1 About These Terms And Conditions
1.1 In these terms and conditions “we”, “us” & “our” means S C Cymru Cyf / C S Wales Ltd and “you” means you the customer. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your order constitute the contract between us and you for the supply of products. No other terms and conditions shall apply. The contract cannot be varied unless we agree to vary it in writing or by email.
1.2 By accessing or using the S C Cymru Cyf / C S Wales Ltd website you agree to be bound by the terms and conditions below.
1.3 In these Conditions:
a) Words importing the singular shall include the plural and vice versa, words importing a gender shall include all genders, and words importing persons shall include corporate bodies, unincorporated associations and partnerships.
b) Any reference to a statute, statutory provision or subordinate legislation is a reference to such legislation as amended and in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation.
c) Any reference to a Condition is to a condition in these Conditions. d) Headings are included for ease of reference only and shall not affect the interpretation or construction of these Conditions.
2 Training Services And Location
2.1 S C Cymru Cyf / C S Wales Ltd shall provide Training Services in accordance with these terms and conditions.
2.2 Up until 72 hours before the Training Service is due to commence, S C Cymru Cyf / C S Wales Ltd may, by notice in writing, alter the Training Location provided that the new Location is within 10 miles of the original.
2.3 Training delivered at a Location organised by the client must be suitable and meet the Awarding Body’s standards.
3 Transfers And Cancellations
3.1 A 24 hour cooling off period will apply to all bookings where the course is 7 days or more from the booking being received, during this time transfers and cancellations are free of charge but must be notified in writing as per 3.6.
3.2 If a Delegate or Client wishes to cancel a booking a]er the cooling off period, the following fees shall be due:
Days’ notice of cancellation prior to the commencement of the Training Services (day 1 being the day following the request) – % Charges to pay
– Less than 15 Days (0-14 days) – 100%
– 15- 28 days – 50%
– 29 days and over – 0%
3.3 If a Delegate or Client wishes to transfer from a course on to another course, the following fees shall be due:
Days’ notice of transfer prior to the commencement of the Training Services (day 1 being the day following the request) – % Charges to pay
– Less than 8 Days (0-7 days) – 100%
– 8 – 28 days – 50%
– 29 days and over – £0
3.4 A transfer can only be made where the Delegate or Client can confirm the new course they wish to attend, transfers cannot be made if the new course is to be confirmed.
3.5 A substitute delegate may be provided as a name change, this is usually free of charge however any costs incurred by S C Cymru Cyf / C S Wales Ltd will be passed on to the Customer.
3.6 Notification of any cancellation, name change or transfer must be made in writing, to S C Cymru Cyf / C S Wales Ltd via email.
3.7 S C Cymru Cyf / C S Wales Ltd reserve the right to cancel, alter or rearrange courses without liability and as they deem necessary. In such an event, attendees will be offered alternative courses or a full refund, except in accordance with 2.2.
4 Charges And Payment
4.1 The Charges for the Training Services which are subject to a Booking Form, Proposal or Email shall be due upon booking and shall be paid at least 21 days before the course start date (unless otherwise agreed).
4.1.1 In the event of a transfer from one course to another the original course date will still serve as the date for payment as per clause 4.1.
4.2 The Client shall pay the Charges without deduction or set-off.
4.3 Sums due under this Agreement are exclusive of VAT which shall be payable by the Client. VAT is currently chargeable at 20%.
4.4 In the event the Client fails to make payment in accordance with this Agreement, S C Cymru Cyf / C S Wales Ltd may:
4.4.1 Charge interest at the statutory interest rate specified in the Late Payment of Commercial Debt (interest) Act 1998; and/or at a rate of 8%.
4.4.2 Suspend supply of the Training Services by notice in writing until such time that full payment is received (unless otherwise agreed).
4.4.3 Delay the release of certificates.
4.4.4 The Delegate may not be able to attend the course.
4.4.5 In the event S C Cymru Cyf / C S Wales Ltd seek legal advice to recover any debt, all legal fees will be chargeable to the client. Should the matter be issued at County Court interest applies at a daily rate of 8% and court issue fees and other court fees will be recoverable and payable.
4.5 Unless otherwise agreed quotations are valid for 14 days and are subject to change a]er that period.
4.6 Once we have an agreement (date, Location cost, expenses etc.) will invoice you, your booking will not be confirmed until full payment is cleared.
4.7 Unless otherwise agreed, Delegates will not be permitted to start a c\Curse if payment has not cleared.
5 Delegates
5.1 Delegates shall act reasonably throughout the training. S C Cymru Cyf / C S Wales Ltd may remove a delegate from a course, where, in the opinion of the Tutor, which shall be final, the Delegate is behaving unreasonably. In these instances the invoice will remain fully payable.
5.2 Delegates may not be able to sit the course should they not meet the prerequisites of the course, this includes, but is not limited to – speaking, writing and understanding English, age restrictions and holding the correct certificates.
5.3 Invoices relating to Delegates who are removed from, or unable to sit, the course will still be fully chargeable.
5.4 Resits are available to delegates who do not pass, but achieve the resit mark, on CITB examinations. A resit fee may be charged and is payable prior to the resit taking place, unless otherwise agreed. Only one resit is allowed per delegate per course.
5.5 Equipment must not be removed from the training environment, any damages by wilful misuse or negligence will be chargeable.
5.6 Delegates should arrive at the training venue before the start of the course; late arrivals are permitted at the discretion of S C Cymru Cyf / C S Wales Ltd and / or the Tutor. Delegates who arrive late and are not permitted to attend the course will still be required to pay in full.
5.7 Delegates must complete all course paperwork correctly, failure to do so may result in the course not being completed. S C Cymru Cyf / C S Wales Ltd will contact delegates to correct / complete paperwork once only.
5.8 certificates will be issued following the course, when payment has cleared, to the address on file.
5.9 Delivery is free of charge to UK addresses, delivery outside of the UK will incur a £10 + VAT charge. This must be paid before posting.
5.10 The certificate belongs to the delegate and should not be withheld by the Client or third part booking agent.
5.11 Duplicate hard copy certificates must be requested in writing and will be chargeable. Duplicate copies of certificates will only be ordered a]er payment is cleared.
5.12 Delegates under the age of 18 at the time of training must bring a letter of consent from a parent / guardian.
6 Liability And Its Exclusion And Limitation
6.1 The Charges are determined on the basis of the limits and liability set out in these terms and conditions. The Client may, by written notice to S C Cymru Cyf / C S Wales Ltd, request S C Cymru Cyf / C S Wales Ltd to propose a higher limit of liability subject to an increase in the charge.
6.2 In no event shall S C Cymru Cyf / C S Wales Ltd be liable for (whether direct or indirect) any loss of contracts, profits, anticipated savings, revenue, goodwill, business loss and corruption of data or so]ware programs, financing expenses, interruption in the use or availability of data, stoppage to other work or consequential losses, nor for any indirect losses.
6.3 Subject to Clause 5.6, S C Cymru Cyf / C S Wales Ltd liability shall not exceed charges.
6.4 S C Cymru Cyf / C S Wales Ltd and the Client shall indemnify each other against damage to tangible property whether personal or real, and death or injury to persons to extent caused by the negligence of the other party provided that:
6.4.1 The other party is immediately notified of any claim and has full power to negotiate and settle any claims.
6.4.2 The total liability of each party to the other for damage to tangible property, whether personal or real, shall be limited to £2,000,000 in respect of each event or connected series of events and an annual aggregate of £5,000,000.
6.5 Each provision of this Clause shall survive independently.
6.6 Nothing in this Agreement shall operate to limit or exclude any liability of S C Cymru Cyf / C S Wales Ltd which may not be excluded and or limited by law.
7 Insurance
7.1 In the case of In-House Training, the parties shall carry public liability insurance for a minimum amount of £2,000,000 for each and every claim and shall provide evidence of this cover upon request.
8 Advertising
8.1 S C Cymru Cyf / C S Wales Ltd may make reference to a Clients contract within any proposal to further Clients, provided only fundamental facts are divulged and not proprietary and confidential information.
8.2 S C Cymru Cyf / C S Wales Ltd may store the names of the Delegates for the purpose of delivering the service and advising them, of the availability of courses in the future.
8.3 No offer or discount can be used in conjunction with another offer or discount, unless agreed in writing by a Director of S C Cymru Cyf / C S Wales Ltd.
9 Data Protection & Privacy
9.1 The Client shall ensure that it has in place all necessary consents in connection with Personal Data to allow S C Cymru Cyf / C S Wales Ltd at all times to perform the Training Services without infringing any third-party rights.
9.2 S C Cymru Cyf / C S Wales Ltd warrants to the Client that it will only use the Personal data for the purposes of carrying out its obligations hereunder and that it will ensure that all reasonable and appropriate security measures are in place to protect the Personal Data. Furthermore, S C Cymru Cyf / C S Wales Ltd will destroy the Personal Data upon written demands from the Client where possible, and further, that it has in all respects complied with its obligations under the General Data Protection Regulations 2016 and any amendments to or re-enactments thereof.
9.3 S C Cymru Cyf / C S Wales Ltd is a registered organisation with the Information Commissioners Office and holds a data protection certificate.
10 Intellectual Property
10.1 All intellectual property rights, including copyright, patents and design arising in connection with this Agreement and shall belong to and remain vested in S C Cymru Cyf / C S Wales Ltd and the Client shall execute any document necessary for this purpose.
11 Credit Rating
11.1 We reserve the right to assess the financial status of any organisation or individual making a booking or in the process of making a booking and also reserves the right to require payment prior to confirming a booking.
12 Health And Safety
12.1 The parties shall comply with all applicable health and safety legislation and codes of practice.
13 Termination
13.1 Either party may terminate this Agreement by written notice:
13.1.1 if the other party makes any voluntary arrangement with its creditors or enters into administration (whether or not pursuant to a court order) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation or is deemed under Section123 of the Insolvency Act 1986 to be unable to pay its debts or is dissolved and / or
13.1.2 if the other party fails to remedy a material breach of the Agreement within 30 days of written notice identifying the breach and notifying of an intention to terminate; and / or
13.1.3 if an encumbrance takes possession, or a received or administrative received is appointed, of any of the property or assets of the party; and/or 13.1.4 the other party threatens to cease to carry on business.
14 Assignment
14.1 This Agreement is personal to the Client and may not be assigned by the Client in whole or in part.
15 Force Majeure
15.1 Neither party shall be responsible for any failure or delay in performance of its obligations under this Agreement (other than the obligation to make payments of money) due to any force majeure event including, Act of God, refusal of license (other than as a result of any act or omission of S C Cymru Cyf / C S Wales Ltd) or other Government act, fire explosion, embargo, terrorism, civil disturbance, accident, epidemics, lightning damage, electromagnetic interference, radio interference, strikes industrial dispute, or any other cause beyond its reasonable control.
16 Non-Solicitation
16.1 The Client shall not during the term of this Agreement and for six months thereafter, entice or solicit for employment with it, or any other entity, any Tutor or Employee who has been engaged to provide the Training Services.
17 En-re Agreement
17.1 This Agreement sets out the entire agreement between the parties in relation to the subject matter hereof and supersedes all previous arrangements, agreements and representation whether written, oral or implied between the Client and S C Cymru Cyf / C S Wales Ltd relating to the Training Services.
18 Agreement Amendments
18.1 Any amendments to this Agreement shall be in writing.
19 Effectiveness
19.1 This Agreement shall be effective upon signature by the parties or by requesting training services from S C Cymru Cyf / C S Wales Ltd.
20 Third Parties
20.1 Third parties have no rights under the Contracts (Rights of Third parties) Act 1999, or any amendment to, or re-enactment of it, to enforce any provision of this Agreement. 21 Copyright The Training Course content and materials remain the copyright of S C Cymru Cyf / C S Wales Ltd. Unauthorised copying or redistribution of the Course Training materials is prohibited unless agreed in advance in writing by First Option Training.
20 Law
20.1 This Agreement shall be construed in accordance with English law and the English courts shall have sole jurisdiction.
DEFINITIONS
“Agreement” means these terms and conditions and (depending on the type of Training Service) (i) the Booking Form, (ii) the Proposal or (iii) the Email.
“Booking” means the booking request, via email, website, phone or booking form, to S C Cymru Cyf / C S Wales Ltd from the Client or Delegate.
“Force Majeure Event” Any event beyond the reasonable control of the affected party, which cannot be reasonably planned for or avoided.
“Good Industry Practice” The degree of skill, diligence, prudence and foresight that would reasonably be expected from a skilled and experienced supplier of training courses.
“Charges” means the charges for the Training Services set out in the Booking Form, Proposal or Email. The charges are set in pound sterling. “The Client” means the company or delegate identified in the Booking Form, Proposal or Email.
“Clause” means a clause in these terms and conditions.
“The Date(s) for the Training Services” means the date(s) upon which the Training Services are to take place as set out in the Booking Form, Proposal or Email.
“Delegate” means the members of the Client’s staff or individuals who are to receive the Training Services as set out in the Booking Form, Proposal or Email.
“Expenses” means the expenses incurred in respect of travel and accommodation wholly and necessarily for the purposes of the Agreement as may be identified in a Proposal.
“Order” A request from the Client for us to provide the Course to one or a number of Delegates.
“Order Confirmation” The Client’s written acceptance of the Quotation.
“Quota-on” The written Quotation for the provision of the Course provided by us to the Client in response to an Order
“Personal Data” means the data which relates to a living individual who can be identified from that data or from that data and other information and which is provided to S C Cymru Cyf / C S Wales Ltd by the Client. All personal data is stored securely.
“Proposal” means the proposal for Training Services accompanying these terms and conditions.
“The Tutor” means a qualified, knowledgeable professional on the subject matter of the Course who is engaged by Us to prepare the Course Materials and/or deliver the Course.
“The Training Location” means the place at which the Training Services are to be held.
“Training Services” means the training requirements set out in the Booking Form, Proposal or Email.
“Booking Form” means the online or off-line booking system.