The definitions and rules of interpretation in this condition apply in these terms and conditions
“Business Day”: any weekday save for any bank or public holiday.
“Client”: the person, firm or company set out in the Quotation who purchases Services from the Supplier.
“Client’s Equipment”: any equipment, systems, cabling or facilities provided by the Client and used directly or indirectly in the supply of the Services.
“Contract”: the Client’s purchase order and the Supplier’s acceptance of it, or the Client’s acceptance of a quotation for Services by the Supplier.
“Deliverables”: all Documents, products and materials developed by the Supplier or its agents, subcontractors, consultants and employees in relation to the Services in any form, including computer programs, data, reports and specifications (including drafts).
“Document”: includes, without limitation, in addition to any document in writing, any drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information in any form.
“In-put Material”: all Documents, information and materials provided by the Client relating to the Services including (without limitation), [computer programs, data, reports and specifications.
“Intellectual Property Rights”: all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
“Pre-existing Materials”: all Documents, information and materials provided by the Supplier relating to the Services which existed prior to the commencement of the Contract including computer programs, data, reports and specifications.
“Quotation”: the Supplier’s quotation for the provision of the Services to which these Conditions are appended.
“Services”: the services to be provided by the Supplier under the Contract as set out in the Quotation, together with any other services which the Supplier provides, or agrees to provide, to the Client.
“Supplier”: Inspire Training Academy.
“Supplier’s Equipment”: any equipment, including tools, systems, cabling or facilities, provided by the Supplier or its subcontractors and used directly or indirectly in the supply of the Services which are not the subject of a separate agreement between the parties under which title passes to the Client.
“Term”: the period for the provision of the Services set out in the Quotation.
“VAT”: value added tax chargeable under English law for the time being and any similar additional tax.
- Confirmation of Bookings
A short email acknowledgement will be issued on submitting an online booking form. Please note this is not confirmation of the course going ahead, this is just acknowledging your request to attend the course.
The full course confirmation will be sent direct to the delegate via email no later than two weeks prior to the start date of the course.
Course confirmation details will include details of the training venue, start and finish times and what delegates are required to bring with them.
Inspire Training Academy will not be responsible for costs incurred if the course has not been fully confirmed in writing.
Any prices quoted to the Customer for the provision of Public Courses will be based on prevailing price lists in force at that time. Such price lists are subject to change and amendment at any time.
Prices quoted for Public Courses which are run from an Inspire Training Academy Venue include fees but exclude any required overnight accommodation where applicable which will be subject to a separate fee and terms and conditions.
Prices quoted for the provision of In-house training or Consultancy are provided on a bespoke basis, dependent on the Customers’ requirements on a job by job basis, and are only valid for 30 days from the date of any written quote.
- Paying by Credit Card
All fees are quoted exclusive of VAT, which will be charged at the prevailing rate. Through credit or debits cards such as MasterCard, Verve or Visa. All fees quoted are for the provision of services only and exclude any travel or subsistence or other expenses which, other than mileage, will be payable by the Customer in accordance with Inspire Training Academy internal expenses policy. Such travel and subsistence will be recharged to the Customer at cost. Mileage will be recharged to the Customer at 65 pence per mile.
In consideration for the payment of the fees by the Client, the Company shall provide the Services. The Company shall use reasonable endeavors to ensure that all software introduced onto the Client’s machines will be free of computer viruses and has undergone virus checking procedures in line with the Company’s current practice.
- Disclaimers and Limitations of Liability
Notwithstanding any contrary provision in an Agreement, neither party limits or excludes its liability in respect of:
- any death or personal injury caused by its negligence;
- any fraud or fraudulent misrepresentation; or
- Any statutory or other liability which cannot be excluded under applicable law.
The Company shall not be liable to the Client for any loss of profit or loss of revenue arising out of or in connection with
- an Agreement; or
- any breach or non-performance of an Agreement,
No matter how fundamental (including by reason of that party’s negligence).
The Company shall not be liable to the Client for:
- any indirect loss;
- any loss of goodwill, business, reputation or opportunity;
- any loss caused by supply of inaccurate or incomplete information by the Client; or
- any loss of or corruption of data or software,
in each case arising out of or in connection with an Agreement or any breach or non-performance of it no matter how fundamental (including by reason of that party’s negligence) whether or not that party had been informed of or was aware that there was a serious possibility of such loss.
- Force majeure: The Company shall be entitled to delay or cancel delivery of Services, or to reduce the amount of Services delivered, if it is prevented from or hindered in or delayed in the provision of Services through any circumstances beyond its reasonable control including strike, lock-out, accident, war, government action, national emergency, act of terrorism, protest, riot, civil commotion, explosion, flood, epidemic, or fire. The Company shall not be liable for any delayed or non-performance of its obligations caused by circumstances beyond its reasonable control.
- Relationship of parties: The parties are independent contractors. Nothing in this Agreement shall give rise to a partnership, joint venture, agency or any such other relationship between the parties. Neither party shall claim to be a legal representative, partner, agent, franchisee or employee of the other party.
Cancellation charges including those levied for transfers, deferrals or postponements of services are charged in accordance with the table of charges set out below. All charges are exclusive of VAT.
Charges are applied to the full list price of any course or standard day rates in force at the date of cancellation.
All cancellations, transfers, deferrals or postponements must be received in writing by Inspire Training Academy.