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TERMS AND CONDITIONS

Effective Skills Training Ltd - Terms and Conditions of Service

Company Number: 11320492

Registered Address: 92 Westbourne Avenue, Garforth, Leeds, West Yorkshire, LS25 1BX

Email: info@effectiveskillstraining.com

Telephone: 03300433808

Payment Terms: 7 working days from the date of the invoice.

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1. Definitions

In these Terms and Conditions, the following terms shall have the meanings set out below:

  • "Agreement" means the agreement between Effective Skills Training Ltd and the Client for the provision of Training Services, incorporating these Terms and Conditions and any accompanying Proposal or Booking Confirmation.

  • "Booking Confirmation" means the written confirmation issued by Effective Skills Training Ltd to the Client confirming the details of the Training Services to be provided.

  • "Client" means the individual, company, organisation, or other entity purchasing the Training Services from Effective Skills Training Ltd.

  • "Delegate" means the individual(s) nominated by the Client to attend the Training Services.

  • "Intellectual Property Rights" means all patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.   

  • "Proposal" means the written proposal provided by Effective Skills Training Ltd to the Client outlining the Training Services, fees, and other relevant details.

  • "Training Materials" means any documents, presentations, software, or other materials provided by Effective Skills Training Ltd to the Client or Delegates as part of the Training Services, in any format.

  • "Training Services" means the training courses, workshops, consultancy, or other services provided by Effective Skills Training Ltd as described in the Proposal or Booking Confirmation.

  • "Venue" means the location where the Training Services are delivered, which may be Effective Skills Training Ltd’s premises, the Client’s premises, or a third-party venue.

  • "Working Day" means Monday to Friday, excluding bank holidays in England and Wales.

2. Agreement Formation

2.1. These Terms and Conditions apply to all Training Services provided by Effective Skills Training Ltd. 2.2. A binding Agreement between Effective Skills Training Ltd and the Client shall come into existence when the Client accepts a Proposal or submits a booking request (whether online, by email, or by phone) and Effective Skills Training Ltd issues a Booking Confirmation. 2.3. By accepting a Proposal or submitting a booking request, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions. 2.4. In the event of any conflict between these Terms and Conditions and the terms of a Proposal or Booking Confirmation, the terms of the Booking Confirmation shall prevail, followed by the Proposal, and then these Terms and Conditions. 2.5. Effective Skills Training Ltd reserves the right to refuse any booking request at its sole discretion.

3. Provision of Training Services

3.1. Effective Skills Training Ltd will provide the Training Services with reasonable care and skill, in accordance with the description set out in the Proposal or Booking Confirmation. 3.2. Effective Skills Training Ltd reserves the right to make reasonable changes to the content, format, delivery method, and trainers of the Training Services at any time, provided that such changes do not materially affect the overall nature and quality of the Training Services. Effective Skills Training Ltd will notify the Client of any significant changes where reasonably practicable. 3.3. The Client is responsible for ensuring that the Delegates have the necessary skills, knowledge, and experience to participate in the Training Services. 3.4. Delegates are expected to conduct themselves in a professional and respectful manner during the Training Services and to comply with any rules and regulations of the Venue. Effective Skills Training Ltd reserves the right to exclude a Delegate from the Training Services if their conduct is deemed unacceptable. 3.5. Unless otherwise agreed in writing, the provision of Training Services does not guarantee any specific outcome or qualification for the Delegates.

4. Fees and Payment

4.1. The fees for the Training Services shall be as set out in the Proposal or Booking Confirmation. Unless otherwise stated, all fees are exclusive of Value Added Tax (VAT), which will be added at the prevailing rate. 4.2. The Client shall pay the full amount of the invoice within 7 Working Days from the date of the invoice. 4.3. Payment shall be made in pounds sterling (£) to Effective Skills Training Ltd, to the bank account specified in these Terms and Conditions. 4.4. Effective Skills Training Ltd reserves the right to charge interest on overdue invoices at the rate of 4% per annum above the base lending rate of the Bank of England from the due date until the date of actual payment, whether before or after judgment. 4.5. The Client shall be responsible for all costs and expenses incurred by Effective Skills Training Ltd in recovering any overdue payments. 4.6. In the case of public courses, Effective Skills Training Ltd reserves the right to cancel a Delegate's place if full payment has not been received prior to the commencement of the Training Services.

5. Cancellation and Postponement by the Client

5.1. Any cancellation or postponement of Training Services by the Client must be notified to Effective Skills Training Ltd in writing (email is acceptable). 5.2. In the event of cancellation by the Client, the following charges shall apply: * More than 28 Working Days prior to the scheduled start date: No charge, but an administration fee of £50 may be applied. * 15 to 28 Working Days prior to the scheduled start date: 50% of the total fees. * Less than 15 Working Days prior to the scheduled start date: 100% of the total fees. 5.3. In the event of postponement by the Client, the following charges shall apply: * More than 15 Working Days prior to the scheduled start date: No charge for the first postponement, a £50 administration fee will apply for subsequent postponements. The rescheduled date must be within 6 months of the original date. * Less than 15 Working Days prior to the scheduled start date: Treated as a cancellation with the applicable cancellation charges as outlined in clause 5.2, and a new booking will be required. 5.4. Non-attendance of a Delegate at the Training Services shall be treated as a cancellation with no refund due. 5.5. The Client may, with the prior written consent of Effective Skills Training Ltd, substitute a Delegate for another, provided that Effective Skills Training Ltd is notified at least 2 Working Days prior to the commencement of the Training Services. An administration fee of £25 may apply for each substitution.

6. Cancellation and Postponement by Effective Skills Training Ltd

6.1. Effective Skills Training Ltd reserves the right to cancel or postpone the Training Services at any time due to unforeseen circumstances, including but not limited to trainer illness, low enrolment numbers for public courses, or events beyond its reasonable control. 6.2. In the event of cancellation by Effective Skills Training Ltd, the Client shall be entitled to a full refund of the fees paid for the cancelled Training Services, or the option to reschedule the Training Services to a mutually agreed date. Effective Skills Training Ltd shall not be liable for any other costs or losses incurred by the Client as a result of such cancellation. 6.3. In the event of postponement by Effective Skills Training Ltd, Effective Skills Training Ltd will use reasonable endeavours to offer the Client alternative dates for the Training Services. If the alternative dates are not acceptable to the Client, the Client shall be entitled to a full refund of the fees paid for the postponed Training Services.

7. Intellectual Property Rights

7.1. All Intellectual Property Rights in and to the Training Services, Training Materials, and any other materials provided by Effective Skills Training Ltd shall remain the sole and exclusive property of Effective Skills Training Ltd or its licensors. 7.2. The Client and Delegates are granted a non-exclusive, non-transferable license to use the Training Materials solely for their internal training purposes in connection with the Training Services. 7.3. The Client and Delegates shall not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or otherwise use the Training Materials without the prior written consent of Effective Skills Training Ltd. 7.4. The Client acknowledges that any unauthorised use or reproduction of the Intellectual Property Rights may result in legal action.

8. Confidentiality

8.1. Both parties undertake to keep confidential all information of the other party that is disclosed or obtained in connection with the Agreement and that is marked as confidential or is by its nature clearly confidential. 8.2. This obligation of confidentiality shall not apply to information that: * is or becomes publicly known other than through a breach of this clause; * was already in the possession of the receiving party prior to disclosure by the other party; * is independently developed by the receiving party; or * is required to be disclosed by law or a regulatory body. 8.3. This clause shall survive the termination of the Agreement.   

9. Data Protection

9.1. Effective Skills Training Ltd will process any personal data provided by the Client or Delegates in accordance with its Privacy Policy, which is available on its website or upon request. 9.2. The Client warrants that it has obtained all necessary consents from its Delegates for the provision of their personal data to Effective Skills Training Ltd for the purposes of the Training Services.

10. Limitation of Liability

10.1. Nothing in these Terms and Conditions shall exclude or limit the liability of either party for: * death or personal injury caused by its negligence; * fraud or fraudulent misrepresentation; or * any other liability which cannot be excluded or limited under applicable law. 10.2. Subject to clause 10.1, the total aggregate liability of Effective Skills Training Ltd to the Client under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by the Client for the specific Training Services in question. 10.3. Effective Skills Training Ltd shall not be liable for any indirect, consequential, or special loss or damage, including but not limited to loss of profits, loss of business, loss of goodwill, or loss of anticipated savings, even if Effective Skills Training Ltd has been advised of the possibility of such loss or damage. 10.4. Effective Skills Training Ltd shall not be responsible for any loss or damage to personal belongings brought to the Venue by Delegates. 10.5. The Client acknowledges that the Training Services are provided for general guidance and information purposes only, and Effective Skills Training Ltd does not warrant that the Training Services will meet the specific requirements of the Client or Delegates.   

11. Warranties

11.1. Effective Skills Training Ltd warrants that it has the necessary skills, knowledge, and experience to provide the Training Services in a professional manner. 11.2. The Client warrants that the information provided to Effective Skills Training Ltd in connection with the booking of the Training Services is accurate and complete.

12. Indemnity

12.1. The Client shall indemnify and hold harmless Effective Skills Training Ltd, its officers, employees, agents, and subcontractors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: * any breach of these Terms and Conditions by the Client or its Delegates; * any negligent act or omission or wilful misconduct of the Client or its Delegates in connection with the Training Services; * any use of the Training Materials other than as permitted under these Terms and Conditions.   

13. Force Majeure

13.1. Neither party shall be liable for any failure or delay in performing its obligations under the Agreement to the extent that such failure or delay is caused by a Force Majeure Event. 13.2. A "Force Majeure Event" means any event beyond the reasonable control of a party, including but not limited to acts of God, war, terrorism, riot, civil commotion, fire, flood, storm, earthquake, epidemic, pandemic, strike, lockout, or other industrial action, failure of public utilities or transport networks, or any law or government action preventing performance. 13.3. If a Force Majeure Event prevents Effective Skills Training Ltd from providing the Training Services for a period of more than 30 consecutive days, the Client shall have the right to terminate the Agreement by giving written notice to Effective Skills Training Ltd, and Effective Skills Training Ltd shall refund any fees paid by the Client for the Training Services that have not been provided.   

14. Entire Agreement

14.1. These Terms and Conditions, together with the Proposal and Booking Confirmation, constitute the entire agreement between the parties and supersede all prior agreements, arrangements, and understandings between them, whether oral or written, relating to the subject matter hereof. 14.2. The Client acknowledges that it has not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of Effective Skills Training Ltd which is not set out in the Agreement.   

15. Variation

15.1. No variation of these Terms and Conditions shall be effective unless it is in writing and signed by a duly authorised representative of each party.

16. Third Party Rights

16.1. A person who is not a party to the Agreement shall not have any rights under the Contracts (Rights of Third Parties)Act 1999 to enforce any term of the Agreement.   

17. Governing Law and Jurisdiction

17.1. The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. 17.2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).   

18. Notices

18.1. Any notice or other communication given to a party under or in connection with the Agreement shall be in writing and shall be: * delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or * sent by email to the email address specified in these Terms and Conditions or the Booking Confirmation. 18.2. Any notice shall be deemed to have been received: * if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; * if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Working Day after posting; or * if sent by email, at the time of transmission, or, if this falls outside business hours in the recipient's location, when business hours resume. 18.3. This clause does not apply to the service of any proceedings or other documents in any legalaction.   

19. Severance

19.1. If any provision or part-provision of the Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Agreement.   

20. Assignment

20.1. The Client shall not, without the prior written consent of Effective Skills Training Ltd, assign, transfer, charge, subcontract, or deal in any other manner with all or any of its rights or obligations under the Agreement. 20.2. Effective Skills Training Ltd may at any time assign, transfer, charge, subcontract, or deal in any other manner with all or any of its rights or obligations under the Agreement.   

End of Terms and Conditions

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