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Terms and Conditions

General

1. In these terms & conditions:- Training Company means "NIMROD TRAINING PROVIDERS "

"Customer" means the person who accepts a quotation from NIMROD TRAINING PROVIDERS for the supply of training and/or assessment services.

"Agreement" means the agreement between the Customer and NIMROD TRAINING PROVIDERS which is subject to any specific terms and conditions set out in this schedule.

Trainer and/or Assessor Selection

2. Selection of a trainer and/or assessor shall be at the discretion of NIMROD TRAINING PROVIDERS. Every effort will be made to maintain continuity, but it may be necessary to change the trainer and/or assessor during the period of training/assessment.

Cancellation of Agreement

3. This Agreement may be terminated by either party by giving written notice, subject to the conditions detailed in paragraphs 4 to 6 inclusive of this schedule.

4. If the Customer terminates the Agreement more than 21 days before the commencement of training and/or assessment, there will be no charge to the customer.

5. If the Customer terminates this Agreement between 21 days and 15 days before the commencement of training and/or assessment, NIMROD TRAINING PROVIDERS shall be entitled to make a cancellation charge equal to 40% of the full Agreement fee.

6. If the Customer terminates this Agreement within 15 days of the commencement of training and/or assessment, or after the training and/or assessment has commenced, NIMROD TRAINING PROVIDERS shall be entitled to make a cancellation charge equal to the full Agreement fee.

Postponement of Agreement

7. This Agreement may be postponed by either party by giving to the other written notice, subject to the conditions detailed in paragraphs 8 to 10 inclusive of this schedule.

8. If the Customer requests a postponement of the Agreement more than 21 days before the commencement of training and/or assessment, there will be no charge to the customer.

9. If the Customer requests a postponement of the Agreement between 21 days and 15 days before the commencement of training and/or assessment, NIMROD TRAINING PROVIDERS shall be entitled to make a postponement charge equal to 20% of the full Agreement fee – providing a firm booking is made within 7 days of the postponement.

10. If the Customer requests a postponement of the Agreement within 15 days before the commencement of training and/or assessment, or after the training and/or assessment has commenced NIMROD TRAINING PROVIDERS shall be entitled to make a postponement charge of 50% of the full Agreement fee – providing a firm booking is made within 7 days of the postponement.

Fees

11a. Account Customers
NIMROD TRAINING PROVIDERS will invoice in full on completion of an event and payment shall be made to NIMROD TRAINING PROVIDERS within 28 days from the date of the invoice. Certificates issued by an Awarding Body will not be applied for/issued until full payment is received. If the Agreement is cancelled or postponed NIMROD TRAINING PROVIDERS will invoice in accordance with sections 3-10 of these Terms and Conditions and payment shall be made to NIMROD TRAINING PROVIDERS within 28 days from the date of the invoice.

11b. Private individuals / Non Account Customers
NIMROD TRAINING PROVIDERS will require full payment in Cash or via Credit/Debit Card before an event is due to commence. Until full payment has been received any place(s) on an event may be offered to other customers. If the Agreement is cancelled or postponed NIMROD TRAINING PROVIDERS will invoice in accordance with sections 3-10 of these Terms and Conditions and payment shall be made to NIMROD TRAINING PROVIDERS within 28 days from the date of the invoice.

12. All fees under this Agreement unless otherwise stated will be pounds sterling, and are exclusive of VAT

13. For the purposes of these Terms & Conditions:

13.1 If you are a partnership then "you" means any of the partners; and

13.2 In all cases "data" means any information which we may hold about you (whether or not provided by you) including (without limitation) information about your credit worthiness and transactions which we have entered into or may enter into with you.

Health & Safety

14. The parties to this Agreement shall ensure that all necessary steps are taken for securing the health, safety and welfare of all persons engaged in the operation of this Agreement, to the same extent and in the same manner as an employer is required to do in relation to his, her or it's employees under the Health and Safety at Work Act 1974 or any subsequent Act,

Liability

15a. NIMROD TRAINING PROVIDERS shall not be liable for any accident, loss or damage whatsoever or to whomsoever caused by any act, default or omission, or the Customer, its employees, including its personnel being trained and/or assessed, except to the extent that sub-para b. of this paragraph applies. The Customer shall indemnify NIMROD TRAINING PROVIDERS against any payments which NIMROD TRAINING PROVIDERS may be required to make in respect of any claim arising out of any such accident, loss and/or damage for which NIMROD TRAINING PROVIDERS is not liable in terms of this sub-paragraph.

15b. NIMROD TRAINING PROVIDERS shall indemnify the Customer against any liability of the Customer to third parties arising from accidental death of or bodily injury to or illness or disease contracted by any person or accidental loss of or damage to any property, where such death, injury, illness, disease, loss or damage was caused or contributed to by the negligence of NIMROD TRAINING PROVIDERS , provided that in a case where such death, injury, illness, disease, loss or damage was contributed to by the negligence of NIMROD TRAINING PROVIDERS , the indemnity shall be limited to the extent of such contribution.

16. NIMROD TRAINING PROVIDERS shall not be liable for any direct or consequential loss caused by the delay or cancellation of training and/or assessment due to adverse weather conditions, industrial action, fire, explosions, illness of or accident to any person, or any other cause beyond the control of NIMROD TRAINING PROVIDERS, provided that in the event of such cancellations of training and/or assessment the agreed training fee shall be reduced on a proportionate basis.

Copyright

17. The copyright, academic property and design rights in any materials produced in the performance of this Agreement, shall remain vested with NIMROD TRAINING PROVIDERS. Such materials shall not be copied or reproduced without prior written consent of NIMROD TRAINING PROVIDERS.

Equipment

18. The Customer shall make available all facilities, materials, equipment and protective clothing necessary for the training and/or assessment, unless NIMROD TRAINING PROVIDERS has specifically agreed to provide them.