Terms and Conditions
Terms and Conditions of Business for the supply of training by UTN Training (a trading style of AFI-Uplift Limited), (hereinafter called "The Company”) are deemed to be accepted by the Client by virtue of a booking or engagement of the services of The Company.
1. The Client accepts responsibility under the various provisions in that behalf contained in the Health and Safety at Work act 1974 and will ensure that all trainees will not contravene any ‘duty’ or instruction imposed by law.
2. Where instructors supplied by the Company operate on the Client's premises or under the Client’s control, it is the Client's responsibility to ensure that they are protected by adequate insurance against employer's liability and third party risks arising during or related to the supply of training requirements of the Client.
3. The Company reserves the right to sub-contract the provision of training to its subsidiaries or associates, and such contractors shall for the purposes of the performance of this contract be in the same position as The Company.
4. We reserve the right not to admit or to expel delegates without liability if in our absolute discretion their behaviour is inconsistent with our reputation or the management of the Course.
5. Each delegate must inform us in writing of any medical condition which may affect them or others (e.g. epilepsy, diabetes). We will keep such information in confidence. In addition for courses which involve physical activity, it is the responsibility of each delegate to take appropriate medical advice that they are lit to take part.
6. The Client will accept full responsibility for all statutory requirements placed upon a Client by the relevant governing bodies and the Acts including the maintenance and safety of vehicles, plant, machinery, lilting equipment, protective clothing and all applicable insurances including any loss, injury or damage sustained during the course of training, or arising out of neglect and/or breach of statutory duty by the Client or in any other way.
7. It is the Client's responsibility to ensure that the training facilities and conditions are appropriate to the training provision. The Company and/or designated company representative reserves the right to abandon/discontinue or rearrange the provision of training where such circumstances prevail that would affect the quality of training to be provided. In the event of cancellation/re-organisation, the Client is responsible for costs incurred.
8. All fees payable in sterling (unless otherwise specified) on or before the course start date. Services will not commence unless payment in full including VAT has been received by The Company. No certificates or course reports will be issued to Clients who hold an account with The Company until payment has been received in full. All payments are to be made within thirty days of invoice date and shall thereafter be subject to the provisions of the Commercial Debts (Late Payment of Invoices) Regulations 1998.
9. The Company reserves the right to make changes to programmes, training, dates and venues at any time as necessary and to alter fees in the light of economic circumstances prevailing at the time. The Company will endeavour to provide a specific Trainer/Consultant for the full period of the course, but this cannot be guaranteed whether for all or any part of the period. The Client accepts that no liability attaches to The Company for not supplying the specific Trainer/Consultant for part or all of the period of the course.
10. The Company accepts no liability for loss except where caused by its own negligence. Such loss shall be limited to the contract value and The Company will not be liable for any further or consequential loss however caused.
11. Where a firm booking is subsequently cancelled, The Company reserves the right to apply the following charges: if the cancellation is made up to 14 days before the course start date, 10% of the course fee; 14 days or less before the course start date, 50% of the fee; 7 days or less before the course start date, the full fee. Cancellations will only be accepted in writing. The date The Company receives the cancellation will be regarded as the date the cancellation has been made and appropriate charges will apply. However, substitutions may be made at any item prior to the course start date.
These Terms and Conditions of Business may only be varied by express agreement in writing by both the Client and a Director of The Company.