TERMS & CONDITIONS OF TRADING –
- THE LAW
1.1 These terms and conditions and all other expressed terms of the contract shall be governed by and constructed in accordance with English Law.
- DEFINITIONS & GENERAL TERMS
2.1‘Client’ – The organisation or individual making the reservation for training from WREN TRAINING.
2.2 ‘Charges’ – As per the latest quotation or website, whichever is the greater in monetary value. It also refers to the cost of goods and/or supplies purchased from or via WREN TRAINING
2.3 ‘Booker’ – The person who formally makes a booking request on behalf of a delegate or orders of goods and/or supplies from WREN TRAINING on behalf of the Client.
2.4 ‘Certificate’ – The written proof awarded to course Delegates, either confirming their attendance or acknowledging their successful completion of a course, subject to the appropriate examinations or tests.
2.5 ‘Delegate(s)’ – The person(s) attending a training course.
2.6 No employee, agent or representative of WREN TRAINING has the authority to vary these terms and conditions without the written consent of the owner of WREN TRAINING or nominated deputy, and no such variation shall be binding on WREN TRAINING unless accepted in writing. WREN TRAINING shall be entitled to vary these terms and conditions for (i) existing bookings and orders upon giving not less than 7 days’ notice in writing of the variations to the client; and (ii) for any new bookings or orders, upon giving the Client notice in writing of the variation(s). Whereupon the Client will be bound, in the case of (i) by the varied terms and conditions, if the Client does not give counter notice within the 7 days cancelling the booking or order; and in respect of (ii) the Client will be bound by the new terms and conditions upon WREN TRAINING sending said notice by first class post or email. In either case WREN TRAINING notice may contain just the varied terms and conditions or a complete set of the terms and conditions as varied.
2.7 Submission of a booking request or placement of an order by or on behalf of the Client indicates acceptance of these terms and conditions.
2.8 WREN TRAINING reserves the right to determine and to vary the location of training venue or any part thereof at its discretion whether before or during the period of training.
2.9 Unless provided in writing from the owner or agent of, any equipment or product used by WREN TRAINING for training purposes is for the effectiveness of the course only. WREN TRAINING in no way endorses or recommends any equipment or product.
- CONFIRMATION OF BOOKINGS
3.1 In order to accept and confirm a booking, WREN TRAINING must first receive in writing from the Client a booking request. All booking requests and WREN TRAINING acceptance thereof shall be governed by the WREN TRAINING Terms and Conditions of Trading and Charges current at the date of the acceptance by WREN TRAINING. Copies of these terms are available on request.
3.2 WREN TRAINING will confirm its acceptance of the booking in writing (whether the acceptance is sent to the Client or to the address of the Booker); via e-mail or post.
3.3 Bookings via the website are confirmed.
- CHARGES AND PAYMENTS
4.1 Unless otherwise agreed in writing by WREN TRAINING, the charges applicable to the booking will be at the prevailing rate, including any subsequent charges either detailed within these terms, or additional charges communicated in writing by WREN TRAINING to the Client. The details of the charges may be supplied in a written quotation, a rate card or a promotional leaflet.
4.2 Submission to WREN TRAINING by the Client of a booking request (as detailed at Paragraph. 3 above) will be the Client’s agreement to pay WREN TRAINING all the applicable charges arising in accordance with these terms.
4.3 WREN TRAINING will invoice the Client in advance of the course. The invoice will be due for payment with by cheque – at least 7 days prior to the course, no later than 2 days before if by BACS or on day if cash payment, unless special by special arrangement, agreed in writing between WREN TRAINING and the client .
4.4 If a Delegate, for any reason including exam failure, is unable to finish or pass the course, then the following charges will apply:
- a) Despite the failure, the full course charges will still apply. The Client accepts liability to pay for any associated charges costs or expenses reasonably incurred by WREN TRAINING or its agent(s) because of or arising from the Delegates(s) being unable to finish the course.
4.5 Regardless of any disputes, the Client agrees not to withhold any payments due to WREN TRAINING for any reason. The Client further agrees to make such payments to WREN TRAINING, on the relevant payment dates. WREN TRAINING reserves the right to withhold the distribution of certificates, of whatever description, until full payment has been made in accordance with these terms. Furthermore, the client accepts liability for all related costs because of certificates being withheld, including (but not limited to) claims for financial loss from the Delegate(s) concerned. The Client will indemnify WREN TRAINING against any liability to the Delegate(s) so affected by WREN TRAINING withholding pursuant to this paragraph.
4.6 If full payment (including the successful clearance of cheques) is not received by WREN TRAINING prior to the course commencement, then WREN TRAINING reserves the right to carry out one or all the following actions:
- a) Postpone the course until payment has been received. The Client will be liable for all associated costs that WREN TRAINING may incur as a direct result of the postponement.
- b) Retain Delegate certificate(s) until payment has been received. In which case the provisions of
Paragraph 4.5 shall apply.
- c) Cancel the course. The Client will be liable for all associated costs that WREN TRAINING may incur as a direct result of the cancellation.
5.1 The Client agrees to keep WREN TRAINING safe from and to, indemnity WREN TRAINING against (i) all loss, damage or liability suffered by WREN TRAINING and/or a third party and (ii) legal fees and costs incurred by WREN TRAINING; in the course of providing Training Services and resulting from:
5.1.1 Any deliberate or wilful act, act of neglect or default of the Client, their Delegate(s), agent(s) or employees.
5.1.2 Any successful claim by a third party alleging libel or slander in respect of any matter arising from the provision where the defamation arises from materials included in the course at the request of the Client or materials provided by the Client.
- FORCE MAJEURE
6.1 Neither party shall be liable to the other party by reason of any failure or delay in performing its obligations under these terms which is due to Force Majeure, where there is no practicable means available to the party concerned to avoid such failure or delay.
6.2 If either party becomes aware of any circumstances of Force Majeure which gives rise to any such failure or delay on that party’s behalf, or which appear likely to do so, that party shall promptly give notice of those circumstances (as soon as practicable after becoming aware of them) and shall thereby inform the other party of the period the notifying party estimates will be the duration of the failure or delay.
6.3 For the purposes of paragraph 6, ‘Force Majeure’ means any event or occurrence which is outside of the control of the party concerned and which is not attributable to any act or failure to take preventative action by the party concerned. However, this definition does include any industrial action occurring within WREN TRAINING or within any sub-contractor organisation acting on behalf or for WREN TRAINING, which shall be a force majeure.
6.4 Any failure or delay by WREN TRAINING in performing its obligations under these terms, which results from any failure or delay by an agent, sub-contractor or supplier shall be regarded as due to Force Majeure only if that agent, sub-contractor or supplier is itself subject to a Force Majeure as defined by 6.3 so that it is impeded and prevented from the performance of, or compliance with, any obligations owed by WREN TRAINING to the Client.
7.1 All rights are reserved by WREN TRAINING and by any Third party whose copyright WREN TRAINING acknowledges – No part of the training material may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, electronic, mechanical, photocopying, or otherwise, without prior permission in writing of the copyright owner.
8 CANCELLATION OF ALL COURSES
8.1 Cancellations from the Client in whole or part must be made in writing to WREN TRAINING, with the following applying:
8.1.1 Non-attendance without prior written notice will result in the full charges becoming due and payable by the Client
8.1.2 Where written notice is received less than 5 working days before the commencement date of the course, fifty per cent (50%) of the fee will be charged.
9.1 Whilst attending a course, the Client will ensure that all Delegates respect and comply with all Health and Safety notices and warnings at the venue and that they also observe all safety precautions from the course tutor, at the accommodation or from an agent of WREN TRAINING.
9.2 Any Delegate who does not follow 9.1, may be removed from the course by WREN TRAINING or an agent of. The Client accepts liability for any associated charges due because of a Delegate being removed from the course. Should a Delegate be selected for removal from a course, then where practicable, WREN TRAINING will make the Client aware of the intended expulsion, by notice in writing, given to the Booker of the Client.
10.1 WREN TRAINING will treat all information of a business nature supplied by the Client as confidential and shall not disclose it to any third party without the Client’s prior permission.
10.2 The Client shall treat all information supplied by WREN TRAINING to the Client under or arising out of a course booking and/or an order for goods and/or supplies as confidential where it relates to the business activities of WREN TRAINING and/or to WREN TRAINING’ intellectual property. The Client shall not divulge such information to a third party without prior written permission of WREN TRAINING
16.1 WREN TRAINING shall be permitted to freely quote the Client’s name in WREN TRAINING’ publicity for WREN TRAINING’ courses, photographs may be used. The client must put in writing if they do not wish their name or company name or photograph(s) to be used.
- COVID-19 (Coronavirus)
17.1 WREN TRAINING asks that current guidance is followed.
17.2 If Wren Training is training at your venue and finds it unsuitable to fulfil the current guidance safely, we reserve the right to refuse to commence training.
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