Terms & Conditions
1. These terms and conditions are between DIRECT TRAINING (GB) LTD and the Customer. They replace any previous terms and conditions of DIRECT TRAINING (GB) LTD and are the complete and only terms and conditions between the parties. All dealings between DIRECT TRAINING (GB) LTD and the Customer shall be governed by these terms and conditions that shall prevail over any others. DIRECT TRAINING (GB) LIMITED is the trading name of DIRECT TRAINING (GB) LIMITED.
2. These terms and conditions and any contract formed pursuant to them may be varied provided that DIRECT TRAINING (GB) LTD confirms the variation in writing.
3. A copy of these terms and conditions will be included with invoices and in the case of the provision of a training course, with the booking confirmation letter sent by DIRECT TRAINING (GB) LTD. If the Customer has not had prior sight of them and reasonably objects to any of these terms and conditions, the Customer shall be entitled to notify such objection to DIRECT TRAINING (GB) LTD within 7 days of first sight, (failing which, these terms and conditions will be deemed to have been accepted). If a solution to the objection cannot be reached between the parties it will be deemed by Direct Training that the contract has been terminated without penalty to either party.
4. A binding contract will be formed when DIRECT TRAINING (GB) LTD accepts a Customer’s order (the “Contract”). A confirmation letter will be dispatched to the Customer along with an invoice that must be paid prior to the commencement of the course.
5. Certificates to prove completion of the course may be withheld by DIRECT TRAINING (GB) LTD until payment is made in full. No refund shall be given should a delegate fail any course provided by DIRECT TRAINING (GB) LTD and DIRECT TRAINING (GB) LTD makes no guarantee as to a delegate successfully passing any course.
6. DIRECT TRAINING (GB) Ltd will levy a charge of £20, payable in advance, for any replacement certificate that is requested by the Customer.
7. aIf the Customer notifies DIRECT TRAINING (GB) LTD in writing of an intention to cancel any course booking, provided the full course fee HAS been paid, more than 2 weeks prior to the commencement date a full refund shall be given. Within 1-2 weeks of the commencement date, a refund of 45% shall be given. Less than 1 week prior to the commencement date of the course no refund shall be given. No refund shall be given if a delegate does not attend.
7.b If the Customer notifies DIRECT TRAINING (GB) LTD in writing of an intention to cancel any course booking, and the full course fee has NOT been paid, more than 2 weeks prior to the commencement date no charge will be made. Within 1-2 weeks of the commencement date, a charge of 55% shall be made. Less than 1 week prior to the commencement date the full course fee will be charged. Should a delegate not attend, without notifying Direct Training (GB) Ltd the full course fee will be payable.
8. Unless specified, Value Added Tax will not be included in any price and will be charged at the rate in force at the time of quotation.
9. Interest on invoices overdue for more than 21 Days will be charged at 8% per week, at the discretion of Direct Training (GB) Ltd. The Customer will pay any reasonable expenses incurred by DIRECT TRAINING (GB) LTD in pursuing any outstanding debt or debts due from the Customer. Where relevant interest shall be charged pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
10. Confirmation & Invoices for services will be submitted to the Customer. DIRECT TRAINING (GB) LTD shall incur no liability for any errors not corrected by the Customer. The Customer shall notify DIRECT TRAINING (GB) LTD in writing within 7 days stating any inconsistencies. If the Customer does not notify DIRECT TRAINING (GB) LTD within this period, it will be deemed that the terms have been accepted.
11. Force Majure DIRECT TRAINING (GB) LTD shall not be liable to the Customer for any failure to perform DIRECT TRAINING (GB) LTD’s obligations under the Contract if the failure is due to any cause beyond DIRECT TRAINING (GB) LTD’s reasonable control. DIRECT TRAINING (GB) LTD shall not be liable for any loss suffered by the Customer (except in respect of death or personal injury caused by DIRECT TRAINING (GB) LTD’s negligence) including loss of profits arising out of performance of the Contract by DIRECT TRAINING (GB) LTD (or its servants or agents).
12. DIRECT TRAINING (GB) LTD reserves the right to cancel and/or amend course dates, times, contents and venues. Every effort will be made to give the Customer as much notice as possible and offer a reasonable alternative. If these are not satisfactory, DIRECT TRAINING (GB) LTD shall refund in full the price of the course. No further compensation will be given.
13. The Customer shall indemnify DIRECT TRAINING (GB) LTD for any loss or expenses caused as a result of providing inaccurate information to DIRECT TRAINING (GB) LTD, e.g. mistakes contained within the Customer’s order, changes requested by the Customer to the Contract, cancellation of the Contract by the Customer or breach of the Contract by the Customer, (subject to DIRECT TRAINING (GB) LTD using all reasonable endeavors to minimize such loss).
14. The Customer shall not be entitled to set off or deduct any amount from any invoice unless otherwise agreed by DIRECT TRAINING (GB) LTD.
15. If the Customer becomes bankrupt or enters into liquidation administration or administrative receivership or has a receiver of any of its assets appointed (or ceases or threatens to cease carrying on business) DIRECT TRAINING (GB) LTD shall be entitled to cancel any outstanding Contract(s) and/or suspend further services without liability to the Customer and any sums outstanding shall become immediately due.
16. Any dispute that cannot be resolved between the parties should be referred to the decision of a sole arbitrator to be agreed between the parties or, in default or agreement, appointed at the request of either party by the President of the Chartered Institute of Arbitrators. Arbitration shall take place in accordance with the Arbitration Act 1996.
17. Any written notice given under these terms and conditions shall be served either by registered post, facsimile, or by email to the relevant party’s registered/principal office or last known address.
18. The terms and conditions shall be governed and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts. In the event that one or more clauses of these terms and conditions become invalid, illegal, or unenforceable, the enforceability of the remaining provisions shall not be affected.
19. DIRECT TRAINING (GB) LTD reserves the right to increase the prices quoted at their discretion.