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Training and Development Solutions - Terms and Conditions of Business
This page (together with the documents referred to on it) tells you the terms and conditions on which we will provide you with the courses and course documentation (Courses) listed on our website www.trainanddevelop.co.uk (our site) to you. Please read these terms and conditions carefully before making a booking for any Courses from our site. You should understand that by booking any of our Courses, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1. ABOUT US
The site is operated by Training & Development Solutions (UK) Limited (we). We are registered in England and Wales under company number 4674183 and with our registered office at 117 Derby Road, Loughborough, Leicestershire, LE11 5AE. Our VAT number is 818 7984 69.
2. HOW TO BOOK
2.1 You can book a standard course:
(a) on-line using the booking form; or
(b) by contacting us directly with details of the course that you wish to attend.
2.2 You can book a customised course by contacting us directly and discussing your requirements.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After booking a Course, you will receive an e-mail from us acknowledging that we have received your booking. Please note that this does not mean that your booking has been accepted. Your booking constitutes an offer to us to purchase delegate places at a Course. All bookings are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the booking has been made (Booking Confirmation). The contract between us (Contract) will only be formed when we send you the Booking Confirmation.
3.2 The Contract will relate only to those Courses whose booking we have confirmed in the Booking Confirmation. We will not be obliged to deliver any other Courses which may have been part of your booking until the booking of such Courses has been confirmed in a separate Booking Confirmation.
4. DEVELOPMENT FEES
4.1 We reserve the right to levy a course development fee when the customisation of a course, in accordance with clause 2.2, results in the course material being wholly or partly re-written. This fee will be agreed on a case by case basis and will be confirmed prior to any work being started, after which a Booking Confirmation will be sent.
5. CANCELLATION
5.1 The following cancellation fees and periods apply to any cancellations by you:
Days notice of cancellation/transfer prior to the commencement of the Course % of course fee to pay
42 workings days or over - 25%
26-41 working days - 50%
11-25 working days - 75%
10 working days or under - 100%
5.2 Subject to clause 5.1, if you are contracting as an individual and not for a business, you may cancel a Contract at any time within seven working days, beginning on the day after you receive the Booking Confirmation. In this case, you will receive a full refund of the price paid for the Courses less an administration charge.
5.3 Should you cancel a course booking, you may attend another course of equal or greater value upon paying the difference. Should this be done, an administration charge will be levied.
5.4 To cancel a Contract, you must inform us in writing.
5.5 You will not have any right to cancel a Contract for the booking of any customised Courses.
5.6 We reserve the right to cancel and/or amend any booking at any time without notice to you.
6. COURSE JOINING INSTRUCTIONS
6.1 We will endeavour to send to you by e-mail joining instructions for all courses approximately 10 days prior to the course delivery date.
6.2 Should you not receive such instructions within the period mentioned in clause 6.1, then you should contact us immediately so that such instructions may be delivered to you.
7. DELEGATES
7.1 If you are unable to attend, a substitute may attend at no extra charge. Please inform us of these changes as soon as possible.
7.2 Delegates shall act reasonably throughout the Course. We reserve the right to cease training or expel the Delegate should their behaviour be unacceptable to the Course provider.
8. COURSE LOCATION
8.1 We reserve the right to amend the Course location at short notice. However, we will endeavour to provide you with details of alterations as soon as possible.
9. COURSE FEE
9.1 The price of any Courses will be:
(a) as quoted on our site from time to time, except in cases of obvious error; or
(b) where Courses are customised, the fee advised by us.
9.2 Prices quoted are inclusive of VAT .
9.3 We reserve the right to amend Course fees from time to time, but changes will not affect bookings in respect of which we have already sent you a Booking Confirmation.
9.4 We will normally verify prices as part of our booking confirmation procedures so that, where a Courses correct price is less than our stated price, we will charge the lesser amount for the Course. If a Courses correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before sending a Booking Confirmation, or reject your booking and notify you of such rejection.
9.5 We are under no obligation to provide the Course to you at the incorrect (lower) price, even after we have sent you a Booking Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
10. PAYMENT
10.1 We will endeavour to e-mail to you a VAT invoice for the Courses within 5 working days of the course delivery date. Should this method of delivery not be acceptable, you should inform us when the course is booked and we can mutually agree an alternative method of delivery.
10.2 Invoices shall be paid without deduction or set-off.
10.3 All invoices are due to be settled within 30 calendar days of delivery of commencement of the Course or cancellation of a Course, and time for payment shall be of the essence.
10.4 Without prejudice to any other right or remedy that it we may have, if you fail to pay the invoice sum on or before the due date, we may:
(a) if you are contracting as an individual and not for a business:
(i) charge daily interest on such sum from the due date for payment in accordance with section 69 of the County Courts Act 1984; and
(ii) such administration fees incurred.
(b) In all other cases, not falling under 8.3(a):
(i) charge daily interest on such sum from the due date for payment in accordance with the Late Payment of Commercial Debts (Interest) Act 1998; and
(ii) such administration fees which incurred.
11. OUR LIABILITY
11.1 We shall not be liable to you for any direct or indirect costs incurred by you as a result of:
(a) variation of a Course location b y us or any third party; or
(b) cancellation of a course by us or you; or
(c) loss or damage to property.
11.2 Our liability is limited to the Course fee.
11.3 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
11.4 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. NOTICES
13.1 All notices given by you to us must be given to Training & Development Solutions (UK) Limited.
13.2 We may give notice to you the e-mail or postal address you provide to us when making a booking.
13.3 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
14. INTELLECTUAL PROPERTY
14.1 The intellectual property rights in the Course and any Course documentation, customised or not, are and will remain the property of us.
15. FORCE MAJEURE
We shall have no liability to you under the Contract if we are prevented from prevented from, or delayed in performing, our obligations under the Contract or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm.
16. WAIVER
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 .
17. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 These conditions are the only conditions upon which we are prepared to deal with you and they shall govern the Contract to the entire exclusion of all other terms or conditions, save those as under clause 11.3 . No terms or conditions endorsed upon, delivered with or contained in your businesses booking requests or similar document shall form part of the Contract and you waives any right which you otherwise might have to rely on such terms and conditions.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 You will be subject to the terms and conditions in force at the time that you make a booking with us.
20. LAW AND JURISDICTION
Contracts for the booking of Courses through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Updated 9th July 2008
