TRAINING SERVICES AND LOCATION
1.1 Training shall provide Training Services in accordance with these terms and conditions.
1.2 Up until the day before the Training Service is due to commence, SHEQ Services Ltd may, by notice in writing or telephone, alter the Training Location provided that the new location is a suitable alternative.
1.3 Up until the day before the Training Service is due to commence, SHEQ Services Ltd may, by notice in writing or telephone, alter the Training delivery method in line with the requirements of the accreditation body from face to face to remote provided that there is a significant reason. i.e. tutor changes due to matters out of our control i.e. illness, bereavement, facility issue with proposed location, epidemic or pandemic.
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 as per 2.6.
2.2 If a Delegate or Client wishes to cancel a booking after the cooling-off period, the following fees shall be due:
• Less than 1 week prior to course – 100% of course fee payable
• Up to 1 week prior to the course – 50% of course fee payable
• Up to 2 weeks prior to the course – 25% of course fee payable
• Up to 3 weeks prior to the course – 10% of course fee payable
• 3 weeks and beyond – 0% of course fee payable
If your booking is for 2+ delegates, the following applies:
• Less than 1 week prior to course – 100% of course fee payable
• Up to 1 week prior to the course – 100% of course fee payable
• Up to 2 weeks prior to the course – 50% of course fee payable
• Up to 3 weeks prior to the course – 25% of course fee payable
• 3 weeks and beyond – 0% of course fee payable
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 is to be confirmed.
2.5 SHEQ Services Ltd reserve the right to cancel, alter or rearrange courses without liability and as they deem necessary. In such an event, attendees will be offered alternative courses. A full refund will be offered if SHEQ Services Ltd fail to offer a suitable alternative, except in accordance with 1.2.
2.6 Notification of any cancellation, name change or transfer must be made in writing to SHEQ Services Ltd via email.
CHARGES AND PAYMENT
3.1 The Charges for the Training Services which are subject to the booking process shall be due upon booking (unless otherwise agreed).
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 Sums due under this Agreement are exclusive of VAT which shall be payable by the Client. VAT is chargeable at 20%.
3.4 In the event the Client fails to make payment in accordance with this Agreement, SHEQ Services Ltd Training 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 the Training Services by notice in writing until such time that full payment is received (unless otherwise agreed).
3.4.3 Delay the release of certificates.
3.4.4 The Delegate may not be able to attend the course.
3.4.5 In the event SHEQ Services Ltd 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 14 days and are subject to change after that period.
DELEGATES
4.1 Delegates shall act reasonably throughout the training. SHEQ Services Ltd 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, on CITB examinations. 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 the discretion of SHEQ Services Ltd and/or the Trainer. 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. SHEQ Services Ltd will contact delegates to correct/complete paperwork once only.
4.8 Certificates will be issued following the course, when payment has cleared, to the address on file.
4.9 Delivery is free of charge to UK addresses, delivery outside of the UK will incur an additional charge.
4.10 The certificate belongs to the delegate and should not be withheld by the Client or third part booking agent.
4.11 Duplicate hard copy certificates must be requested in writing and will be chargeable.
4.12 PDF copies are available on request, and will be emailed to the client.
4.13 Delegates under the age of 18 at the time of training must bring a letter of consent from a parent / guardian and a young person’s risk assessment completed by the client.
LIABILITY AND ITS EXCLUSION AND LIMITATION
5.1 The Charges are determined on the basis of the limits and liability set out in these terms and conditions. The Client may, by written notice to SHEQ Services Ltd, request SHEQ Services Ltd to propose a higher limit of liability subject to an increase in the charge.
5.2 In no event shall SHEQ Services Ltd be liable for (whether direct or indirect) any 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.
5.3 Subject to Clause 4.6, SHEQ Services Ltd liability shall not exceed charges.
5.4 SHEQ Services 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 SHEQ Services Ltd will hold all necessary insurances to fulfil the requirements of the training, including Public Liability, Products Liability, Employer’s Liability and Professional Indemnity.
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 SHEQ Services Ltd which may not be excluded and or limited by law.
5.7 Clause 7 shall apply before and after any termination of this Agreement.
INSURANCE
6.1 In the case of In-House Training, the parties shall carry public liability insurance for a minimum amount of £5,000,000 for each and every claim and shall provide evidence of this cover upon request.
ADVERTISING
7.1 SHEQ Services Ltd 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 SHEQ Services Ltd may store the names of the Delegates for the purpose of delivering the service and advising them of the availability of courses in the future.
DATA PROTECTION
8.1 The Client shall ensure that it has in place all necessary consents in connection with Personal Data to allow SHEQ Services Ltd at all times to perform the Training Services without infringing any third-party rights.
8.2 SHEQ Services Ltd warrants 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, SHEQ Services Ltd 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.
8.3 SHEQ Services Ltd is a registered organisation with the Information Commissioners Office and holds a data protection certificate.
INTELLECTUAL PROPERTY
9.1 All intellectual property rights, including copyright, patents and design arising in connection with this Agreement and shall belong to and remain vested in SHEQ Services 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.
TERMINATION
11.1 Either party may terminate this Agreement by written notice:
11.1.1 if the other party makes any voluntary arrangement with its creditors or enters into administration (whether or not pursuant to a court order) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation or is deemed under Section123 of the Insolvency Act 1986 to be unable to pay its debts or is dissolved and / or
11.1.2 if the other party fails to remedy a material breach of the Agreement within 30 days of written notice identifying the breach and notifying of an intention to terminate; and / or
11.1.3 if an encumbrancer takes possession, or a received or administrative received is appointed, of any of the property or assets of the party; and/or
11.1.4 the other party threatens to cease to carry on business.
ASSIGNMENT
12.1 This Agreement is personal to the Client and may not be assigned by the Client in whole or in part.
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 (other than as a result of any act or omission of SHEQ Services Ltd) 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.
NON-SOLICITATION
14.1 The Client shall not during the term of this Agreement and for six months thereafter, entice or solicit for employment with it, or any other entity, any Trainer or Employee who has been engaged to provide services on behalf of SHEQ Services Ltd.
ENTIRE AGREEMENT
15.1 This Agreement sets out the entire agreement between the parties in relation to the subject matter hereof and supersedes all previous arrangements, agreements and representations whether written, oral or implied between the Client and SHEQ Services Ltd relating to the Training Services.
AGREEMENT AMENDMENTS
16.1 Any amendments to this Agreement shall be in writing.
EFFECTIVENESS
17.1 This Agreement shall be effective upon signature by the parties or by requesting training services from SHEQ Services Ltd.
THIRD PARTIES
18.1 Third parties have no rights under the Contracts (Rights of Third Parties) Act 1999, or any amendment to, or re-enactment of it, to enforce any provision of this Agreement.
LAW
19.1 This Agreement shall be construed in accordance with English law and the English courts shall have sole jurisdiction.
DEFINITIONS
“Agreement” means these terms and conditions and (depending on the type of Training Service) (i) the Booking Form, (ii) the Proposal or (iii) the Email.
“Booking Process” means the booking request, via email, website, phone or booking form, to SHEQ Services Ltd from the Client or Delegate.
“Charges” means the charges (In pound sterling) for the Training Services set out in the Booking Form, Proposal or Email. The charges are set in pound sterling.
“The Client” means the company or delegate identified in the booking process.
“Clause” means a clause in these terms and conditions.
“The Date(s) for the Training Services” means the date(s) upon which the Training Services are to take place as set out in the booking process
“Delegate” means the individuals who are to receive the Training Services as set out in the booking process
“Expenses” means the expenses incurred in respect of travel and accommodation wholly and necessarily for the purposes of the Agreement as may be identified in a Proposal.
“Personal Data” means the data which relates to a living individual who can be identified from that data or from that data and other information and which is provided to SHEQ Services Ltd by the Client. All personal data is stored securely.
“Proposal” means the proposal for Training Services accompanying these terms and conditions.
“SHEQ Services Ltd” means SHEQ Services Ltd.
“The Trainer” means the person delivering the Training Service.
“The Training Location” means the place at which the Training Services are to be held.
“Training Services” means the training requirements set out in the booking process.
“Booking Form” means the online booking system.