In these Conditions the following expressions shall have the following meanings: "Blake Training" or “We” or “Us” means Blake Training of Lanlivery Main Road Middlezoy Bridgwater Somerset TA7 OPB.
"Client" means the person, company or other legal entity identified as providing a request to Blake Training to supply Services.
"Services" means the goods or services to be provided by Blake 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: (1) A request to supply Services has been received from the Client by Blake Training (2) Blake
Training confirms to the Client that the course or other Services requested are available and (3) Payment has been received by Blake Training from the Client or other third party on behalf of the Client or alternative payment method agreed.
"Contract" means the contract between Blake Training and the Client under which the Services are to be supplied by Blake Training to the Client.
“Training Course” or “Course” means a course where the Services are delivered to the Client
“Training Premises” means any premises not exclusively used by one Client where a Training Course is provided
"Training Provider" means the company delivering a course when this is not Blake Training.
"Working Day" means every day of the week apart from Saturday, Sunday and statutory or bank holidays and "Month" means a calendar month and "Week" means seven consecutive days.
"Intellectual Property" includes all training materials, course manuals, inventions, patent applications, granted patents, registered and unregistered designs, copyright works, trademarks and confidential information.
2.1 The price payable for the Services shall be the list price of Blake Training at the Confirmation Date unless otherwise stated.
2.2 The price does not include travel, accommodation, meals or other related expenses unless explicitly stated.
2.3 All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate. Where Services are provided in the UK, regardless of the Client's country of origin, the point of supply for VAT purposes is the UK.
3.1 Where the Services relate to the provision of a training course, payment by cheque, credit card, debit card or bank transfer is required no later than 10Working Days before the Training Course start date. Special arrangements may be separately agreed in the case of late bookings.
3.2 Where Services involve other services or goods, payment is required 5 Working Days prior to delivery or as otherwise agreed in writing.
3.3 Blake Training is entitled to charge interest at 2% per Month or part thereof on overdue payments.
3.4 Depending on the nature of the Training Course offered deposits shall be 50% of the total cost of the course.
4.1 If Blake Training provides training in conjunction with its selected Training Providers, to the best knowledge of Blake Training these Training Providers are suitably qualified and accredited to deliver the Training Courses offered.
4.2 The contents of Course schedules are intended for general guidance only and do not form any part of a contract. Blake 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. 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.
4.3 Blake 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.
4.4 Unless otherwise indicated, 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, Blake Training and its Training Providers 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.
5.1 Blake Training reserves the right to cancel or arrange an alternative date for a Course. In such circumstances Blake Training will endeavour 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 Blake Training shall not be liable for any other loss or expense arising. The Client may cancel the Course booking by notifying Blake Training in writing by recorded delivery subject to the cancellation fees below. 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 (percentages show the percentage of the total cost of the course cancelled):
Number of Days’ Notice: Proportion of Course Fee
0-5 Working Days: 100%
6-15Working Days: 50%
5.2 In the event that the delegate is unable to attend the Course booked Blake Training will endeavour to transfer the delegate to an alternative Course. If this is requested 26 or more Working Days from the start date of the original Course then the only charges applicable will be an administration fee of £50 (plus VAT) plus any difference in Course price. If a transfer is requested within 26 Working Days then the cancellation fee above shall be payable. Blake Training will endeavour 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 prerequisites for the Course. In the event of substitution the Client shall pay an administration fee of £50 plus any unavoidable costs relating to the change.
The Clients Attention is drawn to this clause in particular
6.1 Nothing in these Conditions shall limit or exclude the Blake Training's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or
(b) fraud or fraudulent misrepresentation
6.2 Subject to clause 6.1:
(a) Blake Services shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid by the Client for the Services.
6.3 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
6.4 This clause 6 shall survive termination of the contract.
7.1 Blake 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.
7.2 If Blake Training is unable to perform its duties and obligations under this contract as a direct result of one or more such causes Blake Training shall give written notice to the Client of such inability stating the cause in question.
Where Services are certified Training Courses, the Client consents to allow Blake Training full access to examination results arising from their bookings. This information will be used in accordance with the requirements of relevant data protection legislation. The data will only be used to evaluate effectiveness of training and to assist Blake Training in providing advice to its clients.
All Intellectual Property associated with Training Courses or other Services shall remain vested in the owner be it Blake Training, its Training Provider or others. Where Services are distance learning products then the Client shall abide by all reasonable terms of any license agreement applicable. 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 Blake 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 Blake Training against all costs, claims and damages incurred or arising out of any alleged infringements of Intellectual Property.
10.1 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 Blake Training or its Training Providers shall be subject to correction without any liability on the part of Blake Training.
10.2 No variation to these Terms and Conditions shall be effective unless made in writing and signed by an authorised representative of Blake Training Blake Training may assign or sub-contract the whole or any part of the Contract to any person, firm or company.
10.3 These Terms and Conditions expressly exclude any right afforded the Training Provider or any other third party pursuant to the Contracts (Rights of Third Parties) Act 1999 and a person who is not a party to the Contract shall not have any rights under or in connection with it.
10.3 During the term of the Contract and for a period of 12 months thereafter, the Client shall not directly or indirectly employ or solicit for employment any employees of Blake Training or its Training Providers.
10.4 A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
10.5 If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected
10.6 If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
10.7 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
10.8 Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by Blake Training.
10.9 This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.