These terms apply to client delegates. If you are as a consumer, please contact us for more information.
‘a&dc’, ‘we’, ‘us’, ‘our’ means Assessment & Development Consultants Limited, whose registered address is at Accolade House, The Guildway, Old Portsmouth Road, Guildford, Surrey, GU3 1LR and whose Registered Number is 2202841.
‘Booking Form” means the form you complete and return to a&dc upon booking the Training Course.
‘Course Materials’ means all materials used in pre-course work, on the Training Course itself and in any Training Course follow-up activities. For certain Training Courses, this includes a&dc products.
‘Delegate’ means any person booked by the Client to attend a Training Course.
‘Training Course’ means any a&dc public training course booked by the Client, which is subject to these Terms & Conditions of Business.
‘Venue’ means any suitable premises procured for the purpose of delivery of a Training Course.
References to the masculine include feminine and vice versa unless the context requires otherwise.
Headings are for convenience and do not affect their interpretation.
By completing and returning the Booking Form the Client is deemed to have accepted these Terms & Conditions of Business and is therefore bound by the scale of charges for cancellation, postponement, substitution, and transfer and as set out in clauses 6 and 7.
Failure to provide a valid purchase order reference does not affect the Client’s liability for full payment of any fees due.
No alteration of these terms will be accepted unless approved in writing by a&dc.
Failure of a&dc to enforce any part of this contract does not affect its validity.
All Course Materials are copyrighted and remain the property of a&dc and may not be altered, edited, changed in any way, reproduced, sold, re-sold, licensed, loaned or in any other way disseminated without prior written consent from a&dc.
Intellectual property rights in any of a&dc’s Course Materials shall remain vested in a&dc. The Client shall not reproduce or copy or vary or adapt the Course Materials (or any a&dc products contained within the Course Materials) or a substantial part of them by any means or in any way whatever.
All reservations must be made on an a&dc Training Course booking form which will be supplied on request.
Once a reservation has been made, written confirmation of the booking will be issued along with any pre-course work.
Fees and Payment
Fees for a&dc Training Courses and Course Materials and are set out in a&dc’s current catalogue and are correct at the time of publication but could be subject to change without notice.
The Training Course fee includes all Course Materials, refreshments and lunches.
Overnight accommodation is not included in the Training Course fee.
VAT is charged on all fees at the prevailing rate where required by law.
By virtue of the Customer Protection (Distance Selling) Regulations 2000, if a Training Course is booked without face-to-face contact the Client may cancel the contract without liability within seven days of the conclusion of that contract.
a&dc must receive payment in full at least 14 days before the Training Course start date in order to reserve places. Consideration will be given to bookings made within 14 days of the Training Course start date at a&dc’s discretion, but payment must still be received before the Training Course start date.
a&dc reserves the right to re-allocate the Training Course places to other Delegates on the waiting list, if the fees are not paid on time.
For Clients with approved credit accounts, invoices should be paid within 30 days from the date of invoice or 14 days in advance of the start date for public courses. a&dc reserves the right to charge interest at the rate of 3% over the prevailing Bank of England base lending rate on the invoice price from the due date until the date a&dc is in receipt of funds.
The Client shall not be entitled to make any deduction from the price in respect of any set-off or counterclaim.
The Client consents to pay fees detailed in clauses 6 and 7 for cancelling, postponing, substituting, and transferring attendance.
a&dc accepts payment in £ Sterling by Cheque, Bank Transfer, Visa or MasterCard. Payments in other currencies can be made by arrangement. Clients are expected to pay all charges in relation to bank transfers and currency transactions.
Cancellation and Postponement
Only written postponements or cancellations will be accepted for consideration by a&dc.
The Client consents to pay fees as detailed in clause 6.5 for cancelling or postponing a booked Training Course.
Any Training Course which is initially postponed then subsequently cancelled will be treated as a cancellation from the date of the postponement and fees will be charged accordingly.
In the unlikely event that a&dc cancels a booked Training Course or part of a booked Training Course, all fees will be refunded (unless the Client has previously postponed the Training Course) unless an alternative Training Course is booked by arrangement between a&dc and the Client to the satisfaction of both parties. a&dc’s liability in such circumstances will be limited to notifying Delegates as soon as reasonably possible (providing a minimum of 5 Working Days’ notice) and to refunding of any fees paid in respect of the cancelled Training Course.
Where bookings are postponed or cancelled by the Client, the Client agrees to pay a&dc the fees defined below:
Notice Provided / Postponement Fees / Cancellation Fees
Substitutions and Transfers
Substitute Delegates are welcome at any time before the Training Course start date with no penalty charge.
Applications to transfer from one Training Course to another will be treated as a postponement and the rules for postponement will apply. The rescheduled date will be treated as a new booking.
a&dc’s liability to the Client in respect of any claim for breach of contract, negligence, breaches of statutory duty or under any indemnity or otherwise shall be limited as follows:
In respect of any claim for personal injury or death caused by a&dc’s negligence or that of its employees, agents and/or sub-contractors, no limit shall apply;
In respect of any other claim, a&dc’s liability to the Client shall be limited in aggregate to the sums (excluding VAT) paid by the Client to a&dc under these Terms & Conditions of Business.
a&dc shall not be liable for any indirect or consequential loss including loss of profits; loss of earnings; loss of business or goodwill; business interruption; even if a&dc had notice of the possibility of the Client incurring such losses.
Both the Client and the Delegate are obligated to inform a&dc of any health and safety issues likely to affect the Delegate or any other person as a direct or indirect result of the Delegate attending a Training Course arranged by a&dc.
Where food is provided, no liability will be accepted by a&dc where special dietary requirements have not been specified prior to the commencement of a Training Course.
Change of Delegates will be permitted subject to clause 7, but no liability will be accepted by a&dc should any replacement Delegate prove to be inappropriate for the Training Course for any reason whatsoever.
a&dc does not accept liability for any Delegate who proves to be inappropriate for the Training Course for any reason whatsoever.
In the event that a Delegate is asked to leave any Training Course, cannot complete the Training Course for any reason or does not pass any module, written examination or any other competency based assessment, no refund will be payable by a&dc to the Client.
Should the Delegate be inappropriately attired for the Training Course, be under the influence of alcohol or other intoxicating substances (whether prescription or non-prescription), be late for any part of the Training Course or behave in a way likely to cause alarm or distress to others, a&dc reserves the right to exclude the Delegate without liability and all fees will be considered forfeit.
No responsibility for travel expenses will be accepted by a&dc due to a Venue change for an alternative Training Course or part of a Training Course arranged due to the circumstances described in clause 6.4.
The Client shall be responsible for all incidental expenses (including without limitation travel and accommodation expenses) for each Delegate participating in a Training Course.
Neither party will be liable for any delay or failure in the performance of its obligations under these Terms & Conditions of Business if such delay or failure is due to an event of force majeure. a&dc shall be entitled to reschedule Training Courses where there are insufficient Delegates.
The parties hereby agree that nothing in these Terms & Conditions of Business shall be construed as creating a right that is enforceable by any person who is not a party to these Terms & Conditions of Business or a permitted assignee of such a party.
The Client may not assign, transfer, charge or deal in any other manner with these Terms & Conditions of Business or any of its rights under it, or purport to do any of these things, or sub-contract any or all of its obligations under these Terms & Conditions of Business without the prior written consent of a&dc.
The Training Course(s)
Delegate requirements and Venue information will be notified to the Client or Delegate prior to Training Course commencement.
A full day will run from 09.00 hrs until 17.30 hrs with two 15 minute coffee breaks and one 45 minute lunch break.
Travel to and from training Venues will be the sole responsibility of the Delegate and/or the Client. No liability for the health, safety and welfare of the Delegate whilst travelling to or from training Venues or any travelling costs (however incurred) will be accepted by a&dc under any circumstances.
The Client warrants and undertakes to a&dc that all personal data given to a&dc complies in all respects with the Data Protection Act 1998 and that a&dc may use such information for the purposes of administering and/or providing the Training Course(s). Any Personal Data provided to a&dc will be recorded by a&dc on its training services database.
This agreement under these Terms & Conditions of Business may be terminated at any time by either party subject to rearrangement or fees as per clauses 6.3, 6.4, and 6.5.
These Terms & Conditions of Business are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the courts of England and WalesHeadings are for convenience and do not affect their interpretation.