TERMS & CONDITIONS

Technical Training Solutions Standard Trading Terms and Conditions

All contracts for the sale of training courses or services made by Technical Training Solutions Limited (Technical Training Solutions) are deemed to incorporate these Terms and Conditions of Sale which shall prevail over any other document or communication between the parties unless otherwise agreed in writing. The term Training shall include training courses and seminars. The term Service shall include, design work, copy writing, graphic art origination, bespoke course development, maintenance and related reports and presentations. The term Product shall include all Publications Software, Training and Services. The term Customer shall include any individual or organisation that has entered into a contract with Technical Training Solutions for the supply of Products and/or Services. The term Parties shall include both Technical Training Solutions and the Customer.

Acceptance of Orders
Orders must be placed by the issue of a valid purchase order or other written communication properly authorised by the Customer. Technical Training Solutions reserves the right not to accept any Customer order.

Confirmation of Orders
Technical Training Solutions will issue a confirmation of order with details of the exact nature of the product/service to be supplied. Technical Training Solutions will provide Joining Instructions and terms and conditions at this stage.

Duties and Taxes
Any relevant duties or taxes including VAT will be added to the cost of all sales at the prevailing rate.

Payment Terms
Technical Training Solutions' standard payment terms are as follows:

• 100% of Service price is payable within 30 days from the date of issue of the invoice unless by prior agreement between Technical Training Solutions and the Customer.
• Exam fees to third parties (e.g. City & Guilds) will be charged at cost plus a small handling fee.
• Non-account holders (individuals, sole traders and small businesses) must pay a deposit of 50% of the course fee at the time of booking, and the full amount at the commencement of the attendance period of the course.
• Late payment penalties : if any invoice becomes overdue the Customer's full outstanding balance with Technical Training Solutions becomes due and payable. Technical Training Solutions reserves the right to charge interest on overdue invoices at 3% above the base rate in force calculated on a daily basis. Payment shall be deemed to have been received only when the full amount has been credited to Technical Training Solutions' bank account without recourse.

Travel and Subsistence Costs
For UK Mainland Training and Services: Travel and subsistence costs for staff engaged in delivery of Services or Training where it is necessary to work away from Technical Training Solutions' offices within the UK shall be met by Technical Training Solutions.

For Overseas Training and Services: Where training and services are provided outside of the UK Mainland, Technical Training Solutions require the Customer to meet the cost of all air freight costs for equipment, including return and all insurance and shipping. Technical Training Solutions require the Customer to meet the cost of the return air fares and internal transit costs for Technical Training Solutions staff. All staff subsistence costs, whilst overseas, will be met by Technical Training Solutions.

Delivery

• Technical Training Solutions shall endeavour to dispatch its publications by Royal Mail by return of post to individuals, and usually by next day delivery to customers requesting publications with a gross weight exceeding 5kg.
• Technical Training Solutions shall endeavour to provide all training support materials
• Any shortages or damage of Product must be reported to Technical Training Solutions within three working days of receipt.
• The customer shall be obliged to accept the Product when it is presented for delivery by Technical Training Solutions. In the event that the customer is unable to accept delivery at that time any subsequent consequential expenses such as costs of storage or of redelivery shall be borne by the Customer.
• Where delivery of Training is made on a Customer’s premises, all responsibility for logistics rests with the Customer. In the event that the training facilities or any required audio/visual aids are unavailable any subsequent consequential expenses for provision of alternative facilities or audio/visual aids shall be borne by the customer.
• Where any dependencies on Customer staff or materials are indicated in the Plan for a Service engagement, any expense or cost of additional effort required to meet the contracted delivery schedule consequent on failure to satisfy the dependency will be borne by the Customer.
• Carriage, post and packing for deliveries of technical publications is specified on the order forms for the relevant books and on the relevant website page.

Property and Title
Technical Training Solutions own the copyright of its website, course materials and marketing copy unless otherwise assigned by agreement. The copyright of The Electricians Guide to Good Electrical Practice’ and The Electricians Guide to Inspection and Testing is owned jointly by Technical Training Solutions and Unite the Union.

Modification, distribution or use of the material of Technical Training Solutions’ website, training materials and publications for any purpose other than personal use is violation of the intellectual property rights. No part of any training material or publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means without prior written authorisation of Technical Training Solutions.

No property or title to Product shall pass unless and until the full amount of the value of the invoice has been credited to Technical Training Solutions' bank account without recourse. The Customer shall indemnify Technical Training Solutions against any loss or damage to the Product prior to the passing of title therein whilst in the customer's custody. Risk of damage to or loss of Training materials shall pass to the customer at the time of delivery or in the event that the Customer wrongfully fails to take delivery of the Product, at the time when the company has tendered delivery of the Product.

Advertising
Technical Training Solutions may make reference to a Customer's contract within any proposal to further Customers, provided only fundamental facts are divulged and not proprietary and confidential information. Technical Training Solutions may store the names of the Delegates for the purpose of advising them of the availability of further courses in the future.

Data protection
The Customer shall ensure that it has in place all necessary consents in connection with Personal Data to allow Technical Training Solutions at all times to perform the Training Services without infringing any third party rights. Technical Training Solutions shall not be liable to perform the Training Services to the extent it is unable to due to a breach of this Clause.

Technical Training Solutions warrants to the Customer 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 Customer, and further, that it has in all respects complied with its obligations under the Data Protection Act 1998 and any amendments to or re-enactments thereof.

Warranty
Technical Training Solutions warrants that in carrying out the Training Services it has and will exercise all reasonable skill and care to be expected of a professional organisation, experienced in such work.

Health and safety
The parties shall comply with all applicable health and safety legislation and codes of practice. Technical Training Solutions require the Customer to ensure adequate supervision/induction is provided to Technical Training Solutions staff whilst undertaking work on customer’s premises.

Cancellation
Cancellations are accepted with no penalty up to 28 days before commencement of a course. After that but prior to 7 days before the agreed start date, a minimum cancellation fee of 50% of the price is payable to Technical Training Solutions. Cancellations within 7 days of the start of a course renders the fee payable for the full course or course stage as outlined in the agreement and joining instructions, whichever is applicable.

Refunds
In event of Technical Training Solutions being unable to provide training on the date agreed, or there has been a loss in transit of a publication(s), or dissatisfaction with a product or service, and alternative dates are unacceptable, an/or goods replacement is not acceptable, a full refund will be made. If the initial payment was made by cheque, then the refund will be posted promptly. If payment was by BACS, debit or credit card, Technical Training Solutions will credit the account in the same manner.

Guarantee
Technical Training Solutions strives to deliver total satisfaction with its products and services. All customer rights under the current consumer protection laws are not affected.

Liability

• Technical Training Solutions shall not under any circumstances be liable for any indirect or consequential damages however caused.
• Technical Training Solutions' liability in respect of any breach or non-performance of any order shall be limited to the refund of the invoice value to which the claim relates.
• In the event that Technical Training Solutions is prevented from carrying out its obligations under a contract as a result of any cause beyond its reasonable control, such as, but not limited to, Acts of God, War, Strikes, Flood, Terrorism and Failure of third parties to deliver goods, Technical Training Solutions shall be relieved of its obligations and liabilities under such contract of sale for as long as such fulfilment is prevented.

Miscellaneous

• If any provision herein is held to be invalid illegal or unenforceable the validity and enforceability of the remaining provisions shall not in any way be affected or impaired.
• Waiver by Technical Training Solutions of any of the terms herein or the granting of time or indulgence by Technical Training Solutions to the customer shall in no way affect Technical Training Solutions' rights hereunder.
• The headings are for clarification and do not form part of the terms and conditions.
• Any notice or demand to be given hereunder shall be in writing and shall be delivered by hand or by first class post. If posted any notice shall be deemed to have been delivered 48 hours after posting.
• The law of England shall apply to these terms and conditions.

File Ref: Tech Training Terms & Conditions 2012

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