MIMAS TRAINING LIMITED (“the Company”)
STANDARD TERMS AND CONDITIONS OF TRAINING SERVICES
These terms set out the basis of the Company (“us”) acting for you and override any other terms or conditions previously agreed between us. We pursue a plain English policy in the Company. If there is anything set out here which you do not fully understand then please let us know and we will clarify it.
Quotations given verbally will not be binding upon us unless confirmed in writing. Written quotations are valid for one month. We may book your acceptance of our quotation on a provisional basis, but if we do not receive written confirmation of full acceptance by hand, post, fax or e-mail from an authorised person within 48 hours of provisional acceptance then our quotation will automatically lapse. We will confirm an agreed order in writing to you.
These terms and conditions form the basis of this Contract between the Company and yourself. We would ask you to sign the attached booking form constituting the contract between us (“the Contract”) before we start undertaking our training and development services (‘the services’) to your chosen delegates (‘the delegates’), which will then be binding on each of us. No variations or alterations to the terms and conditions are acceptable unless agreed in writing between us. You confirm by signing this that you have not been induced into entering the Contract except on the terms set out here.
4. PAYMENT & CANCELLATION
All payments for services booked by us must be made in full by the earlier of 14 days of invoice date and the actual date of delivery of services. Payment shall be made by cheque, BACS, PAYPAL, Credit or Debit Card or by any other agreed method. (PayPal, Credit or Debit Card payments are subject to a 5% Processing Charge)
If you cancel services booked by us by notice in writing prior to the due date of delivery, you remain responsible for payment to us for the agreed charges subject to the following discounts:
NOTICE GIVEN AND DISCOUNT
More than 21 days – 75%
14 to 21 days – 50%
7 to 14 days – 25%
Less than 7 days – Nil
No refunds or discounts may be given due to the non-attendance of any delegate at the point of delivery of services for whatever reason. We will accept substitute delegates provided we receive notice from you in writing of such substitution before delivery of services commences.
We are happy to postpone the agreed date of delivery of services provided that we receive a request for this in writing no less than 10 days before the agreed date and provided that the new date for the delivery services is scheduled to start within two months of the original date. If, however, you subsequently cancel, the discounts given by us above will only apply in connection with and from the original booking dates.
The Company reserves the right to exclude any delegate from receiving services when that delegate is being disruptive or unruly. In such circumstances, no refund may be given.
The delegate must read the joining instructions if applicable for the course and are required to bring all Identification detailed in this document, if the delegate does not bring the correct documentation they will not be able to attend the course. In this instance no refund may be given. If the delegate wishes to be scheduled onto another course you will be charged a £90 rescheduling fee.
If the delegate is going to be late to the course, they must contact the company immediately. If the delegate is going to be substantially late to the course, they will have to reschedule onto another course. The delegate/ booking party will be charged a £90 rescheduling fee for this.
If the delegate has to cancel their course due to a medical reason, we would require evidence i.e. Doctors letter. A handling fee of £60 would be charged or deducted from your order when you require a refund due to a medical reason.
The company operates a no refund and no cancelation policy for discounted courses.
All charges detailed in this term of service are subject to VAT at the current rate and are payable on demand or receiving the invoice if applicable.
We undertake to carry out the services referred to in the Contract attached to these terms and conditions of service, more fully described in it. The Company normally provides services between the hours of 8.00 a.m. and 6.00 p.m. Mondays to Fridays except on bank and public holidays.
We reserve the right to postpone delivery of services. If we have to cancel delivery of services, we have no other liability to you other than return of the agreed payment.
If the company cancels a course, you are eligible for a full refund for the cancelled course. If your training provider conducts a literacy test and you are unable to pass it, you will be given a refund. A handling and administration fee of £60 will be deducted from your order amount.
Pass Plus service is provided for any SIA course and is a bolt on insurance that entitles you to 2 full retakes at no extra cost, the time and location of the Pass Plus examinations are stipulated by the company and will be scheduled alongside other courses already scheduled on our website. If the delegate/ Booking party wish to schedule a re-sit examination(s) outside of these notified exam dates an times an additional cost of £75 will be chargeable and paid in advance. The cost for the Pass Plus service is £30, cost of additional retakes can be found in section 11 of this document.
The company complies with the law and operates the following refund policy in respect of the cancellation of individual course bookings.
If a course is run exclusively for a corporate customer – at a training provider’s premises, on a customers site or any other alternative venue – the same refund terms apply in the event of a cancellation, but an alternative course date can be arranged by agreement.
The levels of performance given by the Company in this Contract are estimates and unless previously agreed in writing, time will not be of the essence in such performance.
The Company shall not be obliged to work outside its normal working hours except by prior written agreement and at such rates as are agreed. The Company shall not be liable to you or any third party for any delay or failure to perform its obligations if this is due to causes beyond the Company’s control.
The Company shall not be responsible for providing services beyond the ambit of the parameters set out in the Contract.
We need all necessary information, clear instructions and adequate access to personnel and premises in order to properly perform the services under this Contract. If these are not readily given, we reserve the right to revise our performance completion dates and our charges accordingly.
Where the services are being delivered at your premises or premises under your control, you are responsible for ensuring that all facilities, premises and materials are fully compliant with statute and recognised industry standards and are fully insured.
7. CHARGES AND COSTS
If you fail to make any payments as specified in the Contract by the agreed date then, without prejudice to any other remedy the Company may have, we may be entitled to a) stop providing the services under this Contract and b) charge interest at the rate of 4% above the base rate of the Royal Bank of Scotland Plc from time to time from the date the monies were due to the date of actual payment such interest to be compounded on a quarterly basis.
All sums referred to in the Contract are exclusive of Value Added Tax which will be added to the sums due and will be payable at the same time by you.
Unless we have agreed otherwise, you are responsible for reimbursing us for all reasonable travelling and subsistence expenses properly incurred in carrying out our services on your behalf. Any monies we have to expend in paying third parties for the performance of the services will be charged to you as disbursements incurred by us on your behalf.
Any damage or breakages to property owned by the Company caused by any of the delegates in the course of delivery of the services will be payable by the delegate or the booking party.
All monies due from you including VAT are payable to us without any deduction by way of set off counterclaim or other charge.
If you wish to vary the terms of the agreed services set out in this Contract, we shall need to consider the full particulars from you of any variations you need together with any further information that we may reasonably require.
We will not be obliged to accept any variations but may, at our discretion decide to consider the variations you have suggested and respond by sending a written quotation to take these into account. In those circumstances, you will have the choice of either accepting the new quotation or confirming in writing that you wish the original terms of this Contract to apply.
In any event, we will be entitled to make a reasonable charge based on time and materials for considering such variations and preparing a quotation as stated above. If the consideration of any variation to the Contract is sought by you, there will be deemed to be created an automatic extension of time for the company to perform its obligations under this Contract, whether it is varied or not.
We reserve the right to vary performance of the services in compliance with any statutory requirements.
We are entering into this Contract on the basis that, firstly, you are in a much better position than us to know what any consequential loss might be from the services we provide; secondly, that you are aware that the potential extent of damage which might be caused by any breach of the Company’s services is disproportionate to our charges under this Contract; and, thirdly, both parties are anxious to keep costs down to a realistic level in carrying out the services.
In such circumstances, the liability of the Company for any loss of damage caused by the manner in which we carry out our services must involve limiting or excluding such liabilities. These consist of the following:
A. We have no obligation or duty or liability to you beyond that of exercising reasonable skill and care in undertaking the services.
B. These express terms take place of all warranties, conditions, terms, undertakings and obligations implied by statute or custom, usage of dealing or otherwise to the full extent to which they are permitted by law.
C. We will not be liable for loss arising from any failure by you to keep and maintain up to date security copies of all computer programmes and data in accordance with best computing practice.
D. We are not liable to you for any economic loss, direct or indirect, whether arising from profits, business, lost savings or any other factor even if we had been previously advised of such potential loss.
E. No claims whether in tort, contract or misrepresentation may be made if notified by either party against the other in writing more than two years after a cause of action has arisen.
F. Save for and subject to any valid claim made under clause 9 (g) in no circumstances will any claim for damages, misrepresentation or tort exceed the sums payable under this Contract.
G. Our employees have professional liability cover for claims made for damages in connection with their carrying out the services and their certificates are available for inspection. The level of cover is £2 million for any one incident within any given 12 month period. In no circumstances will we be liable for any loss incurred by you, which exceeds this liability cover figure.
H. The defences, exclusions, indemnities and limitations set out in this clause shall have full effect notwithstanding any termination, breach or repudiation of the Contract.
Please note that you must inform us in writing at the earliest opportunity of any incident which gives rise to or may give rise to a claim against us for personal injury or death or loss or damage to property.
All delegates use the Company’s premises including without limitation its car parking areas at their own risk
10. SOCIAL MEDIA & PROMOTION
The company reserves the right to share material including any images taken during the course on its own company pages including: Facebook, Twitter and Instagram. In addition to the companies website and other promotional material. The company reserves the right to contact all delegates via email of upcoming courses the company is providing. This is not an exhaustive list.
11. RE-SIT EXAMINATIONS
The company reserves the right to charge for re-sit examinations to cover additional costs of administration, labour costs and examination fees.
SIA EXAMINATION RE-SITS.
All Security Industry Authority related qualifications re-sits would be charged at £50 per unit exam and be sat at the next scheduled examination as per detailed through our website address under the relevant page. If the delegate or the booking party requires the examination to take place sooner, the company will schedule an agreeable time (Minimum of 5 days notice). In this instant the company reserves the right to charge an additional £75 on top of the unit exam charge detailed in section 11 of this document.
ALL OTHER COURSE RE-SITS
All other course subject re-sits are POA and are subject to change.
The company reserves the right to change your original examination location giving a minimum of 48 hours notice at no cost to the company. The company will endeavour to reschedule your course at a location within 50 miles of your original booking location. The company is not responsible for additional travel costs in this instant.
12. ELEARNING SERVICES
Please read these terms carefully before using our website. Using this website indicates that you accept these terms, regardless of whether or not you choose to register with us. If you do not accept these terms, do not use our website.
Any purchase of services you make via our website will be governed by our Terms and Conditions of Sale.
We reserve the right to remove access to this website in respect of anyone who does not comply with the terms set out herein.
Unless stated otherwise, the intellectual property rights and copyrights for all material displayed on our website (and contained in the online courses and materials accessed via our website) are owned by our licensors or us. You may download and print extracts from our website (or from the online courses accessed through our website) for your own personal, non-commercial purposes. You should not use any extracts from our website for any other purposes. Any rights not expressly granted in these terms and conditions are reserved.
No part of our website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. Any rights not expressly granted in these terms are reserved.
With the exception of the online courses and associated material (which are dealt with in our Terms and Conditions of Sale), the material on our website is provided on an “as is” basis, without any conditions, warranties or other terms of any kind. To the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have an effect with respect to our website.
The company may reserve the right to use different companies and awarding organisations to provide an eLearning platform and course material, the booking party / delegate is subject to these companies and awarding organisations general terms and conditions.
Links to third party websites on our website are provided solely for your convenience. If you use these links, you leave our website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to by our website, you do so entirely at your own risk.
We always try to ensure that our website is always available for you. In the event that our website is unavailable at any time and for any period (for whatever reason) we shall not be liable.
You are prohibited from posting or transmitting to or from our website any material that is threatening, defamatory, obscene, or similar. You must have obtained all necessary licences and/or approvals before submitting any information. We reserve the right to remove any material from the website that we consider inappropriate or unsuitable.
We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting inappropriate material.
To participate in online courses via our website you will need to register with us. Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.
Save to the extent permitted by law, we (and any of our group companies and the officers, directors, employees, shareholders, sub-contractors or agents of any of them) exclude all liability and responsibility (including without limitation in respect of negligence) from any amount or kind of loss or damage arising out of or in connection with your use of this website.
We do not exclude or attempt to limit in any way our liability:
• for personal injury or death resulting from our negligence;
• for any matter for which it would be illegal for us to exclude or to attempt to exclude our liability; or
• for fraud or fraudulent misrepresentation.
Subject to the exclusions/limitations set out above, we shall not be liable to you for any indirect or consequential loss or damage of any nature whatsoever arising and whether caused in tort (including negligence), breach of contract or otherwise (even if foreseeable), any loss of income or revenue, loss of business, loss of profit of contracts, loss of anticipated savings, wasted third party costs, and/or loss of data, management or office time.
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that you access our website.
If any provision within these terms and conditions is held by any competent authority to be invalid or unenforceable (in whole or in part) the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
These terms and conditions (including in relation to any non-contractual obligations) shall be governed by and interpreted in accordance with English law and subject to the exclusive jurisdiction of the English courts. All prices quoted in advertisement on any platform are subject to VAT at the current rate %
13. PROMOTIONAL OFFERS
All promotional offers and discounts are subject to the following:
Exclusions from offers include any monetary value offers from courses of RRP of less that £25+VAT (Ex. £10 voucher for signing up to our email marketing database).
Only one offer is applicable at one time and may not be used in conjunction with any other offer or promotion.
By participating in promotions, participants agree to be bound by these and promotional specific Terms and Conditions which are in conjunction with Mimas’s normal full rules, Terms and Conditions.
We may at our absolute discretion restrict who may enter into promotions for any reason.
Employees of the Mimas Training, any advertising agency or web company connected with the Mimas Training or any such person’s subsidiary or associated companies, agents or members of their families or households, are not eligible to participate in promotions. The Mimas Training reserves the right to verify the eligibility of all participants.
Any participant found to be operating multiple accounts in promotions will be in breach of these and general account terms and the Mimas Training will determine at its sole discretion by whatever means it deems necessary to establish if different entries or accounts are connected to the same person. Bonus offers are limited to one bonus per person, household and/or computer, and/or payment method unless otherwise stated.
Participants, whether individually or acting in a group, will be found to be in breach of these and promotional specific terms if the Mimas Training at its sole discretion has reason to believe that a promotion has been abused, manipulated, or that irregular, fraudulent, collusive or illegal activity has occurred.
By participating in promotions, participants consent to the use of their name, screen-name, image, photographs, winning sums, given social media name and geographical location for advertising, promotional and news purposes without additional compensation, except where prohibited by law.
In respect of promotions requiring no physical participant attendance, the Mimas Training and any its legal representatives, affiliates, subsidiaries, agencies and their respective officers, directors, employees and agents, shall be held harmless and be indemnified for any loss or disappointment suffered by any participant taking part in promotions.
In respect of promotions requiring participant attendance (for example a First Aid course, or Door Supervisor course), the Mimas Training and any of its legal representatives, affiliates, subsidiaries, agencies and their respective officers, directors, employees and agents shall be held harmless and be indemnified for any damage, loss, injury or disappointment caused to or by any participant taking part in promotions or a winner when taking a prize. Nothing in these Terms and Conditions shall operate to exclude liability for death or personal injury resulting from the Mimas Training’s negligence.
In the event of any breach of these or promotional specific terms and conditions or a participant being ineligible to participate in a promotion, the Mimas Training reserves the right to take such action as it deems appropriate and in its absolute discretion, including but not limited to account, disqualification from the promotion, reclamation of discounts or prizes granted, refusing entry into all future promotions, withholding associated certificates.
The decision of the Mimas Training in all promotional matters is final and no correspondence will be entered into. The Mimas Training reserves the right to withhold promotional benefits until resolution of any dispute.
Events may occur that result in the Mimas Training extending, refusing, reclaiming, cancelling, terminating, modifying or suspending a promotion, these terms and/or the offer of any discount(s) at any point and for any reason. These may be due to a third party’s illegal activity, technical difficulties and/or any other reasons beyond the control of the Mimas Training and accordingly the entrant agrees that the Mimas Training shall have no liability as a result thereof.
The Mimas Training disclaims any liability for inaccurate information, whether caused by the website, user’s equipment used in a promotion, or by human or technical errors related to the submission of entries. The Mimas Training and its agents accept no responsibility for the failure of any third parties to fulfil their contractual obligations in relation to a promotion.
The Mimas Training and its agents accept no responsibility for the failure of any third parties to fulfil their contractual obligations in relation to a promotion.
14. COURSE RESULTS
The companies chosen training provider awarding organisation mark assessments, and results are made available within 14 working days of sitting the exam, there may be further delay in exam results by the awarding body.
The company will not be liable for any kind of loss in case of a delay in result by the training provider or their nominated awarding organisation.
15. CONSULTANCY SERVICES
Mimas Trainings consultancy services are covered via Mimas Trainings Consultancy terms of service agreement, which is available on production of a quotation in writing for services.
Either party in writing can terminate this Contract if the other party commits a breach of its terms and they are not remedied within 30 days after notice in writing identifying the breach and demanding that it be remedied (if capable of remedy).
Either party can immediately terminate the agreement in writing if the other party becomes insolvent or makes a voluntary arrangement with creditors, or become subject to an administration order or is dissolved or is wound up or suffers a statutory demand or a presentation or petition for bankruptcy or a receiver or administrative receiver is appointed over any assets or if there is any distress for rent or other execution against any assets or if any court judgements are made against that party.
If we reasonably believe that any of these events may apply to you, we may suspend performance of our services until we verify the position. In such circumstances, the times set out for our performance under the Contract will be extended accordingly.
On the expiration or earlier termination of this Contract, the rights and obligations between us under the Contract will automatically terminate without prejudice to any accrued rights of action either party may have against the other including payment of monies due and interest on such monies unless expressly preserved under these terms and conditions.
During the contractual term of this agreement and for a period of 12 months after its contractual expiration date, each of us mutually agree not to recruit any staff (including employees, associates, sub-contractors, consultants and self employed persons) from the other party who have been introduced to the other side under the terms of this Contract. This restriction will, however, not apply to members of staff who have applied for positions genuinely arising or advertised by either party or to members of staff who have left the employment of either party for a period of more than six months from the termination of this Contract or any extension of this Contract.
If we create any copyright, work or design in the course of carrying out the services under this Contract in which any legal or moral rights may subsist then these shall be our absolute property. By entering into this agreement you agree to waive all rights in such copyright work or design.
Neither of us shall divulge information to any third party (except our respective employees on a need to know basis) or as required by law or by regulatory authority unless that party has the prior written consent of the other. This shall not apply to matters which were already previously known to that party or are within the public domain or which are of a non-confidential nature. Each of us will ensure that our respective employees and other workers are aware of and comply with such confidentiality and will indemnify the other against any loss or damage arising from breach of confidence by any employee.
Any notice required or allowed to be given under these terms and conditions will be in writing addressed to the other party at the address stated in this Contract unless notified in writing subsequently. Service shall be deemed to have been given 48 hours following service by first class post and proof of posting pre-paid. Notice by email or fax transmission shall be deemed to be served immediately.
No waiver or concession under this agreement to be taken as a waiver or concession on any subsequent breaches.
We reserve the right to perform any of the services under this Contract through any contractor or sub-contractor.
If any part of these terms proves to be illegal or unenforceable, the other provisions of these terms shall continue in full force and effect.
The Contract is not assignable by you but may be assigned by us in future.
The Contract does not create a partnership between us or authorise either of us as agent for the other.
Any third party referred to in these terms shall have no rights under the Contract.
The Contract will be governed by and construed in accordance with the laws of England and the parties will submit to the exclusive jurisdiction of the appropriate court geographically closest to our registered office.
If you agree to these terms and conditions would you please return one copy of the contract with your signature endorsed upon it.
If you are an unincorporated business and there are more than one of you, each of you must sign.
If booking a course via www.mimastraining.com you automatically accept these terms and conditions stated above.
If you are signing for a private limited company, we are entitled to assume that the signature is by an authorised person to bind the company. If we have indicated on the booking form that a guarantee for the company is required, then your signature as a guarantor will operate not only to bind the company but also constitute a guarantee by you personally for the performance of the company under the Contract with primary liability and not simply as surety.