LAW
1. Gardiner Associates Training & Research Limited (‘The Company’) will provide its services to its clients on their appointment in accordance with these Terms and Conditions.
2. Acceptance of these Terms and Conditions shall constitute an Agreement made in England and subject to the laws of England. Disputes arising from the Agreement shall be decided according to English law.
3. This Agreement constitutes the entire Agreement between the parties in relation to the instructions given in this particular instance. The Agreement may not be varied except in writing between the parties.
4. The rights and remedies of the Company set forth in this Agreement are in addition to all other rights and remedies provided by law. PAYMENT
5. Bookings are provisionally given on the understanding that payment is made in advance. If payment is not received in advance of the course or assessment date, in accordance with our payment terms, then no confirmed booking will be given and the candidate will be denied access to the course or assessment.
6. Where applicable, VAT shall be payable in addition to fees and expenses.
7. Bookings are confirmed on the strict understanding that a minimum number of candidates is required to make a course or assessment day viable. GATR reserves the right to cancel and re-book at any stage if the required number of candidates is not achieved.
8. Qualifications require the candidate to demonstrate an acceptable level of knowledge and skills of all the required criteria. Candidates should prepare themselves to meet all the criteria at the appropriate stages of the assessment. The Company accept no responsibility if the candidate is unsuccessful. The candidate should acknowledge that the assessor’s decision is final.
9. RIGHT TO REFUSE ENTRY
The Company retains the right to refuse entry to any part of the course or assessment if:
- a) the candidate’s identity cannot be verified
- b) the candidate does not bring the appropriate equipment or PPE
- c) the candidate has not met the published deadlines (notwithstanding extenuating circumstances)
- d) the candidate’s application is incomplete.
The candidate on re-application may incur additional costs at the sole discretion of the Company.
10. Unless otherwise agreed all fees, charges, expenses and disbursements (Fees) are payable within 7 days of the invoice date. The Company understands and will execute its statutory right to claim interest and compensation for debt recovery costs under the late payment legislation (Late Payment of Commercial Debt (Interest) Act 1998) if it is not paid according to its credit terms. The Company also reserves the right to suspend the provision of its services for so long as any amount remains outstanding.
ASSIGNMENT
11. The benefit of this Agreement may not be assigned by the Client without the Company’s previous written consent. When such consent is given it is conditional upon the Client’s assignee accepting the conditions agreed between the Client and the Company.
INTELLECTUAL PROPERTY
12. The copyright and all other intellectual property rights of whatever nature in the course material, photographs, videos, computer programs and other material produced or commissioned by the Company is and shall remain the sole and exclusive property of the Company.
LIABILITY
13.1 Clauses 13 and 14 set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to the Client in respect of any breach of the Agreement, any use made by the Client of any data or information supplied by the Company or any part of them, any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Agreement.
13.2 The Company warrants that it will carry out its duties as instructed by the Client with reasonable care and skill but all other warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.
13.3 Nothing in the Agreement limits or excludes the liability of the Company:-
13.3.1 For death or person injury resulting from negligence; or
13.3.2 For any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by the Company.
13.4 Subject to the provisions of clauses 13.2 and 13.3:
13.4.1 The Company shall not be liable for loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss or corruption of data or information, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. 13.4.2 The Company’s total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance of the Agreement shall be limited to £5,000,000 in respect of any one claim or series of claims.
14. The Company 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 failure to perform any of the Company’s obligations under this Agreement if the delay or failure was due to any cause beyond the Company’s reasonable control.
HEALTH & SAFETY
15. If the actions of any candidate are deemed un-safe during any part of the course or assessment, the assessor or site manager has the right to remove the candidate from the course or assessment. In this case, the candidate will forgo this part of the course or assessment. The agreement may be terminated at the discretion of the Company and additional costs will be payable by the client to re-join the assessment at the sole discretion of the Company.
TERMINATION
16.1 Either party may (without limiting any other remedy) at any time terminate the Agreement by giving written notice to the other if the other commits any breach of these conditions and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so or if the other goes into liquidation or (in the case of an individual or firm) becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.
16.2 In the event that the Agreement is terminated, the Client shall pay for all services carried out up to the date of termination.
16.3 Non-attendance at a course or assessment will terminate the agreement and refunds will only be granted if the course and/or assessment is cancelled according to the Company Refund Policy.
16.4 Failure to submit course work or assessment reports by the published deadlines will terminate this agreement and further charges may be incurred at the sole discretion of the Company.
COMPLAINTS
17. In the event of any dissatisfaction with any of the services provided by the Company, the Client should first discuss the matter with the consultant responsible for the investigation or, in the event that the matter is not resolved to the satisfaction of the Client, any grievance should be addressed to the Managing Director in writing.
DATA PROTECTION
18. The Company maintains a database of its Clients. In accordance with the Company’s Data Protection Policy, this information is held solely for internal use. A copy of the Company’s Data Protection Compliance Policy is available on request.
GENERAL
19. Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing addressed to the other party at its registered office or principal place of business or such other address as any at the relevant time has been notified pursuant to this provision to the party giving the notice.
20. No failure or delay by either party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right and no waiver by either party of any breach of the Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
21. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
22. This Agreement does not nor is it intended to confer a benefit on a third party within the meaning of the Contracts (Rights of Third Parties) Act 1999.