Spirit Business Training - Terms & Conditions of Sale
In these Conditions the following expressions shall have the following meanings:
• “Spirit Business Training” means Wendy Thorne trading as Spirit Business Training, 41 Merton Drive, Weston Village, Weston-super-Mare, North Somerset, BS24 7EQ
• The “Client” means the person, company or other legal entity identified as providing a request to Spirit Business Training to supply Services.
• “Services” means the goods or services to be provided by Spirit Business Training to the Client under the terms of the contract and “Services” shall be construed accordingly.
• “Confirmation Date” means the date when all the following apply:
- A request to supply Services has been received from the Client by Spirit Business Training
- Spirit Business Training confirms to the Client that the course or other Services requested are available
- Payment has been received or alternative payment method agreed.
• “Contract” means the contract between Spirit Business Training and the Client under which the Services are to be supplied by Spirit Business Training to the Client
• “Working Day” means every day of the week apart from Saturday, Sunday and Bank Holidays. “Month” means a calendar month. “Week” means seven consecutive days.
• “Intellectual Property” includes all training materials, course manuals, inventions, patent applications, granted patents, registered and unregistered designs, copyright works, trade marks and confidential information.
The price payable for the Services shall be the list price of Spirit Business Training at the Confirmation Date unless otherwise stated or negotiated. All negotiated prices will be confirmed in writing.
The price does not include travel, accommodation, meals or other related expenses unless explicitly stated.
Spirit Business Training is not VAT registered and therefore VAT is not applicable to prices.
3. Terms of Payment
Where the Services relate to the provision of a training course, payment by cheque must be made no later than 1 month before the course start date. In the case of late bookings payment must be made at time of booking.
Spirit Business Training is entitled to charge interest at 2% per Month or part thereof on overdue payments.
4. Training Courses
The contents of course schedules are intended for general guidance only and do not form any part of a contract. Spirit Business Training reserves the right to make any reasonable variations to public and in-house courses, including the content and location of the courses, without notice.
The indication of course availability and location shown on the Spirit Business Training website is for general guidance and does not form any part of a contract. Please contact Spirit Business Training before making any travel or accommodation arrangements as Spirit Business Training will not be liable for any action that you may take in reliance on the information.
It is the responsibility of the Client to ensure that the delegates meet the prerequisites of the course on which they are booked, and that the course content meets their requirements.
Spirit Business Training will perform the Services with reasonable skill and care. Any other conditions or warranties whether express or implied as to the quality of the Services are hereby expressly excluded.
All courses are delivered solely in English and all delegates must be sufficiently proficient in English language before attending a course.
For courses not exclusive to one Client, Spirit Business Training reserve the right to refuse admission to the training premises by any person whom they consider in their absolute discretion to be unsuitable for admission onto the training premises or to remove any such person after the commencement of a course, for example if someone is under the influence of drink or drugs or acting in an aggressive manner towards any persons at the premises.
5. Cancellation, Transfers and Substitutions with respect to Training Courses
Spirit Business Training reserves the right to cancel or arrange an alternative date for a course. In such circumstances Spirit Business Training will endeavor to provide notice of cancellation or change to the Client. In the event of cancellation the Client will be entitled to a full refund of the course fee but Spirit Business Training shall not be liable for any other loss or expense arising.
The Client may cancel the course booking by notifying Spirit Business Training in writing by recorded delivery as soon as reasonably practicable. The Client shall also be deemed to have cancelled the course booking if the delegate does not attend the event. The Client shall be liable to pay a cancellation fee as follows:
Public Scheduled Courses:
Number of Days Notice Proportion of Course Fee
0 – 10 Working Days 100%
11 – 20 Working Days 50%
Customer Specific Courses (for example on Client’s site):
Number of Days Notice Proportion of Course Fee
0 – 25 Working Days 100%
In the event that the delegate is unable to attend the course booked Spirit Business Training will endeavor to transfer the delegate to an alternative course. If this is requested more than 1 month from the start date of the original course then the only charges applicable will be an administration fee of £25 plus any difference in course price. If a transfer is requested within 1 month then an administration fee of £50 plus any difference in course price.
Spirit Business Training will endeavor to accommodate requests by the Client to substitute one delegate for another but is under no obligation to do so. Such requests are subject to the replacement delegate meeting the pre-requisites for the course. In the event of substitution the Client shall pay an administration fee of £25 plus any unavoidable costs relating to the change.
Spirit Business Training’s total liability for any loss or damage shall not exceed the price payable for the Services, except in cases of direct physical damage to the Client’s property, personal injury or death.
Spirit Business Training shall not be liable howsoever caused for indirect or consequential loss including but not limited to: loss of profits; loss of revenue; loss of goodwill; loss of data; failure to achieve savings.
7. Force Majeure
Spirit Business Training shall not be in breach of this contract if there is any total or partial failure of performance by it of its duties and obligations under this contract occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance from obtaining any raw materials or energy, sickness or other cause beyond its reasonable control.
If Spirit Business Training is unable to perform its duties and obligations under this contract as a direct result of one or more such causes Spirit Business Training shall give written notice to the Client of such inability stating the cause in question.
8. Data Protection and Confidentiality
Information is collected from you when you register with us and when courses are attended.
We collect information about you so that we can personalise your training. Depending upon your express wishes we may arrange for you to be sent information about related products and services from us and carefully selected third parties.
We will only pass on information about you as an individual (as opposed to aggregate information) to third parties to enable us to perform services requested by you or with your prior consent.
If you give your explicit consent, we may pass your contact details to third parties who may then occasionally send communications to you to provide information, offers and services that may be of interest to you.
We will always let you have a copy of personal information we have about you, should you request it, and you may correct it if you wish. Instructions about how to do this are available from email@example.com.
If you have any questions or complaints relating to this Data Protection and Confidentiality or how we use the personal information we have about you, please contact firstname.lastname@example.org. We will endeavor to respond to you promptly.
All Intellectual Property associated with training courses or other Services shall remain with Spirit Business Training.
Intellectual Property which is identified as, or can reasonably be deemed to be, confidential shall not be copied or reproduced or disclosed to any third party without the prior written consent of Spirit Business Training. The Client shall ensure that its employees and all those under the Client’s control and supervision comply with this obligation.
Where Services are provided to the specification or special requirements of the Client, the Client shall indemnify Spirit Business Training against all costs, claims and damages incurred or arising out of any alleged infringements of Intellectual Property.
The Contract shall only become effective at the Confirmation Date.
Any typographical clerical or other error or omission in any sales literature, administrative documentation, course materials, invoice or other document or information issued by Spirit Business Training shall be subject to correction without any liability on the part of Spirit Business Training.
No variation to these Terms and Conditions shall be effective unless made in writing and signed by an authorised representative of Spirit Business Training.
These Terms and Conditions shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.