Terms and Conditions
1.1 Construction Training Services (hereafter called The Company) terms of trade and conditions are contained herein. Quotations are made and orders accepted subject to these Terms and Conditions. If any document placing an order on The Company includes or refers to other terms or conditions of contract, then these shall not apply unless agreed in writing by The Company. No addition to or variation of these conditions will bind The Company, unless it is specifically agreed in writing signed by an authorised officer of The Company.
1.2 These Terms and Conditions are between The Company and the individual, company or other commercial body (hereafter called The Client).
1.3 These Terms and Conditions will form the basis of all contracts with The Company, unless otherwise specified in writing by The Company. By signing or counter signing any contract, agreement or booking form you are confirming that you are authorised to do so and agree to both these terms and conditions and the specific conditions of the document being signed. In addition any bookings previously confirmed by email or purchase order will be considered firm orders irrespective of a signed booking form or contract and will be subject to the cancellation terms in paragraph 6.
1.4 The Company Reserves the right to vary these terms and conditions at any time and without notice the latest version of which will be available via The Company's web site or at the request of The Client.
- 2.Delegate Information
2.1 For training courses involving elements of a practical nature, delegates are required to provide their own personal protective equipment (in clean and working order) as detailed on the Joining Instructions sent with the booking form. Additionally, delegates must be physically fit to withstand the rigours of training; if there are any doubts relating to the fitness of delegates to undertake training, reference should be made to a General Practitioner. The onus is entirely on the delegate to ensure his or her fitness and suitability to undergo training and The Company cannot and will not accept any responsibility in this regard. Consumption of any alcohol or illegal substances is not permitted during training, nor should it be consumed immediately prior to training. If there is any evidence of such, trainers are obliged to refuse to train the delegates.
2.2 Equipment must not be removed from the training environment. Any damage caused by wilful misuse or negligence will be invoiced to The Client.
2.3 Certificates of Training are awarded at the discretion of the trainer and only to those delegates who successfully complete the course. Certificates are NOT issued purely for attendance unless otherwise agreed in writing prior to training being carried out and in which case they will be worded accordingly. All certificates remain property of The Company and The Company reserves the right to withhold delivery until payment has been made in full.
2.4 Delegates are required to arrive at the training venue in good time and as advised on the booking form allowing prompt commencement of the course. Late arrivals are only admitted at the discretion of the trainer and may be refused and in-turn will result in the course costs being invoiced in full to The Client. Clients will be charged in full for any delegates who fail to attend any part of a booking or test.
- 3.Client Supplied Information
3.1 Should any information or data supplied to The Company for the provision of a price quotation or other agreement prove to be insufficient or inaccurate, The Company reserves the right to amend or cancel the quotation or other agreement. Should any such information come to light during or after the delivery of the service required, The Company reserves the right to amend the quotation or related invoice.
4.1 Unless otherwise indicated, written quotations are valid for 30 days and exclude VAT at the prevailing rate.
- 5.Settlement Terms
5.1 Unless otherwise specified in the quotation or other agreement, invoices for goods or services are for payment within 30 days from the date of invoice.
5.2 The Company reserves the right to charge interest of 4% per annum above Barclays Bank Plc base rate on the invoice price from the due date until the date The Company is in receipt of funds.
5.3 The Client shall not be entitled to make any deduction from price in respect of any set-off or counterclaim.
- 6.Cancellation and Postponement
6.1 The company accepts confirmation of bookings by email, purchase order or signed booking form. Once confirmed by any of these methods the booking is firm, if The Client wishes to cancel or postpone the booking this must be made in writing and will be subject to the cancellation terms within this document and specifically below.
6.2 Failure of any element of a course or test that is a prerequisite for subsequent elements will result in part or all of the booking being charged in full. Additionally failure to supply any prerequisite documents or comply with other requirements prior to the commencement of the course or test will result in part or all of the booking being cancelled and charged in full.
6.3 Events being delivered at a site specified by The Client must be suitable for the requirements of the event and meet any relevant approved codes of practice as set out by The Company or any related awarding body. Failure in the aspect of site suitability above may result in The Company cancelling the booking without notice and subject to the cancellation terms below.
6.4 The Company reserves the right to charge a cancellation fee in respect of any booking or contract. Any aspect of a booking, whether complete booking or individual delegate or test, cancelled less than two weeks before the earliest date of any element of the booking will be charged at 50% of the booking or contract price. Any aspect of a booking, whether complete booking or individual delegate or test, cancelled less than two weeks before the earliest date of any element of the booking will be charged at 100% of the booking or contract price.
6.5 Any delegate who fails to attend, is excluded from or refused entry to, any part of a booking or test (in accordance with the terms above) will be charged at 100% of the booking or contract price.
6.6 The Company will not be held liable for any costs incurred by The Client as a result cancellation of bookings or contracts for reasons beyond the Company's control.
6.7 Should it become necessary for The Company to postpone all or any part of a course due to circumstances beyond their control, then a mutually agreeable date will be chosen on which to complete the booking. The company will not be liable for any costs incurred by The Client for such actions.
- 7.Health & Safety
7.1 The Client shall use their best endeavours to ensure that any premises in which The Company's employees, servants or agents may have to work are safe and without risk to them. All known risks must be clearly identified and marked by The Client.
7.2 The Company reserves the right to refuse entry to any delegate without the personal protective equipment appropriate for the course and charge The Client in full as per the cancellation terms in paragraph 6.
7.3 The Client is solely responsible for ensuring all relevant insurance policies are in place and current for any event taking place on The Client's site. The Company reserves the right request evidence of insurance cover. Any equipment owned by or hired to The Client for use by delegates and or The Company's employees, servants or agents must be in a safe working condition and fit for purpose.
- 8.Data Protection and Privacy
- 9.Web Site Licensing, Access and Use
9.1 Use of The Company's web site, includes viewing the website, making bookings, reviewing bookings and transferring to links provided on the website. You may only establish links to this website with prior written consent from The Company. The copyright of the material contained on The Company's web site belongs to The Company
9.2 By using The Company's website you agree not to access, monitor or copy information for your own commercial benefit or the benefit of another party or to use any data mining, robots, spiders, scrapers or other automated data gathering and extraction tools, without prior written permission. You also agree not to make any attempts to attack the infrastructure of the web site.
- 10.Applicable Law
10.1 English law shall apply and any dispute shall be settled by English courts. These Terms and Conditions do not affect any statutory rights available to The Client.
11. DATA SECURITY
We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and awarding bodies who need to know such data. They will only process your personal data on our instructions and they must keep it confidential.
Consent: means we can process your personal information if consent can be freely given and you have real choice and control over how the we use your data. You must be able to give your consent through opting in and we must provide you with a clear explanation of why we want your data and what we’ll do with it, which is uploading to NPORS website to claim your certificate or Photo ID cards or produce training certificates. Consent is given by ticking the data protection box on course paperwork or course registration forms.
We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
DATA RETENTION & GDPR
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.
For qualifications we are required to keep basic information about our customers (including Contact, Identity, Qualification information and Qualification dates) for seven years to be able to provide proof of qualification, CPD statements and other information at their request.
YOUR LEGAL RIGHTS
Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing and (where the lawful ground of processing is consent) to withdraw consent.
Construction Training service is a trading name of CTS(east)ltd which is registered with ICO ZA248721