TERMS AND CONDITIONS
These Terms and Conditions of Business relate to Recruitment Solutions Training Ltd.
DEFINITIONS In these conditions:
- The “Provider” means Recruitment Solutions Training Limited, The Yard, Tan Lane, Exeter, EX2 8EG
- The “Client” means the individual, group, firm, company, or organisation with whom the Provider contracts
Any agreement made between the Provider and the Client whether for the sale of goods or for work and materials or services hereinafter called the “Contract” shall only be subject to these terms and conditions.
Any representation or warranty made by or on behalf of the Provider prior to the Contract orally or in writing is hereby expressly excluded and shall be of no effect. No agent of the Provider has any authority to vary or add to these terms and conditions except with the Provider’s confirmation in writing signed by one of its directors and issued from its head office at The Yard, Tan Lane, Exeter, EX2 8EG.
A Provider’s quotation shall be deemed to have been withdrawn unless the Client accepts the quotation within 28 days of the date of issue. If the Provider enters a contract without the client having submitted a written quotation or a standard acknowledgement of order form but in circumstances when the buyer has had prior notice of these conditions, then all the goods and materials supplied, or work done, or services rendered shall be subject to these conditions.
SUITABILITY OF TRAINING The Provider will provide information to the Client relating to the training that it offers and will make endeavours to ensure that any training booked by the Provider is suitable for the candidate. Any information provided by the Provider will be accurate to the best of the Provider’s knowledge, however the Provider cannot guarantee the absolute accuracy of any information offered except that which relates to anything solely controlled by the Provider (e.g., pricing). As such, any information provided by the Provider on which a purchasing decision is or will be made should be verified by the Client with the relevant governing body or authority, where applicable, before a booking is made.
The Client is ultimately responsible for establishing the suitability of any training booked or undertaken. The Provider will accept no responsibility for any loss or damage, financial or otherwise, resulting from any training booked or undertaken that is not suitable for the candidate(s) or that does not result in the desired outcome within the expected timeframe. If it becomes apparent that any training that has been booked, but not yet undertaken, is not suitable for the candidate(s) attending the course, the terms relating to cancellation will apply (see “CANCELLATION AND POSTPONEMENT”, below).
The Provider may, at its absolute discretion, allow the Client to transfer some or all any monies paid as payment towards an alternative training course offered by the Provider.
Information of any kind contained in the Provider’s catalogues, price lists or other advertising literature is not guaranteed to be accurate and is intended merely to represent a general picture of the Provider’s products and services and shall not form part of any contract between the Provider and the Client. The Provider reserves the right to amend the specification of its products and services and the Client is advised to check the specification set out in the Provider’s quotation before placing their order.
BOOKING & CONFIRMATION
In respect of a business customer with an existing account, an enquiry from the client regarding training services will be treated as a confirmed booking when either of the following conditions apply.
- The Client or any agent of the Client, whether with authorisation or otherwise, has expressly stated, either by written or verbal communication(s) that they wish for the Provider to provide training services.
- The Client, or any agent of the Client, whether with authorisation or otherwise, has given the Provider reasonable grounds to believe that they wish for the Provider to provide training services as discussed. This may include, but is not limited to, agreeing to, expressly or otherwise, proposed course dates, course schedules or quotations. In respect of business customers without an account, or where the Client is a private individual, an enquiry will be treated as a confirmed booking when any of the following conditions apply:
- The Client has paid a deposit relating to the course being booked.
- The Client is a business customer and has completed a New Client Details form and satisfied either of the conditions that apply to business customers with an existing account.
CANCELLATION AND POSTPONEMENT
Cancellation and postponements must be advised in writing or email. No agent or servant of the Seller is authorised to accept verbally cancellation or postponement. Where such notice is given by email it is not deemed to have been received until it has been read by an agent or servant of the Provider. Office hours are typically 08:00-17:00 Monday to Friday.
Where notice of cancellation is received fourteen (14) days or less before the commencement of the course, the entire course fee is payable. Where a training course is booked within 72 hours of the start of the course, standard cancellation and postponement terms will apply.
The Client will also ensure that a suitable area(s) is made available for the training. Should training be cancelled or postponed due to failure of the Client to provide access to equipment or ensure a suitable area(s) for training are made available, the full course fee will be chargeable and may not be transferred.
Equipment must be in a serviceable condition, with all necessary checks having been completed as required by any applicable regulation(s) or legislation at the time. The Trainer may reasonably request to see evidence of such checks. Where such evidence cannot be provided, the Trainer reserves the right to deem the equipment unsuitable for use. The Trainer reserves the right to determine in any case whether the equipment is in a serviceable condition irrespective of any checks that have been completed. Where there are any concerns, the Client will be given the opportunity to rectify the issue(s) for the training to continue. If training is delayed as a result, this may incur extra charges as outlined above.
PRICES AND PAYMENT
- Prices charged will be those ruling at the time of course commencement, however, courses paid for in advance will not be surcharged in the event of a price increase. This includes courses where the Client has paid a deposit to secure a booking.
- Course fees do not include any materials used, unless agreed in writing in advance.
- A deposit or full payment is required to make a booking. Unless otherwise agreed in writing with an authorised agent of the Provider. Spaces on a course are not reserved, nor a course confirmed, without a deposit being paid or, in respect of courses that are due to be invoiced, confirmation of the booking from an agent of the Client or an agent of the Provider to the other party.
- Unless mutually agreed, payment in full is due no later than 14 days before commencement of the course or, for business customers with a credit account only, twenty-eight days from the date of course.When courses are spread over a period, each separate part of the course will be regarded as a separate contract but may appear on the same invoice.
- All prices are shown exclusive of Value Added Tax, which will be added at the appropriate rate on invoicing or booking, unless otherwise agreed in writing.
- The company will be entitled to suspend all further supplies if payment terms are not met. This will not in any way prejudice the Provider’s rights under the contract.
- Course schedules and prices are based on free and uninterrupted access to the site and equipment during the entire course and any delays to the work due to any cause outside the Seller’s control may be charged as an invoiced extra.
- Quotations are based on the work being carried out during normal working hours unless otherwise stated. Normal working hours are defined as 08:00-17:00, Monday to Saturday.
- Trainees on practical courses must provide their own safety clothing and equipment unless otherwise agreed in advance and in writing.
DATE FOR COMPLETION
The dates for training or the date for completion of training shall be extended by a reasonable time, at the sole discretion of the Provider if performance of the contract is delayed by reason of any cause whatsoever beyond the Provider’s reasonable control, including but not limited to war, civil commotion strikes, lockouts, labour disputes, epidemics, illness, manning level changes, fire, accidents, breakdown, defective materials, lack of supplied raw materials of components and non-delivery or late delivery by manufacturer.
TERMS FOR CANCELLATION BY THE SELLER
- If the Client fails to make any payment when it becomes due or shall commit any other breach of contract and fail to remedy the same within 7 days of receiving the seller’s request in writing so to do or the Provider has reasonable doubts about the Client’s solvency, the Provider may defer or cancel any further performance of the contract but without prejudice to its right to any unpaid price for goods or materials delivered or cost of work done in performance of the Contract and to damages for loss suffered in consequence of such determination.
- If the Provider is prevented from completing the Contract either wholly or in part in accordance with the terms thereof for any reason whatsoever beyond its reasonable control then further performance of the contract shall be suspended for the period during which the Seller is so prevented, provided that if the contract is suspended for a continuous period of more than three months then either party may give the other written notice to terminate the contract forthwith and then the Buyer shall pay for all goods and materials supplied and work completed before termination such payment to be made on or before the last day of the month following the month during which termination was effected. The Provider will be under no liability whatsoever to the Client for any direct or consequential loss or damage suffered by the Client because of the Provider’s inability to perform its obligations under the contract in these circumstances.
- The Provider reserves the right to cancel or postpone any planned training course, at any time up to and including commencement of the course, at its sole discretion. If the decision to cancel or postpone a course is taken by The Provider any deposit or other monies paid to The Client will be refunded, unless such cancellation is for any reason outside of The Provider’s reasonable control (e.g., extreme weather conditions, sickness, vehicle breakdown etc.). In this instance, where possible, the Provider will offer an alternative course for the same date, and/or shall arrange a mutually suitable alternative date at no additional cost to the Client. The Provider will be under no liability whatsoever to The Client for any direct or consequential loss or damage suffered by The Client because of The Provider’s decision to cancel a training course(s).
1. In House Training (Clients Premises)
The Client shall indemnify the Providers against all costs and claims whatsoever arising from damage or injury to any person/s or any property on the Client’s premises unless such damage or injury shall be proved conclusively to have been caused solely by the proven negligence of the Provider, or its agents.
The Provider shall not be liable in any way whatsoever for any claim for direct or indirect consequential injury or damage whatsoever made by the Client, or any third party whether such injury or damage is caused directly or indirectly, wholly or in part by the negligence of the Provider, i, or its agents.
2. Training at the Provider Premises
- The Client will always have in force a Public Liability Insurance Policy, satisfactory to the Provider, duly endorsed to give indemnity to the Seller in a sum of not less than £5M in respect of any occurrence or series of occurrences arising out of one event.
- All other conditions and warranties whatsoever express or implied are hereby excluded.
3. It is expressly agreed that the Provider has no control over trainees’ actions during training or at any time after training has been completed, any damage, loss, injury, or death howsoever caused by the trainee because of the training or of the trainee failing to follow correct actions of the training is the responsibility of the trainee, the buyer, or the employer of the trainee.
The Client and the trainee agree to indemnify the Provider against claims and costs associated with claims.
Where the Provider’s equipment is used on the Client’s premises the Client shall be responsible for any loss or damage to all or any part of the equipment unless such loss or damage is proved conclusively to have been caused solely by the Seller, its servants, or agents.
The Provider reserves the right to correct any clerical or typographical errors made by its agents at any time without warning.
HEALTH AND SAFETY AT WORK ACT 1974
The attention of the Client is drawn to the provisions of legislation and statutory regulations relating to health and safety at work. The Provider will make available on request a copy of the Health & Safety Policy.
SELLING TO A THIRD PARTY
Selling of our training services or materials by the Client to a third party is strictly prohibited, except with the explicit written consent of the Provider.
These conditions and each contract made pursuant thereto shall be governed by and construed in all respects in accordance with the laws of England and Wales and in any dispute arising hereunder shall be tried by the courts thereof.
All drawings, technical documents, course materials, commercial and financial information made known in any way to the Client by the Provider shall remain confidential and shall not be disclosed to third parties by the Client under any circumstances except where specific prior agreement is given in writing by a director of the Provider.