Terms and Conditions
Terms and Conditions v1.1 2012 (“Terms”)
1.1 In these Terms, the following meanings will have the following definitions: -
|Attendee:-||The person attending the course whether to client or otherwise|
The person placing the Order
The contract between Tactical Sales Training (TST) and the Client
Any scheduled training course as detailed in section 2.1Any on-site or consultancy related order as detailed in section 2.1
As detailed in section 5.6 – Full Payment due at least 28 Days Prior.
|TST:-||Tactical Sales Training Ltd (7386818); registered office: 4 Cedar Park, Cobham Road, Ferndown Industrial Estate, Wimborne, Dorset BH21 7SF|
|Order:-||The order to purchase a Course or other service whether verbal or otherwise, as detailed in the Acknowledgement of Order (detailed in clause 2.1)|
2. HOW THE CONTRACT IS FORMED BETWEEN TST AND THE CLIENT
2.1 A Client’s Order or acceptance of a quotation for the provision of Courses or other Services by TST constitutes an offer by the Client to purchase the Courses or Services detailed in it on these Terms. TST will send the Client an “Acknowledgement of Order” email on receipt of the Client’s Order. Accepting payment or issuing an Acknowledgement of Order does not constitute acceptance by TST of the Client’s offer. Any such offer by the Client to purchase any of TST’s Courses or Services is accepted and the Contract between the Client and TST for the provision of the Course or Service on these Terms will be formed on the issue of an appropriate invoice by TST. If TST refuses the offer for any reason, it will notify the Client as soon as possible and refund in full any sums paid to it.
2.2 The Clients booking will be acknowledged but Order Confirmation will be issued only when the full balance (as notified to the Client) is received in full at least 28 Days Prior to the booked Course or Service date(s). TST may refuse to accept an Order for any other reason.
3. CONSUMER RIGHTS
3.1 Nothing in these Terms affects the Client’s statutory rights as a consumer.
3.2 If the Client is contracting as a consumer, it may cancel a Contract at any time within seven working days; beginning on the day after it receives the Order Confirmation. In this case, the Client will receive a full refund of the price paid for the Courses (including any Deposit paid). To cancel a Contract, the Client must inform TST in writing.
4.1 TST warrants to the Client that the Courses or Services will be provided using reasonable care and skill. All other warranties whether express or implied are hereby excluded to the fullest extent permitted by law.
4.2 All copyright and other intellectual property in the Courses and any course materials shall at all times belong to TST.
4.3 TST reserves the right to cancel and/or amend Course or Service dates, times, contents, venues and speakers in emergencies or for Force Majeure Events (as detailed in clause 9). Every effort will be made to give the Client as much notice as possible and to offer a reasonable alternative. If the alternative is not satisfactory to the Client, TST shall offer a refund of any sums paid by the Client, in full and such refund shall be the sole remedy of the Client.
4.4 TST reserves the right in its sole discretion to remove from the Course any Attendee who is disruptive to other attendees, fails to make payment under clause 2.2, breaches health and safety guidelines or endangers themselves or others, if they arrive excessively late or miss any part of the course. Where an Attendee is asked to leave the course for the above reasons no refund will be given.
4.5 Refunds will not be given where an Attendee asks to leave the course during the Course for any of the above reasons.
5. PRICE AND PAYMENT
5.1 Course or other Service prices will be as quoted on the website from time to time, except in cases of obvious error. Course prices are liable to change at any time, but changes will not affect orders in respect of which TST has already sent the Client an Order Confirmation.
5.2 Course prices are exclusive of VAT unless otherwise stated. However, if the rate of VAT changes after the Order has been placed, TST will adjust the VAT payable in respect of any outstanding payments.
5.3 Despite TST’s best efforts, some of the Courses listed on the website may be incorrectly priced. TST will normally verify prices as part of TST’s order processing procedures so that, where a Course’s correct price is less than TST’s stated price, TST will charge the lower amount when TST sends the Order Confirmation to the Client. If a Course’s correct price is higher than the price stated on TST’s website, TST will normally, at its discretion, contact the Client for instructions before sending the Order Confirmation, or reject the Order and notify the Client that TST is rejecting it in which case TST will refund any sums paid by the Client in full.
5.4 If the pricing error is obvious and unmistakeable and could have reasonably been recognised by the Client as an error, TST does not have to provide the Courses to the Client at the incorrect (lower) price.
5.5 Payment for all Courses or Services must be by credit or debit card, bank transfer or cheque. Payments with all major credit or debit cards are accepted and our bank details can be found on your invoice.
5.6 The balance of the full Course or Service fee must be paid no less than 28 days before the Course or Service start date or TST reserves the right without prejudice to any other rights or remedies, to prohibit the Attendee from attending the Course on the start date.
6. CANCELLATION AND REFUNDS
6.1 Where notice to cancel a course by the Client is given to TST in writing up to 30 days before the start date of a Course, TST will refund any sums paid by the Client less the Deposit, which will be retained as an administration fee.
6.2 Where notice to cancel a course by the Client is given at any time less than 30 days before the start date of a Course, TST reserves the right to retain or charge (as the case may be) the full course price including without limitation, any Deposit unless the Client can provide a suitable substitute Attendee.
6.3 Where any payment is retained by TST under these Terms, the Client shall be entitled to transfer the monies to another Course within 6 months of written notice of cancellation of the previous course. The Client may only transfer the Deposit once.
6.4 Nothing in this clause affects the statutory right of cancellation of a consumer or any other statutory rights of a consumer.
7. TST LIABILITY
7.1 Subject to clause 7.3, if TST fails to comply with these Terms, TST shall only be liable to the Client for the purchase price of the Courses and, subject to clause 7.2, any losses that the Client suffers as a result of TST’s failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
7.2 Subject to clause 7.3, TST will not be liable for losses that result from TST’s failure to comply with these Terms that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 7.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 7.2.
7.3 Nothing in this agreement excludes or limits TST’s liability for:
(a) death or personal injury caused by TST’s negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective goods under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for TST to exclude or attempt to exclude TST’s liability.
8. CLIENT LIABILITY
8.1 The Client shall indemnify TST and keep TST indemnified against all losses, costs (including legal costs), actions, awards, damages, expenses, liabilities, interest, proceedings, fines, penalties or taxation which TST may incur as a result of the Client and/or the Attendees damage to TST property and/or the Course or Service location.
9. EVENTS OUTSIDE TST’S CONTROL
9.1 TST will not be liable or responsible for any failure to perform, or delay in performance of, any of TST’s obligations under a Contract that is caused by events outside TST’s reasonable control. (“Force Majeure Event”).
9.2 TST’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and TST will have an extension of time for performance for the duration of that period. TST will use TST’s reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which TST’s obligations under the Contract may be performed despite the Force Majeure Event.
10. DATA PROTECTION
11.1 All notices given by the Client to TST must be given to TST at TST’s registered office from time to time. TST may give notice to the Client at either the e-mail or postal address provided to TST when placing an order. Notice will be deemed received and properly served immediately when posted on TST’s site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
11.2 This Contract is binding on the parties and TST’s respective successors and assigns. TST may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of TST’s rights or obligations arising under it, at any time during the term of the Contract.
11.3 This Contract represents the entire agreement between the parties and supersedes all earlier warranties, representations, statements or agreements (whether written or oral). The Client acknowledges that in entering into this Contract, it has not relied on any, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Contract or not) other than as expressly set out in this Contract as a warranty.
11.4 The parties intend that any person who is not a party to this Contract shall not have any rights under the Contracts (Rights of Third parties) Act 1999 (the “TPA”) to enforce any term of this Contract , but this does not affect any right or remedy of a third party which exists, or is available, apart from the TPA.
11.5 If any provision is found by any Court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity shall not affect the rest of the Contract, which shall remain in full force and effect.
11.6 Failure by TST to exercise or enforce any of its rights or remedies under this Contract shall not constitute a waiver of any such right or remedy, nor shall it prevent the exercise or enforcement of the right or remedy at any time. A waiver by TST of any default will not constitute a waiver of any subsequent default.
11.7 No waiver by TST of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to the Client in writing in accordance with clause 11.6 above.
11.8 If a dispute arises between the parties in relation to the Contract in any way, the parties shall first try in good faith to amicably resolve the dispute within 28 working days of the dispute arising.
11.9 Subject to clause 11.8, this Contract and any dispute arising out of or in connection with its subject matter or formation shall be governed by and construed in accordance with English law and the parties submit to the courts of England & Wales having exclusive jurisdiction in relation to such.
12. ACCOMMODATION .
If TST agrees with the Client to provide overnight accommodation for their Attendees TST accepts no liabilities for any loss, damage, injury or misfortune sustained whilst in that accommodation. Your statutory rights with the accommodation provider itself are unaffected and should be checked with them directly.
12.1 Accommodation includes an overnight stay in a hotel either on-site or very close to the Course venue.
12.2 Accommodation is inclusive of ‘Bed & Breakfast’ only unless otherwise stated in writing by TST. No evening meal or any drinks are included. Charging items to your room is not permitted by TST who will not accept any liability for any additional costs incurred by the Attendee. Any items charged to the room will need to be paid before you leave the site.
12.3 TST will organise and pay for any agreed accommodation on behalf of the Client however the booking itself will be made under the name of the Attendee.
12.4 The accommodation provider reserves the right in its sole discretion to remove from the premises any Delegate who is disruptive to other guests, breaches health and safety guidelines, endangers themselves or others, misuses drugs or alcohol. Where an Attendee is asked to leave the accommodation for the above reasons no refund will be given and no alternative will be provided by TST