CDP Training & Development Limited Consultancy - Terms & Conditions
Definitions: ‘Services’
1.1. ‘In House’ ‘in company’ courses Training and assessment mean the provision of bespoke health and safety courses to a specific customer; delivered at their office or chosen venue.
1.2. Open Courses means the provision courses, training or assessment which are available to any customer delivered by CDP Training & Development Ltd. At a pre arranged venue and time.
1.3. “Consultancy” means the provision of consultancy / Advice / Documentation.
2. These terms and conditions are between CDP Training & Development Ltd. and the customer. All dealings between CDP Training & Development Ltd. and the customer shall be governed by these terms and conditions which shall prevail over any others.
3. These terms and conditions and any contract formed pursuant to them may be varied provided any variation is confirmed in writing by a Director of CDP Training & Development Ltd. A Binding contract will be formed when CDP Training & Development Ltd. accept a customer’s order for the provision of the Services (the ‘Contract’).
4. The customer shall pay the charges as quoted or shown in the price list (‘the Charges’). The Charges and any additional sums payable shall be paid by the customer as follows:
4.1 All Open Courses payment shall be made prior to the date of the Open Course taking place;
4.2 In house Courses payment shall be made within 28 days of the date of the In house Course having taken place.
4.3 Consultancy payment shall be made within 28 days of completion of the consultancy. CDP Training & Development Ltd. however may at their discretion request payment of the charges at any time prior to the provision of the Services.
5. Certificates to prove completion of the course may be withheld by CDP Training & Development Ltd. until payment is received. No refund shall be given should a participant fail any course provided by CDP Training & Development Ltd. and no guarantee is given as to any participant successfully passing a course, assessment or achieving a qualification
6. The customer may cancel any of the Services at any time by giving CDP Training & Development Ltd. 28 days written notice. If the Customer cancels the Services within 15-27 days of the course date the customer shall be liable to pay 50% of the Charges. If the customer cancels the Services within 14 days of the course date the customer shall be liable to pay 100% of the Charges.
7. Unless specified, Value Added Tax will not be included in any price and will be charged at the rate in force at the time of quotation for which the customer shall be additionally liable. The customer is responsible for notifying CDP Training & Development Ltd. If funding or other arrangements require the charges to exclude VAT [Zero VAT]
8. If payment is not made in accordance with Clause 4 above CDPTraining & Development Ltd shall be entitled to:
8.1 Charge interest on the outstanding amount (both before and after judgment) on a daily basis at the rate of 3% above the base rate of CDP Training & Development Ltd.’s Bank from the due date until the outstanding amount is paid in full.
8.2 Terminate the Contract immediately.
9. CDP Training & Development Ltd. shall not be liable to the customer or be deemed to be in breach of the Contract by reason of any delay in performing, interruption in performing or any failure to perform any of CDP Training & Development Ltd.’s obligations under the Contract if the delay or failure is due to any cause beyond CDP Training & Development Ltd. reasonable control.
10. CDP Training & Development Ltd .shall not be liable for any loss including but not limited to loss of profit and aggravated damages for other claims suffered by the Customer arising out of the performance of the Contract by CDP Training & Development Ltd (or its servants or agents).
11. CDP Training & Development Ltd.‘sentire liability in connection with all or any claims in contract, tort, statute or otherwise arising under the Contract shall not exceed the amount of the charges for the provision of the Services relating to the individual claim.
12. CDP Training & Development Ltd. reserve the right to cancel and/or amend course and service dates, times, contents and venues. every effort will be made to give the Customer as much notice as possible and offer a reasonable alternative if these are not satisfactory. In the event that payment has already been received CDP Training & Development Ltd. shall refund in full the price of the course or service No further compensation or consequential loss will be given.
13. The Customer shall indemnify CDP Training & Development Ltd for any losses incurred as a result of providing insufficient or inaccurate information to CDP Training & Development Ltd. mistakes contained within the Customer’s order, changes to the Contract requested by the Customer, the cancellation of the Contract (otherwise than in accordance with paragraph 6) by the Customer or breach of the Contract by the Customer (subject to CDP Training & Development Ltd using all reasonable endeavours to minimise such loss).
14. The Customer shall not be entitled by reason of any set-off, counterclaim, abatement or analogous deduction to withhold payment of any amount due to CDP Training & Development Ltd. unless otherwise agreed in writing by CDP Training & Development Ltd.
15. It is the responsibility of the customer to comply with current Health and safety laws and manage and monitor their business activities, risks, employee competency and implement suitable safe systems of working along with employee heath surveillance on an on going basis with suitable and sufficient records kept. CDP Training & Development Ltd. Will
16. Any written notice given under these terms and conditions shall be served either by registered post or by facsimile, e-mail, to the relevant party‟s registered /principal office or last known address.
17. These terms and conditions shall be governed and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts. In the event that one or more clauses of these terms and conditions become invalid, illegal or unenforceable, the enforceability of the remaining provisions shall not be affected.
