Terms & Conditions
1.Definitions
In these Conditions the following expressions shall have the following meanings:
“The Company” means Charley Rattan Associates Ltd.
“The Client” means the person, company or other legal entity identified as providing a request to Charley Rattan Associates Ltd to supply Services.
“Services” means the goods or services to be provided Charley Rattan Associates Ltd to the Client under the terms of the contract and “Services” shall be construed accordingly.
“Confirmation Date” means the date when all the following apply:
– A request to supply Services has been received from the Client by Charley Rattan Associates Ltd
– Charley Rattan Associates Ltd has confirmed to the Client that the workshop, coaching or development day, or other Services requested are available.
– Payment has been received or alternative payment method agreed.
“Contract” means the contract between Charley Rattan Associates Ltd and the Client under which the Services are to be supplied by Charley Rattan Associates Ltd to the Client.
“Day” means every day of the week including Saturday, Sunday and statutory holidays. “Month” means a calendar month. “Week” means seven consecutive days.
“Intellectual Property” includes all training materials, notebooks, manuals, inventions, patent applications, granted patents, registered and unregistered designs, copyright works, trademarks and confidential information.
2. Prices
The price payable for the Services shall be the price quoted in the Training Proposal or the Letter of Agreement prepared by the Company at the Confirmation Date unless otherwise stated.
The price does not include travel, accommodation, meals or other related expenses unless otherwise stated. These will be agreed as necessary.
The fee arrangement is based on the expected amount of time and the level of work required to complete the services as agreed. If the nature or volume of work varies significantly, The Company reserves the right to review the fee in consultation with you.
Should additional services be required which are not included within the Training Proposal or the Letter of Agreement, the Client will be provided with a separate quotation.
All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate.
3. Terms of Payment
Where the Services relate to a Public Course, payment will be taken at the time of booking.
Where the Services relate to the provision of a Bespoke/In-House Course, a deposit of up to 50% of the full fee will be taken at the confirmation date. The remainder of the payment must be made within 14 days of the invoice date. The Company is entitled to charge interest at 2% per Month or part thereof on overdue payments.
Where the Services relate to the provision of any type of course to be delivered via a third-party provider a deposit of up to 50% of the full fee will generally be taken at the confirmation date. The remainder of the payment must be made within 14 days of the invoice date. The Company is entitled to charge interest at 2% per Month or part thereof on overdue payments.
Where the Services relate to the provision of any other service, The Company reserves the right to request a deposit. Payment of the final invoice must be made within 14 days of the invoice date. The Company is entitled to charge interest at 2% per Month or part thereof on overdue payments.
4.Associates
The Company may from time to time provide training or other services in conjunction with other Training Providers or Associates. To the best knowledge of The Company these Training Providers and Associates are suitably experienced and/or qualified to deliver the training courses offered.
5. Course content
The contents of course schedules are intended for general guidance only and do not form any part of a contract. The Company reserves the right to make any reasonable variations to public and in-house courses, including the content and location of the courses, without notice.
The Company will perform the Services with reasonable skill and care. Any other conditions or warranties whether express or implied as to the quality of the Services are hereby expressly excluded.
The Company reserves the right to charge for any preparation time required to produce a bespoke course or other service
It is the responsibility of the Client to ensure that the delegates meet the prerequisites of the course on which they are booked, and that the course content meets their requirements.
Unless otherwise indicated, all courses are delivered solely in English and all delegates must be sufficiently proficient in English language before attending a course.
6. Data Protection
Each party will comply with the relevant Data Protection laws in storing and processing any personal information exchanged.
7. Intellectual Property
The Client will have the full right and licence to use copies of materials created for them by the Company only for the particular purpose for which they were prepared. However, all copyright and other intellectual property rights in all documents, reports, written or electronic advice or other material provided by the Company to the Client remains with the Company. If the Client wishes to use copies of these materials for purposes other than those for which they were prepared, they will require the written permission of the Company.
6.Cancellation
Should the Client decide or need to cancel this agreement then the following charges will apply:
- 4 weeks prior to delivery of commencement of services or a planned course date – No charge, however an administration fee may be charged for any costs already incurred by the Company in preparing materials or completing work in relation to the services.
- Within 1 – 4 weeks of commencement of services or a planned course date – the Client will be liable to pay the Company 50% of total cost.
- Within 1 week of commencement of services or a planned course date – the Client will be liable to pay the Company 100% of the agreed fee.
All cancellations must be sent in writing. The date on which the letter or email is received by the Company will be deemed as the date the request has been made.
The Client shall also be deemed to have cancelled the course booking if the delegate(s) do not attend as agreed.
The Company may vary or cancel delivery of the agreed Service where the occasion necessitates. The Company’s liability in these circumstances shall be limited to refunding any fees already paid in respect of the agreed Service. The Company must notify the Client at the earliest opportunity in the event of a cancellation.
7. Credit Rating
The Company reserves the right to assess the financial status of any organisation or individual making a booking or in the process of making a booking and also reserves the right to require payment prior to confirming a booking.
8. Liability
The Company’s total liability for any loss or damage shall not exceed the price payable for the Services, except in cases of direct physical damage to the Client’s property, personal injury or death.
The Company shall not be liable howsoever caused for indirect or consequential loss including but not limited to: loss of profits; loss of revenue; loss of goodwill; loss of data; failure to achieve savings.
9. Force Majeure
The Company shall not be in breach of this contract if there is any total or partial failure of performance by it of its duties and obligations under this contract occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance from obtaining any raw materials or energy, sickness or other cause beyond its reasonable control.
If The Company is unable to perform its duties and obligations under this contract as a direct result of one or more such causes The Company shall give written notice to the Client of such inability stating the cause in question.
10. General
The Contract shall only become effective at the Confirmation Date.
Any typographical clerical or other error or omission in any sales literature, administrative documentation, course materials, invoice or other document or information issued by The Company or its Training Providers shall be subject to correction without any liability on the part of The Company.
No variation to these Terms and Conditions shall be effective unless made in writing and signed by an authorised representative of The Company.
The invalidity or unenforceability for any reason of any condition, sub-clause or paragraph of these Terms and Conditions shall not prejudice or affect the validity or enforceability of the remainder.
These Terms and Conditions shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts