Terms and Conditions
All training courses provided by Southwest Training Solutions Ltd (SWTS) are subject to these terms and conditions.
1.1. The Agreement is the agreement between SWTS and The Client for the provision of The Service in consideration for The Course Fee.
1.2. The Awarding Body is Nuco Training, Barton House, Central Treviscoe, Saint Austell, PL26 7QP.
1.3. The Client is the person, company or organisation who contracts for the provision of the Service in accordance with these terms and conditions.
1.4. The Course Fee is the sum payable by the Client to SWTS set out in writing at the time of booking.
1.5. Participant is the individual who is participating in the training course either as The Client or on behalf of The Client.
1.6. The Service is the course booked by the Client.
1.7. The Trainer is a qualified trainer, employed as a Freelancer by SWTS, who will have copies of qualifications and certificates on request.
1.8. SWTS is Southwest Training Solutions Ltd, Rm 93, City Business Park, Somerset Place, Stoke, Plymouth, PL3 4BB. .
1.9. The Venue is the place or premises where The Service is being provided.
2. The Service
2.1. SWTS shall provide the Service to the Client. The Service will be in accordance with the booking and the corresponding course description on the website at the time of booking subject to these terms and conditions.
2.2. Any changes to the Service or these Terms and Conditions must be agreed in writing between SWTS and the Client.
2.3. All written communication between the Client and SWTS must be by email to email@example.com.
2.4. SWTS may amend any errors or omissions on its website, promotional literature, documentation and correspondence without any liability to the Client.
2.5. SWTS may at any time without notifying the Client make any changes to the Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Service or are required by The Awarding Body.
3. The Client Obligations
3.1. The Client at their own expense shall supply SWTS with all necessary information, documents and other materials, as detailed at 3.3.1 where possible and in sufficient time to enable SWTS to provide the Service.
3.2. The Client shall ensure the accuracy of all information, documents and materials supplied.
3.3. In particular, but not limited to, the Client shall provide the following prior to the course:
3.3.1. Name, address and date of birth of the Participant, where required for Awarding Body Certification.
3.3.2. Details of the Participant’s experience, where applicable
3.3.3. Previous Certificates of the Participant where applicable
3.3.4. Details of pre-existing medical conditions and/or any special requirements of the Participant
3.4. The Participant must be punctual, attend and participate in all aspects of the course in order to meet the minimum standard required by The Awarding Body. If the Participant fails to attend part of the course, then SWTS reserve the right to withhold the certificate or refuse The Participant entry to the remainder of the course.
3.5. SWTS will provide The Client with details of the course prior to the start date, however it is The Client’s responsibility to ensure that this has been received and passed to the Participant.
4.1. The Course Fee will be the amount detailed on the website at the time of booking or as agreed in writing between SWTS and The Client.
4.2. Invoices issued to Clients are to be paid within 30 days, from date of Invoice
4.3. If the Client pays the Course Fee or additional fees late SWTS reserve the right to claim interest in accordance with The Late Payment of Commercial Debts (Interest) Act 1998 on the outstanding sum.
4.4. If for any reason SWTS cannot rely on The Late Payment of Commercial Debts (Interest) Act 1998 The Client agrees to pay interest on the outstanding amount due at the rate of 8% above the Bank of England lending rate in force at the time of the debt.
5. Travel Expenses and Accommodation
5.1. Where Clients are booking courses over 50-miles outside of SWTS’ address, additional fees may be incurred. The Client will be notified of any and all additional charges, prior to booking and confirmed in writing.
6. Cancellation and Transfers
6.1. Unless any special terms agreed, the Client shall pay SWTS`s Standard Charges and any additional sums which are agreed between the Company and the Client for provision of the Training Course(s)/Consultancy Services within 10 days of the date of the Company`s invoice in respect of a late booking but in any event prior to the commencement of the Training Course.
6.2. All prices quoted are subject to interest at the rate of 8% over HSBC Bank then current base rate from the due date of payment. Once SWTS`s Standard Charges and any other additional sums which are agreed between SWTS and the Client for the provision of the Training Course(s)/Consultancy Services or other services have been paid, then all of the money paid by the Client is non-refundable unless specific terms are agreed in writing between SWTS and the Client.
6.3. SWTS shall be entitled to invoice the Client in respect of the Training Course(s)/Consultancy Services requested upon receipt of email instruction or via telephone instruction, post/fax or on-line medium.
6.4. All cancellations must be in writing to firstname.lastname@example.org.
6.5. Should circumstances mean that you have to cancel or rearrange your Training Course(s)/Consultancy Services) the following charges will apply:
- More than 3 days prior to the course start date – No Fee
- Within 3 days prior to the course date – 50% of the course fee
- Less than 24 hours’ notice prior to the course – Full fee
6.6. Whilst every attempt is made to ensure that the course will go ahead SWTS reserve the right to cancel the course at any time. Should the course be cancelled The Client will be offered a replacement course at no additional cost.
6.7. SWTS is not liable for any direct or indirect costs or losses that The Client has incurred as a result of the cancellation.
6.8. The Client has the right to transfer the booking onto another course, where the Client gives SWTS written notice 3 or more working days prior to the course start date.
If the Client wishes to cancel the booking due to illness then the provisions relating to cancellation at Clause 6 will apply.
The Client may substitute the Participant provided the Client still complies with their obligations set out in these terms and conditions.
Subject to these Terms and Conditions SWTS will only recommend The Participant for the relevant certificate if in the opinion of the representative of SWTS the Participant meets and evidences the minimum standards required for that qualification.
It is the Client’s responsibility to ensure that all Participants attending a requalification course hold proof of a current (in date) certificate which is valid for the duration of the requalification course being attended. Participants whose certificate lapse 30 days prior to course, will not be recommended for recertification. In this instance the full Course Fee for the Participant will still be charged.
11. Health and Safety and the Venue
11.1. If the Client provides the Venue, it is the Client’s responsibility to ensure that it is a suitable area in which to provide the Service. This will include, but is not limited to, an area that has adequate space, lighting, ventilation, heating and enough space to carry out practical work.
11.2. The Client is required to ensure compliance with Legislation, Regulation, Code of Practise or Guidance laid down by the Health and Safety Executive regarding the suitability of premises provided for courses at a venue provided by The Client. The Client must provide SWTS with details of the training room before confirmation of the course, where there is a requirement for practical work, or the venue is in an unsuitable location.
11.3. Where the Client has provided the venue, The Client is required to advise SWTS of all possible hazards and all procedures SWTS should follow in order to eliminate or minimize the risk associated with the hazard.
12. Disputes and Complaints Procedure
Whilst every effort is made to ensure The Client and the Participant are pleased with The Service if for any reason, they are unhappy then they should make their complaint directly to the Instructor in the first instance. If the complaint cannot be resolved directly with the Instructor, the Client should then notify SWTS of the complaint and an investigation will be conducted. Where necessary or if the client is unhappy with SWTS’ response, SWTS may refer the complaint to The Awarding Body in accordance with their procedures.
13. Limitation of Liability
13.1. SWTS warrants to the Client that the Service will be provided using reasonable care and skill. Where SWTS supplies in connection with the provision of the Service any goods supplied by a third party, SWTS does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise.
13.2. SWTS accept no liability whatsoever for the loss of or damage to the personal property of The Client or Participant whilst they attend a course.
13.3. SWTS shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.
13.4. Nothing in The Agreement excludes or limits or attempts to exclude or limit the liability of either party for death or personal injury caused as a result of its negligence, or for fraudulent misrepresentation; or in respect of the implied warranties contained in the Supply of Goods and Services Act 1982.
13.5. Subject to Clause 13.4 SWTS will be under no liability to The Client whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused.
13.6. Subject to Clause 13, SWTS’ aggregate liability under this Agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused will be limited to the Course Fee paid by The Client for the Service concerned.
SWTS carry public liability insurance to a limit of £5 million. The Client is required to insure any equipment provided for in-house training against accidental damage.
15. Entire Agreement Clause
These Conditions constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
16. Force Majeure
SWTS shall not be liable to the Client or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform The Service or any part thereof if that failure was due to any cause beyond SWTS’ reasonable control.
17. Contracts (Rights Of Third Parties) Act 1999
A person who is not a party to the Agreement shall not have any rights under or in connection with it.
If any clause or part of this Agreement is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from this Agreement and will be ineffective without, as far as is possible, modifying any other clause or part of this Agreement and this will not affect any other provisions of this Agreement which will remain in full force and effect.
19. Governing Law and Jurisdiction
The Agreement is governed by the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with the Agreement.
20.1. Any written communication or notice permitted to be given by The Client to SWTS must be by email to email@example.com,
20.2. Any written communication or notice permitted to be given by RFAT to The Client will be at the address provided by The Client