Standard Terms and Conditions for supply of goods & services of Access Training (Wales) LTD.
Terms and Conditions
The meaning of some words used in these terms and conditions 1.1 "We, us or our" is a reference to Access Training (Wales) Limited; 1.2 "You or your" is a reference to the person to whom we are providing our Services or supplying Goods and who is required to pay for the Services we provide and the Goods we supply; 1.3 "Goods" means the tangible articles and materials (if any) specified in the Proposal; 1.4 "Home/Study" means any preparatory work, tasks or exercises set by us and given to you to be carried out in your own time outside of i.e. above and beyond the time spent in the training modules which we supply to you in accordance with the Proposal; 1.5 "Proposal" means the Training Proposal/Quote/Payment Plan and course brochure (if one was supplied) describing the Goods and Services to be provided by us to you; 1.6 "Services" means the provision of Theory and Practical training services and the facilitation of online exams and practical assessments in the form of training modules as specified in the Proposal. It also includes registration with an awarding organisation for the qualification described in the Proposal.
2. Entering into a legally binding contract
2.1 The Proposal remains valid for a period of 14 days from the date it was made. The prices quoted in the Proposal are specific to the dates stated in the Proposal. The dates are always subject to availability. We will always make every effort to abide by the dates stated in the Proposal. If we have to change those dates then the prices quoted will remain the same. If however you require those dates to be changed then we may have to charge you an administration fee which you will be liable to pay to us in order to accommodate your request for a change of dates. (See clause 17.2 below). You should also be aware that if discounts have been offered to you in the Proposal then those discounts only apply for the course dates specified in the Proposal. Therefore if you request that we change the dates specified in the Proposal then you may no longer be entitled to the discount which was specified in the Proposal. 2.2 We advise you to carefully read through these terms and conditions before accepting the Proposal and placing an order with us. If you have any questions concerning these terms and conditions then please ask us. You will be deemed to have accepted the Proposal and to have accepted these terms and conditions by placing an order with us within the validity period of the Proposal by paying the deposit specified within the Proposal. All orders for Goods and Services shall be deemed to be an acceptance of the Proposal and subject to these terms and conditions. 2.3 You should keep a copy of these terms and conditions for your records.
3. Price and payment for the Goods and Services
3.1 The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT. You are required to pay the price in the manner specified in the Proposal. If after payment of the deposit you pay the balance of the price by cheque then your cheque should be payable to Access Training (Wales) Limited and we must receive your cheque 21 days prior to your course start date. This is because of the time it takes the banks to clear cheques as we must have cleared funds from you before you start your training. 3.2 If you are paying for your training by instalments then payment of instalments must be made either by credit card or by debit card or by Direct Debit. If you have elected to pay for your training by instalments then by accepting the Proposal you give us permission to take the payments of the instalments as set out in the Proposal from the debit or credit card the details of which you provided to us for payment of the deposit. These payments will be taken on the dates stated in the Proposal. If you want to alter the payment method then you must provide alternative payment details to enable us to have been paid by way of cleared funds prior to the start of the relevant training. 3.3 We require payment on the dates set out in the Proposal. If you fail to make payments by the date or time we and you agree then we reserve the right to suspend performing the remaining Services until the outstanding balance is paid in full.
4. Providing the Services
4.1 Once you have accepted the Proposal we will then do our best to provide the Services at the times and on the dates contained in the Proposal. Occasionally the Services will be provided at some other date or time to be dependent on a number of factors. Time for the purpose of delivery of the Services shall not be of the essence. We cannot guarantee work placement dates or the work placement dates provided nor can we guarantee the time taken by you to complete each module of the training. We may therefore have to change estimated dates for the supply of Services. 4.2 Our aim is to always provide you with the Services: 4.2.1 using reasonable care and skill; 4.2.2 in compliance with commonly accepted practices and standards in the training industry; 4.2.3 in compliance with the laws and regulations in force at the time we carry out the Services. 4.3 Within the training centres we will do our best to provide you with the tools and equipment which you will need to complete your training and we will ensure that these are of a suitable quality and standard for training purposes. 4.4 We will provide Theory and Practical training services and we will facilitate online exams and practical assessments in the form of modules as these are specified in the Proposal. but we will not supply you with an award or certificate as we are a training company and not an awarding body or an awarding organisation. Awards and certificates are issued at the discretion of the relevant and various awarding organisations in accordance with their own specification and criteria which may change from time to time. You and we agree that we are not liable for any aspect of an awarding organisation certification process including its timescales, quality assurance processes or any other requirements of any awarding body or organisation. If the Services require you to be registered with an awarding organisation then the choice of such organisation is within our discretion (as there are a number of such organisations) and we have the right to re-register you with other awarding organisation after you have been registered with an awarding organisation.
5.1 Our responsibility to perform the Services by particular dates
We aim to carry out the Services by the dates and times we either agree with you or notify to you. But we cannot guarantee or provide a firm commitment that: 5.1.1 we will start performing the Services by a specified date or time; or 5.1.2 we will complete the performance of all the Services by any specified date or time; or 5.1.3 the performance of any individual part of the Services will be completed by a specified date or time; or 5.1.4 that work placement dates provided may not have to be changed; or 5.1.5 that you will complete training modules within any particular time. 5.2 What can happen if we cannot start performing the Services or complete performing the Services 5.2.1 If we do not start or complete performing the Services within a reasonable period from the date(s) we have agreed or notified then (except where the delay has been occasioned by your failure to contact us to book or arrange any of the training modules detailed on the Proposal or you have elected not to have attended on the training dates offered by us to you) you may choose either to continue to wait until we can start performing the Services or complete performing them or you can cancel the contract. There will usually be a period of time between modules. This right to cancel will only arise if that period of time is an unreasonably long period. Please see clause 5.2.3 for the purpose of what is a reasonable period. If you are kept waiting for a reasonable period then you will not have the right to cancel. In addition where you have caused the delay then you will not have the right to cancel because of that delay. 5.2.2 Where we have started performing the Services and you decide because we have not been able to start or complete the performance of the Services by the dates which we have agreed with you or which we have notified to you that you wish to cancel the contract you will only have to pay for any Services we have performed up to the date of cancellation. If you have made payment(s) to us in excess of the amount of Services we have performed, we will return the difference to you within 28 days of cancellation. 5.2.3 What is a reasonable period of time for the purposes of clause 5.2.1 and 5.3.3 depends on the type of Services we will be performing and the length of time they will take to perform. We will not delay the start of us performing the Services as specified in the Proposal for longer than 12 weeks. For the avoidance of doubt “start date” here refers to the initial start date and not the start date of specific modules for which the date is stated in the Proposal as being TBC. 5.3 Situations or events outside our reasonable control 5.3.1 There are certain situations or events which occur which are not within our reasonable control (some examples are given in clause 5.3.2). Where one of these occurs we will normally attempt to recommence performing the Services as soon as the situation which has stopped us performing the Services has been resolved. In such circumstances there may well be delays – sometimes a substantial delay – before we can start or continue performing the Services. 5.3.2 The following are examples of events or situations which are not within our reasonable control: a.) where weather conditions make it impossible or unsafe for us to perform any of the Services; b.) where you make a change in the Services you wish us to perform; c.) some other unforeseen or unavoidable event or situation which is beyond our control; d.) acts of God, strike, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply; e.) changes in regulations or requirements of an awarding body. Awarding bodies include City & Guilds; BPEC; EAL; Logic certification; NOCN; CAA. 5.3.3 If the delay in us recommencing performing the Services will be unreasonable and excessive (and in any event longer than 6 months- except where the delay has been occasioned by your failure to contact us to book or arrange any of the training modules detailed in the Proposal or you have elected not to have attended on the training dates offered by us to you) then we will offer you the option of either: a.) continuing to wait until we are able to recommence performing the Services. or b.) allowing you to cancel the contract. If you choose this option then you will only have to pay for any Services we have performed up to the date of cancellation. If you have made payment(s) to us in excess of the amount of Services we have performed, we will return the difference to you within 28 days of cancellation. 5.3.4 We will not be liable to you to pay compensation or damages for failure or delay in performance of our obligations where this has been caused by situations beyond or outside our reasonable control.
6. Things you will need to do
6.1 To enable us to supply the Services to you, you agree that you shall: 6.1.1 co-operate with us and supply us with any information which we reasonably require; 6.1.2 obtain all qualifications (if applicable) which may be required of you before you commence your training and the cost of obtaining any such qualifications will be your sole responsibility; 6.1.3 comply with any other requirements which you and we agree; 6.1.4 be solely responsible for the quality and successful completion of all assessments and outcomes which may be required of you by any awarding body or organisation; 6.1.5 devote sufficient time and study to meet the targets set by your tutors; 6.1.6 keep a record of the times devoted to study including dates and hours worked and make those records available for inspection when required; 6.1.7 complete the tasks given to you as home study as part of your training programme; 6.1.8 pay your own costs for re-sitting examinations if you fail the examination the first time- the on line exam re-sits cost £50 and practical assessment resits cost £95 per day (some practical assessments can last longer than a day); 6.1.9 pay us to attend additional training at the cost of £95 per day if you fail an examination/assessment with a score of less than 50% or if you fail an examination or assessment more than once 6.1.10 complete all training modules, assessments and work placements to the standard and within the timescales required by any awarding organisation.
7. Exclusion and limitation of liability
7.1 We do not exclude or limit liability for our negligence or negligent omission which causes you personal injury or death. 7.2 We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach of this contract. In the event that any loss or damage suffered by you relates to your business activities or intended business activities or your employment or intended employment then we exclude all liability and in particular we exclude all liability for loss of profits or other economic loss arising from a breach of this contract. 7.3 We exclude all liability to any third party for any losses as no third party has our permission to rely upon any term contained in this contract.
8. Communicating with us
8.1 You can always telephone us using our contact numbers which are 0800 345 7492 8.2 For important matters you should use writing and send communications by post using 6 Llandough Trading Estate, Penarth Road, Cardiff, CF11 8RR and we will accept emails correspondence from you using the email addresses which have been notified to you. 8.3 You acknowledge that no representation will be binding on us unless it is in writing and has been signed by us or on our behalf. No variation of this contract will be binding upon you and us unless we have agreed to it and we have signified that agreement in writing.
9. Cancellation by you
9.1 You have the right to cancel this agreement to purchase the Goods and Services within the period of 14 days starting on the day after you have received notice of right to cancel. That period is called the “Cancellation Period”. 9.2 In order to cancel this agreement within the Cancellation Period you may either write to us at 6 Llandough Trading Estate, Penarth Road, Cardiff, CF11 8RR and send us the form of cancellation which appears in the schedule to these terms and conditions or you may contact us by email or telephone within the Cancellation Period in order to communicate to us your intention to cancel within the Cancellation Period. 9.3 If we have started to supply the Services to you with your written request within the Cancellation Period and prior to you giving us notice of cancellation within the Cancellation Period then we will be entitled to retain from any monies which you have paid to us the value of the Services which we supplied to you before we received notice of cancellation from you. In those circumstances we will retain a proportionate sum proportionate to the value of the Services supplied to you to the date of cancellation when compared with the full contracted price of the Services. Where you have yet to make a payment to us but we have supplied Services to you at your written request within the Cancellation Period and then you subsequently cancel within the Cancellation Period then you will be liable to us to pay a proportionate sum for the Services already supplied up to the date on which you cancel that proportionate sum being compared with the full contracted services and the services supplied to you to the date of cancellation. 9.4 If the provision of Services has commenced by us prior to you giving notice of cancellation within the Cancellation Period and you have not made a written request to us to supply those Services within the Cancellation Period then we will reimburse you in full following cancellation. 9.5 It is important that you realise that following the end of the Cancellation Period you will have no further right to cancel the agreement to purchase the Goods or Services unless you have a right to cancel described elsewhere in these terms and conditions. 9.6 Where the course or courses comprised within the Services constitute a series of individual course and you decide not to undertake any one or more of the individual course you will not have the right to be refunded for the cost of any individual courses which you decide not to undertake. 9.7 If after any Cancellation Period you decide not to receive any or any more of the Services which you have received up to the date of your decision and no other right to cancel arises from other circumstances described in these terms and conditions then you will not be entitled to receive any refund and the entirety of the price of the Services will remain payable by you to us, as once we and you have entered into a binding contract you will normally not be able to cancel the contract after the Cancellation Period except where we agree or as otherwise provided for in this contract. 9.8 If we agree to cancel outside of a Cancellation Period then you will be responsible for the cost of: 9.8.1 any of our time in performing the Services up to the date we stop providing the Services; 9.8.2 any of the Goods you have not already paid for (or any part of the price of the Goods you have not paid for). 9.9 In the circumstances stated in clause 9.8 above we will deduct the amounts for which you are responsible from any deposit you have paid. Any remaining deposit will be returned to you. If the amount owing is greater than the deposit or other monies which you have paid to us we will invoice you for the amount in excess of the monies you have already paid. 9.10 If you: 9.10.1 purport to cancel the contract outside of the Cancellation Period, or 9.10.2 give notice purporting to cancel, or 9.10.3 otherwise do not fulfil your obligations (such as by not paying any sum due to be paid to us) in a way which amounts to you cancelling the contract, we do not have to accept your cancellation (if it is outside a Cancellation Period or otherwise provided for in this contract). However we may choose to accept cancellation, and if we choose to do so you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered. If you have paid a deposit or other monies to us, this will be retained and if our reasonable losses and costs (including loss of profit) are greater than the deposit and other monies which we have retained we will require you to pay for our losses and costs in excess of the deposit and other monies retained.
10. Amendments to the contract terms and conditions
We will have the right to amend the terms and conditions of this contract where: 10.1 we need to do so in order to comply with changes in the law or for regulatory reasons; or 10.2 we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long as such correction is minor and does not materially affect the contract.
Where we are making any amendment we will give you 14 days’ prior notice (unless the contract is terminated before that date).
11. Contacting each other
If you wish to send us any notice or letter then it needs to be sent to Unit 6 Llandough Trading Estate, Penarth Road, Cardiff, CF11 8RR and should be marked for the attention of [Head Office. If we wish to send you a letter or notice we will use the address you have given in your order to us.
12. Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
13. Law and jurisdiction
This contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.
14. Intellectual property rights
All and any intellectual property rights including without limitation copyright in all and any written materials supplied by us to you shall at all times remain our property.
If any term or provision of our contract is held to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or provision shall be severed and the remainder of the provisions of our contract shall continue in full force and effect as if these terms and conditions and our contract had been agreed with the invalid, illegal or unenforceable provision removed.
16.1 You are reminded that we cannot guarantee that you will secure employment as a result of attending our training courses. 16.2 We have the right to retain copies of the work which you carry out including your written work during your training and to supply copies to third parties. 16.3 You are not able or allowed to assign the benefit of any part of this agreement. We have the right to assign any part of this agreement without your consent to a third party. We have the right to subcontract the provision of any part or the whole of the Services provided under this contract to a third party. 16.4 We may make changes to a course structure dependent upon the demands on our time, industry trends, the availability of manpower, the improvement of quality and services. Sometimes we may have to extend the period for or amount of training which we supply to you and the training modules. We may re register you with an alternative awarding body. We will confirm such changes to you in writing usually by email. By entering into this agreement you agree to allow us to have the right to make these changes. We will always act reasonably in implementing any such changes. 16.5 You agree that you will complete all training and assessments which are included within the Services within the period of 2 years from the date on which you attend your first training module. If you have not completed all of your training modules within that 2 year period then unless we agree an extension with you we will be under no further obligation to provide services to you beyond that 2 year period. That 2 year period will be extended by any period for which we had to suspend the provision of services to you for reasons beyond our control.
17. Training dates
17.1 You will be responsible for contacting us to book dates to attend training modules. Where we have not agreed with you specific dates for any particulars training modules these will have been marked in the Proposal as “TBC”. You will then be responsible for booking available dates by contracting our administration office. We arrange our in-centre training weeks for a number of customers at the same time and you will be offered to attend those training weeks on a first come first served basis with our other customers. 17.2 When training dates or placements have been agreed between you and us and then you elect to change those booked dates you can do so but you must pay us an administration charge of £250.00 before that date can be rearranged. If you do not pay the administration charge then you will not be allowed to rearrange the training date and we will not be liable to refund you for the training which you did not attend. If you change a training date by agreement with us and by that time we have already paid examination and registration fees for you so that additional examination and registration fees become payable then you must pay us those additional examination and registration fees. 17.3 In the absence of provision of a sick note certified by your doctor if you are absent for any period having already started on the attendance of a course completion of that course at a later date will not be offered to you as it will be your responsibility to attend the course. In the absence of provision of a sick note in these circumstances you will not be entitled to any refund.
18.1 We will provide you with a period of work placement as described in the Proposal. This is aimed to provide you with relevant experience in the area of work specified in the Proposal. We are not able to guarantee to you the precise nature of the work which you will conduct at a work placement as this will be dependent upon the work being carried out by the placement provider at that time. It will be your responsibility to provide evidence for any portfolio of evidence of the work which you undertake at a work placement. The completion of any required portfolio is your obligation. 18.2 We do not guarantee the achievement of any qualification whilst you attend a work placement. 18.3 We cannot guarantee that you will complete any portfolio of evidence which is required from you in full within the time given for the placement. 18.4 It is your responsibility to ensure that any evidence that you supply is authentic and is all your own work. 18.5 Where the Proposal specifies that you are to achieve a National Vocational Qualification (NVQ) we will register you onto the specified qualification at the appropriate point in the course and the timing of that registration will be at our discretion. It will be your obligation to achieve the required standard of work to achieve the NVQ qualification and we cannot guarantee that you will achieve this or indeed any other qualification. We will supply you with the training but it is your responsibility to diligently undertake that training and to successfully achieve the tasks which are set to you. 18.6 You are required to complete all training for NVQ’s within a period of 2 years. 18.7 We will supply a qualified assessor for a maximum of 2 separate visits for any plumbing National Vocational Qualification to assess your work. It is your obligation to liaise with us in order to book these 2 visits. It is your responsibility to ensure that the work which is assessed is of the correct nature and quality to fulfil any assessment needs. 18.8 If at an assessment it is found that the quality of your work does not reach any required standard then further visits may be required over and above the 2 visits specified above. The cost of further visits will be £200.00 per visit and you agree to pay this additional charge prior to the date of the visit. 18.9 Where a period of work placement is specified in the Proposal you acknowledge and agree that the purpose of this work placement is for you to gain experience in the specific field of work covered by the Proposal and that this is not provided for the purpose of achievement of any particular qualification. 18.10 We reserve the right to use subcontractors to provide work placement services. 18.11 Any accommodation costs are not included within the price which we charge to you and this must be booked directly and paid for by you. 18.12 We cannot guarantee that the start date for work placements will be directly after the completion of in-centre training modules.
If at the end of the training which has been supplied you are entitled to a certificate and we receive the certificate then we will send this to you by email or otherwise online. You are responsible for the details which will appear on the certificate as these will be the details which you confirm to us after enrolling upon the course. We will not be responsible for any mistakes made in the certificate or for the cost of correcting any errors in the certificate. We will not forward any certificates to you until such time as you have paid us in full for the Services which we have supplied under this agreement.
20. Good behaviour
20.1 We rely on you to conduct yourself appropriately during the period that we supply Services to you. If it is found that you misbehave through use of sexist, racist or other offensive language or behaviour then we have the right to terminate the supply of Services to you. If we terminate the supply of Services to you because of your misbehaviour then we will assess the cost of the Services (including loss of profit) which we have supplied to you to the date of that termination and refund any balance due to you. 20.2 If you are found guilty of cheating during an examination or assessment or if you are dishonest in the production of any evidence which you are required to produce as part of your training then this misconduct will lead to us terminating the provision of Services to you in which case you will not entitled to any refund from us. Awarding bodies and organisation may also impose upon you their own sanctions if you are found to have cheated.
We offer our services to customers using a dynamic pricing strategy which means that courses or products are charged at a rate or price according to the needs of our business. We reserve to ourselves the right to change prices at which we offer services to our customers based on calculations that take into account amongst other things competitor pricing, specific payment plans, supply and demand, seasonal variations, early booking for courses starting at some point in the future and other external factors in the market. You should be aware therefore that when attending training modules or courses on certain dates that different prices may have been paid by different customers. Except as provided for elsewhere in these terms and conditions we will not change the price that you have agreed to pay to us.