Terms & Conditions
Norfolk Safety CIC Terms & Conditions
I. “Company” shall mean the employer of the delegate or the company entering into this agreement for training or for the purchase of other goods and services.
II. “Course” shall mean any course of training arranged by Norfolk Safety CIC.
III. “Delegate” shall mean any person accepted on a course.
IV. “Cost” shall mean the amount payable for any course, goods or service and is subject to the addition of VAT at the prevailing rate.
V. “Duration” shall mean the approximate time a course will delivered in, subject to variation and alteration according to circumstance.
I. Further to a course enquiry you will receive a booking form which should be checked and verified. Once this has been emailed back to Norfolk Safety CIC this will confirm the named company’s acceptance of Norfolk Safety CIC Terms and Conditions.
II. Delegate names, Job Titles, Telephone contact number and email address.
III. Booking and delegate registration will be deemed to have been accepted only when the company has returned the booking form, received joining instructions and /or received confirmation in writing or by email by Norfolk Safety CIC.
IV. Norfolk Safety CIC reserves the right to refuse any booking or individual registration without supplying a reason.
3. Travel & Subsistence
I. Additional charges will apply using the following format when training is delivered outside of the county of Norfolk.
II. If travel from the boarder falls within 1 hour the time travel time will be calculated from the boarder to the destination at a rate of £30.00 per hour (plus VAT).
III. If the destination is calculated to exceed 1 hour then the travel time will be calculated from Norfolk Safety CIC’s registered office in Norwich Norfolk at a rate of £ 30.00 per hour (plus VAT).
IV. If over night accommodation is required Norfolk Safety CIC will charge for accommodation and subsistence at a rate agreed at the time of booking in accordance with the regional accommodation and subsistence rates.
3. Terms of Payment
I. An invoice will accompany confirmation and training joining instructions to the company contact or designated accounts department from Norfolk safety CIC.
II. An invoice will dispatched for any other goods and services once an order has been confirmed.
III. All invoice amounts must be paid within 30days of the invoice date unless other written agreement has been received by the company from the Managing Director of Norfolk Safety CIC.
IV. Where the condition at (iii) above is not met, Norfolk Safety CIC reserves the right to charge interest at 5% per month until the fees are paid in full.
V. Payment should be made through direct payments to Norfolk Safety CIC.
VI. Credit/ Debit Card payments will be subject to a 3% additional charge.
4. Cancellation or alternatives
I. Should Norfolk Safety CIC find it necessary to cancel or reschedule any course, the company will be offered an alternative course or a full refund of course costs.
II. Norfolk Safety CIC reserves the right to provide an alternative venue and trainer to those published or advised.
III. Delegates may be substituted without penalty provided written notice is received prior to commencement of the course.
IV. If a company cancels an order for goods and services (other than Training) once the items have been received by Norfolk Safety CIC, we reserve the right to make the full charge as invoiced.
5. Cancellation / Reschedule fees
Should a delegate or company cancel or reschedule, Norfolk Safety CIC reserves the right to charge a fee on the following basis:
I. More than 20 working days before the commencement of the course, 10% of the invoice costs.
II. Between 20 and 11 working days before commencement of the course, 50% of the invoice costs.
III. Within 10 working days of the course, 100% of the invoice costs.
6. Consequential loss
I. Norfolk Safety CIC does not accept responsibility for any claims for consequential loss suffered by the delegate and/or the company following the cancellation or postponement of a course.
II. The liability of Norfolk Safety CIC for the cancellation or postponement of any course shall be limited to the course fees.
I. Norfolk Safety CIC reserves proprietary rights on all course notes and material provided for a company or delegate and no part of any course notes or material may be reproduced or transmitted in any form or by any means electronic mechanical photocopying recording or otherwise or stored in any retrieval system of any nature without the written permission of Norfolk Safety CIC.
8. Acceptance of terms
I. No variation can be made to these terms without written consent of an officer of Norfolk Safety CIC.
II. These terms of business are deemed to be accepted by the company by virtue of the return of a booking/order form for Training, Goods and Services.
9. Warranties and Liabilities
I. Norfolk Safety CIC warrants that the courses, goods and services will be provided using reasonable care and skill and as far as reasonably possible, in accordance with generally accepted industry standards and within the times referred to in the booking/order form.
10. Warranties and Liabilities
I. Except for the express limited warranties set out in Clause 9.i above, Norfolk Safety CIC makes no warranty of any kind with respect to the courses and hereby expressly excludes all other warranties, conditions, all other terms or guarantees, written or oral, express or implied, statutory or otherwise including without limitation, any implied warranties, conditions, all other terms or warranty of merchantability, satisfactory quality or fitness for a particular purpose of the course or course material.
II. Norfolk Safety CIC shall have no liability to the company for any loss, damage, costs, expenses or other claims for compensation arising from any course material or instructions supplied by the Company 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 Company.
III. Except in respect of death or personal injury caused by Norfolk Safety CIC’s negligence, or as expressly provided in these Conditions, Norfolk Safety CIC shall not be liable to the Company or the delegate by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Norfolk Safety CIC, its servants or agents or otherwise) which arise out of or in connection with the provision of the course goods and services (including any delay in providing or failure to provide the course, goods or service or their use by the Company and the entire liability of Norfolk Safety CIC under or in connection with the Contract shall not exceed the amount of the charges for the provision of the course, goods or services, except as expressly provided in clause 3.
IV. Norfolk Safety CIC shall not be liable to the Company or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform, any of Norfolk Safety CIC’s obligations in relation to the course, if the delay or failure was due to any cause beyond Norfolk Safety CIC’s reasonable control.
I. Either party may terminate (without limiting any other remedy) at any time 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, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.
12. Applicable Law
I. English Law shall apply to the Contract and the parties agree to submit to the exclusive jurisdiction of the English courts.
I. These conditions (together with those, if any, set out in the Booking and Order Form) 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 conditions express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
II. Norfolk Safety CIC and the Company shall, at all times, in the performance of the Contract, conform with all applicable statutory and regulatory requirements including but not limited to the Data Protection Acts 1984 and 1998 and any statutory amendment or re-enactment of them.
III. Norfolk Safety CIC shall be entitled to assign or transfer the Contract and/or any rights hereunder at any time. The Company may not assign or transfer the Contract and/or any rights hereunder without Norfolk Safety CIC’s written consent and any attempt to do so without such consent shall be void.
IV. A notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
V. No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
VI. If any provision of these conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
VII. This Contract is made solely for the benefit of Norfolk Safety CIC and the Company and their respective successors and permitted assigns. No other person shall acquire or have any right under or by virtue of this Contract, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise