV writers and other service providers who assist Finito in connection with the provision of the Mentoring Programme to the Student.
19.5. The Fee Payer and Student acknowledge and agree that any oral, electronic or hard copy reports and/or attendance notes made in connection with the Mentoring Programme may be shared between Finito staff and mentors.
19.6. This clause shall survive termination of the Contract.
20. Limitation of Liability – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
20.1. We’re not responsible for losses you suffer caused by us breaking the Contract if the loss is:
20.1.1. Unexpected (it was not obvious that it would happen and nothing you said to us before we accepted your Application meant we should have expected it (so, in the law, the loss was unforeseeable)).
20.1.2. Caused by a delaying event outside our control (as long as we have taken the steps set out in clause 9).
20.1.3. Avoidable (something you could have avoided by taking reasonable action, including following our reasonable instructions).
20.2. Save in respect of any liability which cannot legally be limited or excluded, our total liability for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the sum the Fee Payer paid Finito for the Mentoring Programme and all claims for loss of profit or indirect or consequential loss are wholly excluded.
20.3. This clause shall survive termination of the Contract.
21. Photography
21.1. We will ask a Student’s prior consent before we use any photographs taken of the Student for Finito’s marketing purposes.
APPENDIX 1 – INFORMATION ABOUT CANCELLATION RIGHTS
Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the following legal rights:
Right to cancel
You have the right to cancel the Contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day of the conclusion of the Contract (i.e., the start date of the Contract).
Procedure for exercising the right to cancel
To exercise the right to cancel, you must inform Finito of your decision to cancel the Contract by a clear statement in writing. You may use the attached Model Cancellation Form, but it is not obligatory (see Annex 1).
Any cancellation notice should be delivered or sent to Finito via the key contact details set out in the front end of the Terms & Conditions.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel to Finito before the cancellation period has expired.
Effects of cancellation
If you cancel the Contract in accordance with the right set out above, Finito will reimburse to you all payments received from you in advance.
Finito will make the reimbursement without undue delay, and not later than 14 days after the day on which it is informed about your decision to cancel the Contract. Finito will make the reimbursement using the same means of payment as you used for the initial transaction, unless otherwise agreed. You will not incur any fees as a result of the reimbursement.
Instruction to commence work immediately
If you request Finito to start the delivery of the Mentoring Programme before the cancellation period has expired and, subsequently, within the 14-day cancellation period, you decide to exercise your right to cancel the Contract, you must pay Finito for all the work that it has carried out before your decision to cancel the Contract was communicated to Finito. Finito’s fees will be calculated in the manner described in the Terms & Conditions.
Annex 1 – MODEL CANCELLATION FORM
Complete and return this form only if you wish to withdraw from the Contract.
To: Finito Education Ltd
I hereby give notice that I wish to cancel the Contract with you in respect of the provision of the Mentoring Programme.
Fee Payer name:………………………………….
Student name:…………………………………..
Start date of Contract: …………………………………..
Signed ………………………………………………
[insert name and surname here]
Date ……………………………………
You, the Fee Payer, acknowledge receipt of, and agreement to, these Terms & Conditions which form the basis of the Contract with Finito.
Signed …………………………………………….
Name…………………………………………………..
Date ………………………………………………..
