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1.1 These terms and conditions apply to all work carried out in the provision of training services carried out by Prosec Consultancy Ltd to the client.
1.2 These terms shall take precedence over any terms and conditions of the Client, whether attached to, enclosed with, or referred to in any purchase order of the Client or elsewhere.
1.3 No additions or modifications to these Terms and Conditions shall have effect unless expressly agreed in writing by both parties
2.0 THE COMPANY’S OBLIGATIONS
2.1 The Company will use its reasonable care and skill in the delivery to the Client of the Project as per the Contract and any other requirements identified overleaf.
2.2 The Company will endeavour to meet all the Client’s requirements to the best of their ability.
2.3 The Company makes no guarantee that the Client or any member of the Client’s Company will successfully complete the Training and gain and relevant qualification or accreditation.
2.4 The Company makes no guarantee that the Client or any Member of the Client’s Company will obtain employment of any nature if the training is successfully completed
3.1 Bookings can be made up to 3 days prior to the course commencement date.
3.2 Reservations will not be complete until Prosec Consultancy Ltd have received a completed booking form and deposit / full course payment.
3.3 Joining instructions and any required pre-course learning materials will be sent to the client via email upon successful reservation.
3.4 All pre-course learning and documentation must be received by Prosec Consultancy Ltd before the course commencement date. Failure to return all relevant documentation will result in the client being refused access to the learning. No refund will be offered in this instance.
4.0 CHARGES AND PAYMENT
4.1 The Charges for Training Services shall be due upon booking and shall be paid within 7 days of the date of booking.
4.2 Sums due under this Agreement are inclusive of VAT which shall be payable by the Client.
4.3 In the event the Client fails to make payment in accordance with this Agreement, PROSEC may remove the client from the Training Services.
4.4 In return for the Company’s delivery of the Project the Client shall pay the Cost in accordance with the Terms stated on the Invoice (All payments by the Client will be made within 30 days of receipt of Invoice) Without prejudice to any other right or remedy that it may have, if the Client fails to pay the Company on the due date, the Company may charge the Client interest at 10% per year above the base rate of NATWEST Plc from time to time accruing daily and compounded annually on every invoice overdue for payment calculated from the date of the invoice until the date of payment whether before or after judgment, and may suspend all of its obligations hereunder until payment has been made in full. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
5.0 RESCHEDULED TRAINING
5.1 In the event of extreme circumstances, it may be necessary for Prosec Consultancy Ltd to reschedule a training course.
5.2 Prosec Consultancy Ltd reserves the right to reschedule the start date for any training course.
5.3 In the event that Prosec Consultancy Ltd reschedule a training course the client will be offered the option to:
5.3.1 Accept the alternative arrangements for the delivery of the course.
5.3.2 Receive a full refund of payments made
6.0 CANCELLATION / NON-ATTENDANCE OF TRAINING
6.1 The Company has a strict Cancellation/Non–attendance policy, which shall not be varied unless expressly agreed in writing and signed by or on behalf of both parties.
6.2 Paid Deposits are non-refundable.
6.3 The Cost will not be repaid either partially or in full (less deposit) unless the Client serves on the Company written notice of non-attendance. In the event that written notice is served the Company will refund the Cost (less the deposit) on the following basis;
6.3.1 Notice received 3 or more weeks before the training is delivered – 75% of Cost (less deposit) is refunded or transferred to a future project at the discretion of the Company.
6.3.2 Notice received 1 to 3 weeks before the training is delivered – 50% Cost (less deposit) is refunded, or transferred to a future project at the discretion of the Company
6.3.3 Notice received less than 1 week before the training is delivered – No refund but we may at our discretion transfer the fee to a future Project. However, there will be an additional administration charge of 25% of the Cost.
6.4 Any client who fails to attend, in the trainer’s opinion, any significant part of any course, will be liable for the full cost of the course unless the Client serves on the Company written notice of non-attendance
6.5 Notification of any cancellation, non-attendance or transfer must be made in writing via email to email@example.com.
7.0 LEARNER AND COURSE SUITABILITY
7.1 It is the learner’s responsibility to ensure that the course is suitable for their requirements. All learners should have read and understood the course outline and met the necessary pre-requisites if applicable. Delegates who do not meet the pre-requisites may be asked to leave by the course trainer. No refund will be offered in these circumstances.
8.0 LEARNERS BEHAVIOUR DURING THE DELIVERY OF TRAINING
8.1 Learners shall act reasonably throughout the training. PROSEC may remove a learner from a course, where, in the opinion of the Trainer, which shall be final, the learner is behaving unreasonably or disruptive.
8.2 If the Delegate or any servant, agent or employee thereof behaviour is deemed to have failed a mandatory part of the Project, that person may be asked to leave the venue in which the Project is being delivered for the remainder of the Project.
8.4 No refunds will be made in circumstances stated above
9.1 Learners will be advised of the start and finish times in the course joining instructions prior to attending the course.
9.2 Prosec reserves the right to refuse admission to any learner that fails to attend the course on time or fails to return from breaks or lunches at the time stated by the trainer.
9.3 No refunds will be made in the circumstances stated above.
10.0 PRE-COURSE STUDY
10.1 Any pre-course study that is required for the learner to complete prior to attending the course will be sent to the learner with their joining instructions.
10.2 All pre-course study must be returned to Prosec before attendance of the course unless it has been authorised by Prosec to be handed to the trainer at the commencement of day 1 of the training.
10.3 Prosec reserve the right to refuse admission to any learner that has not completed the appropriate pre-course learning before attending the training course.
10.4 No refunds will be made in the circumstances stated above.
11.0 DATA PROTECTION
11.1. Prosec warrants to the Client that it will only use the Personal Data for the purpose 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 and that it will destroy or deliver up the Personal Data upon written demand from the Client, and further, that it has in all respects complied with its obligations under the Data Protection Act 2018 and any amendments to or re-enactments thereof.
12.0 WARRANTY AND LIABILITY
12.1 Prosec warrants that in carrying out the Training Services it has and will exercise all reasonable skill and care to be expected of a professional, experienced in such work.
12.2 It is the learner’s responsibility to verify that the courses booked are suitable for their requirements and that they have the relevant level of competence to be able to achieve the objectives of the course.
12.3 It is the learners responsibility to make sure that they meet any medical and fitness requirements to sit the training. It is recommended that advice is taken from a medical professional should a learner have any doubt about their ability to complete the training.
12.3 Prosec accepts no liability for loss or damage.
13.0 INTELLECTUAL PROPERTY
13.1 All intellectual property rights, including copyright, patents and design arising in connection with this agreement shall belong to and remain vested in Prosec and the Client shall execute any document necessary for this purpose.
14.0 HEALTH AND SAFETY
14.1 The parties shall comply with all applicable health and safety legislation and codes of practice.
14.2 Nothing in these terms and conditions shall exclude or restrict the Company’s liability for death or personal injury resulting from its negligence, liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law. Subject to this:
14.3 The Company’s total liability to the Client in contract law or in tort or otherwise howsoever arising in relation to this Contract is limited to the Company’s charges for the Project;
14.4 the Company shall not be liable in any way in respect of any failure, delay or defect in the supply or use of the Project caused by the supply or specification by the Client of unsuitable material or content or by the reproduction of the Project by a third party; and
14.5 The Company will not be liable to the Client for economic loss including loss of profits, business, contracts, revenues, goodwill, production and anticipated savings of any description howsoever caused and even if foreseeable by the Company.
14.6 All warranties, conditions and other terms implied by statute, common law or otherwise are hereby excluded from the Contract to the fullest extent permitted by law
15.0 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 licence (other than as a result of any act or omission of PROSEC) 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.
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