Find Me a Trainer Terms & Conditions
Definitions and interpretation
“Agreement“: these terms and conditions of business (”T&Cs“) and any other document entered into by the parties pertaining to Services;
“Client“: person, firm or company to whom Services are provided;
“Company“: Find Me a Trainer, 17 Brookfield Rise, Whitley, Melksham, Wiltshire. SN12 8QP
“Services“: services to be provided by Company to Client under the Agreement which include public scheduled courses, on-site training courses, consultancy training development.
“Working Day“: every week day apart from Saturday, Sunday, statutory holidays in place where Services are provided;
Use of words ‘includes‘, ‘including‘, or similar expression will be construed as illustrative and without limitation to the generality of related words. No provision of this Agreement shall be construed adversely to a party solely on ground that such party was responsible for preparation of this Agreement.
Terms of payment
Except where otherwise agreed in writing fees for Services shall be due and payable by Client as follows:
(i) where Services relate to provision of training Services fees shall be paid in full on booking.
(ii) where Services relate to provision of consultancy Services 50% of fees shall be paid on booking and balance shall be payable pursuant to milestones agreed between the parties;
(iii) if Services are provided over a period of time Company shall be entitled to invoice Client at regular intervals during that period and fees shall be payable by Client within 30 days of date of such invoice notwithstanding that subsequent Services are not provided or any other alleged default on the part of Company.
Provision of Services
Notwithstanding that Company may have given a detailed quotation for Services, no request for Services shall be binding unless the client has provided a valid purchase order number/payment to Company. Company’s catalogues, brochures, leaflets or other correspondence including information published on Company’s website are not binding and reasonable variations may be made to Services without notice, and Services so varied shall be accepted as complying with Agreement. Company reserves the right to cancel, curtail or re-schedule training courses or events without notice to Client and in such instance, Company’s total aggregate liability to Client shall be limited to refund of 100% of course fees already paid by Client in advance. Company reserves right to refuse Services or provide reduced Services if course participants attending on Client’s behalf fail to satisfy course requirements/prerequisites.
Cancellations
If the Consumer Protection (Distance Selling) Regulations 2002 apply, Client shall have the right to cancel this Agreement without any liability within 14 days of date of Agreement provided that Services have not commenced and are not due to commence in this period. Cancellation and/or re-scheduling fees below shall apply to cancellation or re-scheduling of any course by Client. Company shall issue a supplementary fee invoice or refund to Client for such cancellation and/or re-scheduling fees. Client shall make full payment to Company within 15 Working Days of date of that invoice:
| 15-11 Working Days Before Course Start | 10-6 Working Days before Course Start | 5-0 Working Days Before Course Start | |||
| Cancellation | Re-scheduling | Cancellation | Re-scheduling | Cancellation | Re-scheduling |
| 50% of fees | 25% of fees | 75% of fees | 50% of fees | 100% of fees | 100% of fees |
Client may substitute course participants by written notification to Company subject to new course participants complying with course requirements (including pre-requisites, and pre-course reading) as notified by Company to Client, or as detailed in course outline.
Notices
Notices must be given in writing and must be addressed as below. A notice shall be deemed effectively served as follows:
If sent by email, on the date when confirmation receipt has been personally acknowledged by return email (electronically generated receipts shall not be valid), or if given by post, on the date when the notice has been received and signed for at Company’s registered office (deliveries by post other than recorded delivery shall not be valid). – Notices shall be sent to: 17 Brookfield Rise, Whitley, Melksham, Wiltshire. SN12 8QP
Warranties and representations
Each party warrants and represents that, as at date of this Agreement, it has full capacity and authority to enter into this Agreement. If requested, Company may help Client to choose training or other Services but Company does not provide any warranties that such Services will be fit for Client’s purpose and assessment and selection of Services remains Client’s ultimate responsibility. No statement, description, information, condition or recommendation contained in any Company catalogue, price list, advertisement or communication or made verbally by representatives of Company shall be construed to vary in any way any of the terms of this Agreement. All other warranties (express or implied) are hereby excluded to maximum extent permitted by applicable law.
Modifications and additional terms
Company reserves right to modify these T&Cs without prior notice. When changes are made, Company will post changes on Company’s website. If Client does not accept any changes, Client shall promptly notify Company of such non-acceptance and in such case, the old T&Cs shall govern for the remaining term of Agreement and the new T&Cs shall apply to any new Agreement.
Third party terms: Upon Client’s request and in order to meet Client’s requirements, Company may from time to time book on Client’s behalf courses provided by third parties. In such instances, the third party contractual terms shall govern the booking of those third party courses and in particular, the third party payment and cancellation terms shall prevail over terms of this Agreement with respect to those third party courses. Company will provide to Client a copy of relevant third party contractual terms upon Client’s reasonable request.
Governing law and dispute resolution
The Agreement shall be governed by English Law. Any dispute under this Agreement shall be submitted to the exclusive jurisdiction of English courts