Terms & Conditions

Recitals 

The Client agrees to engage TWD Training Ltd to provide training services on the terms and  conditions set out in this agreement. 

  1. DEFINITIONS 

“Company” means TWD Training Ltd, a registered company under the laws of England and Wales  under registration number 14285929, with registered offices at TW Works, Holmesdale Road, South  Darenth, Kent, DA4 9JP; 

“Client” or “Customer” means the person, organisation, firm, corporation, or training broker instructing the Company to undertake training, inspection, and consultancy services. 

“Training Broker” means the organisation, firm or corporation who enters into an agreement with the  Company to directly promote, sell and endorse the Services of the Company. 

“Delegates” means those persons identified by the Client or Training Broker to the Company who  will attend at the Training Location to receive the Services, including any substitutes. 

“Substitute” means a replacement Delegate. 

“Course” means the training session or sessions and all corollary materials and services which the  Company provides to the Client or Training Broker 

“Course Material” means any documents, training materials, data sets or computer programs  supplied for the purpose of the Course. 

“Booking Form” means the training booking form which must be completed and returned by the  Client or Training Broker to confirm their booking and the details of the Course and Delegates  attending. 

“Cancellation Charges” means the cancellation charge to be paid by The Customer to the Company  more particularly defined in clause 11 hereof; 

“Course Date” means the scheduled date of the specific course or service. 

“Cost” means the full price of the course or service as advertised on the Company’s website and  marketing materials, or identified in any bespoke Proposal The costs quoted are exclusive of any  applicable VAT. 

“Location” means the place at which the Course will be provided; TWD Training, South Darenth “Payment” means the amounts paid by the Client or Training Broker to the Company; “Service” means the course or service provided by the Company to the Client or Training Broker; 

“Working Days” means days between and including Monday to Friday and do not include public  holidays and/or weekends; 

“Intellectual Property” means all inventions, patent applications, granted patents, registered and  unregistered designs, copyright works, trademarks or similar rights registered or unregistered and  all confidential information; 

  1. INTERPRETATION 

The masculine includes the feminine and the neuter and vice versa. 

The singular includes the plural and vice versa. 

A reference to any statute, enactment, order, regulation, or other similar instrument shall be  construed as reference to the statute, enactment, order, regulation, or instrument as amended from  time to time.

  1. APPOINTMENT 

All Booking Forms must be completed and returned to the Company within forty-eight (48) hours of  issue, unless; 

Where the Course Date is within 10 working days where all booking forms must be returned within  twenty-four (24) hours, unless; 

Where the Course Date is the next working day where the booking form must be returned within  two (2) hours or by the close of business (normally 5pm) the same day of issue (whichever is sooner). 

Booking forms that are not returned to the Company and confirmed are liable to cancellation without  notice. 

The Client or Training Broker appoints the Company to provide the Service in return for the Payment  of the Cost. 

  1. OBLIGATIONS OF THE COMPANY 

The Company will: 

Undertake all reasonable endeavours to provide the Service at the Location on the Course Date. The  Company reserves the right to make reasonable variations to the Course, Course Date, Location or  Course Material, without notice. 

Exercise reasonable skill, care, and diligence in providing the Service. 

All Services will be delivered in English. It is the responsibility of the Client or Training Broker to  ensure all Delegates attending are competent in both written and verbal English. 

  1. VAT, DUTIES OR TAXES 

All course or service costs due under this agreement unless otherwise stated are exclusive of VAT  and other duties or taxes. 

Any VAT or other duties or taxes payable in respect of the service cost shall be payable in addition  to service cost. 

  1. INTELLECTUAL PROPERTY RIGHTS AND DATA PROTECTION 

All copyright and other Intellectual Property rights in all specifications, drawing, illustrations,  diagrams, and other documents issued by the Company will remain the property of the Company  and may not be reproduced without permission. 

The policy of the Company with respect to data protection is detailed on its sister Company website  (www.twdrainage.co.uk), which should be read in conjunction with these terms and conditions. 

  1. INDEMNITY 

The Company shall indemnify the Client or Training Broker against any claim for death or personal  injury without limit caused by the negligence or breach of statutory duty of the Company, its servants,  or agents. 

  1. LIMITATION OF LIABILITY 

Subject to clause 10 hereof the total liability of the Company to the Client or Training Broker for any  reason and upon any cause of action shall be limited to the amount of any Payment and other  charges which the Client or Training Broker has paid to the Company under this agreement. 

The Company shall not be liable for indirect or consequential loss, how so ever caused. The Company may assign or subcontract the whole or any part of the Service. 

Course timings may vary dependent on the experience, ability and number of Delegates attending  each Course.

Certificates will be dispatched within twenty-eight (28) days of the Course Date, unless otherwise  stated at the time of booking, however, Certificates will only be dispatched when full Payment of the  Course Cost and/or Service Cost and VAT or other duties or taxes due have been made. 

  1. THE CLIENT’S OBLIGATIONS 

The Client shall: 

Ensure that the agreed Delegates attend at the Location on the scheduled course date and time to  receive the Service. Late arrival to a course, or absence from a course for any prolonged duration  may result in the Delegate being refused the Service. The instructor’s word is final; 

Ensure that the Delegates are sufficiently competent to receive the Service. This will also extend to  competence and ability to comprehend both written and verbal English language; 

Withdraw any Delegate from attendance at the Location upon the reasonable request of the  Company; 

Pay the Payment on the due date for payment; 

Pay the Cancellation Charge in full where requested. 

The Client will ensure the provision of adequate Employer’s Liability Insurance, Public Liability  Insurance, and where applicable Professional Indemnity Insurance and Motor Vehicle Insurance. 

  1. PAYMENT TERMS 

All costs quoted are in Sterling and excluding V.A.T (Value Added Tax) or other duties or taxes  payable. 

Upon receipt of the signed Booking Form from the Client, the Company will book the Course and  send an invoice to the Client. 

Upon receipt of the invoice, the Client will pay the Company the full invoiced service cost including  VAT by return unless otherwise agreed in writing by both parties. 

Upon receipt of the invoice, those Client’s offered credit account facilities must settle all undisputed  invoices within thirty days (30) of the invoice date without demand, deduction or set off. Certificates  will only be dispatched when payment has been received by the Company in full. 

Late Payment – The Company reserves the right to charge interest on all unpaid invoices at the rate  of eight per cent (8%) per annum plus the Bank of England base rate prevailing at the date the invoice  becomes overdue. In respect of payments by the Client time shall be the essence of this agreement. 

Invoice errors or queries must be notified to the Company immediately upon receipt of the invoice  by the Client. 

  1. CANCELLATION AND TRANSFER CHARGES 

The Company reserves the right to cancel or alter the Course Date or Provision of Service, the  Location and the individual or organisation providing the Service. In event of cancellation, the  booking will normally be transferred to the next available Course Date unless The Client specifically  requests otherwise. 

Where the Client cancels any Service or the Delegates fail to attend at the Location on the scheduled  course date or arrive late for the event start time, for whatever reason the following charges will be  paid by the Client to the Company: 

Cost for course cancellations made more than 14 Working Days before the course date will be  refunded minus a cancellation and administration fee of £50.00 plus VAT. 

Course cancellations made within 14 Working Days of the course date, or, where delegates fail to  attend the training course on the scheduled course date, will be charged in full and no refund will  be given. All cancellations must be made in writing. Delegate substitutions may be made prior to  the course start date giving written notice.

No refund, credit, transfer, or rebooking credit will be given for any failure to attend a course or  arrive late for the event start time, for whatever reason. All cancellations must be made in writing. 

The date and time that the Company receives the written notice of cancellation or amendment will  be regarded as the date and time that the notice has been made and appropriate cancellation  charges will be applied. 

Course transfers only relate to the delegates who are transferring to a different course date on the  same course. The choice of course date must be specified at the time of transfer, otherwise the  instruction will be considered a cancellation. 

Course transfers made within 14 working days before the course date can be made at an additional  fee of 75% of the original invoiced course cost. 

If a candidate fails to successfully complete or pass their chosen training course qualification, the  delegate may rebook the same course at an additional fee of 75% of the original invoiced course  cost if booked and paid for within 30 days of the original course date. 

  1. WARRANTIES 

The Company warrants that: 

The Course will be of satisfactory quality and will be delivered in line with best industry practice; The Course provided is as described on any marketing literature; 

The Course Materials will be of satisfactory quality and fit for purpose; and 

It holds all licenses, permissions, accreditations, and consents needed to deliver the Course. 

  1. DELEGATE CONDUCT 

The Company reserves the right to prevent a Delegate(s) from attending a Course, or to expel a  Delegate(s) from a Course if their behaviour is deemed as inappropriate or disruptive. The  instructor’s word is final. 

Delegates must produce suitable photo identification to the instructor on demand when attending  a training course. Failure to produce suitable photo identification and proof of identification may  result in the delegate being ejected from the training course. If delegates have any questions relating  to identification, they must contact our training administration manager on 0800 121 6122 at least  24 hours before the training course start time. 

  1. ON SITE TRAINING CRITERIA 

It is the Client’s responsibility to ensure that the training facilities, equipment, and environment at  their proposed training site (Location) are appropriate for the Service as indicated on the appropriate  Booking Form and On-Site Training Criteria agreement. 

The Company and/or designated company representatives reserves the right to  abandon/discontinue or rearrange the provision of service where such circumstances prevail that  would affect the quality and delivery of the service. This includes the provision of faulty equipment  and plant without relevant test and calibration certificates. In the event of cancellations/re 

organisation, the Client is responsible for all costs incurred. 

  1. INVALIDITY OF ANY PROVISION 

In the event of one or more of these terms and conditions or any part thereof being invalid, illegal,  or unenforceable in any respect the validity, legality or enforceability of the remaining terms and  conditions shall not be affected or impaired. 

  1. ENTIRE AGREEMENT 

This agreement constitutes the complete and exclusive statement of the agreement between the  parties as to the subject matter hereof and supersedes all previous agreements with respect thereto.

  1. GENERAL TERMS 

No variation of these terms and conditions will be effective unless agreed in writing by a Director of  the Company. All terms other than those expressly set out in this agreement are hereby excluded.  These terms expressly exclude any rights afforded any third party pursuant to the Contract (Rights of  Third Parties) Act 1999. 

  1. LAW AND JURISDICTION 

The construction, validity and performance of these terms and conditions shall be governed in all  respects by the law of England.