TRAINING AGREEMENT -TERMS AND CONDITIONS
1.1. Agreement – these terms and conditions and the Booking Confirmation.
1.2. Company – Viva Training Academy Limited (company number 11604085) whose registered office is at West House, Kings Cross Road, Halifax, United Kingdom, HX1 1EB.
1.3. Customer – the customer named on the Booking Confirmation or Invoice.
1.4. Syllabus – the Course syllabus appended to this Agreement.
2. Basis of the contract
2.1. The Company agrees to provide a training course as described in the Booking Confirmation or Invoice (“the Course”) and in any Course description contained in any current brochure or other material of the Company from which the Customer made the booking, and the Customer agrees to pay the Course Fee in accordance with the terms of this Agreement.
2.2. These terms and conditions shall apply to the exclusion of all other terms and conditions.
2.3. The Company may assign this Agreement and may employ sub-contractors and 3rd party training providers to carry out any part of its obligations under the Agreement at its sole discretion.
2.4. Any variation of these terms and conditions shall be inapplicable unless agreed in writing by the Company.
2.4.1. Any quotation submitted by the Company shall be subject to these terms and conditions.
From time to time the Company may be required by the certification body to whom they are accredited to change the Course Syllabus and the parties therefore agree that in such circumstances:-
3.1. From time to time and to accord with those requirements the contents of any brochure or other material including pricing details and the content of Courses may be varied by the Company at any time without notice to include deductions and additions to the syllabus.
3.2. To change or substitute any part of the Booking Confirmation or the content of the Syllabus or the Course at any time and will notify the customer in writing of the same. The Company will use its best endeavours to ensure that any alternative arrangements are of at least comparable quality and function.
4. Customer’s Responsibilities
4.1. The Customer is responsible for ensuring that their prior qualifications (where applicable), experience and state of health and fitness are sufficient to allow them to attend the course and subsequent practical placements arranged by the Company. The Customer shall notify the Company in advance and in writing of any conditions which may affect his ability to carry out such activities.
4.2. The Customer shall not behave in any manner which endangers the health of himself, any other attendees and Company personnel. Or cause a nuisance of any kind, and shall adhere to any rules of safety, behaviour, procedure, clothing or other rules and regulations which may be set by the Company from time to time.
4.3. The Customer shall follow any instructions issued by the Company and any of its employees and agents for the purposes of safety or otherwise.
4.4. The Customer shall be responsible for the replacement or repair cost of any equipment or property provided by the Company which is damaged or lost by him or whilst in his possession.
5. Payment Provisions
5.1 The Company reserves the right at any time before the start date of the Course to increase the Course Fee if;-
5.1.1 The costs to the Company of providing any facilities increase due to market forces or any factor beyond the control of the Company;
5.1.2 The Course details are changed at the request of the Customer or by the Company in accordance with clause 3.2;
5.1.3 Such changes, will be notified to the Customer in writing and the customer shall have 7 days from the receipt of such notice to cancel this agreement.
5.2 The Customer shall pay course fees in full as per the due date on the invoice unless other wise agreed.
5.3 The Course Fee includes VAT which shall also be charged at the current rate. It excludes (except where stated on the Booking Confirmation);-
5.3.1 Transport to and from the training venue;
5.3.2 Personal insurance cover whilst gaining on-site work experience
5.3.4 Meals or overnight accommodation;
5.3.5 Any other goods or services not expressly stated on the Booking Confirmation or Invoice.
5.4 If the Customer fails to make any payment within the time specified in this Agreement the Company may take any or all of the following steps;-
5.4.1 Immediately invoice any balance of the Course Fee;
5.4.2 Cancel the Agreement or suspend provision of further goods or services until payment is made in full;
5.4.3 Charge the Customer interest (both before and after any judgement) on the amount unpaid at the rate of 10% per annum above the Bank of England base rate from time to time until payment in full is made.
5.6 The company accepts the following forms of payment;
5.6.2 Bank transfer
5.6.3 Credit or debit card payments are accepted.
6. Complaints Procedure
In the event of a complaint the Customer must write to Mr R Firth explaining the precise nature of the complaint as soon as it is apparent. This will be investigated in accordance with the Companies complaints procedure and a letter of explanation with any suggested remedy if appropriate will be provided at the end of that investigation.
7.1. The Company warrants that it will carry out best endeavours to comply with the Booking Confirmation or Invoice and the recognised Syllabus, subject to the terms of this Agreement.
7.2. The Customer warrants that the details provided on the Booking Confirmation are accurate and that the Customer has not relied on any representations made by or on behalf of the Company.
8. Limitation of Liability
8.1 The Customer accepts that the Company cannot guarantee that they will pass the course and obtain an accreditation and in the event that this occurs they will not be liable.
8.2 Whilst the Company will carry out best endeavours to ensure that the Customer is satisfied with the course arrangements they shall not be responsible for any complaints or dissatisfaction in any goods or services provided in the event that the Customer fails to notify the nominated party in writing as per the Complaints procedure annexed hereto.
8.1. The parties agree that the Company will not be liable for any complaints or dissatisfaction arising from the fault of the Customer or any third party not being an employee, agent or sub-contractor of the Company acting in the course of his engagement.
8.2. The terms of this Agreement represent the whole agreement between the parties and, except where the Customer is dealing as a consumer, all other warranties, conditions, terms, undertakings or representations of any kind, whether express or implied, statutory or otherwise relating to the provision of any goods or services under or in connection with the Agreement including (without limitation) as to the condition, quality, performance, merchantability or fitness for purpose of any goods or the standard of care used in the provision of services are hereby expressly excluded from the Agreement save for the undertakings implied by the Sale of Goods Act 1979 Section 12 in respect of title to any goods. This clause and the other provisions of this Agreement do not affect the statutory rights of the Customer as a consumer.
8.3. The Company shall not be liable under contract, tort (including negligence) or otherwise for any indirect or consequential loss, damage, cost or expense of any kind whatever and however caused.
8.4. The Company shall not be liable for injury caused by the Customer, any third party not being an employee, agent or sub-contractor of the Company acting in the course of his engagement, or factors beyond its control, nor where caused by the Customer’s failure to notify the Company of any health risk in accordance with clause 4.1.
8.5. The Company shall not be liable for loss or damage to the personal belongings of the Customer,
8.6. In all other cases not falling within clause 8 the Company’s total liability (whether in contract, tort including negligence or otherwise) under or in connection with this Agreement or based on any claim for indemnity or contribution shall not exceed twice the Course Fee in aggregate.
9.1. The Company reserves the right to cancel this Agreement with immediate effect if
9.1.1. The Customer defaults in payment of the Deposit, the Course Fee or any other sums due under this Agreement;
9.1.2. The Customer is declared bankrupt;
9.1.3. The Customer behaves in such a fashion as to endanger the life or health of himself or other persons, or in any other respect fails to meet the Customer’s responsibilities under clause 4 above.
9.1.4. In the event that the course is undersubscribed
9.2 In the event of any cancellation pursuant to clause 9.1.1 to 9.1.3 the Customers course fee will be forfeit in full.
9.2.1 In the event that the customer wishes to cancel their course attendance they must do so at least 14 days before the course date, in writing to firstname.lastname@example.org. Upon receipt of any such notice any funds paid by the customer will be refunded within 10 working days less an admin fee of 25% of the course fee.
9.2.2 In the event that the customer cancels their course providing less than 14 days notice of cancellation before the course start then the company reserves the right to charge the customer for any expenses incurred defaulted to 50% of the course fee.
9.2.2 In the event that the customer cancels their course providing less than 7 days notice of cancellation before the course start then the company reserves the right to retain the entire course fee.
9.2.3 Once the course has commenced there will be no refund of deposit or course fee in the event that the customer chooses to leave. The customer’s statutory rights are protected at all times.
9.3 Save under clause 5.1, if the Customer cancels the Agreement at any time he shall pay or forfeit the Deposit and any costs incurred by the Company in excess of the Deposit.
9.4 Termination of this Agreement shall not affect any rights of the parties accrued to them up to the date of termination.
10.1. Neither party shall be liable for any delay in performing or failing to perform any of its obligations under this Agreement due to any act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party.
10.2. The Company retains ownership of copyright and all other intellectual property rights to all material produced in or used for the Course.
10.3. Data Protection – The Company may from time to time contact the Customer with details of courses, which may be of interest to him and may pass his details to other companies within the Company Group. The Customer may object in writing if he does not wish to receive such material.
10.4. All notices to be given under this Agreement shall be in writing and sent or delivered to relevant address in this Agreement or by e-mail to Mr R Firth at email@example.com.
10.5. This Agreement is the complete and exclusive statement of the agreement between the parties relating to the subject matter of the Agreement and supersedes all previous communications, representations and other arrangements, written or oral.
10.6. If any part of this Agreement is found by a court or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from the remainder of this Agreement which will continue to be valid and enforceable to the fullest extent permitted by law.
10.7. This Agreement will be construed in accordance with and governed by the law of England and Wales.