Terms and Conditions
1. GENERAL & DEFINITIONS
In these conditions:
The "Seller" means NS Training, Cob Castle Barton, Cannington Road, Rackenford, Devon, EX16 8EU
The “Buyer” means the individual, group, firm, company or organisation with whom the Seller
contracts.
“Weekdays” means Mondays, Tuesdays, Wednesdays, Thursdays and Fridays
“Working Days” means Weekdays, excluding Bank Holidays.
“Working Hours” means 08:00 – 16:00 hours on any Working Day.
Any agreement made between the Seller and the Buyer in relation to the provision of training and
related services, hereinafter called the “Contract”, shall only be subject to these terms and
conditions.
Any representation or warranty made by or on behalf of the Seller prior to the contract orally or in
writing is hereby expressly excluded and shall be of no effect.
A Seller’s quotation shall be deemed to have been withdrawn unless the buyer accepts the quotation
within 10 working days of the date of issue.
If the seller enters into a contract without the seller having submitted a written quotation or a
standard acknowledgement of order form but in circumstances when the buyer has had prior notice
of these conditions, then all the goods and materials supplied or work done or services rendered
shall be subject to these conditions.
2. SUITABILITY OF TRAINING
The Seller will provide information to the Buyer relating to the training that it offers and will make
reasonable effort to ensure that any training booked by the Buyer is suitable for the delegate(s) for
whom the training is intended.
Any information provided by the Seller will be accurate to the best of the Seller’s knowledge,
however the Seller cannot guarantee the absolute accuracy of information offered except that which
relates to anything solely controlled by the Seller. As such, any information provided by the Seller on
which a purchasing decision is or will be made should be independently verified by the Buyer where
such information could materially impact a purchasing decision.
The Buyer is responsible for establishing the suitability of any training booked or undertaken. Any
persons not completing / achieving the standard or not showing up for the training will be charged in
full.
The Seller will accept no responsibility for any loss or damage, financial or otherwise, resulting from
any training booked or undertaken that the Buyer later deems to be unsuitable, or for which the
delegate(s) are not eligible to undertake.
If it becomes apparent that any training that has been booked, but not yet undertaken, is not
suitable or the delegate(s) are not eligible to undertake, the terms relating to cancellation will apply
(see “CANCELLATION AND POSTPONEMENT”, below).
Alternatively, the Buyer may opt to amend the existing booking. In such circumstances, the relevant
terms relating to postponement will apply where there is a change to the delivery date, either by
choice or necessity. The Buyer will also be liable to pay any unrecoverable costs incurred by the Seller
in addition to any applicable charges for postponement.
3. CATALOGUES, PRICE LISTS & ADVERTISING LITERATURE
Information of any kind contained in the Seller's catalogues, price lists or other advertising literature
is not guaranteed to be accurate and is intended merely to represent a general picture of the Seller's
products and services and shall not form part of any contract between the Seller and the Buyer.
The Seller reserves the right to amend the specification of its products and services and the Buyer is
advised to check the specification set out in the Seller's quotation before placing his order.
4. BOOKING & CONFIRMATION
In respect of customers who hold a credit account with the Seller, an enquiry from the Buyer
regarding training services will be treated as a confirmed booking when:
a) The Buyer or any agent of the Buyer, whether with authorisation or otherwise,has expressly
stated, either by written and/or verbal communication(s) that they wish for the Seller to provide
training services or;
b) The Buyer, or any agent of the Buyer, whether with authorisation or otherwise, has given the
Seller reasonable grounds to believe that they wish for the Seller to provide training services. This
may include, but is not limited to, agreeing to, expressly or otherwise, proposed course dates, course
schedules or quotations.
In respect of Buyers who do not hold a credit account with the Seller, an enquiry will be
treated as a confirmed booking when:
c) The Buyer has paid, in respect of a training course or services, either:
i. A deposit, the amount of which is to be agreed between the Buyer and the
Seller or
ii. The full balance
OR
d) The Buyer has submitted an application to open a credit account and has otherwise satisfied
either of the conditions set out in section 4.a. or 4.b.
5. CANCELLATION, POSTPONEMENT & ALTERATIONS
Notice Period Fees:
3 working days or less 100%
4 – 7 working Days 75%
8 - 10 working days 25%
More than 11 working days 0%
a) Cancellation and postponements must be advised in writing. Where such notice is given by post, it
is deemed to have been received 3 working days after posting.
Where such notice is given by email or other electronic communication, it is deemed to have been
received:
i. Where it is sent within Working Hours, at the time of sending or;
ii. Where it is sent outside of Working Hours, one hour after the start of the next working day.
b) Where notice of cancellation or postponement is received three (3) clear Working Days or less
before the commencement of the course, the entire course fee is payable.
c) Where notice of cancellation or postponement is received more than three (3) clear Working Days
but less than seven (7) clear Working Days before the commencement of the course, a charge of 75%
of the course fee is payable.
d) Where notice of cancellation or postponement is received more than seven (7) clear Working Days
but less than ten (10) clear Working Days before the commencement of the course, a charge of 25%
of the course fee is payable.
e) Where notice of cancellation is received more than ten (10) clear Working Days before the
commencement of the course, no cancellation charge will apply.
f) Where a training course is booked less than ten (10) clear Working Days prior to its
commencement, no cancellation or postponement charges will apply for the first two (2) Working
Hours after the booking is made. Thereafter, standard cancellation and postponement charges will
apply.
g) Alterations to a booked course will be accommodated where reasonably possible.
h) Where it is possible to reasonably accommodate an alteration to a booked course, there will be no
additional charge, except where:
i. The alteration is to the number of candidates attending the course
ii. The alteration is to the accreditation required for the course
iii. The alteration otherwise causes the Seller to incur any additional costs,
or would have resulted in the Seller quoting a different price for the training
i) Where it is not reasonably possible to accommodate an alteration request, it will be treated as a
cancellation should the Buyer no longer wish to proceed with the training. For the purposes of
determining the appropriate charge for cancellation or postponement, the cancellation or
postponement will be deemed to have been made at the point at which the Buyer confirms that they
do not wish to proceed and not the point at which the request for an alteration was made.
j) Course development fees, where applicable, are payable in full for cancellation or postponement at
any point.
k) Other related costs, where applicable, are payable in full for cancellation or postponement within
20 Working Days of commencement of the course. These may include, but are not limited to, non-
refundable hotel reservations, course notification charges, travel costs such as train or flight tickets,
hire vehicles etc.
l) Where any payment(s) have been made in advance of a course, the Seller reserves the right to
deduct reasonable fees from any refunded amount, to cover costs incurred (e.g. card processing or
bank transfer fees).
m) The Buyer is responsible for ensuring that delegates attend with the correct PPE. Any delegate
who is not in possession of appropriate PPE may be asked to leave the course or training may be
delayed. No refunds will be given in respect of any training which cannot be delivered as a result of
delegates not having appropriate PPE. Where training is delayed, extended or postponed, additional
charges may be incurred.
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6. TRAINING AT THE CLIENT’S PREMISES
Where training has been booked at the Buyer’s site or a site arranged by the Buyer, the Buyer will
ensure appropriate access to any equipment necessary for the purposes of the delivery of training,
except where an agreement to the contrary has been made in writing prior to the training taking
place.
The Buyer will also ensure that a suitable area(s) are made available for the training.
This will include, as a minimum; a suitable area for the delivery of theory training and practical
training, taking account of the number of candidates and the nature of the applicable work.
Theory Training
The Buyer will ensure sufficient seating and tables for the number of candidates booked plus the
instructor. The Buyer will also ensure that a power socket(s) and at least one of the following is
available in the area provided for theory training:
• TV/Monitor with HDMI connection or
• Projector and screen or Flat plain-coloured wall or similar, ideally with an area of no less than 1m
wide by 0.5m high with HDMI connection
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Practical Training
The Buyer will ensure a suitable practical area for training allowing for:
a) Candidates to use the machine or equipment throughout its typical operational range and;
b) The criteria for the relevant practical assessment to be met and;
c) For training to be able to take place uninterrupted, so far as is reasonably practicable
Should training be cancelled or delayed due to failure of the Buyer to provide access to suitable
equipment or ensure a suitable area(s) for training are made available, it may be necessary to restrict
the candidates’ certificates accordingly, postpone/cancel the course or extend the training, which
may incur additional charges. In the event that cancellation is required or requested as a result, the
applicable charge for cancellation will apply.
Equipment must be in a serviceable condition, with all necessary inspections having been carried
out, as required by any applicable regulation(s) or legislation at the time The Trainer may reasonably
request to see evidence (ie LOLER certs) of such checks. Where such evidence cannot be provided,
the Trainer reserves the right to deem the equipment unsuitable for use, irrespective of its apparent
condition.
The Trainer reserves the right to determine, in any case, whether or not the equipment is in a
serviceable condition. Where there are any concerns, the Buyer will be given the opportunity to
rectify the issue(s) in order for the training to continue. If training is delayed as a result, this may
incur extra charges.
Authorisation
The Buyer authorises the instructor(s) to use any equipment or machine(s) made available to them
and/or that are required for the delivery of the training. Where necessary, the instructor(s) will
provide evidence of their relevant qualification(s) if requested by a representative of the Buyer.
The Buyer may revoke such authorisation at any time by contacting the Seller in writing. Where this
would prevent the Seller from completing a contract(s) or booking(s), the Seller shall make
reasonable efforts to address the cause for the removal of authorisation. Where this is not possible,
or the Buyer decides otherwise not to reverse its decision, the standard cancellation terms will apply
to any affected contract(s) or booking(s).
7. PRICES AND PAYMENT
a) Prices charged will be those ruling at the time of course commencement, however, courses paid
for in advance will not be surcharged in the event of a price increase. This includes courses where the
Buyer has paid a deposit to secure a booking.
b) Course fees do not include any materials used, unless agreed in writing in advance.
c) Unless otherwise agreed in writing with an authorised agent of the Seller, the deposit amount
required to secure a booking or space on a course will be a minimum of £100 per persons, except
where the total cost is less than this amount. Spaces on a course are not reserved, nor a course
confirmed, without a deposit being paid or, only in respect of customers who have a credit account
with the Seller, written confirmation of the booking from an agent of the Buyer as outlined in
sections 4.a. and 4.b.
d) Unless mutually agreed, payment in full is due no later than the commencement of the course or,
only for customers with a credit account, the applicable period of credit afforded to the Buyer
holding the account. Where courses are spread over a period of time, each separate part of the
course will be regarded as a separate contract but may appear on the same invoice.
e) The company will be entitled to suspend all further supplies, for example delivery of further
training or providing evidence of training, if payment terms are not met. This will not in any way
prejudice the Seller's rights under the contract.
f) Course schedules and prices are based on free and uninterrupted access to the site and equipment
during the entire course and any delays to the work due to any cause outside the Seller's control may
be charged as an invoiced extra.
g) Quotations are based on the work being carried out during normal Working Hours unless
otherwise stated. Additional charges may apply to work carried out at night or on weekends or Bank
Holidays.
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8. DATE FOR COMPLETION
The dates for training or the date for completion of training shall be extended by a reasonable time,
at the sole discretion of the Seller if performance of the contract is delayed by reason of any cause
whatsoever beyond the Seller's reasonable control, including but not limited to war, civil commotion
strikes, lockouts, labour disputes, epidemics, illness, fire, accidents, breakdown, defective materials,
lack of supplied raw materials of components and non-delivery or late delivery by manufacturer.
9. DETERMINATION, SUSPENSION AND CANCELLATION BY THE SELLER
a. If the Buyer shall fail to make any payment when it becomes due or shall commit any other breach
of contract and fail to remedy the same within 7 days of receiving the seller's request in writing so to
do or the Seller has bona fide doubts about the Buyer's solvency, the Seller may defer or cancel any
further performance of the contract but without prejudice to its right to any unpaid price for goods
or materials delivered or cost of work done in performance of the Contract and to damages for loss
suffered in consequence of such determination.
b. If the Seller is prevented from completing the Contract either wholly or in part in accordance with
the terms thereof for any reason whatsoever beyond its reasonable control then further
performance of the contract shall be suspended for the period during which the Seller is so
prevented, provided that if the contract is suspended for a continuous period of more than three
months then either party may give the other written notice to terminate the contract forthwith and
then the Buyer shall pay for all goods and materials supplied and work completed before
termination. Such payment is to be made on or before five (5) Working Days following the date of
notice of termination. The Seller will be under no liability whatsoever to the Buyer for any direct or
consequential loss or damage suffered by the Buyer as a result of the Seller's inability to perform its
obligations under the contract in these circumstances.
c. The Seller reserves the right to cancel or postpone any planned training course, at any time up to
and including commencement of the course, at its sole discretion. If the decision to cancel or
postpone a course is taken by The Seller, any deposit or other monies paid to The Seller will be
refunded, unless such cancellation is for any reason outside of The Seller’s reasonable control (e.g.
extreme weather conditions, sickness, vehicle breakdown, government restrictions etc.). In this
instance, where possible, the Seller will offer an alternative course for the same or a mutually
suitable alternative date at no additional cost to the Buyer. The Seller will be under no liability
whatsoever to The Buyer for any direct or consequential loss or damage suffered by The Buyer as a
result of The Seller’s decision to cancel or postpone a training course(s).
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10.WARRANTY
a) Training at the Buyer’s premises
i. The Buyer shall indemnify the Seller against all costs and clams whatsoever arising from damage or
injury to any person(s) or property on the Buyer’s premises unless such damage or injury shall be
proved conclusively to have been caused solely by the proven negligence of the Seller.
ii. Notwithstanding section 9.a.i, the Seller shall not be liable in any way whatsoever for any claim for
direct or indirect consequential injury or damage whatsoever made by the Buyer, or any third party
whether or not such injury or damage is caused directly or indirectly, wholly or in part by the
negligence of the Seller.
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b) Training other than at the Buyer’s premises
i. The Buyer will have in force at all times a Public Liability Insurance Policy, satisfactory to the Seller,
duly endorsed to give indemnity to the Seller in a sum of not less than £1M in respect of any
occurrence or series of occurrences arising out of one event.
ii. All other conditions and warranties whatsoever express or implied are hereby excluded.
c) All training
i. It is expressly agreed that the Seller has no control over the actions of delegates during training or
at any time after training has been completed. Any damage, loss, injury or death howsoever caused
as a consequence of the delegate failing to follow instructions given during or following completion
of the training is the responsibility of the delegate and the Buyer.
ii. The Buyer and the delegate agree to indemnify the seller against claims and costs associated with
any claims arising out of such events.
11.ERRORS
The Seller reserves the right to correct any clerical or typographical errors made at any time and shall
not be bound by such errors. Any errors resulting from mis information given from the candidate will
be fully chargeable for any replacement card or certificates.
12.HEALTH AND SAFETY AT WORK ACT 1974
The attention of the Buyer is drawn to the provisions of legislation and statutory regulations relating
to health and safety at work. The Seller will make available on request one copy of any documents
which it may have which the Buyer reasonably requires relating to the design, construction and
installation of its products to ensure that as far as reasonably practicable they are safe and without
risk to health when properly used. The Buyer shall ensure that such documents are made available to
any person who should have knowledge thereof.
The Buyer shall make available to the Seller any documents reasonably requested in relation to
Health and Safety including but not limited to Risk Assessments; COSHH registers and information
sheets; evidence of insurance(s); design specifications; capacity ratings etc.
13.SEVERANCE
If at any time one or more of the provisions of these conditions becomes invalid, illegal or
unenforceable in any respect under any law or is held by a court to be invalid, illegal or
unenforceable, the validity and enforceability of the remaining provisions of these conditions shall
not in any way be affected or impaired thereby.
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14.WAIVER
Any time or indulgence granted by the Seller to the Buyer or any waiver by the Seller of its rights in
respect of any breach by the Buyer of any terms or conditions herein contained shall not be a
deemed grant of time or indulgence in respect of any other matters or as a waiver by the Seller of its
rights in respect of any other such breach.
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15.INTERPRETATION
In these conditions the neuter gender shall include the masculine and feminine and vice versa and
the singular number shall include the plural and vice versa. The headings in these conditions are for
guidance only and shall be of no material effect.
16.JURISDICTION
These conditions and each and every contract made pursuant thereto shall be governed by and
construed in all respects in accordance with the laws of England and Wales and in any dispute arising
hereunder shall be tried by the courts thereof.
17.CONFIDENTIALITY
All drawings, technical documents, commercial and financial information made known in any way to
the Buyer by the Seller shall remain confidential and shall not be disclosed to third parties by the
Buyer under any circumstances except where specific prior agreement is given in writing by the Seller
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18. Certification
Certification will be processed upon course completion and receipt of full payment.
How to Pay
By BACS transfer Payment can be made direct to Next Steps Training by BACS transfer
Next Steps Training cic
Bank: Cash plus business
Sort code: 08-71-99
Account number: 08346957