terms
STANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS AND SERVICES
DEFINITIONS
In this document the following words shall have the following meanings:
“Agreement” means these Terms and Conditions together with the terms of any applicable Specification Document
“Customer” means the organisation or person who purchases goods and services from Ethical Learning. “Delegate” means the organisation or person who purchases goods and services from Ethical Learning.
“Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable.
“Specification Document” means a statement of work, quotation or other similar document describing the goods and services to be provided by the supplier
“Supplier” means Ethical Learning.
1 GENERAL
1.1 These Terms and Conditions shall apply to all contracts for the supply of goods and services by Ethical Learning to the Customer.
2 PRICE AND PAYMENT
2.1 Invoiced amounts shall be due and payable within 30 days of receipt of invoice unless a payment agreement has been arranged with Ethical Learning. Ethical Learning.is entitled to charge interest on overdue invoices from the date when payment becomes due at the rate of 1% per annum above the base rate of the Bank of England after 60 days of an invoice not being paid.
2.2 Ethical Learning is not liable to refund fee differences that may arise due to delegates booking at different times, discounts etc.
2.4 A booking will only be secured when full payment has been received or a payment plan has been agreed by both parties before the first day of any seminar/course.
2.5 Payment plans must be agreed with Ethical Learning in advance of the start of a course.
2.6 Should a purchase order be required for payment of the invoice, it is the responsibility of the customer / delegate to ensure that Ethical Learning has the full details and agreed purchase order before the products or services are supplied.
3 CANCELLATION POLICY
3.1 Once a booking is confirmed a fee of 50% of the course cost will apply should it be necessary to cancel any booking between 25 and 6 working days prior to the course start date. A fee of 100% of the course cost will apply to cancellations made up to 5 working days before the course start date.
3.2 Substitutions may be made at any time prior to the course start date at no charge.
3.3 Transfers – a transfer may be made to an alternative course subject to availability and the following conditions. Between 25 and 6 working days prior to the course start date a 30% fee of the course cost will apply and up to 5 working days prior to the course start date a 50% fee of the course cost will apply.
3.4 Ethical Learning reserves the right to cancel training courses at any time without liability. In these circumstances, participants will be offered an alternative date. Ethical Learning is not liable for any expenses incurred unless the course is cancelled on the day the course is due to be delivered, when we will refund expenses up to £25 on production of original expense receipts. Ethical Learning will not compensate for time spent travelling or away from the workplace.
4 SEMINARS / COURSES
4.1 Ethical Learning endeavours to deliver learning events of the highest standard and reserves the right to change the published delivery dates, times, venue, training material and/or trainer if it is deemed necessary to maintain this standard or in circumstances beyond the control of Ethical Learning.
4.2 If, due to circumstances beyond the control of Ethical Learning a published course of more than one day is cancelled after the start date of that course and before the completion date, pre-paid course fees will be refunded in full minus the value of the parts of that course that have already been delivered by Ethical Learning.
4.4 If there are changes to the published venue, dates and/or times Ethical Learning will endeavour to advise you with sufficient notice,
4.4 Ethical Learning shall not be liable for any loss, costs, damages, or expenses caused directly or indirectly for any delay in the delivery of any seminar or any course.
4.5 Most public access seminars /courses delivered by Ethical Learning are recorded via film for quality assurance and review purposes. These recordings are the property of Ethical Learning.
4.6 If you are not happy with any aspect of your training or the service of Ethical Learning please contact Ethical Learning directly by phone 08448117461 or email at This email address is being protected from spambots. You need JavaScript enabled to view it.
4.7 Accommodation and subsistence costs are only included in the course fees where stated, if not explicitly included in course descriptions they are not the responsibility of Ethical Learning. Travel costs are not included in any course fees are not the responsibility of Ethical Learning.
4.8 There is no time limit to completing an Ethical Learning course unless this is specified in the course programme.
5 SPECIFICATIONS
5.1 For the avoidance of doubt no description, specification or illustration contained in any product pamphlet or other sales or marketing literature of Ethical Learning and no representation written or oral, correspondence or statement shall form part of the contract.
5.2 No unauthorised use of the Ethical Learning logo is permitted at anytime.
6 CUSTOMER’S OBLIGATIONS
6.1 To enable Ethical Learning to perform its obligations under this Agreement the Customer shall:
6.1.1 co-operate with Ethical Learning;
6.1.2 provide any information reasonably required by Ethical Learning
6.2 In the event that the Customer or any third party, not being a sub-contractor of the Ethical Learning, shall omit or commit anything which prevents or delays Ethical Learning from undertaking or complying with any of its obligations under this Agreement, then Ethical Learning shall notify the Customer as soon as possible and:
6.2.1 Ethical Learning shall have no liability in respect of any delay to the completion of any project;
6.2.2 If applicable, the timetable for the programme will be modified accordingly;
6.2.3 Ethical Learning shall notify the Customer at the same time if it intends to make any claim for additional costs.
7 ALTERATIONS TO THE SPECIFICATION DOCUMENT
7.1 The parties may at any time mutually agree upon and execute new Specification Documents. Any alterations in the scope of the programmes to be provided under this Agreement shall be set out in the Specification Document, which shall reflect the changed goods and/or services and price and any other terms agreed between the parties.
8 LIMITATION OF LIABILITY
8.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of Ethical Learning to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.
8.2 In no event shall Ethical Learning be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
8.3 Nothing in these Terms and Conditions shall exclude or limit Ethical Learning’s liability for death or personal injury resulting from the Ethical Learning’s negligence or that of its employees, agents or sub-contractors.
9 INTELLECTUAL PROPERTY RIGHTS
9.1 All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of Ethical Learning.
10 INDEPENDENT CONTRACTORS
10.1 Ethical Learning and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Ethical Learning may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Customer and such engagement shall not relieve Ethical Learning of its obligations under this Agreement or any applicable Specification Document.
11 ASSIGNMENT
11.1 The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of Ethical Learning.
12 WAIVER
12.1 The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at anytime subsequently to enforce all Terms and Conditions of this Agreement.
13 NOTICES
13.1 Any notice to be given by either party to the other may be served by email, Personal service or by post to the address of the other party given in the Specification Document or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
14 ENTIRE AGREEMENT
14.1 This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
14 NO THIRD PARTIES
15.1 Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
16 GOVERNING LAW AND JURISDICTION
16.1 This Agreement shall be governed by and construed in accordance with the English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
Ethical Learning
7 East Street,
Fareham,
Hampshire PO16 0BW