Terms & Conditions

Terms and conditions for training services, bookings, payments, cancellations and on-site training arrangements.

Terms & Conditions

Recitals

The Customer agrees to engage PandA Training to provide training services on the terms and conditions set out in this agreement.

1. Definitions

In this agreement, the following definitions apply:

  1. Delegatesmeans those persons identified by the Customer to PandA Training who will attend at the training Location to receive the Services.
  2. Cancellation Chargesmeans the cancellation charge to be paid by the Customer to PandA Training, more particularly defined in clause 11.
  3. Course Datemeans the scheduled date of the specific training course.
  4. Locationmeans the place at which the Services will be provided.
  5. Paymentsmeans the amounts to be paid by the Customer to PandA Training.
  6. Servicesmeans the services to be provided by PandA Training to the Customer.
  7. Working Daysmeans days between and including Monday to Friday, and does not include public holidays or weekends.

2. Interpretation

  1. The masculine includes the feminine and the neuter, and vice versa.
  2. The singular includes the plural, and vice versa.
  3. A reference to any statute, enactment, order, regulation or similar instrument shall be construed as a reference to the statute, enactment, order, regulation or instrument as amended from time to time.

3. Appointment

  1. All booking forms must be completed and returned within forty-eight (48) hours, unless otherwise stated.
  2. Where the Course Date is within 10 Working Days, all booking forms must be returned within twenty-four (24) hours, unless otherwise stated.
  3. Where the Course Date is the next Working Day, the booking form must be returned within two (2) hours or by close of business, whichever is sooner.
  4. Booking forms not returned to PandA Training and confirmed are liable to cancellation without notice.
  5. The Customer appoints PandA Training to provide the Services in return for the Payments.

4. PandA Training’s Obligations

PandA Training shall:

  1. Undertake reasonable endeavours to provide the Services at the Location on the Course Date. PandA Training reserves the right to make reasonable variations to courses, including the content and Location, without notice.
  2. Exercise reasonable skill, care and diligence in providing the Services.
  3. Deliver all Services in English.

5. VAT, Duties or Taxes

  1. All sums payable under this agreement, unless otherwise stated, are exclusive of VAT and other duties or taxes.
  2. Any VAT or other duties or taxes payable in respect of such sums shall be payable in addition to such sums.

6. Intellectual Property Rights and Data Protection

All copyright and other intellectual property rights in all specifications, drawings, illustrations, diagrams and other documents issued by PandA Training will remain the property of PandA Training and may not be reproduced without permission.

7. Indemnity

PandA Training shall indemnify the Customer against any claim for death or personal injury, without limit, caused by the negligence or breach of statutory duty of PandA Training, its servants or agents.

8. Limitation of Liability

Subject to clause 10, the total liability of PandA Training to the Customer for any reason and upon any cause of action shall be limited to the amount of any Payments and other charges which the Customer has paid to PandA Training under this agreement.

PandA Training shall not be liable for indirect or consequential loss, howsoever caused.

  1. PandA Training may assign or subcontract the whole or any part of the Services.
  2. Training end times may vary depending on the experience and ability of the Delegates.
  3. Certificates will be dispatched within twenty-eight (28) days of the Course Date. However, training certificates will only be dispatched when full payment has been received.

9. The Customer’s Obligations

The Customer shall:

  1. Ensure that the agreed Delegates attend at the Location on the Course Date and time to receive the Services. Late arrival or absence for any prolonged duration may result in the Delegate being refused the Services.
  2. Ensure that the Delegates are sufficiently competent to receive the Services.
  3. Withdraw any Delegate from attendance at the Location upon the reasonable request of PandA Training.
  4. Pay the Payments on the due dates for payment.
  5. Pay the cancellation fees in full where applicable.
  6. Where PandA Training arranges for an instructor to deliver Services on the Customer’s premises or site, or under the Client’s control, it is the Customer’s responsibility to ensure that they are protected by sufficient and adequate insurance against employer’s liability and third-party risks arising during, or related to, the supply of service requirements of the Customer.

10. Payment Terms

  1. All fees are in sterling and excluding VAT.
  2. All Customers confirming a booking for Services must pay in full at least ten (10) Working Days prior to the Course Date.
  3. If the Course Date is within ten (10) Working Days, then the Customer must pay in full at the time of confirming the booking for Services.
  4. Customers offered credit account facilities must settle all undisputed invoices within thirty (30) days of the invoice date without demand, deduction or set-off. Training certificates will only be dispatched when payment has been made in full.
  5. PandA Training reserves the right to charge interest on all unpaid invoices at the rate of five percent (5%) over the base rate of the Bank of England prevailing at the date the invoice becomes overdue. In respect of payments by the Customer, time shall be of the essence of this agreement.

11. Cancellation and Transfer Charges

PandA Training reserves the right to cancel or alter the course dates or provision of Service, the Location and the individual organisation providing the Service. In the event of cancellation, the booking will normally be transferred to the next available course unless the Customer specifically requests otherwise.

Where the Customer cancels any Services, or the Delegates fail to attend at the Location on the Course Date to receive the Services, the following charges will be paid by the Customer to PandA Training:

  1. Fees for course cancellations made more than 10 Working Days before the Course Date will be refunded, minus a cancellation fee of £50.00 plus VAT.
  2. Course cancellations made within 10 Working Days of the Course Date, or where Delegates fail to attend the training course on the Course Date, will be charged in full and no refund will be given. Delegate substitutions may be made prior to the course start, given written notice.
  3. No credit, transfer or rebooking credit will be given for any failure to attend a course or arrive before the course start time, for whatever reason. All cancellations must be made in writing. The date that PandA Training receives the written notice of cancellation or amendment will be regarded as the date that the notice has been made and appropriate charges will be applied.

Course transfers only relate to Delegates who are transferring to a different Course Date on the same course. The choice of Course Date must be specified at the time of transfer; otherwise the instruction will be considered a cancellation.

  1. Course transfers made more than 10 Working Days before the Course Date can be made free of charge.
  2. Course transfers made within 10 Working Days before the Course Date can be made at an additional fee of 50% of the original course cost.

12. Force Majeure

  1. Neither party can be liable for any delay or failure to perform its obligations if such failure or delay is due to Force Majeure.
  2. For the purpose of this agreement, Force Majeure means any act, omission, cause or circumstance beyond the reasonable control of either party, and shall include but not be limited to war, rebellion, civil commotion, strikes, lock-outs, industrial disputes, fire, explosion, earthquake, volcanic eruption, act of God, flood, drought or other act or order of any government department, council or other constituted body.

13. Delegate Conduct

PandA Training reserves the right to prevent Delegates from attending a course, or to expel them from a course, if their behaviour is deemed inappropriate or disruptive. The instructor’s word is final.

14. On-Site Training

It is the Customer’s responsibility to ensure that the training facilities, equipment and conditions on their site are appropriate for the Services, as indicated on the appropriate on-site booking form and criteria.

PandA Training and/or designated company representatives reserve the right to abandon, discontinue or rearrange the provision of training where such circumstances prevail that would affect the quality of the training provided. This includes the provision of faulty equipment and plant without relevant test certificates.

In the event of cancellation or reorganisation, the Customer is responsible for the costs incurred.

15. Invalidity of Any Provision

In the event of one or more of these terms and conditions, or any part thereof, being invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining terms and conditions shall not be affected or impaired.

16. Entire Agreement

This agreement constitutes the complete and exclusive statement of the agreement between the parties as to the subject matter hereof and supersedes all previous agreements with respect thereto.

17. General Terms

No variation of these terms and conditions will be effective unless agreed in writing by a Director of PandA Training. All terms other than those expressly set out in this agreement are hereby excluded.

These terms expressly exclude any rights afforded to any third party pursuant to the Contract (Rights of Third Parties) Act 1999.

18. Law and Jurisdiction

The construction, validity and performance of these terms and conditions shall be governed in all respects by the law of England.