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Contract terms
1.1
We agree to provide services to you on the following
terms and conditions. These constitute a
contract between us and you and must be read together
with any other documents explicitly agreed to be part
of this contract. Any other terms and conditions
contained in any other document are excluded unless
their inclusion is expressly agreed in writing by
us.
1.2
In these terms and conditions
1.2.1 "we" and
"us" means Improve International Limited;
and
1.2.2 The
"Service" means the service that you have
ordered from us, as set out in the service
description or other agreed document.
2.
Service
2.1
Where we quote a charge for the Service to you, that
charge shall remain open for acceptance by you within
the following 30 days.
2.2
When you order the Service from us you have the right
to withdraw your instructions, without charge, at any
time within seven days afterwards. This right
will cease, however, if the service is provided with your consent
within that time.
2.3
We will aim to provide the Service in accordance with
any dates agreed with you. However, any dates
quoted for the provision or start, and/or completion
of the Service are approximate only and we shall not
be liable for any delay in relation to the same
howsoever caused.
3.
Payment
3.1
You must pay the charges which are notified to you by
us for the Service.
3.2 Except
in exceptional circumstances payment is to be made in
advance of all courses and services In
the event of late payment we reserve the right to
charge Statutory Interest on the outstanding
balance.
4.
Your obligations
You agree that you will:
4.1
co-operate fully with us in relation to the provision
of the Service (and ensure that your employees do
likewise);
5.
Our obligations
We agree that we will:
5.1
provide the Service with reasonable skill and
care;
5.2
keep confidential any confidential information that
you provide to us;
5.3
provide adequate security in accordance with the Data
Protection Act 1998 for any data that you provide to
us;
5.4
act only in accordance with your instructions in
relation to any data that you provide to us;
and
5.5
keep a secure record of your data for at least 7
years.
6.
Complaints
If you are dissatisfied with any aspect of our
service please contact either Your complaint will be
acknowledged within two working days of receipt and you
will be kept informed of the progress toward
solution.
7.
E-mail policy
We routinely communicate via e-mail unless we have
been specifically requested not to do so or it is
clearly inappropriate. Our computer systems are
regularly virus checked. Whilst we use all
reasonable endeavours to
prevent the transmission to you of known viruses, you
should also check all incoming electronic messages
for viruses and use virus protection software to
monitor your files, electronic messages and their
attachments..
8.
Registering for a course
In
registering for their course, delegates should note
the following Terms & Conditions:
On
registering for a course, the delegate agrees to pay
for the course in full, as described on the
registration form. If for any reason (such as
inadequate numbers of registrants) a course is not
run, then any registration fee will be refunded in
full, however other expenses incurred by delegates
such as any pre-booked travel expenses are
excluded.
All
cancellations by delegates must be made in
writing. A cancellation fee of 20% of the total
registration fee will be made for cancellations up to
28 days before the course. Refunds will not
normally be made for cancellations within 28 days of
the course. Any claims for refunds should be
made in writing to the Directors of Improve
International Ltd.
Delegates
may substitute another person in place of themselves
for a course or module, but must notify Improve in
advance of the name of the person attending so that
the delegate register accurately reflects
attendance.
Delegates
must inform Improve International Ltd (Improve) in
writing, allowing 14 days notice, if they cannot
attend or wish to change venue for a particular
module. Failure to do so may result in a nominal fee
being charged to cover the additional venue costs
incurred.
Attendance
of a missed module is subject to receipt of a written
request and to a similar alternative module being
available in the following twelve-month period.
Delegates
must ensure that Improve is notified of any changes
in their contact details. Improve can not be
held responsible for non-notification of course
changes if up-to-date details have not been
provided.
Delegates
should ensure Improve is notified of any special
dietary requirements.
Replacement
notes are available for an additional charge
dependent upon the costs incurred in
reprinting.
Improve
reserves the right, under exceptional circumstances,
to alter the venues, dates, or speakers of
courses. Under such circumstances, Improve will
give maximum possible notice to delegates.
Improve’s
main
venues are covered by Third Party Liability
insurance, however delegates should ensure that they
themselves have appropriate insurances in place,
particularly if the course involves visits to other
centres/facilities, for
example for practical sessions.
Improve
will ensure that speakers are suitably experienced in
their subject. Speakers are responsible for the
accuracy and correctness of information supplied and
Improve cannot accept responsibility for any
inaccuracies or errors which may arise in either the
spoken or written word.
9.
Termination
9.1 We can
terminate this contract if you are the subject of a
bankruptcy order (or the equivalent in any other
jurisdiction) or if you become insolvent or make any
arrangement or composition with, or an assignment for
the benefit of, your creditors or if any of your
assets are the subject of any form of seizure.
If you are a company, we can terminate this contract
forthwith if you go into liquidation, either
voluntary or compulsory, or if a receiver or
administrative receiver or administrator is
appointed.
9.2 In
addition to our termination rights set out earlier,
we may, at any time and at our sole option, either
suspend the Service under this contract or terminate
this contract immediately if:
9.2.1 you breach any term of
this contract; or
9.2.2 any fee or charge
remains unpaid by you before the commencement date of
your course/service or 7 days after receipt of an
invoice
9.3 Any
waiver by us of any breach by you of this contract
will not prevent us from taking action against you if
you are in breach of contract again at a later
date.
10.
Liability
10.1 We
accept liability for faults in the Service and for
our own negligence. This, however, is
limited to the
extent stated in this clause.
10.2
Nothing in this Agreement shall be construed as
restricting or excluding our liability for death or
personal injury resulting from our negligence or for
fraud or, to the extent that such rights may not be
contracted out of, as affecting the statutory rights
of any person dealing as a consumer.
10.4
Subject to the immediately preceding sub-clause, we
shall be liable to you in respect of all direct loss
or damage caused by our acts or omissions and those
of our employees, agents or sub-contractors, other
than Excluded Loss. In this clause the
expression "Excluded Loss" means all special
loss (whether or not the possibility of such loss
arising on a particular breach of contract or duty
has been brought to our attention at the time of
making this contract) and loss, corruption or
destruction of data or loss of profits, business or
anticipated savings, whether incurred directly or
indirectly, or any indirect or consequential damage
whatever, either in contract, tort (including
negligence) or otherwise.
10.5 For
the avoidance of doubt, in no event shall either
party be liable to the other for any indirect or
consequential loss of any nature and howsoever
caused.
10.6 We do
not have any implied obligation, duty or liability in
contract or tort (including negligence) other than
those explicitly stated in this contract.
11.
Force majeure
We are not liable for any breach of this contract
caused by matters beyond our reasonable control,
including, but not limited to, Acts of God, fire,
lightning, explosion, war, disorder, flood,
industrial disputes (whether or not involving our
employees), failures or interruptions of electricity
supplies, weather of exceptional severity or acts of
local or central Government or other
authorities.
12.
General
12.1 Any
notice required or permitted to be given by either
party to the other under this contract shall be in
writing addressed to that other party at its
registered office or principal place of business or
such other address as may at the relevant time have
been notified under this provision to the party
giving the notice.
12.2 If any
provision of this contract is held by any competent
authority to be invalid or unenforceable in whole or
in part the validity of the other provisions of this
contract and the remainder of the provision in
question shall be unaffected.
12.3 This
contract excludes and/or supersedes any previous
statements or agreements between us whether written
or oral relating to the provision of the
Service.
12.4
This
contract shall be governed by the laws of England and
we both agree to submit to the non-exclusive
jurisdiction of the English Courts.
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