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PeopleSolve Ltd
Terms and Conditions for the provision of Training Services
1. Definitions
i. "Company" shall mean PeopleSolve Ltd.
ii. "Client" shall mean the organisation or individual
entering into this agreement for training.
iii. "Delegate" shall mean any individual accepted onto
a course.
iv. "Course" shall mean any training service arranged
by PeopleSolve Ltd.
2. Bookings
i. Bookings will only be accepted if a valid purchase order is
received from the Client or the full price is received by the
Company in advance.
ii. Once a booking has been accepted in writing by the Company
cancellation terms apply.
iii. The Company reserves the right to refuse any booking without
supplying a reason.
3. Terms of payment
i. Invoices are raised immediately following a course and will
be sent to the agreed contact.
ii. Payment of invoices is due 15 days from receipt of invoice.
iii. Where the condition at (ii) above is not met, the Company
reserves the right to charge interest at 2% per month until fees
are paid in full.
4. Cancellation or alternatives
i. Should the Company find it necessary to cancel or reschedule
any course the Client will be offered an alternative course or
a full refund of fees.
ii. The Company reserves the right to provide an alternative venue,
presenter or trainer to those published.
iii. Delegates may be substituted without penalty provided written
notice is received prior to commencement of the course.
5. Cancellation fees
i. Should a delegate or Client cancel a course, the Company reserves
the right to charge a fee on the following basis:
ii. More than 30 days from the agreed date of the course, no charge.
iii. Less than 30 days, more than 15 days from the agreed date
of the course, 25% of the fees.
iv. Less than 15 days, more than 6 days from the agreed date of
the course, 50% of the fees.
v. Less than 6 days of the course, 100% of the fees.
6. Consequential loss
i. The Company does not accept responsibility for any claims
for consequential loss suffered by the delegate and/or Client
following the cancellation or postponement of a course.
ii. The liability of the Company for the cancellation or postponement
of any course shall be limited to the course fees.
7. Copyright
i. The Company reserves proprietary rights on all course notes
and material provided for a Client or delegate and no part of
any course notes or material may be reproduced or transmitted
in any form or by any means electronic, mechanical, photocopying,
recording or otherwise, or stored in any retrieval system of any
nature without the written permission of the Company.
8. Acceptance of terms
ii. No variation can be made to these terms without written consent
of an office of the Company.
iii. These terms of business are deemed to be accepted by the
Client by virtue of a booking being made under the terms laid
out in Clause 2i, above.
9. Warranties and liabilities
i. The Company warrants that the course will be provided using
reasonable skill and care, and as far as reasonably possible,
in accordance with generally accepted industry standards and within
the timescales agreed.
ii. Except for the express limited warranties set out in Clause
9i above, the Company makes no warranty of any kind with respect
to the courses and hereby expressly excludes all other warranties,
conditions, all other terms or guarantees, written or oral, express
or implied, statutory or otherwise including without limitation,
any implied warranties, conditions, all other terms or warranty
of merchantability, satisfactory quality or fitness for a particular
purpose of the course or course material.
iii. The Company shall have no liability to the Client for any
loss, damage, costs, expenses or other claims for compensation
arising from any course material or instructions supplied by the
Client which are incomplete, incorrect, illegible, out of sequence,
or in the wrong form, or arising from their late arrival or non-arrival,
or any other fault of the Client.
iv. Except in respect of death or personal injury caused by the
Company's negligence, or as expressly provided in these Conditions,
the Company shall not be liable to the Client or the delegate
by reason of any representation (unless fraudulent), or any implied
warranty, condition or other term, or any duty at common law,
or under express terms of the Contract, for any loss of profit
or any indirect, special or consequential loss, damage, costs,
expenses or other claims (whether caused by the negligence of
the Company, its servants or agents, or otherwise) which arise
out of or in connection with the provision of the course (including
any delay in providing or failure to provide the course) or their
use by the Client and the entire liability of the Company under
or in connection with the Contract shall not exceed the amount
of the charges for the provision of the Course, except as expressly
provided in Clause 3.
v. The Company shall not be liable to the Client or be deemed
to be in breach of the Contract by reason of any delay in performing
or any failure to perform, any course, if the delay was due to
any cause beyond the Company's reasonable control.
10. Termination
i. Either party may terminate the Contract at any time by giving
not less than one month's written notice to the other.
ii. Either party may (without limiting any other remedy) at any
time by giving written notice to the other if the other commits
any breach of these conditions and (if capable of remedy) fails
to remedy the breach within 30 days after being required by written
notice to do so, or if the other goes into liquidation, become
bankrupt, makes a voluntary arrangement with its creditors or
has a receiver or administrator appointed.
11. Applicable law
i. These terms and conditions and all other expressed terms of
the contract shall be governed and constructed in accordance with
the laws of England.
12. General
i. These conditions constitute the entire agreement between the
Company and the Client, supersede any previous agreement or understanding
any may not be varied except in writing between the parties. All
other conditions express or implied by statute or otherwise, are
excluded to the fullest extent permitted by law.
ii. The Company and the Client shall, at all times, in the performance
of the Contract, conform with all applicable statutory and regulatory
requirements including but not limited to the Data Protection
Acts 1984 and 1998 and any statutory amendment or re-enactment
of them.
iii. The Company shall be entitled to assign or transfer the contract
and/or any right hereunder at any time. The Client may not assign
or transfer the Contract and/or any rights hereunder without the
Company's written consent and any attempt to do so without such
consent shall be void.
iv. A notice required or permitted to be given by either party
to the other under these conditions shall be in writing addressed
to the other party at its registered office or principal place
of business or such other address as may at the relevant time
have been notified pursuant to this provision to the party giving
the notice.
v. No failure or delay by either party in exercising any of its
rights under the Contract shall be deemed to be a waiver of that
right, and no waiver by either party of any breach of the Contract
by the other shall be considered as a waiver of any subsequent
breach of the same or any other provision.
vi. If any provision of these conditions is held by any court
or other competent authority to be invalid or unenforceable in
whole or in part, the validity of the other provisions of these
conditions and the remainder of the provision in question shall
not be affected.
vii. Any dispute arising under or in connection with these conditions
or the provision of the Course which cannot be settled amicably
will in the first place be referred to a senior management representative
chosen by each party. If there is still failure to settle the
dispute, the dispute shall be referred to arbitration by a single
arbitrator appointed by agreement or (in default) nominated on
the application of either party by the President for the time
being of the Chartered Institute of Arbitrators. The decision
of that arbitrator shall be final and binding on both parties.
viii. This Contract is made solely for the benefit of the Company
and the Client and their respective successor and permitted assigns.
No other person shall acquire or have any right under or by virtue
of this Contract, whether pursuant to the Contracts (Rights of
Third Parties) Act 1999 or otherwise.
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