Unless specifically waived or otherwise agreed in writing between the parties, the following terms and conditions (“Terms and Conditions” or “Agreement”) shall apply to all registrations and agreements for training courses to be held on sites owned (including sites leased or otherwise occupied) by Teesside Rigging and Lifting Ltd (“TRL”) or any of its associate branches or companies.
2. Registration and order Confirmation
The booking of a place on a training course shall be deemed to be accepted upon written confirmation from TRL or upon the other party’s whether a corporate or self-sponsored client (the “Client”), written acceptance of TRL’s quotation.
Upon the booking of a training course, these Terms and Conditions shall govern the relationship between TRL and the Client. The Client shall procure that all persons (whether it’s employees, agents, consultants or subcontractors) attending a training course booked by the Client or the Client itself in the case of a self- sponsored client,(a “Participant”) shall act in accordance with and fully comply with these Terms and Conditions.
3. Fees and Payments
The fees for standard training courses are set out in the TRL price list in force from time to time which is available upon request.
Written quotations of TRL shall be valid for a period of 30 days from the date on which they are given but TRL may withdraw such quotation at any time.
Applicable fees are stated in the quotation and shall be payable in the local currency unless otherwise indicated.
All prices are exclusive of VAT and any other taxes which shall be payable in addition to the fees at the prevailing rate(s) where applicable. The fees include the cost of course materials, course facilities and equipment unless otherwise agreed.
The Client shall pay each invoice submitted to it by TRL, in full and without withholding or deduction and in clear funds, within 14 days of receipt of the invoice or as otherwise stated in the invoice. Self sponsored clients shall pay prior to the first day of training course.
Without prejudice to any other right or remedy that it may have, in the event of failure by the Client to pay TRL on the due date. TRL may charge interest on such sum from the due date for payment at the annual rate of 4% above on the base lending rate set by Barclays Bank PLC, accruing on a daily basis and being compounded quarterly until payment is made.
4. Cancellation policy
The Client may give notice to TRL that it no longer requires the bookings on a training course provided such notice is in writing and received at least 21 days before the commencement of the training course. In such circumstances, TRL shall refund to the Client all the monies in respect of such training courses. If notice of cancellation has not been received at least 21 days prior to commencement of the course or a Participant fails to attend a training course for any reason whatsoever, all fees payable in respect of such course shall remain payable to TRL. In such cases, with the exception of client specific bookings, bookings may be transferred to a different start date within 6 months.
TRL reserves the right to cancel or postpone any training course for any reason whatsoever and in such event, TRL’s liability shall be limited to a full refund of fees paid, or where available and acceptable to the Client, transfer to a training course on an alternative date.
All complaints in respect of a training course shall be made in writing and sent to TRL within 30 days from the date of the last day of the course in question.
6. Course certification
A Participant must complete all aspects of a training course to the standard(s) specified by TRL in order to receive course certification.
If the Participant fails to complete any element of a training course, the Participant shall not be entitled to certification. Any matter relating to the provision of course certification shall be determined by TRL in its absolute discretion.
7. Duplicate certificate
Requests for duplicate certificates must be made in writing by the Client or Participant stating the relevant training course, date, Participant name and date of birth. A charge per copy certificate will be applicable. This fee must be paid in advance of the duplicate certificate being issued.
If requested and if available, TRL will assist the Client in providing information to Participants about local accommodation. TRL accepts no responsibility for the provision of such information and shall not be liable for any losses (direct, indirect, consequential or otherwise) arising from any arrangement between the Client or Participant and the provider of such accommodation.
9. Health and Safety
The Client must procure that each Participant shall at all times during the training course:
a) Act in full compliance with all the health and safety legislation, regulations and policies;
b) Follow all instructions or directions given by TRL personnel; and
c) Not be under the influence or in possession of alcohol or illegal substances.
If any Participant fails to act in accordance with the above requirements or is reasonably believed to have taken or used any illegal substances or alcohol, TRL may, in its absolute discretion, require such Participant to leave the training course. TRL will inform the client of any such event. In such event, no fees or payments shall be reimbursed to the Client for the Participant’s failure to complete the training course.
Each Participant shall, and the Client shall procure that the Participant shall, read and understand TRL’s “Booking confirmation and course information booklet” before participating in the training course.
It shall be the Client’s sole responsibility to ensure that Participants are sufficiently fit and able, including being free from respiratory disorders and heart disease, to participate in any physical activity forming part of the training course. If in doubt, it is recommended that Participants seek appropriate medical advice prior to commencement of the training course. TRL reserves the right to refuse to provide training courses to any Participant when it considers such Participant’s involvement may pose a risk to the Participant’s own health and safety or the health and safety of others.
10. Data protection
The Client and Participant agree that TRL is permitted to hold personal information about the Participant as part of its personnel and other business records and TRL may process such personal data as part of TRL’s business as a data controller or data processor as the case may be. The Client shall obtain all necessary consents from Participants for TRL to use personal data in the ordinary course of TRL’s business. Such processing may include transfer to countries or territories outside the European Economic Area (the “EEA”). The Client and Participants agree that TRL may disclose such information to third parties (including, for the avoidance of doubt, third parties situated outside the EEA) only if and to the extent that such disclosure is, in TRL’s view, required for the proper conduct of TRL’s business or that of any subsidiary, associated or holding company/ies of TRL. This clause applies to information held, processed or disclosed in any medium. The Client shall at all times comply with, and assist TRL in complying with, any subject access request and any legal or regulatory obligations. The terms “personal data”, “data processor” and “data controller” shall have the meanings given to them in the Data Protection Act 1998 and “subject access request” shall mean the rights granted under Part II (7) of the Data Protection Act 1998. The Client shall indemnify TRL in relation to all losses, liabilities, damages and expenses arising directly or indirectly from any failure by the Client to comply with the provisions of this clause 10.
11. Intellectual property rights
All copyright, design rights and any other intellectual property rights (registered or unregistered) used, created or embodied in or arising out of or in connection with the delivery of the services shall remain the sole property of TRL and the Client and Participant shall not during, or at any time after, the completion of the training course assert ownership of or disputes TRL’s ownership of such rights and shall assign to TRL such rights to come into its possession.
All materials and information (in whatever form) provided by TRL to the Client or Participant in connection with the services may not be copied, distributed or made available to any third parties. The Client and the Participants shall not use such material and information for any reason which is not connected to the training course or the Services provided by TRL.
A Participant is, subject to the previous paragraph, entitled to retain for their personal use the training course materials that are provided to them for this purpose. Any other materials relating to the training course (in whatever format) provided to the Client or a Participant shall be returned to TRL on the earlier of the completion of the training course or upon request by TRL. The Client and the Participants shall not copy or otherwise reproduce any materials (including training course materials) provided by TRL without TRL’s prior written consent.
12. Liability of Clients and Participants
It is the responsibility of the Client to ensure that all sponsored Participants behave responsibly at all times. TRL reserves the right to remove a Participant from a course without liability, if in TRL’s reasonable opinion; the behaviour of a Participant is unacceptable.
The Client or the self- sponsored Participant shall be liable without limitation for any damage to TRL’s facilities, including but not limited to furnishings, premises and equipment, caused by the Participant and resulting from negligence.
In the event a Participant requires medical treatment or hospitalisation the Client, or Participant in case of self-sponsored Participants, shall bear all costs for such medical treatment or hospitalisation.
13. TRL’s liability and limitation of liability
13.1 This clause 13 sets out the entire financial liability of TRL (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to the Client and /or Participants in respect of:
a) Any breach of this agreement
b) Any use made by the Client or Participant of the services provided to the Client or a Participant (including any course materials or part of them) (“Services”); and
c) Any representation, statement or tortuous act or omission (including negligence) arising under or in any connection with this Agreement.
13.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
13.3 Nothing in this Agreement limits or excludes the liability of TRL:
a) For death or personal injury resulting from negligence; or
b) For any damage or liability incurred by the Client or Participant as result of fraud or fraudulent misrepresentation by TRL
13.4 Subject to clause 13.3:
a) TRL shall not be liable for:
i) Loss of profits; or
ii) Loss of business; or
iii) Depletion of goodwill and/or similar losses; or
iv) Loss of anticipated savings; or
v)Loss of goods; or
vi) Loss of contract; or
vii) Loss of use; or
viii)Any special, indirect, consequential or pure economic loss, costs, damages or expenses; and
b) TRL’s total liability in contract, tort (including negligence or breach of statutory duty),
misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Services and this Agreement shall be limited to £2,000,000
The Client or Participant shall give notice in writing to TRL of any claim in respect of this Agreement as soon as is reasonably practicable and without undue delay.
The Client and TRL shall respectively obtain, maintain and keep in full force and effect all compulsory and customary insurances.
15. Force majeure
Neither party shall be in breach of these Terms and Conditions nor liable for any failure or delay in performance of its obligations (other than the obligation to make payments of money) arising or attributable to acts, events, omissions or accidents beyond its reasonable control including, but not limited to, acts of God, fire, explosion, embargo, terrorism, civil disturbance, epidemics, lightning damage, electromagnetic interference, radio interference, strikes and industrial dispute.
16. Rights of Third Parties
A person who is not a party to this agreement shall not have any rights under or in connection with it.
If any provision of these Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Agreement, and the validity and enforceability of the other provisions of the Agreement, shall not be affected.
If a provision of these Terms and Conditions (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
18. Choice of law and venue
These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the laws of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions or its subject matter.
Any local language translation of these Terms and Conditions is provided for the convenience of the Client and Participant only. In the extent of any discrepancy between the local language version and the English language version, the text of English language version shall prevail.