DEFINITIONS

“Booking” means the agreed service which is to be delivered by Foursquare Group Ltd.

“Charges” means the charges for the services performed.

“Client” means the company or delegate identified to benefit from the services performed.

“Clause” means a clause in these terms and conditions.

“Delegate” means the members of the client’s staff or individuals who are to receive the training or other specified service.

“Expenses” means the expenses incurred in respect of travel and accommodation wholly and necessarily for the purposes of the booking.

 “Personal Data” means the data which relates to an individual who can be identified through use of the data. All personal data is stored securely.

“The Trainer” means the individual delivering the training service.

“The Training Location” means the place at which the training services are delivered.

“We/us/our” means Foursquare Group Ltd and any of Associate, Trainer or Third-Party representing the company to fulfil its service.

 

TRAINING TERMS AND CONDITIONS

 

LOCATION

1.1 Up until 48 hours before the training is due to commence, we may, by notice in writing, alter the training location provided.

1.2 Training delivered at a location organised by the client must be suitably equipped and meet all relevant health and safety standards.

 

TRANSFERS AND CANCELLATIONS

2.1 A 24 hour cooling off period will apply to all bookings where the course is 7 days or more from the booking being received, during this time transfers and cancellations are free of charge but must be notified in writing.

2.2 If a Delegate or Client wishes to cancel a booking after the cooling off period, the following fees shall be due:

Days’ notice of cancellation prior to the commencement of the Training Services (day 1 being the day following the request) – % of original fee to pay:

– Less than 7 Days (0-6 days) – 100%

– 7- 14 days – 75%

– 15 – 21 days – 50%

– 22 days and over – 0%

2.3 If a Delegate or Client wishes to transfer from a course on to another course, the following fees shall be due:

Days’ notice of transfer prior to the commencement of the Training Services (day 1 being the day following the request) – % Charges to pay

– Less than 4 Days (0-3 days) – 100% less literature costs

– 4 – 6 days – 100%

– 4 days and over – £50 + vat transfer fee

2.4 A transfer can only be made where the Delegate or Client can confirm the new course they wish to attend, transfers cannot be made if the new course cannot be confirmed immediately and non-attendance will be treated as a course cancellation.

2.5 A substitute delegate may be provided as a name change, this is usually free of charge however any costs incurred by us will be passed on to the Client.

2.6 Notification of any cancellation, name change or transfer must be made in writing to us via email.

2.7 We reserve the right to cancel, alter or rearrange courses without liability and as we deem necessary. In such an event, attendees will be offered alternative courses or a full refund.

 

PAYMENT

3.1 Payments are due 14 days from invoice date, or at least 14 days before the course commencement date (whichever is soonest). Should the client be invoiced within 14 days of the course commencement date, the invoice is due for immediate payment.

3.1.1 In the event of a transfer from one course to another the original course date will still serve as the date for payment as per clause 3.1.

3.2 The Client shall pay the Charges without deduction or set-off.

3.3 All invoices will include VAT which is payable wholly by the client. VAT is chargeable at 20%.

3.4 In the event the Client fails to make payment, we may:

3.4.1 Charge interest at the statutory interest rate specified in the Late Payment of Commercial Debt (interest) Act 1998; and/or at a rate of 8%.

3.4.2 Suspend supply of all services by notice in writing until such time that full payment is received (unless otherwise agreed). This includes providing future training to Clients and Delegates.

3.4.3 Delay the release of all certificates.

3.4.4 In the event we seek legal advice to recover any debt, all legal fees will be chargeable to the client. Should the matter be issued at County Court interest applies at a daily rate of 8% and court issue fees and other court fees will be recoverable and payable.

3.5 Unless otherwise agreed quotations are valid for 21 days and are subject to change after that period.

 

DELEGATES

4.1 Delegates shall act reasonably throughout the training. We may remove a delegate from a course, where, in the opinion of the Trainer, which shall be final, the Delegate is behaving unreasonably. In these instances the invoice will remain fully payable.

4.2 Delegates may not be able to sit the course should they not meet the prerequisites of the course, this includes, but is not limited to, speaking, writing and understanding English, age restrictions and holding the correct certificates.

4.3 Invoices relating to Delegates who are removed from, or unable to sit, the course will still be fully chargeable.

4.4 Resits are available to delegates who do not pass, but achieve the resit mark. A resit fee may be charged and is payable prior to the resit taking place, unless otherwise agreed. Only one resit is allowed per delegate per course.

4.5 Equipment must not be removed from the training environment, any damages by wilful misuse or negligence will be chargeable.

4.6 Delegates should arrive at the training venue before the start of the course; late arrivals are permitted at our discretion. Delegates who arrive late and are not permitted to attend the course will still be required to pay in full.

4.7 Delegates must complete all course paperwork correctly, failure to do so may result in the course not being completed.

4.8 Delegates under the age of 18 at the time of training must bring a letter of consent from a parent / guardian.

 

CERTIFICATION

5.1 Certificates will be issued following the course, when payment has cleared, to the address on file.

5.2 Delivery is free of charge to UK addresses, delivery outside of the UK will incur a £10 + VAT charge. This must be paid before posting.

5.3 Duplicate hard copy certificates must be requested in writing and will be chargeable at a varied rate.

 

GENERAL TERMS AND CONDITIONS

 

LIABILITIES AND LIMITATIONS

5.1 In no event shall we be liable for (whether direct or indirect) any loss financial or otherwise to your business. Including but not limited to loss of contracts, profits, anticipated savings, revenue, goodwill, business loss and corruption of data or software programs, financing expenses, interruption in the use or availability of data, stoppage to other work or consequential losses, nor for any indirect losses.

5.4 Foursquare Group Ltd and the Client shall indemnify each other against damage to tangible property whether personal or real, and death or injury to persons to extent caused by the negligence of the other party provided that:

5.4.1 The other party is immediately notified of any claim and has full power to negotiate and settle any claims.

5.4.2 The total liability of each party to the other for damage to tangible property, whether personal or real, shall be limited to £2,000,000 in respect of each event or connected series of events and an annual aggregate of £5,000,000.

5.5 Each provision of this Clause shall survive independently.

5.6 Nothing in this Agreement shall operate to limit or exclude any liability of 3B Training which may not be excluded and or limited by law.

5.7 Clause 7 shall apply before and after any termination of this Agreement.

5.7 All parties shall carry public liability insurance for a minimum amount of £2,000,000 for each and every claim and shall provide evidence of this cover upon request.

 

ADVERTISING

7.1 We may make reference to a Clients contract within any proposal to further Clients, provided only fundamental facts are divulged and not proprietary and confidential information.

7.2 3B Training may store names and contact details of Delegates and Clients for the purpose of delivering our services.

7.3 No offer or discount can be used in conjunction with another offer or discount, unless agreed in writing.

 

DATA PROTECTION

8.1 The Client shall ensure that it has in place all necessary consents in connection with Personal Data to allow us at all times to perform our services without infringing any third-party rights.

8.2 We warrant to the Client that it will only use the Personal data for the purposes 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. Furthermore, we will destroy the Personal Data upon written demands from the Client where possible, 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.

 

INTELLECTUAL PROPERTY

9.1 All intellectual property rights, including copyright, patents and design arising in connection with our service delivery belong to and remain vested in Foursquare Group Ltd and the Client shall execute any document necessary for this purpose.

 

HEALTH AND SAFETY

10.1 The parties shall comply with all applicable health and safety legislation and codes of practice.

 

FORCE MAJEURE

13.1 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 license 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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