Tel. 020 8619 0939     Email. info@confinedspacestraining.com

TERMS & CONDITIONS OF BUSINESS

General

1a. In these terms & conditions:- “STC” means Skills Training Centre Limited.

“Customer” means the person who accepts a quotation from STC for the supply of training and/or assessment services.

“Agreement” means the agreement between the Customer and STC which is subject to any specific terms and conditions provided for and the terms and conditions set out in this schedule.

1b. Individuals receiving services from STC under this Agreement shall remain in the employment of the customer, who shall continue to be responsible for payment of any renumeration and for National Insurance contributions, Income Tax and other payments which are the responsibility of an employer.

Trainer and/or Assessor Selection

2. Selection of a trainer and/or assessor shall be at the discretion of the STC. Every effort will be made to maintain continuity, but it may be necessary to change the trainer and/or assessor during the period of training/assessment.

Cancellation of Agreement

3. This Agreement may be terminated by either party by giving to the other written notice, subject to the conditions detailed at paragraphs 4 to 6 inclusive of this schedule.

4. If the Customer terminates the Agreement more than 21 days before the commencement of training and/or assessment, there will be no charge to the customer.

5. If the Customer terminates this Agreement between 21 days and 15 days before the commencement of training and/or assessment, STC shall be entitled to make a cancellation charge equal to 40% of the full Agreement fee.

6. If the Customer terminates this Agreement within 15 days before the commencement of training and/or assessment, or after the training and/or assessment has commenced, STC shall be entitled to make a cancellation charge equal to the full Agreement fee.

Postponement of Agreement

7. This Agreement may be postponed by either party by giving to the other written notice, subject to the conditions detailed at paragraphs 8 to 10 inclusive of this schedule.

8. If the Customer requests a postponement of the Agreement more than 21 days before the commencement of training and/or assessment, there will be no charge to the customer.

9. If the Customer requests a postponement of the Agreement between 21 days and 15 days before the commencement of training and/or assessment, STC shall be entitled to make a postponement charge equal to 20% of the full Agreement fee – providing a firm booking is made within 7 days of the postponement.

10. If the Customer requests a postponement of the Agreement within 15 days before the commencement of training and/or assessment, or after the training and/or assessment has commenced STC shall be entitled to make a postponement charge of 50% of the full Agreement fee – providing a firm booking is made within 7 days of the postponement.

Fees

11a. Account Customers
STC will invoice in full on completion of an event and payment shall be made to STC within 30 days from the date of the invoice. Certificates issued by an Awarding Body will not be applied for/issued until full payment is received. If the Agreement is cancelled or postponed STC will invoice in accordance with sections 3-10 of these Terms and Conditions and payment shall be made to STC within 30 days from the date of the invoice.

11b. Private individuals / Non Account Customers
STC will require full payment in Cash or via Credit/Debit Card before an event is due to commence. Until full payment has been received any place(s) on an event may be offered to other customers. If the Agreement is cancelled or postponed STC will invoice in accordance with sections 3-10 of these Terms and Conditions and payment shall be made to STC within 30 days from the date of the invoice.

12. All fees under this Agreement unless otherwise stated, are exclusive of VAT and other duties or taxes and are payable in addition to such fees.

13. For the purposes of these Terms & Conditions:

13.1 If you are a partnership then “you” means any of the partners; and
13.2 In all cases “data” means any information which we or our financier may hold about you (whether or not provided by you) including (without limitation) information about your credit worthiness and transactions which we have entered into or may enter into with you.

14. We shall pass data to our financier and they will hold it for the purposes of assessing your suitability for credit and in order to know the state of your account.

15. Our financier may also obtain data from and pass data to credit reference agencies and other parties who may grant you credit.

16. Our financier may pass data to their bankers, solicitors, accountants and insurers for the purposes of the services provided by them to our financier. Our financier may also use the data for training and marketing purposes and for such purposes may monitor and/or record telephone calls between you and our financier.

17. If you wish to know the identity of our financier to whom data has been passed, please contact our data controller who will be able to disclose this information to you. If you wish to receive a copy of the information we hold about you, please apply in writing. A charge may be made for the provision of these details.

Health & Safety

18. The parties to this Agreement shall ensure that all necessary steps are taken for securing the health, safety and welfare of all persons engaged in the operation of this Agreement, to the same extent and in the same manner as an employer is required to do in relation to his, her or it’s employees under the Health and Safety at Work Act 1974 or any subsequent Act, Acts or enactments replacing the same or any other relevant legislation for the time, being in force in Great Britain.

Liability

19a. STC shall not be liable for any accident, loss or damage whatsoever or to whomsoever caused by any act, default or omission, or the Customer, its employees, including its personnel being trained and/or assessed, or agents, except to the extent that sub-para b. of this paragraph applies. The Customer shall indemnify STC against any payments which STC may be required to make in respect of any claim arising out of any such accident, loss and/or damage for which STC is not liable in terms of this sub-paragraph.

19b. STC shall indemnify the Customer against any liability of the Customer to third parties arising from accidental death of or bodily injury to or illness or disease contracted by any person or accidental loss of or damage to any property, where such death, injury, illness, disease, loss or damage was caused or contributed to by the negligence of STC, its employees or agents, provided that in a case where such death, injury, illness, disease, loss or damage was contributed to by the negligence of STC, its employees or agents, the indemnity shall be limited to the extent of such contribution.

20. STC shall not be liable for any direct or consequential loss caused by the delay or cancellation of training and/or assessment due to adverse weather conditions, industrial action, fire, explosions, illness of or accident to any person, or any other cause beyond the control of STC, provided that in the event of such cancellations of training and/or assessment the agreed training fee shall be reduced on a proportionate basis.

Confidentiality

21. Unless STC notifies the Customer otherwise, all documents and information received by the Customer during or in connection with the performance of this Agreement from STC, shall be held in confidence. Such documents and information shall not be disclosed by the Customer, his or her staff, or agents, to any other person without the prior written consent of STC unless a duty to disclose to that person is imposed under stature or by court order.

Copyright

22. The copyright, interlectual property and design rights in any materials produced in the performance of this Agreement, shall remain vested with STC. Such materials shall not be copied or reproduced without prior written consent of STC.

Equipment

23. The Customer shall make available all facilities, materials, equipment and protective clothing necessary for the training and/or assessment, unless STC has specifically agreed to provide them.

24. If the Customer loans any equipment to STC for use on STC premises, STC shall safeguard and protect the equipment so far as is reasonably practicable while on loan, but shall not be responsible for insuring the equipment. While the equipment is on loan, STC shall carry out day-to-day maintenance and minor repairs. The Customer shall be responsible for any repairs which are not minor. For this purpose, a repair shall be deemed to be minor if the cost of repair including necessary parts does not exceed £25 (excluding VAT).

Variation

25. The terms of this Agreement may only be varied by agreement in writing between persons duly authorised by the parties.