Terms & conditions of business
1. Definitions
(a) "The Purchaser" - means the person, firm or corporate body wishing to attend the Facilities and/or use the Program Materials.
(b) "The Facilities" - means various training courses devised and run by Advance Training Solutions Ltd at its premises or "Purchaser's" own site in order to assist Purchasers to understand and operate certain computer hardware systems and software programs.
(c) "The Program Materials" - means the course manual and documentation made available to Purchasers attending Facilities.
(d) "The Consultant" - means any individual with whom the Purchaser has had contact as a result of business dealings with Advance Training Solutions Limited.
(e) "The Relevant Period" - means a period within 6 months of introduction of the Consultant or completion of his/her assignment (whichever is the later).
2. Contract
(a) The Contract for the supply of Facilities and hence the Purchaser's obligation to be bound by these terms and conditions, is concluded by the issue by Advance Training Solutions Ltd of its confirmation of acceptance of the Purchaser's order whether written or otherwise. In respect of Systems and Technical Training a confirmation of acceptance will not be issued until a written order is received from the Purchaser.
(b) These Terms and Conditions supersede and replace any previous agreements, proposals or representations made between the Purchaser and Advance Training Solutions Ltd for the provision of Facilities. These Terms and Conditions shall prevail notwithstanding any terms and conditions contained in any order submitted by the Purchaser. Any variation to these Terms and Conditions must be agreed in writing by Advance Training Solutions Ltd.
(c) The waiver by Advance Training Solutions Ltd of any breach of these Terms and Conditions shall not prevent its subsequent enforcement and shall not be deemed to be a waiver of any subsequent breach.
(d) The Purchaser shall procure the observance by its representatives attending Facilities, using Program Materials of its obligations under these Terms and Conditions.
(e) The Purchaser undertakes that it will not at any time during the Relevant Period employ or make use of the Consultant in any capacity whether temporary, permanent or self employed otherwise than directly through Advance Training Solutions Ltd. The Purchaser also undertakes that it will not refer the Consultant to an associated or subsidiary company or organisation of the Purchaser or to any third party who so employs or makes use of the Consultant.
(f) If at any time during the Relevant Period the Purchaser is in breach of clause (e) above, the Purchaser shall forthwith notify Advance Training Solutions Ltd thereof in writing.
(g) Both parties acknowledge that the appropriate remedy for Advance Training Solutions Ltd in the event of any breach of clause (e) above by the Purchaser shall be immediate injunctive relief from the Courts. However, without prejudice to Advance Training Solutions Ltd's right to see injunctive relief in such circumstances, it is agreed that Advance Training Solutions Ltd may in the alternative and its sole discretion require the Purchaser to forthwith pay to it liquidated damages equal to either:
If the Consultant was employed by Advance Training Solutions Limited - 40% of the value of the particular Consultant's annual remuneration including benefits upon joining the Purchaser, by way of an introduction fee; or
If the Consultant was contracted to Advance Training Solutions - 60 x the Consultant's daily contracted rate with Advance Training Solutions Ltd by way of an introductory fee.
Further, in the event that a Court does not grant interlocutory relief to Advance Training Solutions Ltd in any such case, for whatever reason, the Purchaser agrees that it will forthwith pay the aforesaid liquidated damages to Advance Training Solutions Ltd.
3. Bookings
(a) The Purchaser should attend Facilities on the commencement date specified by Advance Training Solutions Ltd in its confirmation of acceptance of booking. Advance Training Solutions Ltd shall not be liable for any costs, damage or expenses suffered by the Purchaser as a result of any cancellation or postponement of Facilities.
(b) The Purchaser shall not assign its booking to another organisation or individual without the prior written consent of Advance Training Solutions Ltd.
4. Confidentiality & copyright
The Purchaser will not, unless authorised by Advance Training Solutions Ltd:
(a) Disclose, provide or make available to any person in whole or in part any of the Program Materials or any copies thereof;
(b) Do any act in relation to the Program Materials which is a restricted act under the Copyright, Designs and Patents Act 1988.
(c) As used in this document, Vendor means that Company or Corporation that owns the copyright or other intellectual rights to the material or software referred to. Vendor information and data disclosed during any Training Course or Consultancy Service provided by Advance Training Solutions Ltd is proprietary to the Vendor if marked with an appropriate legend and no such information, data or licensed software materials may be copied without the Vendor's prior written approval. The software materials used for courses are licensed and are the property of the Vendor. They may not be reproduced or copied, nor used in whole or in part, other than on the particular designated equipment for which they were obtained, nor may they be provided or made otherwise available to any third party without prior written consent of the Vendor.
5. Obligations of the purchaser
The Purchaser agrees that while attending at the Facilities it will:
(a) Co-operate with Advance Training Solutions Ltd's staff and accept their direction, supervision and control and conform to its rules and regulations.
(b) Take all reasonable steps to safeguard its own safety and the safety of any other person who may be affected by its actions whilst attending the Facilities.
(c) Not engage in any conduct detrimental to the interests of Advance Training Solutions Ltd.
6. Liability
(a) Advance Training Solutions Ltd will not be liable for any accidents unless caused by any defects in its plant, or equipment or the Program Materials or by the negligence of its employees and resulting in:
(i) Bodily injury or death; or
(ii) Loss of or damage to property subject to a maximum figure of £250,000 arising from any one incident or event.
(b) In no event will Advance Training Solutions Ltd be liable for any indirect or consequential loss suffered by the Purchaser as a result of attending the Facilities, using the Program Materials.
7. Cancellation & transfers
(a) The Purchaser agrees to pay the following charges to Advance Training Solutions Ltd in the event that for whatsoever reason its representative fails to attend or withdraws from a training course or reschedules a course which it has booked without providing at least 20 working days written notice prior to the scheduled commencement date.
Notification in writing
a) 20+ Working Days = No Charge
b) 15-19 Working Days = 50% of costs
c) 1-14 Working Days = 100% of costs
(b) Advance Training Solutions Ltd's cancellation charges (plus VAT) will be invoiced to the Purchaser on the date of cancellation and payment is required within 28 days.
8. Payment terms
In respect of the Facilities and Program Materials charges will be invoiced on the following basis:
(a) End User Training will be invoiced during the week in which training has occurred.
(b) Systems and Technical Training will be invoiced during the week in which training has occurred.
(c) Vouchers, Packages and Tickets will be invoiced on receipt of order.
(d) Payment is required 28 days from date of invoice.
Information regarding our trading transactions with our customers may be disclosed to our financiers.
9. Telephone service
After attending the Facilities the Purchaser shall be entitled to use the telephone service made available by Advance Training Solutions Ltd for assisting with problems subsequently encountered by the Purchaser with its computer system, provided that the service is limited to:
(a) those representatives of the Purchaser who attended the Facilities and
(b) problems which relate directly to the subject matter of those training courses attended by the Purchaser's representatives.
10. Jurisdiction
These Terms and Conditions are governed by English Law and the Purchaser agrees to submit to the jurisdiction of the High Court of Justice in England.
11. Vouchers & packages
Vouchers purchased entitling Purchasers to agreed future volumes of training must be utilised in full within one year of invoice. Advance Training Solutions Ltd will not be obliged to honor unutilised voucher entitlement that is over 12 months old. Standard transfer and cancellation terms apply to all voucher purchased training.
Unless otherwise stated, Training Packages have a 12 month life from the date of invoice. Packages are non-transferable and non-refundable and are for named individuals only. Substitutions are not permitted.
12. Tickets
Tickets purchased entitle Purchasers to attend a specific event, at a stated location and with a defined start date. Tickets are only valid for that event and are non-transferable and non-refundable. Delegate substitutions may be permitted provided the delegate meets the event pre-requisites, and that Advance Training Solutions Limited is notified in writing prior to the event.
13. Amendments
If unfortunate events prevent Advance Training Solutions Ltd from running a course or courses, attendants will be offered a transfer to an alternative date or be refunded any course fees paid. In such circumstance no cancellation fee will apply.