Standard Terms and Conditions for the Supply of Services
This document (together with the documents referred to on it) outlines the Terms and Conditions on which we supply any of the Courses and Services as defined below (including trainer packs and other associated training materials) and as listed on our website www.octracconsulting.co.uk (“the Website”) to you.
Please ensure that you read these Terms and Conditions carefully before ordering any Courses or Services from us. By booking or ordering any of our Courses or Services, you agree to be bound by these Terms and Conditions. These Terms and Conditions are incorporated into the Contract between us for the provision of Courses or Services.
Throughout this document, the following words shall have the following meanings:
“Consumer” means a natural person who is acting for purposes which are outside his business;
“Contract” means these Terms and Conditions together with the terms of any applicable Customer Agreement;
“Courses” means courses supplied by the Supplier, together with relevant Course Materials (where applicable) as more particularly described on the Website (including our subsidiaries and ‘sister’ websites);
“Course Materials” means the supporting materials and documentation supplied with the Courses (where applicable);
“Customer” means the organisation or person who purchases services from the Supplier;
“Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world;
“Services” mean the services to be provided by the Supplier to the Customer in connection with the Courses, as more particularly described on the Website;
“Customer Agreement” means a statement of work, order confirmation, booking confirmation or other similar document describing the Services to be provided by the Supplier.
2. About Octrac Consulting
The “Supplier” means Octrac Consulting trading as Octrac Consulting, a company registered in England and Wales under company number (11650684), registered address: 25 Sackville Street, London W1S3AX.
3.1 These Terms and Conditions shall apply to all contracts for the supply of Courses and/or Services by the Supplier to the Customer.
3.2 Before the commencement of the Courses or Services, the Supplier shall submit to the Customer a Customer Agreement and/or description of the Courses (as appropriate) which shall specify the Courses, Course Materials (where applicable) and/or Services to be performed or supplied and the fees payable. The Customer shall notify the Supplier immediately if the Customer does not agree with the contents of the Customer Agreement or description of the Courses. All Customer Agreements or Course descriptions are subject to these Terms and Conditions.
3.3 Subject to clause 8, the Supplier shall use all reasonable endeavours to complete the Services or deliver the Courses within estimated time frames, but time shall not be of the essence in the performance of any Services and/or delivery of the Courses.
3.4 The Supplier may, in addition to its own employees, engage sub-contractors to provide all or part of the Courses/Services being provided to the Customer and such engagement shall not relieve the Supplier of its obligations under the Contract.
4. Your status
4.1 By placing an order or booking for Services with the Supplier by any means (including by email, telephone, letter, fax, e-signature agreement, or via the Supplier’s Website), the Customer warrants that:
4.1.1 they are legally capable of entering into binding contracts; 4.1.2 they are at least 18 years old.
5. The contract
5.1 After placing an order or booking for Services with the Supplier by any means (including by email, telephone, letter, fax or via the Supplier’s Website), the Customer will receive an e-mail from the Supplier acknowledging that the Supplier has received the Customer’s order. Please note that this does not mean that the Customer’s order has been accepted. The Customer’s order constitutes an offer to the Supplier to provide the Courses/Services. All orders are subject to acceptance by the Supplier and the Supplier will confirm such acceptance to the Customer by sending the Customer a Customer Agreement specifying the Services to be performed by the Supplier or the description of the Courses, together with the fees payable for those Courses/Services together with a set of these Terms and Conditions. The Contract between the Supplier and the Customer (“the Contract”) will only be formed when the Supplier receives the Customer Agreement or the description of the Courses. If the Customer does not agree with the contents of the Customer Agreement or written description of the Courses, they shall notify the Supplier immediately (and in any event within two (2) days of the date of the Customer Agreement or description of the Courses) by any means (including by email, telephone, letter, fax or via the Supplier’s Website). The Supplier will correct any errors in the Customer Agreement and/or description of the Courses and will email the amended Customer Agreement and/or description of the Courses to the Customer to confirm agreement with its contents.
6. Consumer rights
6.1 If the Customer is contracting as a consumer, they may cancel a Contract at any time within 14 days, beginning on the day after the day that the Supplier sends the Customer the Customer Agreement or description of Courses or in the case of Course Materials, 14 days after the Customer receives them. In both cases, the Customer will receive a full refund of the price paid for the Services and or Courses in accordance with the Supplier’s cancellation policy (set out in clause 11). However, if the performance of the Services or provision of the Courses is completed within the 14 days after the day that the Supplier confirms the contents of the Customer Agreement and description of the Courses, then the Customer’s right to cancel will end on the date of completion of the Services and/or Courses.
6.2 To cancel a Contract, the Customer must inform the Supplier in writing. The Customer must also return any Course Materials to the Supplier as soon as reasonably practicable and at the Customer’s own cost. The Customer has a legal obligation to take reasonable care of any Course Materials while in their possession. If the Customer fails to comply with this obligation, the Supplier may have a right of action against them for compensation. In addition, any cancellation by the Customer shall entitle the Supplier to de-activate any log-in or password details provided by the Supplier to the Customer for accessing Courses.
6.3 Clause 6 does not affect your other statutory rights as a consumer.
7. Availability and delivery
7.1 All quotations are valid for a maximum period of 28 days from offer.
7.2 The Customer’s order will be fulfilled by the Supplier when the Supplier either:
7.2.1 provides the Services and/or Courses in accordance with the Customer Service Agreement and/or description of the Courses; or
7.2.2 delivers the Course Materials
7.3 All single unit Courses must be completed within 6 weeks of issue of the course materials and all multiple-unit Courses must be completed within 3 months of issue of the course materials.
7.4 Customer’s need to return their assignments in accordance with these timescales or any other timescales as agreed. Late submissions will result in an additional administration fee and or/cancellation of the Course.
7.5 All qualifications and/or courses are valid for a maximum period of 1 year from the certification date unless otherwise stated.
8. Fees and payment
8.1 The fees for the performance of the Services and/or Courses are as set out in the Customer Agreement and/or description of the Courses. Subject to clause 6, once the Customer has confirmed their agreement with the Customer Agreement and/or description of the Courses in accordance with clause 5.1, the Customer will be liable for the whole fee unless the Supplier receives written notification of cancellation in accordance with clause 6. Payment is accepted by bank transfer or by debit/credit card using a payment processing company (this can also be done over the phone). Payment and card details are never stored. Where payment is made by cheque, the Courses or Services will not be delivered until the cheque has cleared.
8.2 Invoiced amounts shall be due upon receipt of invoice unless otherwise agreed. The Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate outlined by statute, plus the statutory allowable compensation using a Late Payment Demand. In addition, any invoice that is not paid within our payment terms will incur a £50 + vat administration charge. Invoices are electronically sent upon this signed agreement being received.
8.3 In the event that the Customer’s procedures require that an invoice be submitted against a purchase order to payment, the Customer shall be responsible for issuing such purchase order before the Services are performed by the Supplier and/or Courses provided and/or Course Materials delivered.
8.4 Subject to clause 6, should the Contract be cancelled prior to the Services commencing and/or Courses being provided and/or Course Materials being delivered, a fee of 100% of the invoice amount will be payable by the Customer to the Supplier to cover costs. The Customer agrees this is a genuine pre-estimate of the Supplier’s losses in such a case.
8.5 For all courses, the fee is payable prior to the delivery of the Course Materials or Courses as set out in the Customer Agreement
8.6 It is the responsibility of the Customer to arrange a suitable training venue. It is also the responsibility of the Customer to inform their staff/delegates about the venue and course times. Octrac Consulting reserves the right to cancel the course at any time in the event of any unforeseen circumstances. If a course is cancelled, the full course fees paid will be refunded or the customer will be offered a transfer to another date. We accept no responsibility for any losses resulting from a course cancellation.
9. Customer obligations
9.1 To enable the Supplier to perform its obligations under the Contract, the Customer shall:
9.1.1 co-operate with the Supplier;
9.1.2 provide the Supplier with any information reasonably required by the Supplier;
9.1.3 obtain all necessary permissions and consents which may be required before the commencement of the Services and/or provision of the Courses; and
9.1.4 comply with such requirements as may be set out in the Customer Agreement or description of the Courses, or otherwise agreed between the parties.
9.2 The Customer shall be liable to compensate the Supplier for any expenses incurred by the Supplier because of the Customer’s failure to comply with Clause
9.3 Subject to clause 6 and to clause 16, should the Customer unlawfully terminate or cancel the Services as set out in the Customer Agreement and/or description of Courses, the Customer shall be required to reimburse the Supplier for all third-party costs incurred by the Supplier in anticipation of performance of the Services and/or Courses under the Contract.
9.4 For the avoidance of doubt, the Customer’s failure to comply with any obligations under Clause 9.1 shall be deemed to be a cancellation of the Services as set out in the Customer Agreement and/or Course description and subject to the payments as set out in this contract.
9.5 In the event that the Customer or any third party, not being a sub-contractor of the Supplier, shall omit or commit anything which prevents or delays the Supplier from undertaking or complying with any of its obligations under these Terms and Conditions, then the Supplier shall notify the Customer as soon as possible and:
9.5.1 the Supplier shall have no liability in respect of any delay to the completion of any Services; 9.5.2 if applicable, the timetable for the Services will be modified accordingly;
9.5.3 the Supplier shall notify the Customer at the same time if it intends to charge the Customer additional costs.
9.6 The Customer must provide suitable and sufficient training facilities, large enough to accommodate all candidates, and the Course being undertaken (please note that suitable floor space is required for some courses); provide adequate comfortable seating and provision for written work, along with electrical power points and table for the trainer; provide suitable parking provision where possible for the trainer allowing for unloading of equipment. The Supplier reserves the right to cancel the course if the training facilities are found to be inadequate at full cost to the customer.
9.7 Before purchasing a Courses, Trainer Pack(s) or Services, you are agreeing that the order is suitable for your requirements and that you or a person you are purchasing the Trainer Pack(s) for does have the relevant trainer skills evidence requirements to provide training. Please contact a member of our centre support team to assist with the trainer skills evidence requirements. Once payment has been made, we accept no liability if you discover the order is not suitable for your requirements and then a refund is not entitled.
9.8 Octrac Consulting ensure that all trainers and training materials are of good quality. To that end, our trainers will:
- They arrive at the course venue no later than 30 minutes before the registration time for the course.
- Check all equipment necessary for delivery of the course is working.
- Where necessary ensure the hoists and other equipment are put on charge.
- Training materials are prepared and available.
- Greet all delegates.
- Ensure that the training course commences on time.
- Prioritise the safety of delegates always.
- Adhere to Octrac Consulting Equality and Diversity Policy.
- Ensure that all delegates are aware of Octrac Consulting Complaints Procedure
- Ensure all delegates are aware of the Octrac Consulting’s Customer Service Procedure.
- Deliver the training courses in line with approved manuals and does not vary due to own personal preferences.
- Ensure that the delivery of all practical elements of the training areas required in (company name)’s trainer manuals and only in the safe practices to which Octrac Consulting adheres to.
- Ensure that break times as indicated in the training course programme are adhered to.
- Ensure that all assessment forms are completed and retained.
- Ensure that course evaluation forms are completed and retained.
9.9 On completion of the course, the trainer will either retain the assessment forms and course evaluation forms. If you require copies of these assessments, please liaise with us via email at [email protected] and this will to you via email.
10. Refunds/return policy
10.1 If the Customer is contracting as a Consumer and cancels the Contract with the Supplier within the seven-day cooling-off period (see clause 6.1 above), the Supplier will process the refund due to the Customer as soon as possible and, in any case, within 14 days of the day on which the Customer gave the Supplier notice of cancellation. In this case, the Supplier will refund the price of the Services and/or Courses (including Course Materials) in full and any applicable delivery charges. However, the Customer will be responsible for the cost of returning Course Materials to the Supplier.
10.2 The Supplier aims to provide a straightforward service to Customers. If the Customer considers that the performance of the Supplier’s Services and/or Courses has been unsatisfactory or if any difficulty has arisen in the Supplier/Customer business relationship, the Customer should contact the Supplier immediately.
10.3 The Supplier shall review the situation and endeavour to resolve it to the Customer’s satisfaction. If the Supplier finds that the Services and/or Courses provided to the Customer have been unsatisfactory, the Supplier shall notify the Customer and shall refund all monies paid by the Customer to the Supplier within days of that notification.
10.4 Our Trainer Packs are non-refundable as once purchased they are sent electronically to the email address supplied. Before purchasing a Trainer Pack(s) you are agreeing that the order is suitable for your requirements and that you or a person you are purchasing the Trainer Pack(s) for does have the relevant trainer skills required to deliver the training courses. Once payment has been made we accept no liability if you discover the order is not suitable for your requirements and a refund is not entitled.
10.5 Trainer packs and training materials are produced by qualified and highly experienced healthcare and social care professionals. Our trainer packs are fully copyrighted and making copies and/or using them without our permission is an infringement of our copyright and is strictly prohibited and not authorised by Octrac Consulting. The trainer packs are primarily designed to meet healthcare and social care legislative and regulatory requirements in England. If you are intending to use the training packs in Scotland, Wales, Northern Ireland, the Republic of Ireland, etc. you need to be aware that you will need to adapt the materials to meet the relevant terminology, regulations and legislation of that country.
10.6 When purchasing our ‘train the trainer packs’ with the purposes of being certificated to deliver training, you are agreeing that you have had your trainer/presentation skills assessed by either an accredited body or lead industry body. Octrac Consulting will not access any responsibility or liability relating to the quality or suitability of your training delivery.
10.7 Where a person or organisation has purchased train the trainer pack(s) via our online payment method, notification of payment will be emailed directly to Octrac Consulting. Once we receive notification of payment for the train the trainer pack(s) a confirmation email with a paid VAT receipt will be sent along with the secure link(s) to access learning materials and trainer resources within 24 working hours.
10.8 Where a person or organisation is unable to use our online payment method, they can order our trainer packs by requesting an invoice direct from Octrac Consulting, where a confirmation email be sent. Train the trainer courses and/or trainer packs and certificates will only be issued after full payment has been received. Once we receive payment for the train the trainer courses/trainer pack(s), a confirmation email with a paid VAT receipt will be sent along with the secure link(s) to access your courses/trainer materials within 24 working hours.
10.9 Hard copies of trainer certificates are delivered to the UK & Ireland by Recorded Delivery within 2 weeks of completing the training. This includes Wales, the Channel Islands, Northern Ireland, The Isle of Man and the Scottish Highlands & Islands. Due to distance and transport please allow extra time for delivery to these areas. Please ensure that the delivery address provided is correct. If the delivery address is different from the address provided when the order was placed, we require an immediate email sent to [email protected] with the order number and the address you require the order to go to. We accept no responsibility for an item lost in post if the delivery address provided is incorrect.
11. Cancellation policy
11.1. Subject to clause 6, the following cancellation provisions shall apply; once the Supplier receives confirmation from the Customer that they wish to proceed with the order as per the Supplier’s Customer Agreement and/or Course description, the Customer shall be liable for the whole fee unless the Customer provides the Supplier with written notification of cancellation in accordance with clause 6.
11.2 No refund will be made for non-attendance on any Course or if the course is unable to proceed due to a fault of the Customer.
11.3 No refund will be made once the course has started, except in exceptional circumstances and then only at our discretion.
11.4 In the event of a cancellation of a Course by the Supplier, the Supplier will use reasonable endeavours to inform all Customers as soon as possible of the cancellation, where it is practicable to do so. All Course fees paid will be reimbursed in full, but the Supplier is not obliged to reimburse any other costs which have been incurred by the Customer.
11.5 All courses will be cancelled by the Supplier with immediate effect if the payment terms (as outlined) are not complied with. If the supplier cancels a course in line with this clause then the Supplier is not obliged to reimburse any other costs which have been incurred by the Customer.
11.6 Replacing, substituting, name changing a delegate with another may be made at any stage at no extra cost (unless where the Customer has already logged into the course or course materials). We do require this in writing via email to [email protected] prior to the course start date/before the online learning materials are accessed. Once we receive written confirmation of any changes made this will become effective immediately. On some occasions, due to unforeseen circumstances beyond our control, changes to course delivery such as times, trainer and course content need to be made and we reserve the right to make any changes required.
11.7 Octrac Consulting has strict rules regarding the code of conduct on the delivery of our courses. It is expected that all attendees on our courses behave in a manner that is acceptable to both Octrac Consulting course trainer/assessor and to all other course attendees. Unacceptable behaviour, disruption to course delivery and discrimination towards others of any kind is not tolerated and will result in the delegates immediate removal from the course and the person or persons being prohibited from any future services/products provided by Octrac Consulting.
12. Alterations to customer agreement
12.1 The parties may mutually agree to alter the scope of the Services as set out on the Customer Agreement. The alterations agreed between the parties shall be set out in a new Customer Agreement.
12.2 The Customer may make a request to the Supplier to alter the scope of the Services as set out in the Customer Agreement by giving [21 days] written notice to the Supplier prior to the date that the Services are to be performed by the Supplier. On receipt of the written request from the Customer, the Supplier shall, within 5 working days or such other period as may be agreed between the parties, advise the Customer in writing of any changes to the amount of fees payable by the Customer because of the alterations.
12.3 The Supplier may propose alterations to the scope of the Services as set out in the Customer Agreement by giving [1 day] written notice to the Customer prior to the date that the Services are to be performed by the Supplier. The Customer shall, within 5 working days of receipt of such notice, or such other period as may be agreed between the parties, advise the Supplier in writing as to whether they wish to proceed with the Contract based on the alterations.
12.4 Should the Customer wish to proceed with the Contract based on the alterations as set out in clause 12.2, the Supplier shall generate a new Customer Agreement to reflect the alterations as agreed by the Customer and send the new Customer Agreement to the Customer and the Supplier shall perform the Services in accordance with the new Customer Agreement.
13.1 The Supplier warrants that the Services performed under the Contract shall be performed using reasonable skill and care.
13.2 Without prejudice to clause 13.1, and except as expressly stated in these Terms and Conditions, all warranties, whether express or implied by operation of law or otherwise, are hereby excluded in relation to the Services to be provided by the Supplier.
14.1 The Customer shall indemnify the Supplier against all claims, costs and expenses that the Supplier may incur and which arise, directly or indirectly, from the Customer’s breach of any of its obligations under the Contract, including any claims brought against the Supplier alleging that any Services provided by the Supplier in accordance with the Customer Agreement infringes any third party Intellectual Property Rights.
15. Liability limitation
15.1 Subject to clause 15.3, if the Supplier fails to comply with these Terms and Conditions, the Supplier shall only be liable to the Customer for the price of the Services and/or Courses paid by the Customer and, subject to clause 15.3, any losses that the Customer suffers as a result of the Supplier’s failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
15.2 Subject to clause 15.3, the Supplier will not be liable for losses that result from a failure to comply with these Terms and Conditions that fall into the following categories:
loss of income, revenue or applicable salaries; loss of business; loss of profits; loss of anticipated savings; loss of data; waste of management or office time; or loss of a customer’s out of pocket expenses.
15.3 Nothing in this Contract excludes or limits our liability for:
15.3.1 death or personal injury caused by our negligence;
15.3.2 fraud or fraudulent misrepresentation;
15.3.3 any breach of the obligations implied by section 12 of the Sale of Goods and Services Act 1982;
15.3.4 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
16.1 Either party may terminate the Contract forthwith by notice in writing to the other if:
16.1.1 the other party commits a material breach of the Contract and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so; 16.1.2 the other party commits a material breach of the Contract which cannot be remedied under any circumstances;
16.2 Without prejudice to any other rights or remedies to which the parties may be entitled, either party may terminate the contract without liability to the other if:
16.2.1 an order is made, or a resolution is passed for the winding up of the other party; an order is made for the appointment of an administrator to manage the affairs, business and property of the other party, or documents are filed with a court of competent jurisdiction for the appointment of an administrator of the other party, or notice of intention to appoint an administrator is given by the other party or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986); a receiver is appointed of any of the other party’s assets or undertaking, or if circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of the other party, or if any other person takes possession of or sells the other party’s assets; or the other party makes any arrangement or composition with its creditors, or makes an application to a court of competent jurisdiction for the protection of its creditors in any way, or becomes bankrupt; or
16.2.2 the other party ceases, or threatens to cease, to trade; or
16.2.3 the other party takes or suffers any similar or analogous action in any jurisdiction in consequence of debt.
17. Intellectual property rights
All our train the trainer courses and trainer packs and training materials are fully copyrighted. Making copies and using our them without our permission is an infringement of our copyright and is strictly prohibited.
17.1 Any Intellectual Property Rights produced from or arising as a result of the performance of the Contract/Services (including the Courses and Course Materials) shall, so far as not already vested, become the absolute property of the Supplier, and the Customer shall do all that is reasonable to ensure that such rights vest in the Supplier by the execution of appropriate instruments or the making of agreements with third parties.
17.2 Our courses are carefully structured and based on up to date research and best practice and are tailored to be context and environment specific to meet the needs of delegates and the training objectives of the customer organisation. The copyright of all course materials including Course Notes, Exercise Sheets, Visual Teaching Aids and PowerPoint presentations remains always the property of Octrac Consulting. All teaching and delegate material produced for use within our courses will be supplied by Octrac Consulting unless otherwise agreed. If course notes are printed by the customer organisation, the copyright remains that of Octrac Consulting and the author. Supporting course notes and material for delegates is supplied for use as a personal reference and revision aid. They must not be used for commercial training purposes or reproduced for wider distribution within the organisation or externally without the explicit agreement of Octrac Consulting.
17.3 The Customer shall have no rights in connection with these Services and/or Courses and/or Course Materials unless set out in these Terms and Conditions.
17.4 The entire contents of the Website are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Octrac Consulting. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software. You may print and download portions of the material from the different areas of the Website solely for your own non-commercial use if you agree not to change or delete any copyright or proprietary notices from the materials.
17.5 Publications, products, content or services referenced herein or on the Website are the exclusive trademarks or service marks of Octrac Consulting. Other product and company names mentioned in the Website may be the trademarks of their respective owners.
18.1 The Supplier respects everyone’s right to personal privacy. We collect contact information through our opt-in newsletter registration and other course or qualification registration systems. We do not sell or give away contact information to any other organisation. This site contains links to other websites. Octrac Consulting is not responsible for the privacy practices or the content of external websites.
18.2 Your details are safe with us. We are a Data Protection Registered Company with the Information Commissioner’s Office (ICO). Information is collected lawfully and in accordance with the Data Protection Act 1998 and the new GDPR guidelines. The type of personal information we collect is company details, such as address, email and telephone number. We do not share, sell or distribute information to third parties and we will never do so.
19.3 We use the information to help us understand more about how our website is used and to improve our services.
20. Force majeure
20.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, adverse weather conditions, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events. If the force majeure event continues for a period of longer than three (3) months, then either party shall be entitled to terminate the Contract without liability to the other.
21. No partnership or agency
21.1 Nothing in the Contract is intended to or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
22.1 The Customer shall not be entitled to assign its rights or obligations or delegate its duties under the Contract without the prior written consent of the Supplier.
22.2 The Supplier may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
23.1 If any provision of the Contract is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed, and the remainder of the provisions herein shall continue in full force and effect as if the Contract had been agreed with the invalid illegal unenforceable provision eliminated.
24.1 The failure by either party to enforce at any time or for any period any one or more of the Contract herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of the Contract.
25.1 Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Customer Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved to be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
26. Entire agreement
26.1 These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between the parties relating to the subject matter and supersedes any previous discussions, correspondence, negotiations, agreements, previous arrangements, understanding or proposals, oral or written. Nothing in this Contract shall limit or exclude liability for fraud or fraudulent misrepresentation.
27.1 The Supplier has the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting the Supplier’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
27.2 The Customer shall be subject to the policies and Terms and Conditions in force at the time that they order Services and/or Courses from the Supplier, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by the Customer), or if the Supplier notifies the Customer of the change to those policies or these Terms and Conditions before the Supplier sends the Customer the Customer Agreement/Course description (in which case the Supplier has the right to assume that the Customer has accepted the change to the Terms and Conditions, unless the Customer notifies the Supplier to the contrary within seven (7) working days of receipt by the Customer of the Customer Agreement).
28. No third parties
28.1 Nothing in these Terms & Conditions shall confer on any third party the right to enforce any provision of these Terms & Conditions.
Governing law and jurisdiction
28.2 These Terms and Conditions shall be governed by and constructed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
28.3 To be read in conjunction with these terms and conditions are the following policies:
- Appeals Policy
- Complaints Policy
- Data Protection Policy
- Equal Opportunities Policy
- Health and Safety Policy