Courses T and C
Course Bookings Terms and Conditions
Please read these Terms and Conditions carefully. All contracts that the Provider may enter into from time to time for training courses provided shall be governed by these Terms and Conditions. By booking a training course, the customer agrees with these terms and conditions. If a customer does not agree with the terms and conditions herein, the customer should not proceed with booking a training course. If you are unsure, you should seek the appropriate legal advice.
The date upon which course fees are paid is the date from which the term (as set out in these terms and conditions) commences. Course fees are non-refundable. The products in course kits (where supplied) should be kept in a safe place and remain intact until the start of your course. When starting your course, you should ensure you are situated in a safe environment and away from children. At your own discretion you may print course materials and you will need a camera if you are completing a home study or online course.
We take seriously any threatening, abusive, violent, or harassing behavior against any of our staff, students and trainers, this applies to the duration of all courses including home study, online or in-class as well as throughout any online threads, groups, forums, social channels and websites. If an individual acts in a such a way, they will be asked to cease such behavior. If such behavior persists, we will exercise our right to take action which includes terminating a course and or issuing a Formal Cease and Desist. Any incident of threatening, abusive, violent, or harassing behavior may be reported to the Police Service as part of our Zero Tolerance Policy. We hope that you will understand and welcome this Policy which is in place for the best interests of our hard working staff, our progressive learners and dedicated trainers. Please note that any non-observance will not be accepted.
Terms for booking courses through our website or providers.
1.1 In these Terms and Conditions, except to the extent expressly provided otherwise:
"Business Day" means any weekday other than a bank or public holiday in England;
"Business Hours" means the hours of 09:00 to 17:00 GMT/BST on a Business Day;
"Charges" means the following amounts:
(a) the amounts specified for Appointment services in Invoices provided to the Customer
"Contract" means a particular contract made under these Terms and Conditions between the Provider and the Customer;
"Customer" means the person or entity identified and receiving services
"Customer Premises" Where applicable, means any premises owned or controlled by the Customer at which the parties expressly or impliedly agree the personnel of the Provider shall provide Services;
"Effective Date" the date from which services commence
"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars;
"Provider" means the individual or entity providing the services
"Services" means the tutoring services specified in invoices and other documentation.
"Term" the term of the Contract, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2
"Terms and Conditions" means all the documentation containing the provisions of the Contract, namely the main body of these Terms and Conditions, invoices and other documents, including any amendments to that documentation from time to time.
2.1 The Contract shall come into force upon the Effective Date. The effective date will be that when any such outstanding fees for the Appointment services were paid.
2.2 The Contract shall continue in force for a period three months, from the effective date, upon which it will terminate automatically, subject to termination in accordance with Clause 13.
2.3 Unless the parties expressly agree otherwise in writing.
3.1 The Provider shall provide the Services to the Customer in accordance with these Terms and Conditions.
3.2 The Provider shall provide the Services with reasonable skill and care.
3.3 If the Customer believes that any element of the Services does not meet the standard specified in Clause 3.2, then the Customer must promptly notify the Provider and allow the Provider to investigate the matter (including where applicable allowing the Provider to inspect the results of those Services) and, if those Services do not meet that standard, re-perform those Services.
3.4 The Provider shall devote such of its personnel's time and expertise to the performance of the Services as may be necessary for their satisfactory and timely completion.
3.5 The Provider shall comply with all reasonable requests and directions of the Customer in relation to the Services.
3.6 For the avoidance of doubt, the Provider does not guarantee that the receipt of the Services will lead to any particular grading or result in any course, examination or assignment.
4. Services appointments
4.1 The Provider shall provide the Services during appointments commencing on the date(s) and at the time(s) agreed with the Customer.
4.2 The Customer acknowledges that work for other customers may from time to time lead to the Provider's or its personnel arriving late for a Services appointment, and agrees that the Provider will not be in breach of the Contract by virtue of the Provider's personnel being not more than 3 hours late for a Services appointment.
4.3 If a party wishes to reschedule a Services appointment, then that party must give to the other party a written request for such rescheduling at least 7 Business Days before the Services appointment is due to commence. In these circumstances, each party will use all reasonable endeavors to agree an alternative Services appointment.
4.4 If the Provider is unable to attend a Services appointment, the Provider may by written notice to the Customer reschedule the Services appointment, in which case:
the Provider shall not be in breach of these Terms and Conditions or otherwise liable to the Customer in respect of a failure to supply the relevant Services.
4.5 At the sole discretion of the Provider, a Customer may request an Appointment for services to be rescheduled, so long as;
(a) the rescheduled appointment for services is within the Term as specified in the Terms and Conditions and;
(b) a request for an Appointment for services to be rescheduled has not been requested more than two times and;
(c) the request for Appointment for services to be rescheduled is no later than 14 days prior to the original Appointment for services
5. Provider personnel
5.1 Where applicable, the Provider shall ensure that all personnel involved in the provision of the Services:
(a) have been interviewed by the Provider
(b) have supplied proof of identity and satisfactory references to the Provider
(c) have been properly trained and are adequately experienced in the provision of the Services and
(d) hold all necessary qualifications and certifications required for their work in relation to the Services
6. Customer Premises
6.1 Where applicable, the Customer shall:
(a) promptly provide to the Provider such access to the Customer Premises as is reasonably required by the Provider for the provision of the Services and
(b) maintain the Customer Premises in good order for the supply of the Services and in accordance with all applicable laws.
6.2 Where applicable, the Provider shall use all reasonable measures to secure any keys, and any other means of access, supplied by the Customer to the Provider for the purpose of enabling the Provider's personnel to enter and work at the Customer Premises.
7.1 The Customer shall pay the Charges to the Provider in accordance with these Terms and Conditions.
7.2 If the Charges are based in whole or part upon the time spent by the Provider performing the Services, the Provider must obtain the Customer's written consent before performing Services that result in any estimate of time-based Charges given to the Customer being exceeded or any budget for time-based Charges agreed by the parties being exceeded; and unless the Customer agrees otherwise in writing, the Customer shall not be liable to pay to the Provider any Charges in respect of Services performed in breach of this Clause 7.2.
7.3 Where applicable, all amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated inclusive of any applicable value added taxes.
7.4 The Provider may elect to vary an element of the Charges by giving to the Customer not less than 30 days written notice of the variation prior to the agreed Services appointment date.
8.1 The Provider shall issue invoices for the Charges to the Customer in advance of the delivery of the relevant Services to the Customer.
8.2 The Customer must pay the Charges to the Provider within the period of 7 days following the issue of an invoice in accordance with this Clause 8.
8.3 The Customer must pay the Charges by using such payment details as are notified by the Provider to the Customer from time to time.
8.4 If the Customer does not pay any amount properly due to the Provider under these Terms and Conditions, the Provider may charge the Customer interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time (which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month).
9.1 This Clause 9 applies to all contracts entered in to between the Provider and Customer (acting as an individual or entity inside or outside their trade, business, craft of profession).
9.2 The Customer may withdraw an offer to enter into the Contract with the Provider at any time; and the Customer may cancel the Contract entered into with the Provider at any time within the period:
(a) beginning when the Contract was entered into; and
(b) ending at the end of 14 days after the day on which the Contract was entered into,
subject to Clause 9.3. The Customer does not have to give any reason for the withdrawal or cancellation.
9.3 The Customer agrees that the Provider may begin the provision of services before the expiry of the period referred to in Clause 9.2, and the Customer acknowledges that, if the Provider does begin the provision of services before the end of that period, then:
(a) if the services are fully performed, the Customer will lose the right to cancel referred to in Clause 9.2; and
(b) if the services are partially performed at the time of cancellation, the Customer must pay to the Provider an amount proportional to the services supplied or the Provider may deduct such amount from any refund due to the Customer in accordance with this Clause 9.
9.4 In order to withdraw an offer to enter into the Contract or cancel the Contract on the basis described in this Clause 9, the Customer must inform the Provider of the Customer's decision to withdraw or cancel (as the case may be). The Customer may inform the Provider by means of any clear statement setting out the decision. To meet the cancellation deadline, it is sufficient for the Customer to send its communication concerning the exercise of the right to cancel before the cancellation period has expired.
9.5 If the Customer withdraws an offer to enter into the Contract, or cancels the Contract, on the basis described in this Clause 9, the Customer will receive a full refund of any amount the Customer paid to the Provider in respect of the Contract, except as specified in this Clause 9.
9.6 The Provider will refund money using the same method used to make the payment, unless the Customer has expressly agreed otherwise. In any case, the Customer will not incur any fees as a result of the refund.
9.7 The Provider will process the refund due to the Customer as a result of a cancellation on the basis described in this Clause 9 without undue delay and, in any case, within the period of 14 days after the day on which the Provider is informed of the cancellation.
10.1 The Provider warrants to the Customer that it has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions.
10.2 The Customer warrants to the Provider that it has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions.
10.3 All of the parties' warranties and representations in respect of the subject matter of the Contract are expressly set out in these Terms and Conditions. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of the Contract will be implied into the Contract or any related contract.
11. Limitations and exclusions of liability
11.1 Nothing in these Terms and Conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law
11.2 The limitations and exclusions of liability set out in this Clause 11 and elsewhere in these Terms and Conditions:
(a) are subject to Clause 11.1; and
(b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
11.3 The Provider will not be liable to the Customer in respect of any losses arising out of a Force Majeure Event.
11.4 The Provider will not be liable to the Customer in respect of any loss of profits or anticipated savings.
11.5 The Provider will not be liable to the Customer in respect of any loss of revenue or income.
11.6 The Provider will not be liable to the Customer in respect of any loss of business, contracts or opportunities.
11.7 The Provider will not be liable to the Customer in respect of any special, indirect or consequential loss or damage.
11.8 The liability of the Provider to the Customer under the Contract in respect of any event or series of related events shall not exceed the greater of:
(a) the total amount paid and payable by the Customer to the Provider under the Contract in the 12 month period preceding the commencement of the event or events.
12. Force Majeure Event
12.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Contract, other than any obligation to make a payment, that obligation will be suspended for the duration of the Force Majeure Event.
12.2 A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under the Contract, must:
(a) promptly notify the other; and
(b) inform the other of the period for which it is estimated that such failure or delay will continue.
12.3 A party whose performance of its obligations under the Contract is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.
13.1 Either party may terminate the Contract by giving to the other party at least 30 days written notice of termination.
13.2 Either party may terminate the Contract immediately by giving written notice of termination to the other party if the other party commits a material breach of these Terms and Conditions.
13.3 Either party may terminate the Contract immediately by giving written notice of termination to the other party if:
(a) the other party:
(i) is dissolved;
(ii) ceases to conduct all (or substantially all) of its business;
(iii) is or becomes unable to pay its debts as they fall due;
(iv) is or becomes insolvent or is declared insolvent; or
(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up[ (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under the Contract)]; or
(d) [if that other party is an individual:
(i) that other party dies;
(ii) as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or
(iii) that other party is the subject of a bankruptcy petition or order.]
14. Effects of termination
14.1 Upon the termination of the Contract, all provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): [Clauses 1, 8.2, 8.4, 11, 14 and 17].
14.2 Except to the extent that these Terms and Conditions expressly provides otherwise, the termination of the Contract shall not affect the accrued rights of either party.
15.1 Any notice given under these Terms and Conditions must be in writing, whether or not described as "written notice" in these Terms and Conditions.
15.2 Any notice from one party to the other party under these Terms and Conditions must be given by one of the following methods:
(a) delivered personally or sent by courier, in which case the notice shall be deemed to be received upon delivery; or
(b) sent by next-day recorded signed-for post, in which case the notice shall be deemed to be received 2 Business Days following posting,
providing that, if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.
16.1 The Provider must not subcontract any of its obligations under the Contract without the prior written consent of the Customer providing that the Customer must not unreasonably withhold or delay the giving of such consent. Or
16.1 Subject to any express restrictions elsewhere in these Terms and Conditions, the Provider may subcontract any of its obligations under the Contract, providing that the Provider must give to the Customer, promptly following the appointment of a subcontractor, a written notice specifying the subcontracted obligations and identifying the subcontractor in question.
16.2 The Provider shall remain responsible to the Customer for the performance of any subcontracted obligations.
17.1 No breach of any provision of the Contract shall be waived except with the express written consent of the party not in breach.
17.2 If any provision of the Contract is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
17.3 The Contract may not be varied except by a written document signed by or on behalf of each of the parties.
17.4 The Customer hereby agrees that the Provider may assign the Provider's contractual rights and obligations under the Contract to any successor to all or a substantial part of the business of the Provider from time to time providing that such action does not serve to reduce the guarantees benefiting the Customer under the Contract. Save to the extent expressly permitted by applicable law, the Customer must not without the prior written consent of the Provider assign, transfer or otherwise deal with any of the Customer's contractual rights or obligations under the Contract.
17.5 The Contract is made for the benefit of the parties and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation, or settlement under or relating to the Contract are not subject to the consent of any third party.
17.6 Subject to Clause 11.1, these Terms and Conditions, invoice, and other applicable documents, shall constitute the entire agreement between the parties in relation to the subject matter of Appointment services, and shall supersede all previous agreements, arrangements, and understandings between the parties in respect of that subject matter.
17.7 The Contract shall be governed by and construed in accordance with English law.
17.8 The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Contract.