Terms & Conditions


STANDARD TERMS AND CONDITIONS

1.   INTERPRETATION:

In these conditions the following words have the following meanings:

Candidate: any respondent to any of the questionnaires or tests covered by this Agreement;

Candidate Data: any data relating to the candidate (including Personal Data and Sensitive Personal Data) collected during the Client's use of the Products, or collected by the Client during its use or sale of the Products;

Client: the person(s), firm or company who purchases the Products and/or Services from the Company or is otherwise given access to the Company’s Products and/or Services;

Company: Be Talent Limited registered in England under company number 10033187;

Contract: any contract between the Company and the Client for the sale and purchase of the Products and/or Services, incorporating these Conditions;

Delivery Point: the place where delivery of the Products and/or Services is to take place under condition 5;

Force Majeure: any event affecting the performance by the Company of its obligations under these conditions arising from acts, events or omissions beyond its reasonable control, including acts of God, riots, war, acts of terrorism, storm or earthquake;

Be Talent: the Be Talent online talent management system as described on the Website and other sales literature provided to Clients for the delivery of online talent management services;

Order: the order placed by the Client with the Company for the supply of the Products and/or Services;

Products: any products supplied to the Client by the Company (including any part or parts of them);

Registered User: the named individual from the Client qualified to use the Restricted Products and approved to do so by the Company;

Restricted Products: any tests or materials (including but not limited to: online assessments, online development tools, question booklets, answer sheets, profile sheets, development reports and assessment reports) referred to in the Order which at the time of purchase are identified as requiring trained users to administer and/or interpret in the current catalogue, in our other sales literature, on the Website, in our training materials or on the tests or materials themselves;

Services: any services including without limitation: i) the provision of access to or links to Be Talent Products or systems; ii) training courses agreed in the Contract to be supplied to the Client by the Company (including any part or parts of them); and iii) consultancy work; 

Website: www.betalent.com; and

Working Hour: an hour during a day (other than a Saturday, Sunday or a public holiday) when banks in London are open for business.
In these conditions headings will not affect the construction of these conditions.

 

2.    CONDITIONS:

The Contract together with these terms and conditions embody the entire agreement between the Company and the Client in respect of the matters referred to in it and supersedes any previous agreements between the parties.

Each Order for Products and/or Services by the Client from the Company shall be deemed to be an offer by the Client to purchase Products and/or Services subject to these Terms and Conditions.

 

3.    ORDER ACCEPTANCES:

3.1    The Company seeks to uphold the guidelines established by the British Psychological Society on sales of Restricted Products. Purchases of Restricted Products must be made by, or on behalf of, an identified Registered User who is qualified to use the Restricted Products and has registered with the Company in accordance with our registration procedures. Restricted Products must be used in compliance with the Company’s Ethical Guidelines available on the Website. The Ethical Guidelines are subject to change without prior notice. The Company reserves the right to refuse to supply Restricted Products to the Client or Registered User if the Client or the Registered User fails to comply with the Ethical Guidelines.

3.2    No Order placed by the Client shall be deemed to be accepted by the Company until a written acknowledgement of Order is issued by the Company or (if earlier) the Company delivers the Products and/or Services to the Client on which date the Contract comes into existence, that is the Commencement Date.

3.3    The Client is responsible for ensuring that any purchase orders or other internal requirements to the Client are processed prior to placing an order with the Company including setting up assessments on any Be Talent system made available to the Client. In the event that a purchase order number is required for Be Talent usage it is the Client’s responsibility to email such number in the Be Talent office, prior to setting up the project. The Company may require evidence that such requirements have been fulfilled prior to accepting an order.

3.4    When ordering Restricted Products, the Client must quote the name of the Registered User and his or her reference number. Orders may be refused by the Company if the delivery address is not that relating to a Registered User.

3.5    Any quotation is given on the basis that no contract will come into existence until the Company despatches an acknowledgement of Order to the Client. Any quotation is valid for a period of 30 days provided that the Company has not previously withdrawn it.

3.6    The Company, at its absolute discretion, may require a Client to pay in advance before Orders are accepted.

 

4.    DESCRIPTION:

The description of the Products and/or Services shall be as set out in the Company’s quotation, brochure, Website or other applicable literature. All drawings, descriptive matter, specifications and advertising issued by the Company are published for the sole purpose of giving an approximate idea of the Products and/or Services described in them. Such ancillary literature shall not form part of this Contract.

 

5.    DELIVERY:

5.1    The Company shall deliver the Products and/or Services to the location set out in the Order at any time after the Company notifies the Client that the Products and/or Services are ready.

5.2    Any dates quoted for delivery of the Products and/or Services are approximate only, and the time of delivery is not of the essence. The Company shall not be liable for any delay in delivery of the Products and/or Services that is caused by a Force Majeure event or the Client's failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Products and/or Services.

5.3    In the event that the Products and/or Services are not delivered within the quoted dates for delivery or to the agreed standard, the Customer must inform the Company of the non-delivery of the Product / Services within 7 days of the quoted delivery date.

5.4    Any liability of the Company for non-delivery of the Products and/or Services shall be limited to replacing the Products and/or Services within a reasonable time or issuing a credit note against any invoice raised for such Products and/or Services.

5.5    Delivery of web-based electronic Products and/or Services provided by the Company will be subject to service levels as set out in Appendix 1.

 

6.    PRICE:

6.1    Unless otherwise agreed by the Company in writing, the price for the Products and/or Services shall be those set out in the Company’s current price list, valid as at the date of Order, as available on request from the Company. 

6.2    The price for the Products and/or Services shall be exclusive of any postage, value added tax or other sales taxes and/or applicable import and/or export duties and after the date of the contract the price shall (unless the contract is cancelled by the Company under one of the foregoing provisions) be deemed to be increased by the amount of such duty or tax, unless it is paid direct by the Client.

6.3    Prices and specifications of Products and/or Services are correct at the time of publication in our catalogue or other relevant literature but are subject to change without notice.

 

7.    PAYMENT:

7.1    Invoices are due for payment within 30 days of the invoice date without any deductions including, but not limited to, bank charges. Time for payment shall be of the essence.

7.2    All payments payable to the Company under the Contract shall become due immediately upon termination of this Contract despite any other provision.

7.3    The Company reserves the right to introduce a reasonable fee for the settlement of amounts due by credit card; any such fee will be disclosed on the Company’s current price list or on its Website.

7.4    If the Client fails to pay the Company any sum due, the Client will be liable to pay interest to the Company on such sum from the due date at the rate of 1½% per month.

7.5    The Company shall be entitled to withhold delivery of any Products and/or Services or cancel the contract if the Client fails to pay to the Company any sum by the due date. The Company shall incur no liability in respect of such withholding of delivery or cancellation. Upon such cancellation and without prejudice to any other right that the Company may have, the Client shall be liable to pay damages to the Company for breach of contract and any costs incurred by the Company associated with the recovery of the debt.

 

8.    CANCELLATION OF ORDERS AND RETURN OF PRODUCTS:

8.1    An accepted Order may only be cancelled or varied with the Company's written consent, which consent may be granted on payment of the cancellation fee set out in this condition 8 or in the appropriate appendices. Such consent shall not in any way prejudice the Company's right to recover from the Client full compensation for any loss or expense arising from such cancellation or variation.

8.2    The Company will not accept any Products for return without prior notice and such request must be received in writing within 30 days of despatch by the Company and such product will be returned to the Company within 2 weeks of such authorisation having been given by the Company. No request for return or exchange of Products can be considered unless they are tendered to the Company in unaltered condition. Returns should be despatched by the Client via traceable means to provide proof of despatch and delivery.

8.3    For returns made, other than for damaged or unordered goods, a handling fee will be charged equivalent to 10% of the returned order value subject to a minimum of £10.

8.4    Services delivered by the Company but not utilised by the Client or Candidates will not be refundable.

8.5    Any complaint made by the Client must be received by the Company within 30 days after the date of delivery of the Products or Services.

8.6    Nothing in this condition 8 shall prejudice any disclaimer of liability by the Company elsewhere in these terms and conditions.

 

9.    CLIENT’S OBLIGATIONS:

9.1    The Client represents, warrants and undertakes that (a) in the event that the Client is not also a Registered User, it shall ensure that only a Registered User uses the Restricted Products according to the Company’s Ethical Guidelines; and (b) the Client shall not, and shall ensure that the Registered User shall not make the Restricted Products available to any individual who is not a Registered User.

 

10.    LIMITATION OF LIABILITY:

10.1    The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Client in respect of any breach of these conditions and any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

10.2    Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law (save for the conditions implied by s.2 of the UK Supply of Goods and Services Act 1982 and section 12 of the UK Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

10.3    Nothing in these conditions excludes or limits the liability of the Company for (a) death or personal injury caused by the Company’s negligence or the negligence of its employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation (c) breach of the terms implied by s.2 of the UK Supply of Goods and Services Act 1982, (d) breach of the terms implied by s.12 of the UK Sale of Goods Act 1979; or (e) defective products under the UK Consumer Protection Act 1987.

10.4    Subject to conditions 10.2 and 10.3 

10.4.1    the Company shall not be liable to the Client whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for loss of profit, loss of goodwill, loss of data or any indirect or consequential loss arising under or in connection with the Contract (including any losses that may result from the Company's deliberate repudiatory breach of the Contract); and

10.4.2    the Company's total liability to the Client 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, including losses caused by the Company's deliberate personal repudiatory breach shall not exceed the amount actually received by the Company under this Contract with the Client during the prior twelve months.

10.5    The Client shall not (except insofar as there is an absolute prohibition in the UK Unfair Contract Terms Act 1977 described above) rely on any skill or judgment on the part of the Company or any of its agents as regards the suitability of the Products and/or Services for any particular purpose and the Client shall use its own skill and judgement to satisfy itself that the Products and/or Services are of merchantable quality and suitable for the purpose of the Client. This condition 10.5 shall apply notwithstanding that an employee of the Company or its agent may at any time have made representations or given opinions, whether in writing or otherwise, as to the suitability of any Products and/or Services for any particular purpose.

10.6    The Company gives no warranties and shall not be liable to either the Client or any third parties as to the appropriateness of the Products and/or Services including but not limited to the completeness or accuracy of any computer scored reports. The Company excludes all liability for any disparate impact or disparate treatment and sexual or racial discrimination resulting from the use of any Products and/or Services provided by the Company. The Client shall indemnify the Company fully in the event that the Company or its licensors suffer any losses, claims, liabilities, damages, expenses or costs as a result (whether direct or indirect) of any breach by the Clients of such warranties and undertakings.

10.7    This clause 10 shall survive termination of the Contract.

 

11    INTELLECTUAL PROPERTY:

11.1    All copyright, rights to inventions, related rights, trademarks, service marks, trade, business, domain names, patents, rights in trade dress or get-up rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, data, data collected through the use of the restricted products, services, marketing material produced by the Company and/or work produced during or as a result of a contract incorporating the use of the Product between the Company and the Client, topography rights, moral rights, rights in confidential information (including know how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extension of such rights, and all similar or equivalent rights or forms of protection in any part of the world ("Intellectual Property Rights") in or arising out of or in connection with the Products and/or Services is the absolute property of Be Talent Limited, and any other work produced by the Company as a result of any Contract between the Company and the Client is the absolute property of the Company and such works shall not be reproduced in whole or in part.

11.2    The Company, and/or its subsidiaries or parent company shall take prompt legal action against anyone who infringes on their Intellectual Property Rights and whether vested, contingent or future and all revisions, renewals and extensions of any of the foregoing, and all rights under licences, consents, orders, statutes or otherwise in relation to any of the foregoing.

 

12    CONFIDENTIALITY:

12.1    Each party, its agents and employees shall keep confidential all information obtained from the other pursuant to this Contract. This clause shall survive termination of the Contract for ten years.

 

13    DATA PROTECTION:

13.1    Where Candidates provide the Company with personal information about themselves in connection with these terms, the Company may use the Client's or Candidate's personal information in the manner and for the purposes detailed below. By entering into these terms, you agree and consent to our use of your personal information as detailed below.

13.2    The Company may use the Client's or Candidate's personal information for the following purposes: providing assessment and development services to our Clients which may include the carrying out of assessments of Candidate’s personal characteristics, performance and workplace and generating analysis, research, comment and reports in relation to such assessments. The Company may also process Client’s or Candidate’s personal information for the purposes of using and refining assessment and development tools, research, analysis, accounting, billing and audit, credit or other payment card verification, security, administration, enforcing and defending legal rights, systems testing, maintenance and product development, customer relations, performing our obligations to Client’s and Candidates whether under contract or otherwise, and to help us in future dealings with Clients and Candidates. The Client's or Candidate's personal information may be passed to its approved agents. Such companies may be located in countries outside the European Economic Area which do not have the same data protection laws to protect the Client’s or the Candidate’s information. Candidates and Clients shall be bound by the terms of the Company's Data Protection and Privacy Policy contained on the Website.

13.3    The Company reserves the right to record the Client's, the Registered User's and/or the Candidate's personal information, both manually and/or on a computer database, in compliance with the UK Data Protection Act 1998 and/or the Data Protection (Jersey) Law 2005.

13.4    The Client or Candidate is entitled to see the personal information held by the Company in respect of the Client or Candidate respectively. The Client or Candidate may ask the Company to make any necessary changes to ensure that the personal information is accurate and kept up-to-date. In order to review the personal data held by the Company in respect of the Client or Candidate a written request should be submitted to the Company. The Company is entitled by law to charge a fee to meet the costs of providing the details of the information held.

 

14    ASSIGNMENT:

14.1    The Client shall not assign, transfer, charge or subcontract the Contract or any part of it without the prior written consent of the Company except in the case of a corporate restructuring that does not result in a change of control of the party making such an assignment.

14.2    The Company may assign, transfer, charge, mortgage, subcontract or deal in any other manner with any or all of its rights and obligations under this Contract without the prior written consent of the other party.

 

15    TERMINATION OF CONTRACT: 

15.1    If the Client (a) is in breach or anticipated breach of any of the Client's obligations to the Company; or (b) does not act in accordance with the Company’s Ethical Guidelines; or (c) does not act in accordance with the Company’s Anti-Bribery Policy available on the Website; or (d) acts in a way that is likely to bring the Company into disrepute or damage its reputation; or (e) suspends or threatens to suspend its business; or (f) is unable to pay its debts as they fall due in accordance with s.123 of the UK Insolvency Act 1986, or similar event in any other jurisdiction; or (g) offers to make any arrangement or composition with or for the benefit of its creditors (save for the purposes of solvent reconstruction or amalgamation); or (h) has a petition filed or an order made for its winding up; or (i) is the subject of a bankruptcy petition or order; or (j) has an application made or order made for the appointment of an administrator.

15.2    Without prejudice to and in addition to its rights set out in condition 7.4 and condition 7.5, the Company shall have the right forthwith to terminate the whole or any unfulfilled part of this Contract by written notice posted by the Company to the last known address of the Client or in the case of a company to its registered office. Such determination shall be without prejudice to any claims or right the Company may have against the Client in respect of the Contract.

15.3    Without prejudice to any rights that have accrued under this agreement either party may terminate this agreement on giving not less than three months' written notice to the other party.

15.4    In the event of termination pursuant to this condition the Company shall not be under any obligation to supply any further Products or Services under any such Contract; 

15.5    The Client shall indemnify the Company against all loss (including loss of profit) costs (including costs of labour and materials) and all expenses suffered by the Company by reason of such termination;

15.6    The Client (or Receiver) shall at its own cost return unsold or unused Products to the Company;

15.7    The Company shall be entitled to resell any of the Products for which the full price has not been paid by the Client to the Company without further notice to the Client.

15.8    The accrued rights and remedies of the Company as at termination shall not be affected, including the right to claim for damages in respect of any breach of Contract which existed at or before the date of termination or expiry.

 

16    GENERAL:

16.1    Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.

16.2    If any provision (or part of any provision) of the Contract is found by any court or tribunal to be void or unenforceable, that provision or part provision shall be deleted and the validity and enforceability of the other provisions shall continue in full force. If any invalid 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 changes to make it valid, enforceable and legal.

16.3    A reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

16.4    These conditions are the only conditions upon which the Company is prepared to deal with the Client and they shall govern the relationship to the entire exclusion of all other terms or conditions and the Client undertakes that it shall not seek to impose or rely upon any terms and conditions other than those contained herein.

16.5    Nothing in these terms shall be deemed or construed to constitute the Client or its employees, as the agent, partner, joint venture or legal representative of the Company for any reason whatsoever. The Client is not granted any right or authority to act for, or to incur, assume or create any obligation, responsibility or liability, express or implied, in the name of or on behalf of the Company or to bind the Company in any manner whatsoever.

16.6    (a) 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. (b) Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.

16.7    A person who is not a party to the Contract shall not have any rights under or in connection with it.

16.8    All communications between the parties about this Contract must be in writing and delivered by hand or sent by first class post or sent by facsimile transmission or sent by email to the parties registered office or such address as notified by one party to the other.

16.9    The Company reserves the right to defer the date of delivery or payment or to cancel the Contract if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lockouts, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials. 

16.10    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 the Company.

16.11    This Contract and any dispute or claim arising out of or in relation to it is governed by English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts.

16.12    Translations of these conditions into languages other than English are provided for information and convenience. For the definitive and binding version, please refer to the English language version which shall prevail in the case of any discrepancies between it and the translated versions.


Appendix 1 


Service Level Agreement

These service levels apply where the Client is purchasing web-based electronic services from the Company:

1.    Subject to the Client meeting the Client's obligations under this Agreement, the Company shall use all reasonable endeavours to ensure that the web-based electronic service is available to the Client throughout the term of this Agreement. The Company will schedule downtime between 8am and 8pm UK time on Saturdays as necessary. Such downtime will be notified on the Company Website or other such website as notified to the Client from time to time and via email to the project administrator or other designated employee of the Client.

2.    Candidate Data will be made available to the Client for a period of eighteen months from the date the Candidate completes the questionnaires or tests or until the date that it is anonymised at the request of the Client, whichever is earlier. Reports may be run against this data subject to the fees set out in the Company’s current price list.

3.    The Company's help desk support will be provided to the Client between the hours of 8am and 6pm UK time Monday to Friday except UK public holidays ("Help Desk Support"). The fees for the Help Desk Support ("Help Desk Fees") shall be as set out in the Company’s current price list. 

4.    Queries received via email at slinton@betalent.com by the Help Desk during normal Working Hours will be responded to within 2 Working Hours of the email receipt. For the avoidance of doubt, the meaning of a response within this clause 4 will include an acknowledgement of the Client's initial email stating that a query has been raised, and shall not necessarily mean a resolution. Failure to respond within 2 Working Hours will entitle the Client to a payment equivalent to twenty pounds (£20) for every hour the queries are left unanswered, to a maximum of seven hundred and twenty pounds (£720.00).

5.    The Company makes no guarantee of resolving the problem.

6.    The Company shall not be liable for any delay in performing their obligations under this Agreement where such delay is caused by a Force Majeure Event. Force Majeure is defined as means any cause affecting the performance by a party of its obligations under this Agreement arising from acts, events or omissions beyond its reasonable control, including acts of God, riots, war, acts of terrorism, storm or earthquake, but excluding, in the case of the Company, Staff or material shortage or any industrial dispute relating to the Company, the Staff or its subcontractors or any other delay or failure in the Companies supply chain or any difficulties which the Company may have with its financing.

7.    The Company will generate a price quote and time estimate for work to be performed based on the results of an investigation.

8.    The Client must give specific consent for work to proceed at the agreed price and the Company may decline to perform such requested work.

9.    The Company does not guarantee fee-based work. If the Client experiences further problems the Client must submit a new request.

10.   Network uptime, excluding planned downtimes notified to the Client by the Company in accordance with clause 1, shall be as follows: 

10.1    99.5% availability based on network average during the hours of 8am on Monday to 6pm on Friday UK time except UK public holidays and 99% availability at other times; and

10.2    For every hour above the acceptable outages in a calendar month, the Company will make a reimbursement of 5% of the fees payable by the Client under the Contract during the relevant month to a maximum of 25% of the total fees payable in the month. This is active only after a report of failure by the Client is received by the Company.

10.3    The Company shall not be liable for any defect or failure in the performance of the web-based electronic test for reasons beyond the Company's control including but not limited to link failures, power difficulties, telephone outages, network overload, issues related to Client systems, default or failure of a third party, government actions, failure in the supply of a third party's access line or any event of Force Majeure.

11.    The Company reserves the right to terminate the use of any bespoke reports or Be Talent systems previously delivered to Clients in the event that the reports or Be Talent systems have, in the absolute discretion of the Company, low usage or activity. The Company will provide the Client with at least 90 days’ notice prior to terminating the use of such reports or Be Talent systems.


Appendix 2


Terms and Conditions for Booking Public Training Courses

1.    PUBLIC TRAINING COURSES AND PRICES:

1.1    The details of the design and content of courses and the prices are correct at the time of publication, but are subject to change without notice.

1.2    The cost of optional overnight accommodation is not included in the course fees.

1.3    Invoices will be raised upon booking a course and all invoices will be payable within 30 days of the invoice date unless the course start date is less than 30 days from the invoice date in which case the course fees will be payable immediately. In any event, course fees should be paid in full prior to the commencement of the course.

1.4    The Company reserves the right to cancel or reschedule courses without penalty or liability if there are insufficient bookings, or for reasons outside its control. The Company will try to notify participants as soon as reasonably possible if a course has to be cancelled.

 

2.    CANCELLATION POLICY:

2.1    In respect of cancellation by the Company, a full refund will be given upon return to us of any pre-course materials already despatched.

2.2    Training course bookings are to be paid 28 days prior to the commencement of the course. Immediate payment by credit card will be required for any Booking made within 28 days of the course start date.

2.3    The full course fee will be payable for any cancellation by a participant for any reason within 21 days of the start of the training course. No fees will be payable, except a charge for any course material already despatched, for any cancellation received in writing more than 21 days before the course start date.

2.4    Transfers from one course to another on an alternative date are treated as cancellations. A booking is then required for the new course date at the full price.

2.5    Participant substitutions can be accepted, without charge, at any time provided that the substitute fills the entrance requirement and has completed any pre-course study.

 

3.    QUALIFICATION OF PARTICIPANTS:

3.1    Registrants on qualification courses should note that successful completion of such courses requires participants to demonstrate an understanding of the underlying principles and competence in the selection, administration and feedback of the instrument(s) concerned. Whilst the Company will make every effort to ensure a high standard of training and impartiality in such awards, no guarantee is given that every participant attending will receive such qualification.

 

Appendix 3 

 

Terms and Conditions for Booking In-Company Training Courses

1.    In-Company training course programmes can produce significant savings where a client has a number of participants wishing to attend public training courses. Fees for these courses will be provided on request.

 

2.    ARRANGEMENTS: 

The details and requirements for the in-company courses will be agreed at the time the course is booked. In general, however, in addition to the agreed course fees we ask the Client to provide and/or pay for the following:

2.1    The training venue, audio visual equipment and wireless broadband internet connectivity.

2.2    All meals and refreshments during the course.

2.3    Travel and accommodation for the trainer(s) and, when required, observers.

2.4    The cost of transport by courier of equipment and materials to and from the venue.

2.5    Volunteers for administration and feedback practice.

 

3.    Other terms and conditions will be as for the Public Training Courses.

 

Appendix 4

 

Consultancy Terms of Business

1.    CONSULTANCY PROJECTS: 

1.1    Consultancy Projects are defined as assignments undertaken by the Company’s staff or its agents and sub-contractors (hereinafter referred to as Consultants) on behalf of the Client.

1.2    Projects will only commence following agreement with the Client of a clear specification or proposal.

 

2.    FEES AND CANCELLATION:

2.1    A Consultant Day is a maximum of eight hours between the hours of 9.00am and 6.00pm unless otherwise agreed in writing between the parties. If evening, weekend or public holiday work is involved and/or if the project involves work outside the UK, higher rates will apply as agreed in writing.

2.2    Travelling time within the UK will not incur an additional charge. Travel time outside the UK will be charged at 50% of the prevailing Consultant day rate.

2.3    Products consumed will be invoiced at the prevailing sales price and are subject to the Company’s Standard Terms and Conditions.

2.4    Unless otherwise agreed in writing between the parties, 30% of the total fees for the consultancy project will be invoiced on commencement. 50% of the fees will be invoiced on a monthly basis as the project proceeds with the final 20% invoiced on completion of the project.

2.5    Charges for cancellation or postponement before the commencement of a consultancy assignment are as follows: 

2.5.1    Within two weeks: the full fee.

2.5.2    Within two to four weeks: 50% of the full fee.

2.6    If the Client requests any variation to the project, the Company will seek to meet the request. If these changes result in extra time being taken then this will be charged at the prevailing rate per Consultant Day.

2.7    Expenses incurred in the course of undertaking the project, including but not limited to travel, accommodation, subsistence and courier costs, will be charged in addition to the Consulting fees.

 

3    ACCESS: 

3.1    The Client will give the Consultant such access to their offices, personnel and to client information as the Consultant may require in the performance of the assignment. Any increase in time spent as a result of the Consultant’s reasonable access being denied will result in an increase in the project cost.

3.2    The Client will ensure that the Consultant has sufficient working space and facilities, and will secure and keep safe all of the Consultant’s and the Company’s property.

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