Terms and conditions

Subject to section 7, if We fail to comply with these Terms, PHNX is responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but PHNX is not responsible for any loss or damage that is not foreseeable or is your responsibility. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time we entered this contract.

We only supply the Services for your private use. You agree not to use the Services for any commercial, business, or resale purpose, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not exclude or limit in any way Our liability for:

• death or personal injury caused by Our negligence or the negligence of Our employees, agents, or subcontractors
• fraud or fraudulent misrepresentation
• breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession)
• breach of the terms implied by sections 3, 4, and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples)

Subject to the clause found in paragraph 7:

• We are not liable for your performance at any interview or for what You say at an interview, which is your responsibility, and
• Our total liability to You in respect of the Services, of all and any claims brought by You, including for breach of contract, negligence or other default, except where specifically noted to the contrary in the above Order, is in all cases £750, which we consider is reasonable bearing in mind the nature of the Services.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation:

• strikes, lock-outs, or other industrial action by third parties
• civil commotion or riot
• invasion, terrorist attack or threat of terrorist attack
• war (whether declared or not) or threat or preparation for war
• fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster
• failure of public or private telecommunications networks

If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

• We will contact you as soon as reasonably possible to notify you; and
• Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.

You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see the Customer’s cancellation rights under paragraph 9. We will only cancel the contract if the Event Outside Our Control continues for longer than 2 weeks in accordance with Our cancellation rights in paragraph 9.

Before We begin to provide the Services, you have the following rights to cancel an Order for Services, including where you choose to cancel because PHNX is affected by an Event Outside Our Control or if We change these Terms under paragraph 3, bullet point 1 to the Customer’s material disadvantage:

• you may cancel any Order for Services at any time before the start date for the Services, provided you give Us at least 24 hours’ advance notice prior to any agreed start time or meeting time for the Services;
• if you cancel an Order under paragraph 9, and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.

If you cancel an Order for Services under paragraph 9, bullet point 1 and We have already started work on your Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us.

However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.

Once We have begun to provide the Services to you, you can exercise your consumer right to cancel during the cooling off period of 14 calendar days after the Order was confirmed. You must give Us notice in writing. Any payment you have made for Services that have not been provided will be refunded to you.

PHNX does not, as a rule, offer full refunds to students who wish to cease studying before the courses are finished. However, we will consider this in extenuating circumstances at the Company's discretion. Any refunds that are issued will take 5-7 working days to be processed by our accounts department, and a further 5-7 days to be paid back into your account.

Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:

• We break this contract in any material way and We do not correct or fix the situation within 5 days of you asking Us to in writing; will contact you as soon as reasonably possible to notify you; and
• we go into an insolvent winding up process;
• we change these Terms under paragraph 3, bullet point 1 to the Customer’s material disadvantage;
• PHNX is affected by an Event Outside Our Control

We may have to cancel an Order before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. If this happens:

• we will promptly contact you to let you know;
• if you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
• where We have already started work on the Order for Services, We will not charge you anything and you will not have to make payment to Us.

Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least 14 calendar days' notice in writing.

We may cancel the contract for Services at any time with immediate effect by giving you written notice if:

• you do not pay Us when you are required to as set out in paragraph 6.
• you break the contract in any other material way and you do not correct or fix the situation within 48 hours of Us asking you to in writing.

In the rare instance that you have a complaint, please send it in writing to will@phnxeq.com along with all supporting documents. You will receive an email within 48 hours to confirm receipt of your complaint.

Your complaint will then be investigated fully by our team, and reviewed with no bias, based on the facts of the situation. We will respond to you in writing with either a resolution or for further information within a 7-day window and where we can, we will advise you regarding the response timescales as the process continues.

In instances where a resolution cannot be reached, the complaint will be escalated to a higher level of management where a decision will then be made regarding the issue.

We will use the personal information You provide to Us to:

• provide the Services;
• process customer’s payment for such Services; and
• inform You about similar products or services that We provide, but You may stop receiving these at any time by opting out/contacting Us.

For more information, refer to our privacy policy.

PHNX trades as PHNX Ltd.

If You have any questions or if you have any complaints, please contact Us at will@phnxeq.com at any time.

If You wish to contact Us in writing, or if any paragraph in these Terms requires You to give Us notice in writing (for example, to cancel the contract for Services which We have started to provide), You can send this to Us by email.

This contract is between You and Us. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these Terms 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.

If We fail to insist that You perform any of the Customer’s obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.

These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.

All the intellectual property rights in all materials provided by Us or made available by us on Our website for the purposes of the Services or otherwise shall remain within the ownership of the PHNX Ltd (or, as the case may be, its licensor). Such intellectual property may only be used by the Customer for the purposes of and limited to this Contract, for their personal use, and must not be copied, modified, disseminated in any way or used by the Customer for the purposes of any trade, commerce or business. Any permission to use such materials is terminable at any time on notice given by PHNX Ltd (or, as the case may be, its licensor).

The PHNX website is https://www.phnxeq.com. The use of the website is subject to the Website terms of use published on the website from time to time, which terms of use may be modified by Us at any time. If We make any access credentials and/or log in details available to You at any time, they are to be used by You for your personal use only, are not to be disclosed to any other person, and We reserve the right to terminate any access by You or any other person to the website at any time within Our absolute discretion.

We reserve the right to change these Terms and Conditions at any time, and You agree to abide by the most recent version of this Terms of Conditions each time You view and use the Website. You are accordingly advised to consult the Terms and Conditions each time You view and use the Website and to not use the Website if You do not agree with them.