1.1 The definitions and rules of interpretation in this condition apply in these terms and conditions.
'we', 'us' or 'our': is a reference to (name of person or company providing the services);
'you' or 'your': is a reference to the person to whom we are providing our Services and who is required to pay for the Services we provide;
'Services': means the assistance we will provide in connection with your requirements. The precise Services we will be providing to you will be stated in the quotation and as we agree from time to time.
1.2 Headings in these conditions shall not affect their interpretation.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.5 A reference to writing or written includes faxes and e-mail.
1.6 Any obligation in these Conditions on a person not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done.
2. LEGALLY BINDING CONTRACT
2.1 A contract between you and us will come into being in one of two ways:
2.1.1 When you sign the agreement we and you will enter into a legally binding contract on the date you sign; or
2.1.2 Where you and we agree orally that we should provide the Services then there will be a legally binding contract on the date of our oral agreement.
2.2 We suggest that before you sign the agreement or orally agree to us providing Services that you read through these terms and conditions. If you have any questions concerning them please ask us.
2.3 You should keep a copy of these terms and conditions for your records.
3. PROVIDING THE SERVICES
3.1 Once we and you have entered into a legally binding contract we will normally start providing the Services to you within 48 hours or on a date agreed between us without further discussion with you. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors.
3.2 Our aim is to always provide you with the Services:
3.2.1 Using reasonable care and skill;
3.2.2 In Compliance with commonly accepted practices and standards in accordance with our awarding bodies; and
3.2.3 In compliance with laws and regulations in force at the time we are carrying out the Services.
4 PRICE AND PAYMENT
4.2 Payment for our Services is normally made in two ways, either:
4.2.1 the full fee or an official company purchase order (with fees to be paid within 30 days) must accompany your purchase order or application for the services; or
4.2.2 in a number of staged payments, often involving:
18.104.22.168 the payment of a minimum of £300 before we commence performing the Services; and
22.214.171.124 the payment of the remaining amount we will be charging you in a number of fixed payments paid at regular periods (as per the payment plan issued to you with these conditions, if applicable).
Which option we will use will be indicated on the payment plan agreement.
4.3 All amounts stated (whether orally or in writing) are exclusive of VAT, which will be added at the rate currently in force.
4.4 If you fail to make payment by the date or time we and you agree we may:
4.4.1 charge you interest (at Lloyds Bank's base interest rate plus 4%) on any outstanding amounts if those outstanding amounts remain unpaid for more than 14 days from the date of our invoice or when we asked you first to pay them; and/or
4.4.2 if the amounts not paid represent more than 10% of the total value of the Services we are to perform for you, and there remain some Services which we have not yet performed, then we may suspend performing the remaining Services until you make payment.
4.5 You will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the Services. You will be entitled only to refuse to pay no more than a proportionate amount of any amount due.
4.6 Once payment has been received we will electronically email any course information and login details within 48 hours of receipt.
5.1 It is your responsibility to ensure that any course selected by you is suitable for your requirements. You should have read and understood the course outline and met the necessary prerequisites before engaging our Services.
5.2 If English is not your first language you should ensure that your proficiency in both written and oral English is of a sufficient standard to enable you to meet the demands of any chosen course.
6. CHANGES IN THE COURSE
We cannot accept responsibility for changes to the availability or syllabus content of the accredited courses as set by the awarding body. Should your syllabus be phased out, at any time during your study or assessment period, we can only extend this to the last available date for which your course is valid. If you required to be transferred to a new syllabus you will incur a charge for this as deemed appropriate by us. In the event of changes to the syllabus and assessment criteria, we reserve the right to alter the content or structure of a course without prior notice being given to you.
7. WEB MAINTENANCE
From time to time we are required to maintain our websites and learning platforms. This may interrupt your study time, however we will keep this to a minimum.
8 EXCLUSION AND LIMITATION OF LIABILITY YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
8.1 We do not exclude or limit liability for our negligence or negligent omission which causes you personal injury or death.
8.2 We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by us of this contract. In the event that any loss or damage suffered by you relates to your business activities then we exclude all liability for any business loss and in particular we exclude all liability for loss of profits or other economic loss arising out of a breach of this contract.
8.3 This clause shall survive termination of our contract with you.
9. DATA PROTECTION
We are registered with the Information Commissioners Office for Data Protection. You acknowledge and agree that details of your name, address and payment record may be retained for use by SVT as per the agreement.
10.1 Once we and you enter into a binding contract you will normally not be able to cancel the contract, except where we agree or as otherwise provided for in this contract.
10.2 We do not have to accept your cancellation. However, we may choose to accept cancellation, and if we choose to do so you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered. If you have paid any upfront fees, this will be retained and if our reasonable losses and costs (including loss of profit) are greater than any upfront fee we have retained we will require you to pay for our losses and costs in excess of the amount retained.
10.3 Without limiting our other rights or remedies, we may terminate the contract with immediate effect by giving written notice to you if you:
10.3.1 fail to pay any amount due under the contract on the due date for payment and fail to pay all outstanding amounts within 14 days after being notified in writing to do so; or
10.3.2 commit a material breach of any of the terms of the contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach.
10.4 This clause 10.4 only applies if you are a consumer that has purchased the Services online or via the telephone.
10.4.1 If you are a consumer, you have a legal right to cancel a contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 10.4.2 This means that during the relevant period if you change your mind or for any other reason you decide you do not want use the Services, you can notify us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the contract under these conditions is available from your local Citizens' Advice Bureau or Trading Standards office.
10.4.2 Your legal right to cancel the contract starts from the date your contract starts with us (as per clause 2.1), which is when the contract between us is formed. You have a period of 7 (seven) working days in which you may cancel, starting from the day after the contract starts.
Working days means that Saturdays, Sundays or public holidays are not included in this period.
10.4.3 To cancel the contract, please contact us in writing to tell us by sending an e-mail to email@example.com or by sending a letter to SVT Ltd. 19 Chantry Lane, Grimsby. DN31 2LP. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
11. CONTACTING EACH OTHER
If you wish to send us any notice or letter then it needs to be sent to 19 Chantry Lane, Grimsby, North East Lincolnshire, DN31 2LP and should be marked for the attention of Mandy Pickard. If we wish to send you a letter or notice we will use the address you have given in the agreement.
12 CONTRACTS (Rights of Third Parties) ACT 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
13. FORCE MAJEURE
We shall have no liability to you if we are prevented from, or delayed in performing obligations under the contract or from carrying on business by acts, events, omissions or accidents beyond our reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
14.1 We may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the charges for the Services.
14.2 Subject to condition 14.1, no variation of the contract or these conditions or of any of the documents referred to in them shall be valid unless it is in writing and signed by or on behalf of each of the parties.
15.1 If any provision of these conditions or the contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the contract, and the validity and enforceability of the other provisions of the contract shall not be affected.
15.2 If a provision of the contract (or part of any provision) is found illegal, invalid or unenforceable, the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties' original commercial intention.
16. ENTIRE AGREEMENT
16.1 The contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
16.2 Each party acknowledges that, in entering into the contract, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) (other than for breach of contract), as provided in the Contract.
16.3 Nothing in this condition shall limit or exclude any liability for fraud.
17. NO PARTNERSHIP OR AGENCY
Nothing in the contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
18. LAW AND JURISDICTION
This contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.