The Terms of Business ("Terms") below form the agreement between the Delegate and the Company. By returning the Booking Form the Delegate has agreed to be bound by these Terms:
1. Interpretation of this document
1.1 For definition, within these Terms:
"BOOKING FORM" refers to the form completed by the Delegate, Terms agreed, signed and sent back to the Company, in order to secure a place on the Training Course.
“BULK TRAINING” refers to training provision to more than one Delegate for the same Organisation completing a Training Course with the Company.
"CONTRACT" refers to the contract for the provision of the Training Course, comprising the Agreement, Booking Form and these Terms.
"COMPANY" refers to Blue Screen IT Ltd, Registered England & Wales 5014538, of 7 Darklake view, Estover, Plymouth, Devon, PL67TL, UK.
"COURSEWARE" refers to textbooks, vendor press related release, certification guides, training kits, cram sheets, whitepapers and other related information and data provided on the course.
"DELEGATE" refers to the person named on the Booking Form submitted, or in the case of Bulk Training under the responsibility of the Delegate booking for whom the Company has agreed to provide the Course in accordance with these Terms. Where the delegate is booking for an Organisation, the Delegate agreement, or in definition, Booking Form, creates a contract between the Organisation and the Company. “EXAM” refers to the certification examination from the vendor offered by the relevant examination body.
“EXAM VOUCHER” refers to the voucher required by the examination body in order to book an Exam.
“HANDS-ON” refers to the use of live equipment provision as found within the professional field the course is based upon. This equipment includes but is not limited to PC’s, Servers, Switches, Routers, Networking equipment and other related IT based equipment.
“LATE FEES” are fees which are due to the Company for a service rendered, but that have not been paid or settled in full by the Delegate to the Company within the terms stated in clause 5 of this document.
“ORGANISATION” refers to the business entity, MoD or DoD, public or private service, sole trader, partnership, Charity, PLC or any other legally trading bodies that chooses to use the services of the Company.
“ON-SITE TRAINING” refers to training conducted by the Company on the premises of the Delegate and/ or their Organisation.
"PUBLISHED LITERATURE" refers to the Company’s flyers, brochures, email information, the website and other publicly advertised media including Television, Newspapers, Magazines, Blogs and various social media sites.
“TERMS” refers to the Terms and Conditions of the agreement to provide and accept training between the company and the delegate comprising of the clauses referred to within this document.
"TRAINING COURSE" refers to the service provided by the Company for the Delegate as described within published literature and stated within the booking form provided by the delegate.
"TRAINING FEES" refers to the cost paid by the delegate inclusive of any services including training delivery, exams, courseware, accommodation and other invoiced items required for the delivery of the training service to the delegate.
If a Delegate cancels, reschedules or withdraws from a Training Course;
i. Up to 14 days prior to the commencement of the Training Course, the Delegate can reschedule once to another course within 12 months of the Training Course, subject to availability, according to the Booking Form with no penalty. Any further rescheduling from the Delegate will incur an administration cost of £175.00 for each rescheduling. In the event of a full cancellation of the training course, up to 14 days prior to the Training Course start date, a cancellation fee of £175.00 and the cost of any materials provided to the Delegate will be invoiced and due to be paid by the Delegate.
1.2 The headings, in definition above, within these Terms, are for convenience only and shall not affect their interpretation.
2. Parties who apply
All goods and services supplied by The Company are subject to the Terms stated within this document. Any party deemed a client of The Company, by definition, The Delegate, or one that has been supplied goods or services from the Company, apply to the terms and conditions stated within this document.
Your acceptance of Contract will be deemed successful upon the completion and receipt of your purchase order or Booking Form or other written intention to confirm your Training Course with the Company. The Company reserves the right to retain any deposits or charge in full for any services supplied or developed where cancellation is not made within the period specified in clause 7.
The price is the amount as stated on the quotation and invoice provided. If the rate of value added tax (VAT) increases between the date of your Booking Form and the date of the Training Course, The Company has the right to add the necessary additional amount of value added tax to the price of the goods. Any price quoted is valid for 30 days from the date of the quotation provided.
Course Training Fees, fully inclusive, must be paid 14 days prior to the start date of the Training Course as per the Booking Form. Prior arrangement with the Company, or the Company bound to agreement where payment is made using differing terms are excluded from the 14 day advance payment requirement. In the event that a delay in payment is anticipated, leniency will be provided only if the Company should see fit and have agreed in advance to do so with the Delegate. In all cases, payment should be made within 30 days of invoice date, or within 14 days prior to the Training Course, or within agreed terms, whichever is sooner and applicable to your agreed Booking Form. Any late payments will incur late payment fees as detailed in clause 11. Acceptable methods of payment are Personal or Building Society Cheque, Bank Transfer, BACS or Cash. Cheque’s should be made payable to Blue Screen IT Limited, allowing for 4 days clearing time required within the payment period and sent to Blue Screen IT Ltd, 7 Darklake view, Estover, Plymouth, Devon, PL67TL, UK. A Payment in full or a deposit of 10% can be used to secure the Training Course. The balance is then due at least 14 days prior to the start of the Training Course as per the booking form or as otherwise arranged with the Company.
6. Cancellation of Course by the Company
In certain circumstances, the Company reserves the right to reschedule or cancel a Training Course. The Company will endeavor to contact the Delegate promptly upon the decision being made to cancel the course and to offer an alternative Training Course date. Where the Delegate does not agree the alternate offer, or the Training Course being cancelled altogether, The Company’s liability will be limited to a refund of Training Fees paid less any courseware or other materials sent to the Delegate prior to the Training Course commencing. The company does not accept responsibility for any claims for consequential loss due to travel, accommodation, time off, departmental scheduling or any other costs incurred by the Delegate.
7. Cancellation of Course by the Delegate.
i. Cancellation of a Training Course will only be accepted on receipt of written notification to the Company within at least fourteen (14) calendar days of the start of the Training Course. It is the Delegates responsibility to ensure that they have received acknowledgement of the cancellation from the Company.
ii. If the delegate wishes to reschedule within 14 days of the start date of the Training Course, all course Training Fees will remain payable. Training Fees already paid will be retained by the Company and any Training Fees due will remain unpaid and due to the Company within the payment periods detailed within clause 5.
iii. If the delegate does not attend their scheduled course, or any rescheduled course within 12 months of the original Training Course date as per the Booking Form, then the Company shall be entitled to forfeit any Training Courses and related services due that are paid or fully paid. This forfeit will include any services within the agreed Training Course as per the delegates Booking Form and that were invoiced for. The Company will require any payments still due to be paid in full in accordance with clause 5. All Exam delivery and Exam vouchers will be forfeited after the 12 month period expires as dated per the Delegates Booking Form.
In the event a refund is required, the funds will be transferred from the Company to the Delegate within 14 days of the refund being agreed in writing to the Delegate by the Company. Please refer to clause 19 for complaints. The Company reserves the right to refuse a refund on any Training Fees for a Training Course, Exam Vouchers or other supporting services once a 12 month period has passed from the start date of the Training Course as detailed by the Booking Form the Delegate completed and submitted to the Company.
9. Obligation to provide service
The Company’s brochures, correspondence and literature are not binding, and variations may be made to the services provided without prior consent of the Delegate. The Company reserves the right to alter the venue for Training Course within reasonable distance and time frame, and can refuse or curtail any Training Course if the Delegate fails to satisfy the requirements for such a course which will lead to all Training Fees being due in full, and any paid Training Fees forfeited by the delegate as per the Booking Form and invoice provided according to payment terms within clause 5. Once 12 months has passed from the date of the Training Course, any unused training, Exam Vouchers, Accommodation, Courseware and other supporting elements of the Training Course that the Delegate may have booked on according to the Booking Form will expire and no refund or credit of any sort will be due by the Company to the Delegate. Due to the Hands-On nature of the training provided, the Company will not be held liable for any delays or perceived delays by the Delegate due to the equipment. Due to the Hands-On nature of the training, equipment does get used beyond expected capability and this can lead to failures. This cannot be avoided due to the actual equipment being used in the training, but the Company will endeavor to ensure that systems are in place to minimise this delay where possible. Courseware Intellectual Property belongs to the respective vendor, or the Company where detailed on the Courseware. This Courseware is strictly to be used for the individuals Training Course, and cannot be transferred, copied or redistributed in any means or medium without the explicit permission in writing from the respective vendor or the Company Directorate.
10. Force Majeure
We shall not be liable for delay or failure to perform any of our obligations under this order if the delay or failure is caused by any circumstances beyond our reasonable control. For the purposes of this condition, "force majeure" shall include, but not be limited to acts of God, war, terrorism, civil disorder, sonic boom, industrial dispute, fire or explosions, major electrical or gas interruptions. Upon the happening of a "force majeure" event we shall be entitled to a reasonable extension of time for the performance of our obligations.
11. Late Payment Fees
The company reserves the right to apply a late fee penalty, at a rate of ten percent (10%) compounding per month on top of the unpaid Training Fees until all unpaid Training Fees due by the Delegate to the Company are paid in full. If after a period of fourteen (14) days of the Training Fees being due, and the Training Fees remain unpaid, the Company reserves the right to pursue legal action against the Delegate and all costs for the proceedings will be added to the unpaid Training Fees due by the Delegate to the Company. If any Training Fees are unpaid, all services due by the Company will terminate after the fourteenth (14th) day from the date that payment was due by the delegate according to clause 5, the Booking Form and the Company invoice.
12. Delegate etiquette
All Delegates are expected to dress and behave in a manner suitable to the Training Course environment. Any Delegates that disrupt, or severely impede a Training Course due to incorrect etiquette will be made liable for any Training Course ill repute, and the Company reserves the right to forfeit their Training Course and supporting services as per the Booking Form. Any Delegates found “tampering” with the classroom environment will be held liable for any loss of class time due to rescheduling. This will include the full cost of the course and any further costs involved in labour and parts at The Company current consultancy rate, any Training Courses due to the Delegate according to the Delegate Booking Form will be terminated and any unpaid fees will become due to the Company with payments Terms as stated within clause 5.
13. On-Site training on customer premises
On-Site training environments should be suitable to the training required. Each course has a specified requirement that will be made known to the customer beforehand. Any equipment that is needed for the provision must be detailed to The Company beforehand in order to ensure the correct equipment is included within the Delegate Training Course requirement. The training environment and room should be conducive to the topic and should be comfortable for both Delegate and Trainer. The room should have either a smartboard, whiteboard or 2 flip charts with the relevant pens required for the media used. The Training Course environment and room should contain enough power, heating, cooling, lighting and amenities as required by the relevant Health and Safety laws that are applicable. The room should be free of any hazards that might be deemed to be a risk to Health and Safety. The Company is in no way responsible or liable for any Health and Safety, or other related, incidents or offences on a Delegate site when the Company has a representative conducting On-Site training. In cases where the training environment severely impedes a Training Course, the Company reserves the right to stop services immediately and to require better facility or an alternate date. Where an alternate date is required, Training Fees due for that Training Course will become due immediately and payable as per clause 5. A new Booking Form and invoice will need to be raised to secure the alternate Training Course required. If any severe interruptions occur that result in the Company representative being forced to leave the site, any additional Travel and Subsistence required to get the representative back to their home will be due to be paid by the Delegate/ Organisation in accordance with clause 5. If accommodation is provided by the Delegate or Organisation for a representative of the Company, and any event should occur that the accommodation is not available or the accommodation provided is of a low standard, the Company reserves the right to invoice the Delegate or Organisation for any additional costs due to alternate accommodation being required.
We do not provide additional guarantees.
We do not exclude liability for death or personal injury, however we shall not be liable for any direct loss or damage suffered by you howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise. We shall not under any circumstances be liable for any indirect or consequential loss howsoever caused whether by negligence, breach of contract, misrepresentation or otherwise. We or our insurers shall not be liable or investigate any claim for loss unless you have given us written notice within 7 days of its occurrence and given us or our insurers every facility to investigate such occurrence.
All Intellectual Property rights, including copyright, patents and Courseware remain the property of the Company and the respective vendors where applicable. No copies are to be made of any course notes or study materials without prior permission from the Company Board of Directors or the respective vendor of the Courseware. All copyrights, trademarks and logos of third-party vendors, neutral and vendor specific, are the property of their respective owners. This applies to individual, corporate, governmental and other sectors. All logos displayed are done so to best represent companies and organizations referred to. This under no circumstance implies any partnership or membership of the body or organization.
17. Individual Responsibility
Whilst the company will always endeavor to give best Delegate advice, it is the Delegate’s ultimate responsibility to ensure that the Training Course selected is suited to the Delegate requirements. The company cannot accept responsibility for selection of the wrong Training Course by the Delegate. The Company is a provider of vendor-neutral and vendor-specific certifications, the Delegate carries the responsibility that the Training Course booked on the Delegate Booking Form is as the Delegate intended.
18. Data Secrecy
The Company employs a strict data secrecy policy. We under no circumstance pass out this information to any other 3rd party organizations. We do not participate in any marketing, demographics or tracking programs. Only under legal or lawful situations where The Company is obliged to do so will company data be submitted. If you or any other parties affected are approached by a third party organization claiming to have received information from The Company, do not submit any further information and contact us immediately with the details to the incident for further action. Where any goods or services are required under sensitive circumstances, The Company has a standard Data Protection Policy and Non-Disclosure Agreement. If any policies are required to be agreed to on your part, The Company Directorate will always oblige to preserve customer confidence.
19. Summary and Complaints
The Terms stated above are binding and are in place to protect the interests of both the Delegate and that of The Company. Where any Terms are not clear or in understandable format, or you wish to make a complaint, please do not hesitate to contact Blue Screen IT Directorate using either telephone calling +44 1752 724 000 or by email using firstname.lastname@example.org.
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