Terms & conditions of business

Definitions

1. a)
   “Delegates” means those persons identified by the customer to Adapt (UK) Training Services who will attend at the Location to receive the Services;
2. b)
   “Cancellation Charges” means the cancellation charge to be paid by The Customer to Adapt (UK) Training Services more particularly defined in clause 11 hereof;
3. c)
   “Course Date” means the scheduled date of the specific training course;
4. d)
   “Location” means the place at which the Services will be provided;
5. e)
   “Payments” means the amounts to be paid by The Customer to Adapt (UK) Training Services;
6. f)
   “Services” means the services to be provided by Adapt (UK) Training Services to The Customer;
7. g)
   “Working Days” means days between and including Monday to Friday and do not include public holidays and weekends;
8. h)
   “Consumer” means a Customer who is an individual booking the Services wholly or mainly for purposes outside their trade, business, craft or profession;
9. i)
   “Customer” means the business or private individual who books the Services.

Interpretation

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

Appointment

1. a)
   All booking forms must be completed and returned within forty eight (48) hours. Unless –
2. b)
   Where the Course Date is within 10 working days all booking forms must be returned within twenty four (24) hours. Unless –
3. c)
   Where the Course Date is the next working day the booking form must be returned within two (2) hours or by the close of business (whichever is sooner).
4. d)
   Booking forms not returned to Adapt (UK) Training Services and confirmed are liable to cancellation without notice.
5. e)
   The Customer appoints Adapt (UK) Training Services to provide the Services in return for the Payments.

Adapt (UK) Training Services obligations

Adapt (UK) Training Services shall:

1. a)
   Undertake reasonable endeavours to provide the Services at the Location on the Course Date. Adapt (UK) Training Services reserves the right to make reasonable variations to courses, including the content and location, without notice.
2. b)
   Exercise reasonable skill, care and diligence in providing the Services.
3. c)
   All Services provided will be delivered in English.

VAT, Duties or Taxes

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

Intellectual Property Rights and Data Protection

All copyright and other intellectual property rights in all specifications, drawing, illustrations, diagrams and other documents issued by Adapt (UK) Training Services will remain the property of Adapt (UK) Training Services and may not be reproduced without permission.

The policy of Adapt (UK) Training Services with respect to data protection is detailed on its website (www.adapt-training.co.uk), which should be read in conjunction with these terms.

Indemnity

Adapt (UK) Training Services shall indemnify The Customer against any claim for death or personal injury without limit caused by the negligence or breach of statutory duty of Adapt (UK) Training Services, its servants or agents.

Limitation of liability

Subject to clause 7 hereof the total liability of Adapt (UK) Training Services 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 Adapt (UK) Training Services under this agreement.

Adapt (UK) Training Services shall not be liable for indirect or consequential loss, howsoever caused.

1. a)
   Adapt (UK) Training Services may assign or subcontract the whole or any part of the Services.
2. b)
   Training end times may vary dependent on the experience and ability of the delegates.
3. c)
   Certificates will be dispatched within twenty eight (28) days of the Course Date, however, Training Certificates will only be dispatched when payment has been made in full.

The Customer’s obligations

The Customer shall:

1. a)
   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. b)
   Ensure that the delegates are sufficiently competent to receive the Services;
3. c)
   Withdraw any delegate from attendance at the Location upon the reasonable request of Adapt (UK) Training Services;
4. d)
   Pay the Payments on the due dates for payment;
5. e)
   Pay the Cancellation Charges in full where applicable.
6. f)
   Where Adapt (UK) Training Services arranges for an instructor to deliver services on the Customer’s premises or site or under the Clients 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.

Payment Terms

1. a)
   All fees quoted are in sterling and excluding VAT.
2. b)
   All Customers confirming a booking for Services must pay in full at least 10 working days prior to the Course Date.
3. c)
   If the Course Date is within 10 working days then the customer must pay in full at the time of confirming the booking for Services.
4. d)
   Customer’s offered credit account facilities must settle all undisputed invoices within thirty days (30) of the invoice date without demand, deduction or set off. Training Certificates will only be dispatched when payment has been made in full.
5. e)
   Adapt (UK) Training Services reserves the right to charge interest on all unpaid invoices at the rate of five per cent (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 the essence of this agreement.

Cancellation and Transfer Charges

Adapt (UK) Training Services reserves the right to cancel or alter the Course Dates or Provision of Service, the Location and the individual or organisation providing the Service. In 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 Adapt (UK) Training Services:

1. a)
   Cancellations made more than 10 working days before the Course Date will be refunded in full, with no cancellation charge.
2. b)
   Cancellations made within 10 working days of the Course Date will be charged in full and no refund will be given.
3. c)
   No credit, transfer or rebooking credit will be given for any failure to attend a course or arrive before the event start time, for whatever reason. (All cancellations must be made in writing. The date that Adapt (UK) Training Services Ltd 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 the 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. 1.
   Course transfers made more than 10 working days before the course date can be made free of charge.
2. 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.
3. 3.
   No transfers will be permitted on the Course Date.

Name changes – the Customer may substitute a different delegate free of charge at any time, including on the Course Date, provided no training has yet taken place. Where a name change is made, the Customer must ensure that the new delegate is suitable for the course, including having the experience required to take part.

Bookings by private individuals (Consumers)

This clause applies if you book as a Consumer. It applies in addition to the rest of these terms and conditions and, where there is any conflict, this clause takes priority.

1. a)
   Your right to cancel. You may cancel your booking within 14 days of the day we confirm it, without giving any reason and without paying a cancellation fee.
2. b)
   How to cancel. Tell us clearly in writing – by email to bookings@adapt-training.co.uk or through our contact form – that you wish to cancel.
3. c)
   Courses that start within 14 days. If you ask us to provide the Services on a Course Date within the 14-day cancellation period, you may still cancel, but you must pay for any part of the Services provided before you told us you were cancelling. Once the Services have been fully provided, the right to cancel ends.
4. d)
   Refunds. We will refund any money due to you within 14 days of being told you are cancelling, using the same payment method you used.
5. e)
   After 14 days. Once the 14-day cancellation period has ended, the cancellation and transfer charges in clause 11 apply.
6. f)
   Your legal rights. Nothing in these terms and conditions affects your legal rights under the Consumer Rights Act 2015, including your right to have the Services provided with reasonable care and skill.
7. g)
   Our responsibility to you. Clause 8 applies to Consumers only so far as the law allows. We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill. We do not exclude or limit our liability for death or personal injury caused by our negligence, or for fraud. We are not responsible for business losses.
8. h)
   Bookings by a business. This clause does not apply where a business books training for its employees or other delegates.

Force Majeure

1. a)
   Neither party shall be liable for any delay or failure to perform its obligations if such failure or delay is due to Force Majeure.
2. b)
   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.

Delegate Conduct

Adapt (UK) Training Services Ltd reserves the right to prevent delegates from attending a course, or to expel them from a course if their behaviour is deemed as inappropriate or disruptive. The instructor’s word is final.

Adapt (UK) Training Services Ltd also reserves the right to remove a delegate from a course where the delegate does not have sufficient experience for the course or does not comply with the course instructions.

Where a delegate is prevented from attending or removed from a course under this clause, the full course charge will apply and no refund, credit or transfer will be given.

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 onsite booking form and criteria.

Adapt (UK) Training Services Ltd and/or designated company representatives reserves 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 cancellations/re-organisation, the Customer is responsible for the costs incurred.

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.

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.

General Terms

No variation of these terms and conditions will be effective unless agreed in writing by a Director of Adapt (UK) Training Services. All terms other than those expressly set out in this agreement are hereby excluded. These terms expressly exclude any rights afforded any third party pursuant to the Contract (Rights of Third Parties) Act 1999.

Law and Jurisdiction

The construction, validity and performance of these terms and conditions shall be governed in all respects by the law of England and Wales. If you are a Consumer living in Scotland or Northern Ireland, you may also bring proceedings in your local courts.