Terms and conditions

Website Terms and Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Motor Skills Training Ltd’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The use of this website is subject to the following terms of use:

  1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  2. This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties: [insert list of information].
  3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  6. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  7. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  8. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  9. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

Terms of business for training

Training Course TERMS & CONDITIONS

Issue 1 January 2020

Contents

1. Meanings

2. Provision of Training or Assessment

3. Payment and Charges

4. Cancellation Charges

5. Warranty and Limitation of Liability

6. Intellectual Property

7. Termination

8. Consequences of Termination

9. Confidentiality and Data Protection

10. Governing Law

11. Notices

12. Entire Agreement

13. General

1. Meanings

In these terms and conditions:

  1. “Agreement” means the Agreement for RHEL (Ralph Hosier Engineering Ltd.) and/or Motor Skills Training Ltd. to provide Training or Assessment to the Client as set out in the Booking and the Conditions;
  2. “Conditions” shall mean these Terms and Conditions;
  3. “Client” means the delegate, lead contact/delegate, attendee, client/purchaser or company to whom or which RHEL / Motor Skills Training Ltd. has agreed to provide the Training or Assessment
  4. “Booking” means the booking and booking confirmation detailing the Training or Assessment that the Client has purchased from RHEL / Motor Skills Training Ltd.
  5. “Training” means the training course or on-line training product that RHEL / Motor Skills Training Ltd. has agreed to supply to the Client;
  6. “Assessment” means the assessment in relation to a training course or on-line product that RHEL / Motor Skills Training Ltd. has agreed to supply to the Client;
  7. “Training or Assessment Materials” means the training or assessment materials provided in relation to a training course or on-line product.

2. Provision of Training or Assessment

  1. All Training or Assessment supplied by RHEL / Motor Skills Training Ltd. to the Client is subject to these Conditions. Save in respect of RHEL / Motor Skills Training Ltd.’s rights under condition 10) any changes or additions to the Training or Assessment or the Conditions must be agreed in writing between an authorised officer of RHEL / Motor Skills Training Ltd. and the Client.
  2. RHEL / Motor Skills Training Ltd. shall supply the Training or Assessment in accordance with the Booking subject to these Conditions. In the event of any conflict between the Booking and these Conditions, these Conditions shall apply.
  3. Where Training or Assessment is to be provided at the Client’s premises or other location specified by the Client, the Client shall be responsible for ensuring that the premises or location does have the necessary facilities as specified by RHEL / Motor Skills Training Ltd. in Booking to ensure that the Training or Assessment can be adequately provided.
  4. If an insufficient number of bookings are received for any Training or Assessment, or for any other reason, RHEL / Motor Skills Training Ltd. reserves the right to cancel that Training or Assessment and either offer an alternative date, or to refund any pre-paid funds in full.
  5. Where the Client is a lead contact for an organisation they shall provide RHEL / Motor Skills Training Ltd. with the contact details of all the Clients from that organisation who will be attending the Training or Assessment at the time of booking. Ensuring the notification and attendance of all Clients at scheduled Training or Assessment events shall remain the sole responsibility of the Client where they have created the booking on behalf of others.
  6. The Client is responsible for ensuring that they or each Client they have made the booking for has a suitable level of skill and competence to participate in the Training or Assessment. RHEL / Motor Skills Training Ltd. does not accept any responsibility for Clients that fail the Training or Assessment due to having an inadequate or inappropriate background or skill level for the Training or Assessment.
  7. The Client is responsible for ensuring that they or Clients they have booked onto Training or Assessment are able to complete the Training and any related Assessment; any circumstances which may adversely affect a Clients performance (such as illness) must be notified in advance to RHEL / Motor Skills Training Ltd. even if this falls on the day the Training or Assessment occurs.
  8. RHEL / Motor Skills Training Ltd. reserves the right to make changes to the Training or Assessment which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Training or Assessment.
  9. Where health and safety legislation places any onus on the Client, such obligations shall be the sole responsibility of the Client.
  10. RHEL / Motor Skills Training Ltd. reserve the absolute right to refuse provision of Training or Assessment to the Client.

3. Payment and Charges

  1. The Client shall pay RHEL / Motor Skills Training Ltd. as set out in the invoice or as subsequently updated and notified to the Client in writing by RHEL / Motor Skills Training Ltd. in accordance with these Conditions promptly without deduction, withholding or set-off.
  2. If any deduction or withholdings are due to be made from any fees, the Client shall be obliged to pay RHEL / Motor Skills Training Ltd. such sum as well after the deduction of withholding has been made, equal to the amount due to be paid to RHEL / Motor Skills Training Ltd. in the absence of any requirement to make a deduction or withholding.
  3. All fees for Training and Assessment must be paid in advance of the Training or Assessment at the time of booking, excepting where this is not possible and an invoice is required. Where RHEL / Motor Skills Training Ltd. have granted invoice and credit terms to the Client payment must be made by the due date. RHEL / Motor Skills Training Ltd. reserve the right to refuse entry to the Training or Assessment, and/or withhold certificates if fees have not been paid on time.
  4. RHEL / Motor Skills Training Ltd. has the right to charge daily compound interest at the annual rate of 5% above the base rate of the Bank of England upon any sums due but unpaid.
  5. The sourcing and booking of accommodation is the sole responsibility of the Client.
  6. Any costs incurred in relation to the booking and payment of accommodation is the sole responsibility of the Client.
  7. Any costs incurred in relation to travel to and from the Training and Assessment venue are the sole responsibility of the Client.

4. Cancellation Charges

  1. In the event that the Client cancels Training or Assessment, or fails to attend Training or Assessment, or has booked onto Training or Assessment Clients who fail to attend Training or Assessment, the following cancellation charges will apply:
  2. If such notice is delivered at least 20 working days before commencement of the Training or Assessment , the Client shall pay to RHEL / Motor Skills Training Ltd. 25% of the full Training or Assessment fee, including the costs of any associated ancillary Training or Assessment service provision; or
  3. If such notice is delivered at least 16 working days but less than 20 working days before commencement of the Training or Assessment , the Client shall pay to RHEL / Motor Skills Training Ltd. 50% of the full Training or Assessment fee including the costs of any ancillary Training or Assessment service provision; or
  4. If such notice is delivered 15 working days or less before commencement of the Training or
  5. Assessment the Client shall pay to RHEL / Motor Skills Training Ltd. 100% of the full Training or Assessment fee, including the costs of any ancillary Training or Assessment service provision; or
  6. In the event the Client fails to attend Training or Assessment without prior notice, or has booked on behalf of others who fail to attend Training or Assessment without prior notice the Client shall pay to RHEL / Motor Skills Training Ltd. 100% of the full Training or Assessment fee, including the costs of any ancillary Training or Assessment service provision.
  7. An administration charge (per person) may be levied if Training or Assessment is rescheduled at the Client’s request. In the event that the Client re-books on an alternative date RHEL / Motor Skills Training Ltd. May in its absolute discretion waive any administration charge being dependent on the type of Training or Assessment supplied.
  8. For on-line products if the Client accesses the on-line product by logging onto the system it will be deemed that they have started the Training and 100% of the on-line product fee is non-refundable.
  9. For on-line products and at the discretion of RHEL / Motor Skills Training Ltd. full refunds may be made where the on-line product has not been accessed by the Client logging onto the system and the Client no longer wants to proceed with the Training.
  10. Subject to set-off by RHEL / Motor Skills Training Ltd. of any amounts owing to RHEL / Motor Skills Training Ltd. in accordance with the Agreement, in the event of cancellation, will be paid promptly by the Client in accordance with the above cancellation fee policy.
  11. It may be necessary, for reasons beyond the control of RHEL / Motor Skills Training Ltd. including not meeting minimum numbers of Clients for the Training or Assessment to be viable, to change the date or venue of the Training or Assessment. In the event of a full cancellation RHEL / Motor Skills Training Ltd. will make a full refund but disclaim any further liability.
  12. In the event that the Client cancels or reschedules their attendance at Training or Assessment then the Client shall reimburse to RHEL / Motor Skills Training Ltd. any out of pocket expenses suffered by RHEL / Motor Skills Training Ltd. as a result of that rescheduling or cancellation being dependent on the type of Training or Assessment supplied and subject to the absolute discretion of RHEL / Motor Skills Training Ltd.

5. Warranty and Limitation of Liability

  1. RHEL / Motor Skills Training Ltd. warrants to the Client that the Training or Assessment will be provided using reasonable skill and care and as far as reasonably possible at the times specified by RHEL / Motor Skills Training Ltd.
  2. Where RHEL / Motor Skills Training Ltd. supplies any goods in connection with the Training or Assessment, RHEL / Motor Skills Training Ltd. does not give any warranty as to their quality or fitness, but will, where it is able, assign to the Client the benefit of any warranty given by the supplier.
  3. RHEL / Motor Skills Training Ltd. shall have no liability to the Client for any loss or other claims arising from any Client’s materials or instructions supplied by the Client which are incomplete, incorrect, inaccurate, or their non-arrival or any other fault of the Client.
  4. RHEL / Motor Skills Training Ltd. shall not be liable to the Client for any losses, damages, costs or other liabilities of the Client whether direct or indirect or consequential including but not limited to any loss of profit or other economic loss or damage. The aggregate liability of RHEL / Motor Skills Training Ltd. (except in the case of death or personal injury which arise out of or in connection with the Training or Assessment and the Client shall indemnify, and keep indemnified, RHEL / Motor Skills Training Ltd. against claims made by third parties in respect of any such injury referred to above) arising as a result of the Agreement shall not exceed the amount paid by the Client to RHEL / Motor Skills Training Ltd. in respect of the Training or Assessment from which the liability arose.
  5. RHEL / Motor Skills Training Ltd. shall not be liable to the Client or be deemed to be in breach of the Agreement by reason of any delay in performing or any failure to perform any of RHEL / Motor Skills Training Ltd.’s obligations in relation to the Training or Assessment, if any delay or failure was due to any cause beyond its reasonable control.
  6. Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.

6. Intellectual Property

  1. Any intellectual property rights including copyright arising from or in connection with the Training or Assessment, for example copyright in the Training or Assessment Materials and on-line products, shall unless otherwise agreed in writing with the Client, belong to RHEL / Motor Skills Training
  2. The Client shall not reproduce part or all of the Training or Assessment Materials or on-line products nor replicate any part of the Training or Assessment or on-line products in any form or for any purpose without the prior permission of RHEL / Motor Skills Training Ltd. The re-distribution, re-publication or other making available of the Training or Assessment Materials or on-line products to third parties is prohibited.
  3. The Client agrees that if it is in breach of the provisions of this clause, it shall indemnify RHEL / Motor Skills Training Ltd. For any actual or alleged infringement of any intellectual property right including without limitation trademarks, copyright, and misappropriation of trade secrets or any similar property rights.
  4. The Client agrees to procure the compliance of any people they have booked onto the Training or Assessment and its employees and sub-contractors.

7. Termination

Either RHEL / Motor Skills Training Ltd. or the Client may at any time (without limiting any other remedy) terminate this Agreement by giving written notice to the other if:

  1. the other commits any breach of these Conditions and (if capable of remedy) fails to remedy the breach within 21 days of being required by written notice to do so; or
  2. the other is unable to pay its debts as they fall due, goes into liquidation, bankruptcy, receivership, administration or proposes any voluntary arrangements with creditors.
  3. Without limiting its other rights or remedies RHEL / Motor Skills Training Ltd. shall have the right to suspend the Training or Assessment if the Client fails to pay any amount due under this Agreement on the date due for payment.

8. Consequences of Termination

On termination of the Agreement for any reason:

  1. the Client shall immediately pay to RHEL / Motor Skills Training Ltd. any outstanding unpaid invoices and interest and, in respect of Training or Assessment or on-line products supplied but for which no invoice has been submitted, RHEL / Motor Skills Training Ltd. shall submit an invoice, which shall be payable by the Client immediately on receipt;
  2. the Client shall return any Training or Assessment Materials which have not been fully paid for;
  3. the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and
  4. clauses which expressly or by implication have effect after termination shall continue in full force and effect.

9. Confidentiality and Data Protection

  1. Neither RHEL / Motor Skills Training Ltd. nor the Client shall divulge or allow to be divulged to any person any confidential information which is identified as such to the other in writing by RHEL / Motor Skills Training Ltd. or the Client and which is not in the public domain at the time of disclosure. If a sponsoring party wishes to see the results of Training or Assessment they must gain authority from the Client that the information can be shared.
  2. RHEL / Motor Skills Training Ltd. is registered under the Data Protection Act 1998. Personal information supplied to RHEL / Motor Skills Training Ltd. Will be stored securely and used in relation to the Training or Assessment that the Client has booked or booked on behalf of others;
  3. Personal data will be passed onto RHEL / Motor Skills Training Ltd. CPD Partners for Training or Assessment or on-line products registration purposes; however RHEL / Motor Skills Training Ltd. will not divulge any personal information to other third parties without the Clients consent;
  4. Full details of how RHEL / Motor Skills Training Ltd. process personal information can be seen in RHEL / Motor Skills Training Ltd. Data Protection register entry which can be found on the Information Commissioner’s website www.ico.gov.uk/.
  5. Clients may be contacted by letter or email with details of future Training or Assessment events, on-line products and publications organised or promoted by RHEL / Motor Skills Training Ltd., which may be of interest to the Client. Clients can always opt out at any time.

10. Governing Law

  1. This Agreement shall be governed by the laws of England and Wales and any proceedings arising from it may be brought in the English courts.
  2. The submission by the parties to such jurisdiction shall not limit the right of RHEL / Motor Skills Training Ltd. to commence any proceedings arising out of or in connection with the provision of Training or Assessment or on-line products in any other jurisdiction it may consider appropriate.

11. Notices

All notices hereunder shall be in writing or by email and:

  1. If given or made by letter sent by first class pre-paid post, and if applicable, by airmail, shall be deemed to have been given 24 hours (in the case of domestic post) and 72 hours (in the case of airmail) after being posted and in proving such service it shall only be necessary to prove that the notice was properly addressed, stamped and posted;
  2. If given or made by email shall be deemed to have been given or made when sent unless the notice was sent after 5.00pm on a business day or on a day other than a business day in which case it shall be deemed to have been given or made at 9.00am on the next business day of the addressee after it was sent; and
  3. Shall be given at the respective address of the other party or at such other address as the other party may have notified in writing as its address from time to time.

12. Entire Agreement

  1. The Agreement constitutes the entire Agreement between the parties.
  2. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of RHEL / Motor Skills Training Ltd. which is not set out in the Agreement. Any descriptive matter or advertising issued by RHEL / Motor Skills Training Ltd., and any descriptions contained in RHEL / Motor Skills Training Ltd.’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Training or Assessment or on-line products. They shall not form part of the Agreement or any other contract between RHEL / Motor Skills Training Ltd. and the Client for the supply of the Training or Assessment or on-line products.
  3. These Conditions apply to the Agreement to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

13. General

  1. Any failure by RHEL / Motor Skills Training Ltd. to insist upon strict performance of these Conditions shall not be deemed a waiver of any of RHEL / Motor Skills Training Ltd.’s rights or remedies nor be deemed a waiver of any subsequent default by the Client.
  2. The invalidity in whole or in part of any clause in these Conditions shall not affect the validity of the remainder of the clauses or these Conditions.
  3. Nothing in the Agreement 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.
  4. A person who is not a party to the Agreement shall not have any rights under or in connection with it.
  5. Any variation, including the introduction of any additional terms and conditions, to the Agreement, shall only be binding when agreed in writing and signed by RHEL / Motor Skills Training Ltd..
  6. In the event that the Client wishes to appeal against an Assessment result or raise a complaint regarding any aspect of the Training or Assessment provided, this will be subject to RHEL / Motor Skills Training Ltd. Appeals Process or Complaints Process both of which are available on RHEL / Motor Skills Training Ltd. website or direct from the RHEL / Motor Skills Training Ltd.
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